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HomeMy Public PortalAbout20180613 - Agenda Packet - Board of Directors (BOD) - 18-24 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 Wednesday, June 13, 2018 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 – STUDY SESSION ROLL CALL 1. 2018 State of California Legislative Session – Board of Directors Briefing on Matters of Interest to Midpeninsula Regional Open Space District (R-18-56) Staff Contact: Joshua Hugg, Governmental Affairs Specialist Acting General Manager’s Recommendation: Receive and discuss the 2018 State of California Legislative Session update from the District’s 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 Meeting 18-24 Rev. 1/3/18 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 May 23, 2018 Minutes 2. Claims Report 3. Call District Elections in Wards 1, 2, 5, and 6 and Request Election Consolidation Services from Santa Clara, San Mateo, and Santa Cruz Counties (R-18-57) Staff Contact: Jennifer Woodworth, District Clerk/Assistant to the General Manager Acting General Manager’s Recommendations: 1. Adopt a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District calling an election and requesting election consolidation services – Santa Clara County, Wards 1, 2, and 5. 2. Adopt a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District calling an election and requesting election consolidation services – San Mateo County, Wards 5 and 6. 3. Adopt a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District calling an election and requesting election consolidation services – Santa Cruz County, Ward 2. 4. Reconfirm Board Policy 1.07 (Board Elections) regarding a maximum of 200 words per candidate statement, payment of candidates’ statements and, if required by the respective county, translations of candidates’ statements pursuant to the Elections Code of the State of California, in those wards where two or more candidates have qualified to appear on the ballot. 5. Adopt a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District authorizing not listing any unopposed candidate for election on the November 6, 2018 ballots of Santa Clara, San Mateo, and Santa Cruz Counties. 4. Temporary Appointment of Interim General Counsel for the end of Fiscal Year 2017-2018 (R-18-58) Contact Person: Jed Cyr, Board President Board President’s Recommendation: Appoint Gary Baum. Esq., as Interim General Counsel for the period June 17, 2018 through June 30, 2018. 5. Resolution in Support of the Water Supply and Water Quality Act of 2018 (R-18-59) Staff Contact: Joshua Hugg, Governmental Affairs Specialist Acting General Manager’s Recommendation: Consider adoption of a resolution in support of the Water Supply and Water Quality Act of 2018 put forth by citizens’ initiative on the ballot for the November 6, 2018 statewide general election. 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. 6. Approval of the General Manager’s Employment Agreement (R-18-61) Rev. 1/3/18 Contact Person: Jed Cyr, Board President Board President’s Recommendation: 1. Appoint Ana Ruiz to be the Midpeninsula Regional Open Space District General Manager effective June 13, 2018. 2. Adopt a resolution approving the General Manager’s Employment Agreement. 7. Consideration of the Controller’s Report on the Proposed Fiscal Year 2018-19 Budget (R-18- 62) Staff Contact: Michael L. Foster, Controller Acting General Manager’s Recommendation: Approve the Controller’s Report on the Fiscal Year 2018-19 Budget. 8. Fiscal Year 2018-19 Budget and Capital Improvement and Action Plan (R-18-63) Staff Contact: Carmen Narayanan, Budget & Analysis Manager Acting General Manager’s Recommendations: 1. Adopt a resolution approving the FY2018-19 Budget and Capital Improvement and Action Plan. 2. Approve three new positions in the Visitor and Field Services business line. 3. Approve two new positions in the Finance and Administrative Services business line. 4. Approve elimination of one existing position in the Finance and Administrative Services business line. 5. Adopt a resolution approving the Classification and Compensation Plan. INFORMATIONAL MEMORANDUM • Mount Umunhum - East Summit Closure and Visitation Update 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. Rev. 1/3/18 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 June 8, 2018, 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-18-56 Meeting 18-24 June 13, 2018 STUDY SESSION AGENDA ITEM 1 AGENDA ITEM 2018 State of California Legislative Session – Board of Directors Briefing on Matters of Interest to Midpeninsula Regional Open Space District ACTING GENERAL MANAGER’S RECOMMENDATION Receive and discuss the 2018 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 a legislative briefing on the 2018 State of California legislative session, including an overview of the current state legislative climate and its possible effect on the legislative session and the state budget. DISCUSSION On June 13, 2018, the Board of Directors (Board) will receive a 2018 State of California Legislative Session briefing. The 2018 Legislative Program, which the Board approved at its January 10, 2018 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 2018 Legislative Program has guided the determination of priority legislation to track this year. Staff and the District’s legislative consultants, PPA and EEC, provided a legislative update to the Board’s Legislative, Finance, and Public Affairs Committee (LFPAC) on March 27, 2018. Committee members provided feedback on proposed priority legislation to track, where the most significant feedback emphasized the need for the District to continue its work on the definition of Disadvantaged Communities. The full Board reviewed and approved the recommended list of specific priority bills at the April 11, 2018 meeting. Staff and the District’s legislative consultants actively use the Board-approved 2018 Legislative Program to communicate District positions on bills, budget recommendations, and other legislative items to the respective authors and/or legislative committees as appropriate. Staff also continues to field time-sensitive requests from partners as well as monitor evolving pieces of legislation based on Board Policy 1.11 (Attachment 3). Legislation deemed a priority by the Board pursuant to Board Policy 1.11 continue to be tracked, and if appropriate, either supported or opposed. Please refer to Attachment 2 for a snapshot on the status of priority bills as of June 8, 2018. R-18-56 Page 2 Legislative Categories Legislation and topics to be discussed by PPA and EEC on June 13, 2018 may include, but are not limited to: • Cap and Trade/Greenhouse Gas Reduction Fund/Climate Change • California budget process • Wildlife corridors • Water legislation • Wildfire prevention/Forest health legislation • Pension reform • Redevelopment revival State of California Upcoming Legislative Calendar The state entered the second half of the 2018 Legislative Session in June, where bills that successfully passed out of their house of origin receive hearings in their opposite house (i.e., introduced in Assembly, now heard in Senate). Key deadlines are as follows (see Attachment 1 for full calendar): • June 15 - Budget Bill must be passed by midnight • June 28 - Last day for a legislative measure to qualify for the November 6 General Election ballot • June 29 - Last day for policy committees to hear and report fiscal bills to fiscal committees • July 6 - Last day for policy committees to meet and report bills. Summer Recess begins upon adjournment provided Budget Bill has been passed • July 7 – August 5 – Summer Recess (following passage of Budget Bill) • August 17 - Last day for fiscal committees to meet and report bills • August 24 - Last day to amend bills on the floor • August 31 - Last day for each house to pass bills, except bills that take effect immediately or bills in Extraordinary Session. Final Recess begins upon adjournment Legislative Consultant Team In 2017, the District issued a Request for Proposals for legislative consulting services. The request included requirements that the firm(s) be proficient in both administrative matters relevant to the operation of a special district and mission-related issues – such as habitat preservation, public access, and land stewardship. No single firm was found to meet all needs, therefore two contracts were issued to firms with strengths in each respective area. Generally, PPA handles legislation related to the administration of special districts and EEC focuses on environmental legislation. This fall, staff plans to review the performance of each firm and recommend adjustments, as necessary. FISCAL IMPACT There is no fiscal impact associated with this briefing. R-18-56 Page 3 BOARD COMMITTEE REVIEW Legislative updates are periodically brought to the Legislative, Funding, and Public Affairs Committee throughout each year. 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 updates and proposals to LFPAC and the Board throughout the state legislative session: • July 17 – Legislative, Finance, and Public Affairs Committee (LFPAC) update • August 22 – Board update • October 24 – Board update Attachments: 1. 2018 California Legislative Calendar 2. MROSD Priority Bill Legislative Status as of June 5, 2018 3. MROSD Board Policy 1.11, Positions on Ballot Measures and Legislative Advocacy Responsible Department Head: Christine Butterfield, Acting Assistant General Manager Prepared by: Joshua Hugg, Governmental Affairs Specialist 2018 TENTATIVE LEGISLATIVE CALENDAR COMPILED BY THE OFFICE OF THE SECRETARY OF THE SENATE Revised 11/16/16 JANUARY S M T W TH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 DEADLINES Jan. 1 Statutes take effect (Art. IV, Sec. 8(c)). Jan. 3 Legislature Reconvenes (J.R. 51(a)(4)). Jan. 10 Budget must be submitted by Governor (Art. IV, Sec. 12(a)). Jan. 12 Last day for policy committees to hear and report to fiscal committees fiscal bills introduced in their house in the odd-numbered year (J.R. 61(b)(1)). Jan. 15 Martin Luther King, Jr. Day. Jan. 19 Last day for any committee to hear and report to the floor bills introduced in that house in the odd-numbered year (J.R. 61(b)(2)). Last day to submit bill requests to the Office of Legislative Counsel. Jan. 31 Last day for each house to pass bills introduced in that house in the odd-numbered year (J.R. 61(b)(3), (Art. IV, Sec. 10(c)). FEBRUARY S M T W TH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Feb. 16 Last day for bills to be introduced (J.R. 61(b)(4), (J.R. 54(a)). Feb. 19 Presidents’ Day. MARCH S M T W TH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Mar. 22 Spring Recess begins upon adjournment of this day’s session (J.R. 51(b)(1)). Mar. 30 Cesar Chavez Day observed. APRIL S M T W TH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Apr. 2 Legislature Reconvenes from Spring Recess (J.R. 51(b)(1)). Apr. 27 Last day for policy committees to hear and report to fiscal committees fiscal bills introduced in their house (J.R. 61(b)(5)). MAY S M T W TH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 May 11 Last day for policy committees to hear and report to the floor nonfiscal bills introduced in their house (J.R. 61(b)(6)). May 18 Last day for policy committees to meet prior to June 4 (J.R. 61(b)(7)). May 25 Last day for fiscal committees to hear and report to the floor bills introduced in their house (J.R. 61(b)(8)). Last day for fiscal committees to meet prior to June 4 (J.R. 61(b)(9)). May 28 Memorial Day. May 29- June 1 Floor Session only. No committees, other than conference or Rules committees, may meet for any purpose (J.R. 61 (b)(10)). *Holiday schedule subject to Senate Rules committee approval Page 1 of 2 Attachment 1 2018 TENTATIVE LEGISLATIVE CALENDAR COMPILED BY THE OFFICE OF THE SECRETARY OF THE SENATE Revised 11/16/16 JUNE S M T W TH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 June 1 Last day for each house to pass bills introduced in that house (J.R. 61(b)(11)). June 4 Committee meetings may resume (J.R. 61(b)(12)). June 15 Budget Bill must be passed by midnight (Art. IV, Sec. 12(c)(3)). June 28 Last day for a legislative measure to qualify for the Nov. 6 General Election ballot (Elections code Sec. 9040). June 29 Last day for policy committees to hear and report fiscal bills to fiscal committees (J.R. 61(b)(13)). JULY S M T W TH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 July 4 Independence Day. July 6 Last day for policy committees to meet and report bills (J.R. 61(b)(14)). Summer Recess begins upon adjournment provided Budget Bill has been passed (J.R. 51(b)(2)). AUGUST S M T W TH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Aug. 6 Legislature Reconvenes (J.R. 51(b)(2)). Aug. 17 Last day for fiscal committees to meet and report bills (J.R. 61(b)(15)). Aug. 20-31 Floor Session only. No committees, other than Conference and Rules Committees, may meet for any purpose (J.R. 61(b)(16)). Aug. 24 Last day to amend on the floor (J.R. 61(b)(17)). Aug. 31 Last day for each house to pass bills, except bills that take effect immediately or bills in Extraordinary Session (Art. IV, Sec. 10(c), (J.R. 61(b)(18)). Final Recess begins upon adjournment (J.R. 51(b)(3)). *Holiday schedule subject to Senate Rules committee approval IMPORTANT DATES OCCURRING DURING INTERIM STUDY RECESS 2018 Sept. 30 Last day for Governor to sign or veto bills passed by the Legislature before Sept. 1 and in the Governor’s possession on or after Sept. 1 (Art. IV, Sec. 10(b)(2)). Nov. 6 General Election Nov. 30 Adjournment Sine Die at midnight (Art. IV, Sec. 3(a)). Dec. 3 12 Noon convening of the 2019-20 Regular Session (Art. IV, Sec. 3(a)). 2019 Jan. 1 Statutes take effect (Art. IV, Sec. 8(c)). Page 2 of 2 Attachment 1 Measure Author Category Topic Status Location Brief Summary Position Priority AB 1945 Garcia, Eduardo D Climate California Global Warming Solutions Act of 2006: Greenhouse Gas Reduction Fund: investment plan. 5/31/2018-In Senate. Read first time. To Com. on RLS. for assignment. 5/31/2018- S. RLS. Would require the State Air Resources Board to work with state agencies administering grant programs that allocate moneys from the Greenhouse Gas Reduction Fund to give specified communities preferential points during grant application scoring for programs intended to improve air quality, to include a specified application timeline for programs with competitive application processes, and to allow applicants from the Counties of Imperial and San Diego to include daytime population numbers in grant applications. Watch 2 SB 1015 Allen D Climate California Climate Resiliency Program. 5/29/2018-Read third time. Passed. (Ayes 27. Noes 9.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk. 5/29/2018- A. DESK Would establish the California Climate Resiliency Program to increase resiliency to climate change impacts in urban and rural communities throughout the state and to fund the planning and implementation of projects that improve and enhance the climate change resiliency of natural systems, natural and working lands, and developed areas. The bill would require that the program be developed and implemented by the Wildlife Conservation Board, in coordination with any participating state conservancies, as defined. Support 2 MROSD Legislative Tracking Matrix Updated: 6/5/2018 Attachment 2 MROSD Legislative Tracking Matrix Updated: 6/5/2018 SB 1401 Wieckowski D Climate Climate change: climate adaptation information: clearinghouse. 5/17/2018- Referred to Com. on NAT. RES. 5/17/2018- A. NAT. RES. Current law requires the Office of Planning and Research to coordinate with appropriate entities to establish a clearinghouse for climate adaptation information for use by state, regional, and local entities. The bill would require the office to seek feedback from entities that use the clearinghouse to maximize the efficacy and usefulness of the clearinghouse. Support 2 SB 262 Wieckowski D Climate Climate change: climate adaptation: advisory council. 5/17/2018-From committee with author's amendments. Read second time and amended. Re- referred to Com. on NAT. RES. 5/17/2018- A. NAT. RES. Current law requires the Office of Planning and Research to administer the Integrated Climate Adaptation and Resiliency Program. Current law requires the office, in coordination with appropriate entities, to establish a clearinghouse for climate adaptation information for use by state, regional, and local entities. Current law requires the office to establish an advisory council, comprised of members for a range of disciplines, to support the office’s goals to facilitate coordination among state, regional, and local agency efforts to adapt to the impacts of climate change. This bill would recast the advisory council as the California Council for Adaptation and Resiliency. Support 2 AB 2534 Limón D Education Parks: environmental education: grant program. 5/31/2018-In Senate. Read first time. To Com. on RLS. for assignment. 5/31/2018- S. RLS. Would require the Director of Parks and Recreation, on or before May 1, 2019, to establish the Outdoor Equity Grants Program, to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place. The bill would require the director to, among other things, give priority for funding to outdoor environmental education programs that primarily provide outreach to and serve students who are eligible for free or reduced-price meals, foster youth, or pupils of limited English proficiency, as provided. Watch 2 Attachment 2 MROSD Legislative Tracking Matrix Updated: 6/5/2018 SB 1072 Leyva D Equity Regional Climate Collaborative Program: technical assistance. 5/29/2018-Read third time. Passed. (Ayes 27. Noes 10.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk. 5/29/2018- A. DESK Would establish a regional climate collaborative program, to be administered by the Strategic Growth Council, to assist under-resourced communities, as defined, in a region to access statewide public and other grant moneys, as specified,for climate mitigation and adaptation projects by establishing collaboratives, as specified. The bill would authorize the council to award specified grants to collaboratives for specified activities. Support in Concept 2 AB 2916 Grayson D Finance Property tax revenue allocations: qualified fire protection districts. 4/17/2018-In committee: Set, first hearing. Hearing canceled at the request of author. 3/22/2018-A. L. GOV. Would, for the 2020–21 to 2024–25 fiscal years, inclusive, require the auditor of a county in which a qualified fire protection district, as defined, is located to increase the total amount of ad valorem property tax revenue that is otherwise required to be allocated to each qualified fire protection district by the fire protection district equity amount, as defined, and to commensurately reduce the total amount of ad valorem property tax revenue otherwise required to be allocated among all other local agencies in the county that are not fire protection districts by the fire protection district equity amount. Oppose 2 AB 3037 Chiu D Finance Community Redevelopment Law of 2018. 5/25/2018-Failed Deadline pursuant to Rule 61(b)(8). (Last location was A. APPR. SUSPENSE FILE on 5/23/2018) 5/25/2018- A. DEAD Existing law dissolved redevelopment agencies as of February 1, 2012, and designates successor agencies to act as successor entities to the dissolved redevelopment agencies. This bill, the Community Redevelopment Law of 2018, would authorize a city or county to propose the formation of a redevelopment housing and infrastructure agency by adoption of a resolution of intention that meets specified requirements, including that the resolution of intention include a passthrough provision and an override passthrough provision, as defined. The bill would require the city or county to submit that resolution to each affected taxing entity, and would authorize an entity that receives that resolution to elect to not receive a passthrough Watch 2 Attachment 2 MROSD Legislative Tracking Matrix Updated: 6/5/2018 AB 1800 Levine D Fire Fire insurance: indemnity. 5/10/2018- Referred to Com. on INS. 5/10/2018- S. INS. Current law defines the measure of indemnity for a loss under an open fire insurance policy and specifies time limits under which an insured must collect the full replacement cost of the loss. Current law prohibits, in the event of a total loss of the insured structure, a fire insurance policy issued or delivered in the state from limiting or denying payment of the replacement cost of property if the insured decides to rebuild or replace the property at a location other than the insured premises. Current law requires the measure of indemnity to be based upon the replacement cost of the insured property and prohibits it from being based upon the cost to repair, rebuild, or replace at a location other than the insured premises. This bill would instead prohibit, in the event of a ff Support 2 AB 1954 Patterson R Fire Timber harvest plans: exemption: reducing flammable materials. 5/24/2018- Referred to Com. on N.R. & W. 5/24/2018- S. N.R. & W. The Z’berg-Nejedly Forest Practices Act of 1973 authorizes the State Board of Forestry and Fire Protection to exempt from some or all of those provisions of the act a person engaging in specified forest management activities, including a person engaged in forest management whose activities are limited to the cutting or removal of trees on the person’s property in compliance with existing laws relating to defensible space, as provided, and requires the board to adopt regulations to implement this exemption no Support 2 AB 2091 Grayson D Fire Fire prevention: prescribed burns. 6/4/2018-In Senate. Read first time. To Com. on RLS. for assignment. 6/4/2018- S. RLS. Would rename the State Board of Forestry and Fire Protection the State Board of Forestry and Fire Prevention and Protection. The bill would additionally require members to have general knowledge of, interest in, and experience with fire prevention. The bill would require at least one member to be selected with a background and understanding of fire prevention, including prescribed fire. The bill would require the board to appoint a prescribed fire advisory committee, as provided, and would require the advisory committee to consult with the board on prescribed Support 2 AB 2551 Wood D Fire Forest and Wildland Health Improvement and Fire Prevention Program: joint prescribed 5/31/2018-In Senate. Read first time. To Com. on RLS. for assignment. 5/31/2018- S. RLS. Would require the Department of Forestry and Fire Prevention to establish, implement, and administer the Forest and Wildland Health Improvement and Fire Prevention Program, as prescribed. The bill would require the department to take specified actions to implement and administer programs that are intended to promote forest and wildland health, restoration, and resilience, and Support 2 Attachment 2 MROSD Legislative Tracking Matrix Updated: 6/5/2018 AB 2585 Patterson R Fire Prescribed burns: burn managers: liability. 4/27/2018-Failed Deadline pursuant to Rule 61(b)(5). (Last location was NAT. RES. on 3/22/2018) 4/27/2018- A. DEAD Would provide that a property owner and his or her agent conducting a prescribed burn, as defined, shall not be liable for damage or injury caused by fire or smoke, unless negligence is proven, when the prescribed burn meets specified conditions, including that the prescribed burn in conducted under the supervision of a certified prescribed burn manager, as defined, and proper burn permits have been obtained from all appropriate state and local agencies. Support If Amended 2 AB 2645 Patterson R Fire Greenhouse Gas Reduction Fund: forestry and fire prevention. 4/23/2018-In committee: Set, first hearing. Hearing canceled at the request of author. 3/8/2018- A. NAT. RES. Would, beginning in the 2019–20 fiscal year, continuously appropriate $74,805,000 from the Greenhouse Gas Reduction Fund annually to the Department of Forestry and Fire Protection for purposes of fire prevention activities that reduce greenhouse gas emissions. Support 2 SB 1002 Nielsen R Fire Safe Forests and Grasslands Act of 2018. 2/14/2018- Referred to Com. on RLS. 2/5/2018- S. RLS. Current law requires the Department of Forestry and Fire Protection to implement and administer various programs designed to improve forests and grasslands and prevent and suppress fires in state responsibility areas, as defined.This bill would declare the intent of the Legislature to enact subsequent legislation to create the Safe Forests and Grasslands Act of 2018 to improve the health of the state’s forests and grasslands, reduce wildlife fuel, provide for bioenergy production, and reduce uncontrolled fires in state responsibility areas. Watch 2 Attachment 2 MROSD Legislative Tracking Matrix Updated: 6/5/2018 SB 1044 Berryhill R Fire State Responsibility Area Fire Prevention Fees. 4/27/2018-Failed Deadline pursuant to Rule 61(b)(5). (Last location was GOV. & F. on 2/22/2018) 4/27/2018- S. DEAD Current law until July 1, 2017, required that a fire prevention fee be charged on each habitable structure on a parcel that is within a state responsibility area, to be used for specified fire prevention activities, and prescribed procedures for the collection and processing of the fees by the California Department of Tax and Fee Administration. Existing law repeals those provisions requiring the payment of the fee on January 1, 2031. This bill would instead repeal those provisions on January 1, 2019. Oppose 2 SB 1079 Monning D Fire Forest resources: fire prevention grants: advance payments. 5/17/2018- Referred to Com. on NAT. RES. 5/17/2018- A. NAT. RES. Current law authorizes the Director of Forestry and Fire Protection to provide grants to entities, including, but not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies, for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions. The Budget Act of 2017 appropriated moneys to the Department of Forestry and Fire Protection for purposes of providing local assistance grants, grants to fire safe councils, and grants to qualified nonprofit organizations with a demonstrated ability to Support 2 SB 1260 Jackson D Fire Fire prevention and protection: prescribed burns. 5/31/2018-In Assembly. Read first time. Held at Desk. 5/30/2018- A. DESK Current law requires a local agency to designate, by ordinance, very high fire hazard severity zones in its jurisdiction, as provided in connection with a state program for fire prevention.This bill would require the local agency to transmit a copy of the adopted ordinance to the State Board of Forestry and Fire Protection within 30 days of adoption. By imposing a new duty on a local agency, the bill would impose a state-mandated local program. Watch 2 AB 1918 Garcia, Eduardo D Public Access Office of Sustainable Outdoor Recreation. 5/31/2018-In Senate. Read first time. To Com. on RLS. for assignment. 5/31/2018- S. RLS. Current law establishes in the Natural Resources Agency the Blue Ribbon Committee for the Rehabilitation of Clear Lake, for the purposes of discussion, reviewing research, planning, and providing oversight regarding the health of Clear Lake. This bill would establish in the agency the Office of Sustainable Outdoor Recreation. The bill would require the office to undertake certain activities such as promoting economic development and job growth in the outdoor recreation economy of the state. The bill would Support 2 Attachment 2 MROSD Legislative Tracking Matrix Updated: 6/5/2018 AB 2615 Carrillo D Safety State highway system: parks and recreation: accessibility for bicycles and pedestrians. 5/31/2018-In Senate. Read first time. To Com. on RLS. for assignment. 5/31/2018- S. RLS. Would, to the extent possible, and where feasible, require the Department of Transportation to partner with appropriate public agencies, including, but not limited to, the Department of Parks and Recreation, any federal department or agency, and any regional or local public entity, to develop strategies and plans to maximize safe and convenient access for bicycles and pedestrians to federal, state, regional, and local parks adjacent to or connected to the state highway system. Support/Co alition 2 SB 835 Glazer D Safety Parks: smoking ban. 6/4/2018- Referred to Com. on W.,P., & W. 6/4/2018- A. W.,P. & W. Current law makes it an infraction punishable by a fine of $250 for a person to smoke a cigarette, cigar, or other tobacco-related product within 25 feet of a playground or tot lot sandbox area. This bill would make it an infraction punishable by a fine of up to $25 for a person to smoke, as defined, in a unit of the state park system or to dispose of used cigar or cigarette waste in a unit of the state park system. The bill would establish a state-mandated local program by creating a new crime. Support 2 AB 2329 Obernolte R Special District Special districts: board of directors: compensation. 5/30/2018- Referred to Com. on GOV. & F. 5/30/2018- S. GOV. & F. Current law authorizes the board of trustees of a public cemetery district to approve an ordinance or resolution to compensate its members no more than $100 to attend a board meeting, for no more than 4 meetings per month, and authorizes a public cemetery district board of trustees to increase that compensation by no more than 5% annually.This bill would authorize a public cemetery district board of trustees to compensate its members for no more Support 2 Attachment 2 MROSD Legislative Tracking Matrix Updated: 6/5/2018 SB 929 McGuire D Special District Special districts: Internet Web sites. 4/30/2018- Referred to Com. on L. GOV. 4/30/2018-A. L. GOV. The California Public Records Act requires a local agency to make public records available for inspection and allows a local agency to comply by posting the record on its Internet Web site and directing a member of the public to the Web site, as specified. This bill would, beginning on January 1, 2020, require every independent special district to maintain an Internet Web site that clearly lists contact information for the special district, except as provided. Because this bill would require local agencies to provide a new service, the bill would impose a state-mandated local program. Support 2 AB 2470 Grayson D Stewardship Invasive species. 5/31/2018-In Senate. Read first time. To Com. on RLS. for assignment. 5/31/2018- S. RLS. Would establish the Invasive Species Council of California, composed as prescribed, to help coordinate a comprehensive effort to prevent the introduction of invasive species in the state and to provide for the control or eradication of invasive species already established in the state. The bill would establish a California Invasive Species Advisory Committee to advise the council on a broad array of issues related to preventing the introduction of invasive species and providing for their control or eradication, as well as minimizing the economic, ecological, and human health impacts that invasive species cause. Support 2 AB 2805 Bigelow R Stewardship Wild pigs: validations. 5/31/2018-In Senate. Read first time. To Com. on RLS. for assignment. 5/31/2018- S. RLS. Current law requires a person to procure, as specified, either a hunting license and a wild pig tag or a depredation permit in order to take a wild pig. However, current law provides that any wild pig that is encountered while in the act of inflicting injury to, or damaging or destroying, or threatening to immediately damage or destroy, land or other property may be taken immediately by the owner or the owner’s employee or agent, as specified. Under current law, a violation of the Fish and Game Code is a crime. This bill would revise and recast the provisions applicable to Support 2 Attachment 2 MROSD Legislative Tracking Matrix Updated: 6/5/2018 SB 1414 Beall D Stewardship Timber harvesting plans: San Jose Water Company. 5/25/2018-Failed Deadline pursuant to Rule 61(b)(8). (Last location was S. APPR. SUSPENSE FILE on 5/22/2018) 5/25/2018- S. DEAD Would require the Department of Forestry and Fire Protection to ensure that, before the approval of a timber harvesting plan or an associated permit on lands owned by the San Jose Water Company, the San Jose Water Company conducts 2 public hearings on the timber harvesting plan or associated permit, the Midpeninsula Regional Open Space District is a member of the interagency review team for any timber harvesting document proposed by the San Jose Water Company, and the County of Santa Clara and the appropriate regional water quality control boards each conduct a public hearing on the timber harvesting plan or associated permit. Watch 2 SB 881 Wieckowski D Stewardship Flood control: County of Santa Clara: South San Francisco Bay Shoreline Project. 5/31/2018-Read third time. Passed. (Ayes 39. Noes 0.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk. 5/31/2018- A. DESK Would authorize the state to provide subvention funds to the Santa Clara Valley Water District for the South San Francisco Bay Shoreline Project for flood control in areas along the south San Francisco Bay in the County of Santa Clara, as described, at an estimated cost to the state of the sum that may be appropriated for state cooperation by the Legislature upon the recommendation and advice of the Department of Water Resources and upon a determination by the department that the project meets specified financial aid requirements. The bill would provide that the state assumes no liability for damages that may result from the project by authorizing the provision of subvention funds, or Support 2 SB 919 Dodd D Stewardship Water resources: stream gages. 5/29/2018-Read third time. Passed. (Ayes 29. Noes 8.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk. 5/29/2018- A. DESK Would require the Department of Water Resources, upon appropriation by the Legislature, to develop a plan to deploy a network of stream gages that includes a determination of funding needs and opportunities for reactivating existing gages. The bill would require the department, in consultation with the board, the Department of Fish and Wildlife, the Central Valley Flood Protection Board, interested stakeholders, and, to the extent they wish to consult, local agencies, to develop the plan to address significant gaps in information necessary for water management. Support 2 Attachment 2 Midpeninsula Regional Open Space District Board Policy Manual Positions on Ballot Measures and Legislative Advocacy Policy 1.11 Chapter 1 – Administration and Government Effective Date: 4/13/16 Revised Date: N/A Prior Versions: N/A Board Policy 1.11 Page 1 of 3 Purpose To establish a policy governing positions on local and state ballot measures/propositions and state and federal legislative advocacy. It is intended to cover all matters before the Legislature and the voters. Definitions For the purposes of the Positions on Ballot Measures and Legislative Advocacy policy, the following terms and definitions shall be used: Measure – may be included on a municipal, county, or district ballot and includes ordinances, initiatives, referenda, advisory measures, issuance or refunding of bonds, city or county charter amendments, or any other measure or proposition a legislative body may submit to the voters within the body’s jurisdiction. Ballot Proposition – can be a referendum or an initiative measure that is submitted to the electorate for a direct decision or direct vote. Propositions may be placed on the ballot by the California State Legislature or by a qualifying petition signed by registered voters. Initiative – power of the electors to propose legislation, and to adopt or reject them. Any proposed ordinance may be submitted to the legislative body by means of a petition. Referendum – applies to the process for repealing newly enacted legislation. Within specified time limits, the electors may file a petition protesting the adoption of that legislation. Local Legislation – typically ordinances, which are the laws of a city, charter, or district, often having the force of law, but only within the local jurisdiction. State or Federal Legislation – bills or proposed legislation under consideration by the legislature at the state or federal level. Attachment 3 Board Policy 1.11 Page 2 of 3 Policy 1.Positions on Matters Before the Voters a.From time to time the Board of Directors may be asked or may desire to take a position on local or state measures. The Board may consider taking a position on the measure/proposition if the measure/proposition: i.Would directly impact the District’s finances, responsibilities, legal authority, or operations; AND ii.Is in line with or inconsistent with the District’s mission and/or commitment to preserve open space within its boundaries and sphere of influence. The Board, by majority vote, may direct the General Manager to research the measure/proposition and return to the Board at a future meeting with information and a General Manager recommendation. At that time, the Board may vote to take a position on a measure/proposition. b.Measures/propositions determined to not impact District business may nonetheless be analyzed by the General Manager when directed by a majority vote of the Board, of which the analysis report would include possible alternatives for Board action, but no position recommendation. 2.Local, State, and Federal Legislative Advocacy a.The Legislative, Funding, and Public Affairs Committee (LFPAC) receives periodic updates regarding the District’s legislative program. When LFPAC determines that proposed legislation may affect District business, it may direct the General Manager to prepare a recommendation for consideration by the full Board or where there is not adequate time to convene the full Board, may direct the General Manager to take action to support or oppose the legislation without full Board approval. In such cases, the General Manager or designee shall report to the Board any actions taken to support or oppose legislation at or before the next Board meeting. b.When time is so short that neither the full Board nor LFPAC can be convened to consider positions to support or oppose local, state or federal legislation, the General Manager is authorized to take a position on behalf of the District if the legislation: i.Is related to the District’s mission; AND ii.Would directly impact the District’s business, such as project delivery, operations, finances, legal authority, or other District responsibilities; AND iii.The position being taken is consistent/inconsistent with existing District policy, past action, or District Strategic Plan; OR iv.The legislation carries other considerations that make it contrary to the District’s interests. In such instances, the General Manager or designee shall report to the Board any actions taken to support or oppose the legislation at or before the next Board meeting. c.Full Board action is required regarding legislation that is not clearly within the criteria listed above under Section 2.b. or guided by direction previously given by LFPAC. Attachment 3 Board Policy 1.11 Page 3 of 3 3.Full Board action is required to support or oppose any type of grassroots advocacy action, such as social, political, or economic movements, that are not legislation. 4.Board members representing the District in their official capacity on regional or other bodies may, at his or her discretion, take actions based on the principles above consistent with previously approved Board positions and policies. 5.This policy is not intended to limit the prerogative of individual Board members from expressing their individual support for or opposition to any local ballot measure, State proposition, State or Federal legislation, or grassroots advocacy actions. However, in doing so, the member should clearly state they are speaking for themselves, and not in an official capacity on behalf of the Board or the District. Individual Board Members who take a position in support or opposition to ballot measure or legislation for which the Board has not previously taken a position are encouraged as a professional courtesy to include the language for identification purposes only parenthetically following their signature referencing their position on the Board. Attachment 3 May 23, 2018 Board Meeting 18-21 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 May 23, 2018 DRAFT MINUTES SPECIAL MEETING – CLOSED SESSION President Cyr called the special meeting of the Midpeninsula Regional Open Space District to order at 5:30 p.m. ROLL CALL Members Present: Jed Cyr, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Pete Siemens, and Curt Riffle Members Absent: Nonette Hanko Staff Present: Acting General Manager Ana Ruiz, Acting General Counsel Hilary Stevenson, Acting Assistant General Manager Brian Malone, Real Property Manager Mike Williams Public comments opened at 5:30 p.m. No speakers present. Public comments closed at 5:30 p.m. 1. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATION OF LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2): (1 case) Real Property Mike Williams left after item 1, and Chief Financial Officer/Director of Administrative Services Stefan Jaskulak and Human Resources Manager Candice Basnight joined the closed session. 2. CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Meeting 18-21 Page 2 Agency designated representatives: Ana Ruiz, Acting General Manager, Brian Malone, Acting Assistant General Manager, Jack Hughes, Liebert Cassidy Whitmore Employee organization: Field Employees Association 3. PUBLIC EMPLOYEE APPOINTMENT (GOVERNMENT CODE SECTION 54957) Title: General Manager Recruitment ADJOURNMENT President Cyr continued the special meeting of the Board of Directors of the Midpeninsula Regional Open Space District to the close of the regular meeting at 7:04 p.m. REGULAR MEETING President Cyr called the regular meeting of the Midpeninsula Regional Open Space District to order at 7:07 p.m. President Cyr reported the Board met in closed session, and no reportable action was taken. ROLL CALL Members Present: Jed Cyr, Cecily Harris, Larry Hassett, Yoriko Kishimoto, and Pete Siemens Members Absent: Nonette Hanko and Curt Riffle Staff Present: Acting General Manager Ana Ruiz, Acting General Counsel Hilary Stevenson, Chief Financial Officer/Director of Administrative Services Stefan Jaskulak, Acting Assistant General Manager Brian Malone, Acting Assistant General Manager Christine Butterfield, District Clerk/Assistant to the General Manager Jennifer Woodworth, Natural Resources Manager Kirk Lenington, Senior Planner Tina Hugg, Acting Land & Facilities Manager Elaina Cuzick, Engineering & Construction Manager Jay Lin, Human Resources Manager Candice Basnight, Real Property Manager Mike Williams, Planner III Leslie Chan, Budget Analyst II Marion Shaw, and Budget Analyst I Elissa Martinez ORAL COMMUNICATIONS Matthew Self spoke regarding the lack of bicycle access to Skyline stating no off-road bicycle access exists to bring people from the valley to the ridgeline to access parks and open spaces between Sweeny Ridge to the north and Windy Hill to the south. Mr. Self encouraged the District to help identify a lead organization who can coordinate with the various park and open space agencies and local cities to address this gap. Director Riffle arrived at 7:08 p.m. Meeting 18-21 Page 3 ADOPTION OF AGENDA Motion: Director Kishimoto moved, and Director Harris seconded the motion to adopt the agenda. VOTE: 6-0-0 (Director Kanko absent) SPECIAL ORDERS OF THE DAY • Introduction of staff o Brett Snider, Open Space Technician CONSENT CALENDAR Director Siemens pulled item 3 from the Consent Calendar. Public comment opened at 7:16 p.m. No speakers present. Public comment closed at 7:16 p.m. Motion: Director Siemens moved, and Director Riffle seconded the motion to approve the Consent Calendar. VOTE: 6-0-0 (Director Hanko absent) 1. Approve May 9, 2018 Minutes 2. Claims Report 3. Contract Amendment with Moore, Iacofano, Goltzman (MIG), Inc., for Supplemental Environmental Review Services for the Red Barn Public Access Site Plan (R- 18-53) Acting General Manager’s Recommendation: Authorize the Acting General Manager to execute a contract amendment for $220,000 with MIG for Supplemental Environmental Review Services for the Red Barn Public Access Site Plan at La Honda Creek Open Space Preserve, for a total not-to-exceed contract amount of $680,000. Director Siemens inquired if the proposed contract amendment includes funding to evaluate and design both phases under Alternative 3 of the proposed parking lot. Planner III Leslie Chan confirmed the contract scope of work includes environmental review and construction design documents for both phases, which includes an expanded parking lot layout. Director Kishimoto requested staff address the option of providing access to the Red Barn area using trails connected to the nearby 4150 Sears Ranch Road parking lot. Meeting 18-21 Page 4 Acting General Manager Ruiz noted that the item would be coming to the full Board for a decision on the preferred project description to proceed with CEQA review on June 12. The Board may choose at that time to direct staff to explore other options, including trail-only access to the Red Barn area. Motion: Director Siemens moved, and Director Riffle seconded the motion to approve the Acting General Manager’s recommendation. VOTE: 6-0-0 (Director Hanko absent) 4. Board Response to Written Communications from Mike Liebhold Acting General Manager’s Recommendation: Approve the proposed response to Mike Liebhold. BOARD BUSINESS 5. Proposed Fiscal Year 2018-19 Budget and Action Plan Initial Review and Public Hearing (R-18-50) Acting General Manager Ana Ruiz provided opening remarks related to the upcoming fiscal year capital improvement and action plan, including proposed budget funds to purchase a new administrative office building at 5050 El Camino Real, additional capital improvements at Bear Creek Redwoods and La Honda Creek Open Space Preserves (OSP), and four net new full time equivalent (FTE) positions to continue progress on project delivery, address the increase in preserve visitation, and support growing needs for internal business systems. Additionally, the District will explore the formation of a Citizens Advisory Committee to engage a broad array of open space perspectives in ongoing work. Chief Financial Officer/Director of Administrative Services Stefan Jaskulak summarized the budget and capital improvement and action plan priorities and provided an overview of the FY2018-19 budget by funding source, including Measure AA, grants, and general fund. Mr. Jaskulak outlined the revenues and expenses forecast for the upcoming budget year as compared to previous budget years. Director Hanko arrived at 7:43 p.m. Mr. Jaskulak described the five new proposed positions and removal of one FTE for a net of four new FTE. Director Siemens suggested staff may want to explore creation of a floating ranger position that could fill vacant positions as they arise and be assigned to either field office depending on needs. Mr. Jaskulak provided an overview of the debt services and District department budgets and highlighted projects for each department. The Board reviewed each of the four program budgets by fund and requested clarification regarding specific projects. Director Harris requested additional information related to the proposed $5 million in grant funding for Bear Creek Stables, expressing concern related to the use of staff time to secure outside funding. Meeting 18-21 Page 5 Ms. Ruiz reported the Board would be discussing funding of Bear Creek Stables improvements at an upcoming Board meeting at the end of the summer. The $5 million refers to funding that may come from community fundraising in addition to grant funding opportunities. Director Harris requested clarification regarding the Cooley Landing Business Plan. Ms. Ruiz reported the business plan would support the public programming at the Cooley Landing Education Center, and the operating plan would assist the City of East Palo Alto in the long-term maintenance and operation of the larger public park. Directors Cyr and Riffle thanked staff for their thorough efforts to create the information included in the budget book. Director Riffle encouraged the Board members to carefully read the entire budget book. Director Kishimoto spoke regarding the process used by staff and the Board to set and understand the priorities for the upcoming fiscal year. Director Kishimoto commented on the core function projects included in the departmental pages. Public hearing opened at 8:33 p.m. No speakers present. Public hearing closed at 8:33 p.m. No Board action required. INFORMATIONAL MEMORANDUM • Grants Program Strategy INFORMATIONAL REPORTS A. Committee Reports No Committee reports. B. Staff Reports Ms. Ruiz reported she will attending the 2018 Silicon Valley Energy and Sustainability Summit to network with local government staff and business professionals and discuss regional sustainability issues. Ms. Ruiz also reported the inaugural class of the District’s internal leadership academy graduated last week with a cohort of 16 staff members who engaged in a variety of topics, including the budget process, presentation skills, project management, supervisory and leadership skills, ethics, and cultural diversity. Also, three new rangers were badged at a District ceremony in the last week. Meeting 18-21 Page 6 Real Property Manager Mike Williams reported the Twin Creeks property closed escrow and the purchase was partially offset by a $750,000 from the Moore Foundation. Santa Clara County issued a demolition permit for the property, and three structures have been demolished. C. Director Reports The Board members submitted their compensatory reports. Director Hassett suggested sending a letter of thanks to Bobbi Peckham to thank her for her work on the recent general manager recruitment. By consensus, the Board directed staff to draft a letter for Board President’s signature to thank Ms. Peckham. Director Kishimoto reported her attendance at a recent meeting to organize and select representation for the new Santa Clara County Oversight Board for the former redevelopment agencies. Director Riffle reported he will be attending an event for the Bay Smart Communities, which is an effort to re-imagine upland planning and development policies to benefit the Bay and Bay Area. The organization seeks ecologically sound and equitable policies to ensure that the Bay Area’s growth prioritizes the Bay and builds broad and deep support for it among the region’s many diverse communities, with special care to engage those who have suffered environmental injustice. President Cyr reported his attendance at the recent ranger badging ceremony and the District’s leadership academy graduation. ADJOURNMENT President Cyr adjourned the regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District into closed session at 8:51 p.m. President Cyr adjourned the regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 9:55 p.m. ________________________________ Jennifer Woodworth, MMC District Clerk page 1 of 4 CLAIMS REPORT MEETING 18-24 DATE 06-13-18 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Payment Type Notes Vendor No. and Name Invoice Description Check Date Payment Amount 78078 Check 10413 - DOWNTOWN FORD Purchase 2018 Ford F550 EMO Truck - M228 05/30/2018 92,624.00 78021 Check 11755 - ELK GROVE FORD Purchase 2018 Ford F150 - P118 ($44,285.44) + Purchase 2018 Ford F150 - M225 ($36,105.10)05/23/2018 80,390.54 78020 Check 10546 - ECOLOGICAL CONCERNS INC IPM Implementation - Roads and Trails - BCR 12/1/17 - 2/28/18 + Acacia Removal (BCR) + Riparian Invasive Removal - Ivy: Manual Removal (600 Hours) BCR 05/23/2018 40,820.00 78061 Check 11636 - SOFTCHOICE CORPORATION Microsoft Office 365 email and Windows 10 Software Licenses 05/23/2018 34,071.98 78068 Check *11152 - WELLINGTON PARK INVESTORS A02/A03/A04 - June Rent 05/23/2018 30,366.00 78001 Check 11951 - 23760 ALAMITOS ROAD, LLC Demo & Permit Reimbursement for (3) Structures - Twin Creeks 05/23/2018 26,390.15 64 EFT 11949 - COMCAST BUSINESS Optical Fiber Line Installation Initial Payment 05/21/2018 25,000.00 78117 Check 11542 - DEERE & COMPANY 2017 Gator Utility Vehicle 06/06/2018 22,500.00 78037 Check 11906 - LAW OFFICES OF GARY M. BAUM Legal Services- Asst. General Counsel April 2018 05/23/2018 20,975.12 78028 Check 10005 - GRASSROOTS ECOLOGY Hawthorns and Russian Ridge Stewardship Work 05/23/2018 20,561.88 78079 Check 10546 - ECOLOGICAL CONCERNS INC Invasive Species Management - La Honda Creek 05/30/2018 20,256.00 78049 Check 11523 - PGA DESIGN, INC.Alma College Cultural Landscape Rehabililitation Services - Apri 05/23/2018 19,294.25 78144 Check 11895 - TIMMONS GROUP, INC.Professional Services thru April 29th 06/06/2018 18,960.00 78097 Check 11854 - RECON ENVIRONMENTAL, INC.Plant Maintenance & Revegetation Sites - Mt. Umunhum, Bald Mountain Parking Lot, Sears Ranch & Mindego Gateway 05/30/2018 17,521.34 78038 Check 11778 - LCI - LETTIS CONSULTANTS INTERNATIONAL, INC.Phase 1 Parking Lot & Restroom Facility Study 10/28/17 -3/30/18 05/23/2018 15,845.36 78151 Check 11954 - GORDON S. & ANNE W. DUNHAM Dunham Purchase Easement 06/06/2018 15,000.00 78005 Check 11772 - AHERN RENTALS, INC.Equipment Rental - Dozer w/Rip 2/8/18 - 5/3/18 (BCR)05/23/2018 13,188.47 78044 Check 11679 - MKTHINK Administrative Office RFP Document Development 05/23/2018 11,608.00 78138 Check 11432 - SAN MATEO COUNTY RESOURCE CONSERVATION DISTRICT Control of Slender False Brome 1/1/18 - 3/31/18 06/06/2018 11,550.20 78009 Check 11186 - CALIFORNIA DEPT FISH AND WILDLIFE-NAPA OFFICE Routine Maintenance Fees - 32 Sites @ 289.25 05/23/2018 9,256.00 78094 Check *10180 - PG & E Electricity & Gas - 21 Locations 05/30/2018 9,100.44 78032 Check 10222 - HERC RENTALS, INC.Equipment Rental - Compact Track Loader (RSA)+ Excavator/Bobcat (BCR) 4/3/18 - 5/2/18 05/23/2018 8,512.90 78064 Check 11933 - STOTT PLANNING ASSOCIATES Grants Program Strategy 05/23/2018 8,311.90 78040 Check 10058 - LIEBERT CASSIDY WHITMORE Legal Services - February & March 2018 05/23/2018 8,053.80 78129 Check 10058 - LIEBERT CASSIDY WHITMORE Professional Services - Recruitment thru 4/30/18 / FLSA Compliance Review thru 4/30/18/ Negotiations 2018/LCW Conference Registration 2018 06/06/2018 6,873.00 78125 Check 11177 - HARRIS CONSTRUCTION Rental Repairs - Replace Window & Adjust Doors (Incerpi) + Replace Front Door & Paint (Hoskins Barn #B) + Paint & Lock Replacement (Big Dipper Ranch) + Remove & Replace Hot Water Heater (Hoskins Barn) + Demolish Old Hot Water Heater Shed & Rebuild (Hoskins Barn)06/06/2018 6,767.76 78128 Check 11778 - LCI - LETTIS CONSULTANTS INTERNATIONAL, INC.LCI Alma College Fault Rupture Hazard Study thru 5/10/18 06/06/2018 6,540.95 78004 Check 11470 - AECOM TECHNICAL SERVICES, INC.Rangeland Management 2/23/18-3/23/18 05/23/2018 6,157.32 78018 Check 10034 - DIANE WEST-BOURKE OAD Docent Training Instructor Services 4/05-5/17/18 05/23/2018 6,000.00 78099 Check 11636 - SOFTCHOICE CORPORATION Microsoft SQL Software Agreement - 3 yr 05/30/2018 5,604.86 78109 Check 11863 - ALBION ENVIRONMENTAL INC Archaelogical Services - Monitoring & Mitigation Planning (BCR)06/06/2018 5,152.85 78108 Check 11772 - AHERN RENTALS, INC.ECdM OljonTrail Dozer Rental - 3/30/18 - 5/25/18 06/06/2018 5,119.41 78035 Check 10313 - JOHN SHELTON INC Culverts (BCR)05/23/2018 5,082.52 78092 Check 11617 - MIG, INC.Red Barn Design Services 3/1/18 - 3/31/18 05/30/2018 4,810.48 78031 Check 11593 - H.T. HARVEY & ASSOCIATES Ravenswood Bay Trail Environmental Consulting thru 3/31/18 05/23/2018 4,288.75 78071 Check 11772 - AHERN RENTALS, INC.Equipment Rental - Excavator & Kubota Mini Excavator for ECdM OljonTrail 3/30/18 - 5/25/18 05/30/2018 4,181.45 78087 Check 11762 - LEHR AUTO ELECTRIC Laptop Mounts, Consoles & Cupholders for District Vehicles - P115, P116, P117, P118, P119 05/30/2018 4,119.84 78013 Check 11876 - CASCADIA CONSULTING GROUP, INC.GHG Inventory and Climate Action Plan 2/26/18 - 3/25/18 05/23/2018 4,047.50 78113 Check 11431 - CALIFORNIAN ENVIRONMENTAL SERVICES CRLF Surveys & Habitat Assessment at Madonna Creek Ranch 06/06/2018 4,020.87 78147 Check 11512 - VIPRE SECURITY Security Software Subscription Annual Fees 5/28/18 - 5/27/19 06/06/2018 3,900.75 78140 Check 11920 - SEQUOIA ECOLOGICAL CONSULTING INC.Biological Services for Bear Creek Redwoods Public Access (BCR) + Oljon Trail Construction in El Corte de Madera 06/06/2018 3,839.18 78100 Check 10302 - STEVENS CREEK QUARRY INC Rock (FOOSP & BCR)05/30/2018 3,723.19 78083 Check 11151 - FASTENAL COMPANY Locker & Power Tool Combo Kit (SAO) + Driver Kit (SFO) + Tool Boxes for Oljon Trail Bridge Project 05/30/2018 3,231.34 78060 Check 10447 - SIMMS PLUMBING & WATER EQUIPMENT Replace Redwood Water Tank at Toto 05/23/2018 3,200.00 78132 Check 10190 - METROMOBILE COMMUNICATIONS Base Radio System for Coastside Area Office + Radio Antennas (6)06/06/2018 2,992.41 78119 Check 11748 - ENVIRONMENTAL AND ENERGY CONSULTING Consulting and Lobbying: May 2018 06/06/2018 2,916.67 78052 Check *10211 - PUBLIC POLICY ADVOCATES Legislative Advocacy Services for MAY 2018 05/23/2018 2,916.66 78046 Check 10073 - NORMAL DATA Database Work - Contacts Database 05/23/2018 2,840.00 78050 Check 11743 - PRO-WEST & ASSOCIATES Enterprise GIS Planning and Implementation 05/23/2018 2,770.72 78103 Check 10583 - TPX COMMUNICATIONS Monthly Telephone and SAO Internet 05/30/2018 2,706.51 78065 Check 11225 - U.C. ANR California Naturalist Program CalNat Certifiation (Reimbursed by students)05/23/2018 2,650.00 91 EFT 11295 - TAYLOR, ANDREW Tyler Connect 2018 Conference Travel & Expenses Reimburse + 2016-17 CSMFO CAFR Award Submission 06/06/2018 2,601.75 78045 Check 11924 - NOMAD ECOLOGY, LLC Stevens Creek Nature Trail Bridge Construction Project 05/23/2018 2,547.24 Finance has started to roll out electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase payment security, and ensure quicker receipt by vendors page 2 of 4 CLAIMS REPORT MEETING 18-24 DATE 06-13-18 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Payment Type Notes Vendor No. and Name Invoice Description Check Date Payment Amount Finance has started to roll out electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase payment security, and ensure quicker receipt by vendors 78019 Check 10654 - DUTRA MATERIALS Rip Rap Rock (BCR)05/23/2018 2,480.07 78016 Check 10032 - DEL REY BUILDING MAINTENANCE Janitorial Services - AO 05/23/2018 2,329.10 78122 Check 10187 - GARDENLAND POWER EQUIPMENT Brush Cutters & Pole Saw Repair 06/06/2018 2,304.88 78084 Check 11153 - FLOORING DISTRIBUTORS CA Remove Tile and Disposal - La Honda 05/30/2018 2,200.00 72 EFT 11900 - LUND, HAVEN Reimbursement for Ranger Academy Meals & Mileage Expenses 05/23/2018 2,068.71 78063 Check 10302 - STEVENS CREEK QUARRY INC Rock (BCR)05/23/2018 2,020.38 78053 Check 11184 - PURCHASE POWER - PITNEY BOWES POSTAGE AO Metered Postage 05/23/2018 2,015.00 78027 Check 10187 - GARDENLAND POWER EQUIPMENT Line Trimmers and Bar Oil for Chain Saws 05/23/2018 1,959.79 78042 Check 10190 - METROMOBILE COMMUNICATIONS Amber Lights for District Vehicles 05/23/2018 1,957.50 78120 Check 11545 - ERIN ASHFORD PHOTOGRAPHY LLC New Employee Welcome Event-Training Videos 50% Deposit 06/06/2018 1,912.50 78076 Check 10352 - CMK AUTOMOTIVE INC Maintenance & Service - P110, A99, P88 05/30/2018 1,865.97 78095 Check *10212 - PINNACLE TOWERS LLC Tower Rental - Crown Site ID 871823 05/30/2018 1,852.43 78104 Check 10309 - VERIZON WIRELESS Mobile Internet Devices Monthly Service 05/30/2018 1,806.74 78091 Check 10190 - METROMOBILE COMMUNICATIONS Radio & Installation Fee - M224 05/30/2018 1,805.60 78036 Check 10774 - LANGLEY HILL QUARRY 132 Tons of Rock - SFO 05/23/2018 1,795.08 78135 Check 10665 - PAVEMENT ENGINEERING INC Mt. Umunhum Road Design 3/1/18 - 4/30/18 06/06/2018 1,793.75 78107 Check 10001 - AARON'S SEPTIC TANK SERVICE Septic Tank Service (SA-MT UM)06/06/2018 1,700.00 78062 Check 10952 - SONIC.NET, INC.June Internet Service - AO 05/23/2018 1,676.57 78111 Check 10969 - BANK OF NEW YORK MELLON TRUST CO NA Administration Fee 5/19/18-5/18/19 06/06/2018 1,650.00 78118 Check 11821 - DUNKINWORKS Leadership Academy Session 4/11/18 06/06/2018 1,609.93 78116 Check 10024 - CONSERVATION BY DESIGN Docent & Volunteer Program Structure Study 06/06/2018 1,500.00 78110 Check 11148 - BALANCE HYDROLOGICS, INC.Upper Lake & Lower Lake Improvements & Monitoring - BCR 06/06/2018 1,485.00 78012 Check 10723 - CALLANDER ASSOCIATES Ravenswood Bay Trail Connection Design & Construction Mgmt 05/23/2018 1,457.85 78066 Check *10403 - UNITED SITE SERVICES INC Sanitation Services - (FOOSP), (SA) + Temporary Power to Mt. Um Trailer 05/23/2018 1,356.77 78082 Check 11935 - ESSENTIAL OPERATIONS Septic System Monitoring (RSACP)05/30/2018 1,329.00 78126 Check 10222 - HERC RENTALS, INC.Equipment Rentals - Compact Track Loader (RSACP) 5/2/18 - 5/8/18, Skidsteer Forks (RSACP) 5-14-18 - 5-16/18 06/06/2018 1,322.67 78098 Check 10295 - RHUS RIDGE ASSOCIATION Rhus Ridge Association Dues (RSA)05/30/2018 1,250.00 78106 Check 0000A - ANNE MURPHY Travel Reimbursement for G.M. applicant 05/30/2018 1,229.37 70 EFT 11808 - JORDAN, RYAN Reimbursement for Ranger Academy Food Expenses 05/23/2018 1,012.50 74 EFT 11901 - SMITH, ANDREW Reimbursement for Ranger Academy Food Expenses 05/23/2018 1,012.50 78022 Check 11748 - ENVIRONMENTAL AND ENERGY CONSULTING Consulting & Lobbying for Wildlife Corridor Work Grp 4/1-4/30/18 05/23/2018 1,000.00 78002 Check 10812 - A TOOLSHED EQUIPMENT RENTAL, I Equipment Rental - Scaffolding for Bat Sheds (BCR)05/23/2018 995.56 78003 Check 11722 - ADLER TANK RENTALS LLC Water Tank Rental for Mt. Um Summit 4/1/18 - 4/30/18 05/23/2018 981.00 78136 Check 11519 - PRICE, POSTEL & PARMA LLP Legal Services-General Representation April 2018 06/06/2018 975.00 78072 Check *10294 - AMERIGAS-SAN JOSE Refill Propane Tank - SFO 05/30/2018 869.24 78059 Check 11224 - SANTA CLARA COUNTY - COMMUNICATIONS DEPT Radio Equipment Maintenance 05/23/2018 799.50 82 EFT 11808 - JORDAN, RYAN Mileage Reimbursement for Ranger Academy 06/06/2018 778.26 78008 Check 11430 - BIOMAAS Phase 4 El Corte De Madera Creek 4/1/18 - 4/30/18 05/23/2018 758.15 78011 Check *10454 - CALIFORNIA WATER SERVICE CO-949 Water Service - (AO), (FFO)05/23/2018 732.03 78081 Check 10524 - ERGO WORKS Ergo Equipment - Chair 05/30/2018 696.55 78029 Check *11551 - GREEN TEAM OF SAN JOSE Garbage Service (RSACP)05/23/2018 688.88 89 EFT 11901 - SMITH, ANDREW Reimbursement - Ranger Academy Mileage 06/06/2018 611.49 78112 Check 11801 - BAY ALARM COMPANY Camera Installation & Service - WH 06/06/2018 552.00 78115 Check 11530 - COASTSIDE.NET Monthly Internet Service - SFO 06/06/2018 545.00 78051 Check *10261 - PROTECTION ONE Alarm Services - (FFO), (AO)05/23/2018 476.68 78006 Check 11048 - ARC Drawings for Vault Restroom - BCR 05/23/2018 475.52 78057 Check 11479 - ROOTID Website Maintenance 05/23/2018 472.50 78146 Check 11037 - US HEALTHWORKS MEDICAL GROUP PC Medical Services - HR 06/06/2018 471.00 67 EFT 11829 - EDMONSTON, HAYLEY Education Reimburse for CA Naturalist Program Certificate & Book 05/23/2018 455.00 78007 Check 11873 - BEST BEST & KRIEGER LLP Legal Services thru 4/30/18 05/23/2018 453.85 78077 Check 10544 - CORELOGIC INFORMATION SOLUTION Property Research Services 05/30/2018 450.00 78033 Check 10421 - ID PLUS INC Ranger Name Tags 05/23/2018 435.50 78026 Check 11514 - FRANCES FREYBERG PHOTOGRAPHY Onsite Photo Shoot, Photo Selection, Editing (5/1/18) BCR 05/23/2018 435.00 78073 Check 11048 - ARC La Honda Creek Master Plan File 05/30/2018 432.36 78023 Check 10038 - ERGO VERA Onsite Ergonomic Evaluations 05/23/2018 418.44 78114 Check 10352 - CMK AUTOMOTIVE INC Side Mirror Replaced / Brake Service (P102)06/06/2018 410.78 78069 Check 11852 - WESTERN EXTERMINATOR CO.Exterminator Service (RSA-Annex)05/23/2018 410.00 page 3 of 4 CLAIMS REPORT MEETING 18-24 DATE 06-13-18 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Payment Type Notes Vendor No. and Name Invoice Description Check Date Payment Amount Finance has started to roll out electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase payment security, and ensure quicker receipt by vendors 92 EFT 11769 - TOWNE, STEPHANIE Travel Reimbursement for Trail Maintenance Training 4/22/18 - 4/27/18 06/06/2018 409.03 78085 Check 11344 - HOLM BASE 110 Acrylic Magnets for BCR Groundbreaking Event Giveaways 05/30/2018 392.11 78121 Check 10186 - FEDERAL EXPRESS Shipping Charges-AO 06/06/2018 385.95 78074 Check 10183 - BARRON PARK SUPPLY CO INC Plumbing Supplies (BCR)05/30/2018 362.01 68 EFT 10473 - HIATT, CASEY Reimbursement for Leadership Facilitation Training in Sacramento 05/23/2018 353.53 78041 Check 10369 - MANNING, MEREDITH ToP Facilitation Methods Conference Expenses Reimbursement 05/23/2018 337.79 78150 Check 10731 - HEALEY, FRANK Travel Reimbursement Trail Maintenance 4/22-4/27 06/06/2018 336.00 78054 Check 10589 - RECOLOGY SOUTH BAY Recycling Service 05/23/2018 333.00 69 EFT 10895 - INFANTE, LISA Top Facilitation Conference Expenses Reimbursement 05/23/2018 332.90 78080 Check 10038 - ERGO VERA Onsite Ergonomic Evaluations 05/30/2018 330.00 78055 Check 10093 - RENE HARDOY May Gardening Services - AO 05/23/2018 325.00 78086 Check 10995 - LEANNE TERUYA Docent Training Instructor fee 05/30/2018 325.00 78056 Check 10324 - RICH VOSS TRUCKING INC Trucking Delivery of Rock (BCR)05/23/2018 303.80 78090 Check 11746 - MARKEN MECHANICAL SERVICES, INC.HVAC Parts & Labor (SFO)05/30/2018 300.00 78123 Check 10509 - GEOCON CONSULTANTS INC Phase II Assessment of Abandoned Oil Tank Facilities 06/06/2018 300.00 78149 Check 0000-A QUICKSILVER RUNNING CLUB Release of Refundable Deposit for Permit #18474 06/06/2018 300.00 78025 Check 10585 - FLEETCARE INTERNATIONAL INC 5k Service - M39 05/23/2018 298.21 78096 Check 10176 - RE BORRMANN'S STEEL CO Steel for Water Tanks 05/30/2018 297.61 75 EFT 11232 - STEVENSON, HILARY League of CA Cities City Attorney Spring Conference Airfare 05/23/2018 295.96 78137 Check 11054 - SAN MATEO COUNTY HUMAN RESOURCES DEPARTMENT Training - Develop as a Professional & Resolving Conflict & Building Effective Workplace Relationships 06/06/2018 295.00 78047 Check 10253 - PETERSON TRACTOR CO Starter Parts for Mini Excavator 05/23/2018 293.39 78143 Check 10435 - THE FERGUSON GROUP LLC Real Property Consulting - March 2018 & April 2018 06/06/2018 292.19 81 EFT 11786 - JAECKEL, DAVID ToP Facilitation Conference Expenses Reimbursement 06/06/2018 285.40 78010 Check *10172 - CALIFORNIA WATER SERVICE CO-3525 Water Service For Rental Properties 05/23/2018 265.73 78030 Check 10173 - GREEN WASTE Recycle & Trash (SFO)05/23/2018 238.64 78131 Check 10135 - MADCO Welding Supplies - Compressed Gas, Cylinder Cap 06/06/2018 238.56 78127 Check 11041 - INTERSTATE ALL BATTERY CENTER - SILICON VALLEY ATV 9 Battery service for Canycom Mower & Radio Batteries 06/06/2018 214.04 78145 Check 10403 - UNITED SITE SERVICES INC Temporary Restroom (LH)06/06/2018 212.75 78075 Check 10170 - CASCADE FIRE EQUIPMENT COMPANY Fire-Fighting Pants for Ranger 05/30/2018 207.39 78139 Check 11042 - SANTA CLARA COUNTY-OFFICE OF THE SHERIFF Live Scan Services - April 2018 06/06/2018 207.00 80 EFT 11955 - HANSON, TOM Meals Reimbursement Substainable Trails Conference 3/25-3/29 06/06/2018 204.00 85 EFT 10998 - MACKESSY, JOSIAH K Meals Reimbursement Substainable Trails Conference 3/25-3/29 06/06/2018 204.00 84 EFT 11813 - LEIGH ANN GESSNER Video Equipment Reimbursement 06/06/2018 201.60 78089 Check 10062 - MARK HYLKEMA Docent Training Instructor fee 05/30/2018 200.00 78039 Check 11326 - LEXISNEXIS Online Subscription Service April 2018 05/23/2018 198.00 66 EFT 10475 - BELL, GLORIA ROSE SFO Kitchen Supplies Reimbursement 05/23/2018 183.48 78014 Check 10168 - CINTAS Shop Towel Service (FFO & SFO)05/23/2018 176.33 65 EFT 10617 - ALEXANDER, ZACHARY Reimbursement for Purchase of Required Boots 05/23/2018 174.39 79 EFT 11829 - EDMONSTON, HAYLEY Mileage Reimbursement 06/06/2018 164.78 78034 Check 11041 - INTERSTATE ALL BATTERY CENTER - SILICON VALLEY Battery for Canycom Mower 05/23/2018 164.14 86 EFT 10917 - MILLS, AMANDA Society for Ecological Restoration Conference Expense Reimburse 06/06/2018 136.36 78043 Check 10664 - MISSION TRAIL WASTE SYSTEMS Garbage Services - (AO)05/23/2018 130.91 90 EFT 10683 - STERZL, OWEN Reimburse for Purchase of Wireless Mouses for Office (5)06/06/2018 130.75 78101 Check 10152 - TADCO SUPPLY Janitorial Supply (RSACP)05/30/2018 126.35 78105 Check 11176 - ZORO TOOLS ATV Parts 05/30/2018 116.63 71 EFT 10906 - KERN, GRANT Travel Reimbursement Living with Fire Training 5/7-5/9 05/23/2018 116.00 73 EFT 11531 - MACKESSY, DONALD Travel Reimbursement Living with Fire Training 5/7-5/9 05/23/2018 116.00 83 EFT 10224 - JURICH, MICHAEL Travel Reimbursement Living with Fire Training 5/7-5/9 06/06/2018 116.00 87 EFT 10389 - MORT, JIM Meals Reimbursement Living with Fire Training 5/7-5/9 06/06/2018 116.00 78088 Check 10189 - LIFE ASSIST First Aid Supplies 05/30/2018 110.69 78024 Check 10524 - ERGO WORKS Ergo Equipment - Std Lift, Mat 05/23/2018 107.91 76 EFT 11950 - Baldzikowski, Jeanne Uniform Reimbursement 05/30/2018 100.00 77 EFT 11503 - RYAN, ELISH CA Council of Land Trusts Conference Travel Reimbursements 05/30/2018 95.55 78093 Check 10481 - PACIFIC TELEMANAGEMENT SERVICE MB-Campsite Payphone 05/30/2018 78.00 78067 Check 11037 - US HEALTHWORKS MEDICAL GROUP PC Medical Services - HR 05/23/2018 70.00 78 EFT 11686 - CHAN, LESLIE Cell Phone Reimbursement Apr - June 2017 06/06/2018 60.00 78017 Check 10873 - DFM ASSOCIATES 2018 California Elections Code Book 05/23/2018 54.50 page 4 of 4 CLAIMS REPORT MEETING 18-24 DATE 06-13-18 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Payment Type Notes Vendor No. and Name Invoice Description Check Date Payment Amount Finance has started to roll out electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase payment security, and ensure quicker receipt by vendors 78133 Check 10160 - OFFICE DEPOT CREDIT PLAN Office Supplies - Laminating Pouch & Magnets (FFO)06/06/2018 45.75 78015 Check 11210 - DATA SAFE Destruction Services - AO 05/23/2018 40.00 78070 Check 11880 - A T & T (CALNET3)Monthly Telephone Service - Mt Um 05/30/2018 38.94 88 EFT 11559 - SIFUENTES-WINTER, JONATHAN Request for Partial Reimbursement of Professional Membership Dues 06/06/2018 37.50 78058 Check 11059 - SAN MATEO COUNTY HEALTH DEPT Tick Testing 05/23/2018 30.00 78134 Check 10271 - ORLANDI TRAILER INC T07 Trailer Part - Break Away Switch 06/06/2018 21.80 78048 Check *10180 - PG & E Electrical Service (SA-MT UM)05/23/2018 18.77 78102 Check 11596 - TOSHIBA BUSINESS SOLUTIONS Large Format Plotter Printing Costs 05/30/2018 18.10 78142 Check 10107 - SUNNYVALE FORD Auto Parts - P94 06/06/2018 16.78 Grand Total 783,289.26$ *Annual Claims **Hawthorn Expenses CCIWS = Central California Invasive Weed Symposium MISAC = Municipal Information Systems Association of California BCR = Bear Creek Redwoods LH = La Honda Creek PR = Pulgas Ridge SG = Saratoga Gap TC = Tunitas Creek CC = Coal Creek LR = Long Ridge PC = Purisima Creek SA(U) = Sierra Azul (Mt Um) WH = Windy Hill ECM = El Corte de Madera LT = Los Trancos RSA = Rancho San Antonio SR= Skyline Ridge AO2, 3, 4 = Administrative Office lease space ES = El Sereno MR = Miramontes Ridge RV = Ravenswood SCS = Stevens Creek Shoreline Nature FFO = Foothills Field Office FH = Foothills MB = Monte Bello RR = Russian Ridge TH = Teague Hill SFO = Skyline Field Office FO = Fremont Older PIC= Picchetti Ranch SJH = St Joseph's Hill TW = Thornewood SAO = South Area Outpost RR/MIN = Russian Ridge - Mindego Hill PR = Pulgas Ridge DHF = Dear Hollow Farm OSP = Open Space Preserve P## or M## = Patrol or Maintenance Vehicle R-18-57 Meeting 18-24 June 13, 2018 AGENDA ITEM 3 AGENDA ITEM Call District Elections in Wards 1, 2, 5, and 6 and Request Election Consolidation Services from Santa Clara, San Mateo, and Santa Cruz Counties ACTING GENERAL MANAGER’S RECOMMENDATIONS 1. Adopt a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District calling an election and requesting election consolidation services – Santa Clara County, Wards 1, 2, and 5. 2. Adopt a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District calling an election and requesting election consolidation services – San Mateo County, Wards 5 and 6. 3. Adopt a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District calling an election and requesting election consolidation services – Santa Cruz County, Ward 2. 4. Reconfirm Board Policy 1.07 (Board Elections) regarding a maximum of 200 words per candidate statement, payment of candidates’ statements and, if required by the respective county, translations of candidates’ statements pursuant to the Elections Code of the State of California, in those wards where two or more candidates have qualified to appear on the ballot. 5. Adopt a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District authorizing not listing any unopposed candidate for election on the November 6, 2018 ballots of Santa Clara, San Mateo, and Santa Cruz Counties. DISCUSSION The Midpeninsula Regional Open Space District will hold a District election on November 6, 2018 for the purpose of filling elective offices for Board of Directors seats for Wards 1, 2, 5, and 6. Pursuant to state election code, the Board must adopt resolutions calling the election and request election consolidation services from Santa Clara, San Mateo, and Santa Cruz Counties. The resolutions specify the Counties’ respective responsibilities throughout the filing and election process. The nomination period for the election opens on Monday, July 16, 2018 and closes on Friday, August 8, 2018. If an incumbent who is eligible fails to file for re-election by August 8, the voters have until 5:00 p.m. on Wednesday, August 13, 2018 to nominate candidates other than the incumbent. R-18-57 Page 2 If the consolidation of election services with other legislative districts within the counties is approved by each County’s Board of Supervisors, the District’s responsibilities will include: issue, receive, and process candidate nomination papers and statements; forward candidates’ statements to the appropriate county for translation, printing, and mailing to the voters; forward any vote by mail applications and write-in declarations received by the District Clerk to the Registrar of Voters; and publish notices of election. Four of the District’s seven wards are scheduled for election during the November 6, 2018 General Election. These wards and their current Directors are: Payment of Candidates’ Statement The District Clerk must also relay to the Registrar of Voters in each county the Board’s policy regarding payment of candidates’ statements and number of words to be included in each statement. The Acting General Manager’s recommendation is to provide the following instructions, excerpted from Board Policy 1.07 Board Elections, which states: “In those wards where two or more candidates have qualified to appear on the ballot, a candidate may file a candidate’s statement, not exceeding 200 words. The District will pay for the cost of the statements, and, if required by the respective county, translations of candidates’ statements pursuant to the Elections Code of the State of California, and no such candidate shall be billed for availing himself or herself of these services.” Candidates Running Unopposed Board Policy 1.07 (Board Elections) reads: “In the case where there is a single candidate qualified to appear on the ballot, such candidate shall not be permitted to have his or her name on the ballot (Public Resources Code Section 5532 (e)). If such unopposed candidate requests that his or her candidate’s statement be included in official election material distributed to voters, the District shall bill such candidate for the cost thereof, including costs related to any required translation.” The purpose of this procedure is to save public tax dollar costs for listing an unopposed candidate on the ballot. The Acting General Manager recommends that the Board of Directors adopt a resolution confirming this portion of Board Policy 1.07, which will notify Santa Clara, San Mateo, and Santa Cruz counties to not list any unopposed candidates on the ballot. Using WARD GENERAL DESCRIPTION INCUMBENT 1 Cupertino, Los Gatos, Monte Sereno, Saratoga Director Pete Siemens 2 Cupertino, Los Altos, Los Altos Hills, Palo Alto, Stanford, Sunnyvale Director Yoriko Kishimoto 5 East Palo Alto, Menlo Park, Palo Alto, Stanford Director Nonette Hanko 6 Atherton, La Honda, Loma Mar, Menlo Park, Pescadero, Portola Valley, Redwood City, San Gregorio, Woodside Director Larry Hassett R-18-57 Page 3 this procedure, any unopposed, qualified candidates will be appointed to the Board of Directors at the Board’s first regular or special meeting after the date upon which the election would have been held. Any person appointed using this procedure shall take office and serve exactly as if elected for the office. FISCAL IMPACT The District’s FY2017-18 Budget reserved $60,150 for the November 2018 election based upon the history of election expenditures for contested seats over the past decade. In the event multiple seats are contested, funds may be reallocated through a budget amendment to cover the increased election costs. BOARD COMMITTEE REVIEW Committee review is not required for this agenda item. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act and no environmental review is required. NEXT STEP Upon approval of the Acting General Manager’s recommendations, staff will submit the adopted resolutions, maps of District boundaries, and other required documents to Santa Clara, San Mateo, and Santa Cruz Counties to receive consolidated election services for the November 6, 2018 General Election. Attachments: 1. Resolution Request for and Consent to Consolidation of Elections - Santa Clara County 2. Resolution Request for and Consent to Consolidation of Elections - San Mateo County 3. Resolution Request for and Consent to Consolidation of Elections - Santa Cruz County 4. Resolution Authorizing Not Listing Any Unopposed Candidates for Election on the November 6, 2018 Santa Clara County, San Mateo County, and Santa Cruz County Ballot 5. Maps showing Ward Boundaries for Wards 1, 2, 5, and 6 Responsible Manager: Ana Ruiz, Acting General Manager Prepared by: Jennifer Woodworth, District Clerk/Assistant to the General Manager Resolutions/2018/R-18-__/Calling Election_Santa Clara County 1 RESOLUTION NO. 18-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REQUESTING AND CONSENTING TO CONSOLIDATION OF ELECTIONS – SANTA CLARA COUNTY WHEREAS, a Biennial General District Election has been ordered to be held on Tuesday, November 6, 2018, in the Midpeninsula Regional Open Space District (District) of Santa Clara County (County) for the purpose of electing three Directors (Wards 1, 2, and 5) of the Board of Directors of the District each for a term of four years; and WHEREAS, pursuant to Part 3 (commencing with Section 10400) of the Elections Code, such election may be either completely or partially consolidated; WHEREAS, it is desirable that the General District Election be consolidated with the Statewide General Election to be held on the same date and that within the District, the precincts, polling places, and election officers of the two elections be the same, and that the Registrar of Voters of the County of Santa Clara canvass the returns of the General District Election, and that the election be held in all respects as if there were only one election. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District calls for an election to be held on November 6, 2018, and requests the Board of Supervisors of Santa Clara County to completely consolidate such elections and to further provide that the Registrar of Voters canvass the returns of the election, including: 1. Pursuant to Public Resources Code Sections 5530 and 5533, the Board of Directors of the Midpeninsula Regional Open Space District does call an election in the District for the election of three members of the Board of Directors of the District, each for a full term of four years, in Wards 1, 2, and 5 on Tuesday, November 6, 2018. 2. The District Clerk is authorized, instructed, and directed to coordinate with the County of Santa Clara Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. 3. The polls for the election shall be open at 7:00 a.m. of the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be closed. 4. Pursuant to the requirements of Part 3 (Consolidation of Elections; §§10400 et seq.) of Division 10 of the Elections Code, the Board of Directors hereby requests the governing body of any other political subdivision, or any officer otherwise authorized by law, to partially or completely consolidate such elections, and to further provide that, upon consolidation, the consolidated election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots Resolutions/2018/R-18-__/Calling Election_Santa Clara County 2 opened and returned, returns canvassed, and all other proceedings in connection with the election shall be regulated and done by any body or official authorized to perform such functions and canvass the returns of the elections; and that this Board of Directors consents to such consolidation. 5. That the Registrar of Voters Office of Santa Clara County is hereby authorized and instructed to canvass the returns of said election for the office of members of the Board of Directors of the Midpeninsula Regional Open Space District and is requested to certify the results of said election to the Board of Directors of the District. 6. The Board of Directors further requests, pursuant to Election Code Section 10002, that County election official(s) be authorized to render services to the District relating to the conduct of said election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The Midpeninsula Regional Open Space District’s General District Election will be held and conducted in accordance with the provisions of law regulating the statewide or special election. 7. Pursuant to Sections 10509 and 13307 of the Elections Code, each candidate for elective office to be voted for at the General Municipal Election on November 6, 2018, may prepare a candidate statement on an appropriate form provided by the District Clerk. The statement may include the name, age, and occupation of the candidate, and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed with the District Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 pm of the next working day after the close of the nomination period. Candidates shall not be permitted to submit materials other than the candidate's statement with the sample ballot and the voter's pamphlet. 8. Pursuant to Board Policy 1.07 Board Elections, in those wards where two or more candidates have qualified to appear on the ballot, a candidate may file a candidate’s statement, not exceeding 200 words. The District will pay for the cost of the statements, and, if required by the respective county, translations of candidates’ statements pursuant to the Elections Code of the State of California, and no such candidate shall be billed for availing himself or herself of these services. 9. That pursuant to Section 10522 of the Elections Code of the State of California, a current map showing the boundaries of the district and the boundaries of the divisions of the district is herewith submitted. 10. That pursuant to Sections 10551 and 15651 of the Elections Code of the State of California, the method of determining the winner or winners in the event of a tie vote shall be by lot. 11. The General Manager of the District is hereby authorized to reimburse the County in full for the services performed upon presentation of a bill to the District. Resolutions/2018/R-18-__/Calling Election_Santa Clara County 3 12. The District Clerk is hereby directed to submit a certified copy of this Resolution to the Board of Supervisors of Santa Clara County, and to appropriate County election officials of said County. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ______, 2018, at a Regular Meeting thereof, by the following vote: AYES: 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 Resolutions/2018/R-18-__/Calling Election_San Mateo County 1 RESOLUTION NO. 18-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REQUESTING AND CONSENTING TO CONSOLIDATION OF ELECTIONS – SAN MATEO COUNTY WHEREAS, a Biennial General District Election has been ordered to be held on Tuesday, November 6, 2018, in the Midpeninsula Regional Open Space District (District) of San Mateo County (County) for the purpose of electing two Directors (Wards 5 and 6) of the Board of Directors of the District each for a term of four years; and WHEREAS, pursuant to Part 3 (commencing with Section 10400) of the Elections Code, such election may be either completely or partially consolidated; WHEREAS, it is desirable that the General District Election be consolidated with the Statewide General Election to be held on the same date and that within the District, the precincts, polling places and election officers of the two elections be the same, and that the Registrar of Voters of the County of San Mateo canvass the returns of the General District Election, and that the election be held in all respects as if there were only one election. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District calls for an election to be held on November 6, 2018, and requests the Board of Supervisors of San Mateo County to completely consolidate such elections and to further provide that the Registrar of Voters canvass the returns of the election, including: 1. Pursuant to Public Resources Code Sections 5530 and 5533, the Board of Directors of the Midpeninsula Regional Open Space District does call an election in the District for the election of two members of the Board of Directors of the District, each for a full term of four years, in Wards 5 and 6 on Tuesday, November 6, 2018. 2. The District Clerk is authorized, instructed, and directed to coordinate with the County of San Mateo Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. 3. The polls for the election shall be open at 7:00 a.m. of the day of the election and shall remain open continuously from that time 8:00 p.m. of the same day when the polls shall be closed. 4. Pursuant to the requirements of Part 3 (Consolidation of Elections; §§10400 et seq.) of Division 10 of the Elections Code, the Board of Directors hereby requests the governing body of any other political subdivision, or any officer otherwise authorized by law, to partially or completely consolidate such elections, and to further provide that, upon consolidation, the consolidated election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots Resolutions/2018/R-18-__/Calling Election_San Mateo County 2 opened and returned, returns canvassed, and all other proceedings in connection with the election shall be regulated and done by any body or official authorized to perform such functions and canvass the returns of the elections; and that this Board of Directors consents to such consolidation. 5. That the Registrar of Voters Office of San Mateo County is hereby authorized and instructed to canvass the returns of said election for the office of members of the Board of Directors of the Midpeninsula Regional Open Space District and is requested to certify the results of said election to the Board of Directors of the District. 6. The Board of Directors further requests, pursuant to Election Code Section 10002, that County election official(s) be authorized to render services to the District relating to the conduct of said election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The Midpeninsula Regional Open Space District’s General District Election will be held and conducted in accordance with the provisions of law regulating the statewide or special election. 7. Pursuant to Sections 10509 and 13307 of the Elections Code, each candidate for elective office to be voted for at the General Municipal Election on November 6, 2018, may prepare a candidate statement on an appropriate form provided by the District Clerk. The statement may include the name, age, and occupation of the candidate, and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed with the District Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 pm of the next working day after the close of the nomination period. Candidates shall not be permitted to submit materials other than the candidate's statement with the sample ballot and the voter's pamphlet. 8. Pursuant to Board Policy 1.07 Board Elections, in those wards where two or more candidates have qualified to appear on the ballot, a candidate may file a candidate’s statement, not exceeding 200 words. The District will pay for the cost of the statements, and, if required by the respective county, translations of candidates’ statements pursuant to the Elections Code of the State of California, and no such candidate shall be billed for availing himself or herself of these services. 9. That pursuant to Section 10522 of the Elections Code of the State of California, a current map showing the boundaries of the district and the boundaries of the divisions of the district is herewith submitted. 10. That pursuant to Sections 10551 and 15651 of the Elections Code of the State of California, the method of determining the winner or winners in the event of a tie vote shall be by lot. 11. The General Manager of the District is hereby authorized to reimburse the County in full for the services performed upon presentation of a bill to the District. Resolutions/2018/R-18-__/Calling Election_San Mateo County 3 12. The District Clerk is hereby directed to submit a certified copy of this Resolution to the Board of Supervisors of San Mateo County, and to appropriate County election officials of said County. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ______, 2018, at a Regular Meeting thereof, by the following vote: AYES: 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 Resolutions/2018/R-18-__/Calling Election_Santa Cruz County 1 RESOLUTION NO. 18-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REQUESTING AND CONSENTING TO CONSOLIDATION OF ELECTIONS – SANTA CRUZ COUNTY WHEREAS, a Biennial General District Election has been ordered to be held on Tuesday, November 6, 2018, in the Midpeninsula Regional Open Space District (District) of Santa Cruz County (County) for the purpose of electing one Director (Ward 2) of the Board of Directors of the District for a term of four years; and WHEREAS, pursuant to Part 3 (commencing with Section 10400) of the Elections Code, such election may be either completely or partially consolidated; WHEREAS, it is desirable that the General District Election be consolidated with the Statewide General Election to be held on the same date and that within the District, the precincts, polling places and election officers of the two elections be the same, and that the Registrar of Voters of the County of Santa Cruz canvass the returns of the General District Election, and that the election be held in all respects as if there were only one election. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District calls for an election to be held on November 6, 2018, and requests the Board of Supervisors of Santa Cruz County to completely consolidate such elections and to further provide that the Registrar of Voters canvass the returns of the election, including: 1. Pursuant to Public Resources Code Sections 5530 and 5533, the Board of Directors of the Midpeninsula Regional Open Space District does call an election in the District for the election of one member of the Board of Directors of the District, for a full term of four years, in Ward 2 on Tuesday, November 6, 2018. 2. The District Clerk is authorized, instructed, and directed to coordinate with the County of Santa Cruz Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. 3. The polls for the election shall be open at 7:00 a.m. of the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be closed. 4. Pursuant to the requirements of Part 3 (Consolidation of Elections; §§10400 et seq.) of Division 10 of the Elections Code, the Board of Directors hereby requests the governing body of any other political subdivision, or any officer otherwise authorized by law, to partially or completely consolidate such elections, and to further provide that, upon consolidation, the consolidated election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots Resolutions/2018/R-18-__/Calling Election_Santa Cruz County 2 opened and returned, returns canvassed, and all other proceedings in connection with the election shall be regulated and done by any body or official authorized to perform such functions and canvass the returns of the elections; and that this Board of Directors consents to such consolidation. 5. That the Registrar of Voters Office of Santa Cruz County is hereby authorized and instructed to canvass the returns of said election for the office of members of the Board of Directors of the Midpeninsula Regional Open Space District and is requested to certify the results of said election to the Board of Directors of the District. 6. The Board of Directors further requests, pursuant to Election Code Section 10002, that County election official(s) be authorized to render services to the District relating to the conduct of said election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The Midpeninsula Regional Open Space District’s General District Election will be held and conducted in accordance with the provisions of law regulating the statewide or special election. 7. Pursuant to Sections 10509 and 13307 of the Elections Code, each candidate for elective office to be voted for at the General Municipal Election on November 6, 2018, may prepare a candidate statement on an appropriate form provided by the District Clerk. The statement may include the name, age, and occupation of the candidate, and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed with the District Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 pm of the next working day after the close of the nomination period. Candidates shall not be permitted to submit materials other than the candidate's statement with the sample ballot and the voter's pamphlet. 8. Pursuant to Board Policy 1.07 Board Elections, in those wards where two or more candidates have qualified to appear on the ballot, a candidate may file a candidate’s statement, not exceeding 200 words. The District will pay for the cost of the statements, and, if required by the respective county, translations of candidates’ statements pursuant to the Elections Code of the State of California, and no such candidate shall be billed for availing himself or herself of these services. 9. That pursuant to Section 10522 of the Elections Code of the State of California, a current map showing the boundaries of the district and the boundaries of the divisions of the district is herewith submitted. 10. That pursuant to Sections 10551 and 15651 of the Elections Code of the State of California, the method of determining the winner or winners in the event of a tie vote shall be by lot. 11. The General Manager of the District is hereby authorized to reimburse the County in full for the services performed upon presentation of a bill to the District. Resolutions/2018/R-18-__/Calling Election_Santa Cruz County 3 12. The District Clerk is hereby directed to submit a certified copy of this Resolution to the Board of Supervisors of Santa Cruz County, and to appropriate County election officials of said County. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ______, 2018, at a Regular Meeting thereof, by the following vote: AYES: 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 Resolutions/2018/R-18-__/Unopposed Candidates 1 RESOLUTION NO. 18-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING NOT LISTING ANY UNOPPOSED CANDIDATES FOR ELECTION ON THE NOVEMBER 6, 2018 BALLOTS OF SAN MATEO COUNTY, SANTA CLARA COUNTY, AND SANTA CRUZ COUNTY WHEREAS, California Public Resources Code section 5532(e) gives the Board of Directors the option to permit candidates running unopposed to have their names appear on the ballot; and WHEREAS, Board Policy 1.07, Board Elections, specifies that the Board will not pay for unopposed candidates to have their names appear on the ballot. NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the Midpeninsula Regional Open Space District has hereby determined that it will not list the unopposed candidates for election on the November 6, 2018 ballots of Santa Clara, San Mateo, and Santa Cruz Counties. If such unopposed candidate requests that his or her candidate’s statement be included in official election material distributed to voters, the District will bill such candidate for the cost thereof, including costs related to any required translation. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ______, 2018, at a Regular Meeting thereof, by the following vote: AYES: 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 5 Attachment 5 Attachment 5 Attachment 5 R-18-58 Meeting 18-24 June 13, 2018 AGENDA ITEM 4 AGENDA ITEM Temporary Appointment of Interim General Counsel for the end of Fiscal Year 2017-18 BOARD PRESIDENT’S RECOMMENDATION Appoint Gary Baum. Esq., as Interim General Counsel for the period June 17, 2018 through June 30, 2018. SUMMARY The Midpeninsula Regional Open Space District’s (District) General Manager and General Counsel both retired in December 2017. The Board appointed Assistant General Manager, Ana Ruiz, and Assistant General Counsel, Hilary Stevenson, to temporarily serve in these respective vacant appointee positions, and they have done so since January 1, 2018. The Board has been actively recruiting to fill both of these positions. The appointment of a General Manager is on the Board’s June 13, 2018 regular meeting agenda, and the appointment of a General Counsel is anticipated to occur in July 2018. In late 2017, the California legislature passed Assembly Bill (AB) 1487, which prohibits an employee from receiving temporary upgrade pay for working out-of-class in a vacant position for more than 960 hours in each fiscal year. This new law applies to all California Public Employment Retirement System (CalPERS) contracted agencies, including the District. To ensure compliance with AB 1487, the Board President recommends appointing Gary Baum, Esq., who is contract counsel to the District, as Interim General Counsel for the period June 17, 2018 through June 30, 2018. (Note that the term “interim” is used here to signify that Mr. Baum is not an employee of the District and not eligible for temporary upgrade pay, or “Acting pay”, under the District’s Personnel Policies and Procedures). On July 1, 2018, the first date of the District’s new fiscal year, assuming that the Board has not yet appointed a new General Counsel to fill the vacant position, Hilary Stevenson would return to the role of Acting General Counsel until the Board appoints a General Counsel. DISCUSSION AB 1487, codified as California Government Code section 20480, went into effect on January 1, 2018. The new law limits temporary pay upgrades (“acting pay”) for out-of-class service while the employer is actively recruiting to fill a staffing vacancy. Employers may only provide temporary pay upgrades to employees for 960 hours per each fiscal year. In compliance with AB 1487, the Board of Directors already updated the District Classification and Compensation Plan to reflect the updated policy for out-of-class/“acting” pay (R-18-23 and Resolution 18-08). R-18-58 Page 2 Under AB 1487, CalPERS now requires employers to track out-of-class hours worked in each vacant position per fiscal year and report these hours to CalPERS annually. The penalty for violating this provision is to pay CalPERS three times the amount of money for the difference between the compensation paid for the out-of-class appointment and the compensation paid and reported to the system for the member's regular position. The penalty applies to the entire period(s) during which the staff member serves in an out-of-class appointment. Penalties paid to CalPERS are not normal contributions or additional contributions, and are not credited to an employer or employee’s individual CalPERS account. The Board President recommends appointing Gary Baum, Esq. to serve as Interim General Counsel while Hilary Stevenson returns to her regular position, Assistant General Counsel, from June 17, 2018 through June 30, 2018. Mr. Baum has served as contract counsel to the District since January 2018 in order to help fill the staffing shortage in the General Counsel’s Office stemming from the retirement of General Counsel Sheryl Schaffner at the end of December 2017. Mr. Baum has served as an interim City Attorney to several local cities and is well qualified to continue providing legal services to the District at a fair and reasonable price. The Board authorized the General Manager to enter into an agreement with the Law Offices of Gary Baum on December 6, 2017, which agreement is still in effect (see Attachment 1, R-17-129). On July 1, 2018, if the Board has not appointed a new General Counsel to fill the vacant position, Hilary Stevenson would serve as Acting General Counsel. In accordance with AB 1487, Stevenson’s eligibility for a temporary pay upgrade to serve in the acting role is limited to 960 hours during Fiscal Year 2018-19. FISCAL IMPACT Sufficient funds for salaries of an Acting and/or Interim General Counsel were included in the FY 2017-18 and FY 2018-19 budgets. The Board approved funding for the legal services agreement with Gary Baum, Esq., on December 6, 2017, and sufficient funds are available in the FY 2017-18 and FY 2018-19 budgets. BOARD COMMITTEE REVIEW There was no Committee review of this action. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE This item is not a project subject to the California Environmental Quality Act. R-18-58 Page 3 NEXT STEPS Pending Board approval, Gary Baum, Esq., will serve in the Interim General Counsel role from June 17, 2018 through June 30, 2018. The General Manager or designee will report out-of-class appointments to CalPERS for Fiscal Year 2017-18 as required by Government Code section 20480. Attachment: 1. R-17-129: Award of Contract for Legal Services Contact Person: Jed Cyr, Board President Prepared by: Hilary Stevenson, Acting General Counsel R-17-129 Meeting 17-30 December 6, 2017 AGENDA ITEM 2 AGENDA ITEM Award of Contract for Legal Services GENERAL MANAGER’S RECOMMENDATIONS Authorize the General Manager to enter into a contract with Gary Baum, Esq. to provide legal services in an amount not to exceed $150,000. SUMMARY As recently announced, upon the General Counsel’s retirement, the District’s Assistant General Counsel will serve as Acting General Counsel, leaving the Assistant General Counsel position vacant for approximately seven months. After a review of four proposals to perform the duties of the position on an interim basis, and on recommendation of the current Assistant General Counsel Hilary Stevenson, General Counsel Sheryl Schaffner recommends contracting with Mr. Gary Baum to assist with the workload. He and his firm are highly qualified to fill the position and provide legal services at a fair and reasonable price. Salary savings arising from the General Counsel’s retirement will cover the cost of the proposed contract. DISCUSSION The District’s General Counsel will retire at the end of calendar year 2017. The Board of Directors asked the District’s Assistant General Counsel, Hilary Stevenson, to step up and take on the role of Acting General Counsel, pending the completion of a recruitment and selection process to fill the General Counsel position. The net effect is that the District’s internal attorney staffing will be reduced by one-half, from two to one attorney, during this period. To reduce the impact of the staffing gap, staff solicited four proposals from attorneys who are well-qualified to perform legal services on a contract basis. Staff carefully reviewed the proposals and considered the mix of skills, experience, rate structures, and availability to provide Assistant General Counsel level services beginning in January 2018 for approximately seven months. All four proposers have previously served in similar positions throughout the area and their rates range from $150 to $285 per hour. With the concurrence of District General Counsel Sheryl Schaffner regarding this selection, Ms. Stevenson recommends contracting with Mr. Gary Baum. Mr. Baum is highly qualified, having worked in many municipal law offices and completed his distinguished public sector career as City Attorney for the City of Palo Alto. He has the relevant experience in the public sector, including experience with public contracts, real estate transactions, wireless leases, personnel Attachment 1 R-17-129 Page 2 matters, and principles of public finance. He has served in an interim capacity to numerous small public law offices similar to the District General Counsel’s Office over the past several years since his retirement. Mr. Baum offers his services at a fair and reasonable rate, and approaches the opportunity to serve the District and its mission with wholehearted enthusiasm. Mr. Baum can be available for 16-20 hours per week of work. Mr. Baum has agreed to be available in the Administrative Office twice a week to provide “office hours” in person, to meet with staff and attend other meetings, and would also be available via telephone and email as needed. The vacancy of the General Counsel position creates a salary and benefits savings of $21,300 per month. Mr. Baum’s contract can be funded from these salary savings. With a concurrent vacancy in the General Manager position beginning in January 2018, the Board has decided that it will recruit a new General Manager before commencing the recruitment for the new General Counsel. The proposed seven-month term is an approximation, intended to cover the period of time needed for the Board to fill these positions. If the office is fully staffed earlier than July, the District can terminate the agreement with Mr. Baum with reasonable notice. If there are changes to this timeline, the General Counsel will return to the Board to obtain additional contract help to fulfill staffing needs. It is important to recognize that the salary savings fund about half of the hours of service the District is accustomed to receiving from the Assistant General Counsel position, which is fairly typical when obtaining outside counsel services. Assuring the effective operation of the General Counsel’s Office while it is partially vacant will also require the cooperation and patience of District staff during this transition period. FISCAL IMPACT The Legal Department’s FY2017-18 budget includes $21,300 monthly for salaries and benefits for the General Counsel position, which will be available as salary savings during the vacancy in the General Counsel position, to offset the costs of this contract. BOARD COMMITTEE REVIEW The Board Appointee Committee was previously informed of the proposed contract to address the gap in staffing arising from the temporary vacancy in the General Counsel position. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE The award of contract is not a project subject to the California Environmental Quality Act. Attachment 1 R-17-129 Page 3 NEXT STEPS Following Board approval, the General Counsel and General Manager will execute a contract with Gary Baum, Esq. Responsible Department Head: Sheryl Schaffner, General Counsel Prepared by: Hilary Stevenson, Assistant General Counsel Attachment 1 R-18-59 Meeting 18-24 June 13, 2018 AGENDA ITEM 5 AGENDA ITEM Resolution in Support of the Water Supply and Water Quality Act of 2018 ACTING GENERAL MANAGER’S RECOMMENDATION Consider adoption of a resolution in support of the Water Supply and Water Quality Act of 2018 put forth by citizens’ initiative on the ballot for the November 6, 2018 statewide general election. SUMMARY On April 25, 2018, the California Secretary of State’s office placed a citizens’ initiative, the Water Supply and Water Quality Act of 2018 (Water Bond), on the November 6, 2018 general election ballot (See Attachment 1). The measure is an approximately $8.9 billion bond designed to fund a host of water-related projects across California (See Attachment 2). As of this date, Secretary of State Alex Padilla has yet to assign a proposition number to the measure. Details of the Water Bond funding allocations that apply to the Bay Area are included in Attachment 3. DISCUSSION The Water Supply and Water Quality Act of 2018 is a citizens’ ballot initiative conceived following unsuccessful negotiations with California legislative leadership to include its provisions in SB 5 (DeLeón), the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018, now known as Proposition 68. The Water Bond intends to address a variety of water related issues, including safe drinking water, Sustainable Groundwater Management (SGMA) implementation, watershed restoration, fish and wildlife habitat conservation, and water infrastructure repair among others. The Water Bond aligns well with many of the Board’s stated legislative priorities and positions specified in the 2018 Legislative Program, which the Board ratified on January 10, 2018. These include: • Legislative Priority: Promote, establish, and implement a common environmental protection vision with partners o Under the subcategory of Watershed Protection: The District supports legislative or regulatory efforts that enhance the ability to protect watershed land, as well as restore and maintain associated habitats. R-18-59 Page 2 • Legislative support positions under Natural Resources Protection and Restoration that: o Enhances management of water quality for all priority watersheds (item 3) o Protects local and regional watershed holdings and water quality protection (item 4) o Incentivizes agricultural operations to invest in energy efficient irrigation technologies that reduce greenhouse gas (GHG) emissions and water use (item 11) o Creates or enhances new funding sources to implement local or state government programs that benefit the environment such as: watershed protection, groundwater recharge and sustainability, water conservation, GHG reduction, Areas of Special Biological Significance compliance, Rare, Threatened, and Endangered species management and recovery (item 13) o Expands funding for (item 14):  a. Wetland restoration projects that provide carbon sequestration benefits. A summary list of general funding allocations is contained within Attachment 2, which provides a statewide view of the bond. A detailed list of funding allocations that could be available to the District is contained within Attachment 3. However, as with any new funding source, District staff will better understand the funding eligibility of District projects once grant guidelines for the different sections of the bond are developed. Per Board Policy 1.11, “Positions on Ballot Measures and Legislative Advocacy,” the Board may consider taking a position on the measure if the measure meets the following criteria: 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 Water Bond Measure in Attachment 3 aligns well with Board priorities by allocating funding as follows: • $300,000,000 to the Wildlife Conservation Board for land acquisitions, protection and restoration of oak woodlands, and community conservation plans • $200,000,000 to the San Francisco Bay Restoration Authority to provide matching grants for flood management, wetlands restoration, and other projects • $135,000,000 to the State Coastal Conservancy for the protection and restoration of coastal watersheds • $100,000,000 to the San Francisco Bay Area Conservancy Program of the Coastal Conservancy for the protection and restoration of San Francisco Bay Area watersheds With requests for Water Bond endorsements just beginning to mobilize at this date, few individuals and organizations have yet to endorse the measure. The list of endorsements received as of May 18, 2018 are included in Attachment 4. Each County Registrar of Voters is expected to release a list of arguments in support and in opposition to the measure in late August 2018. This information will appear on the following local websites: R-18-59 Page 3 Santa Clara County: https://eservices.sccgov.org/rov?tab=vg San Mateo County: https://www.shapethefuture.org/MyElectionMaterials/ FISCAL IMPACT There is no fiscal impact associated with adoption of a resolution in support of the Water Supply and Water Quality Act of 2018. The ballot initiative includes funding that may facilitate the completion of, or complement, numerous District Measure AA and non-AA projects. District staff will better understand the funding eligibility of District projects once grant guidelines for the different sections of the bond are developed. BOARD COMMITTEE REVIEW A Board Committee did not previously review this item as presented. 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 If approved by the Board of Directors, a copy of the resolution in support of the Water Supply and Water Quality Act of 2018 will be forwarded to key partners. ATTACHMENTS 1. Water Supply and Water Quality Act of 2018 ballot measure language 2. Summary of major programs 3. Summary of funding sources relevant to the District 4. List of Water Bond Endorsements as of May 18, 2018 Responsible Department Head: Christine Butterfield, Acting Assistant General Manager Prepared by: Joshua Hugg, Governmental Affairs Specialist Gerald H. Mera!, Ph.D. PO 1103 Inverness, Ca 94937 ierrymeral@gmail.com 415-717-8412 August 11, 2017 Attorney General Xavier Becerra Attention: Ashley Johansson, initiative coordinator 1300 I Street, 17th floor, Sacramento, Ca 95814 Dear Attorney General Becerra: Enclosed are amendments to our water bond initiative, 17-0010. Please prepare a title and summary based on this amended initiative. A copy in underline and strikeout is provided, as well as a clean copy. Please let me know if you have any questions. Sincerely Gerald H. Mera! 1 7 -0 0 1 0 Arndt.# I THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Division 38 (commencing with Section 86000) is added to the Water Code, to read: DIVISION 38. State water supply infrastructure, water conveyance, ecosystem and watershed protection and restoration, and drinking water protection act of 2018. CHAPTER 1. Short Title. 86000. This division shall be known and may be cited as the Water Supply and Water Quality Act of 2018. CHAPTER 2. Findings and Declarations. 86001. The people find and declare the following: (a) In our frequently very dry state, our high-tech, agricultural and urbanized economy relies on an uninterrupted and high-quality water supply. By making water use more efficient, reducing the demand for water, providing new and diverse water supplies, improving the quality of our source watersheds, and protecting key environmental uses of water, this measure will assure that the economic and environmental engines of California are not derailed by a shortage of water. (b) California's recent historic drought raises serious questions about the Jong-term reliability of our current water supplies. The drought underscores the need to use our existing water supplies more efficiently, increase investments in our water infrastructure, and more effectively integrate our water system from the headwaters to the end user. (c) California's water situation requires implementation of the Governor's Water Action Plan to provide for the water needs ofpeople, agriculture and the environment. This division will help provide a more reliable water supply by reducing waste, increasing the amount of water available to meet our needs, and improving water quality. This division also provides additional protection for our communities from floods. (d) This division will implement cost effective methods of water development and conservation to meet California's present and future water needs in a changing climate, including capture of urban drainage and stormwater runoff, groundwater and brackish water desalting, groundwater storage, water recycling, waterconservation, and watershed management, restoration, enhancement and protection. (e) Many of the water supply and water quality investments provided by this division will be matched by agencies and grant recipients, more than doubling the effectiveness of the funding provided. (f) Agencies implementing this division will give high priority to cost-effective projects, and to the most durable and most environmentally beneficial projects. Funding will go to projects that contribute to implementation of the Governor's Water Action Plan, the goal of which is to increase the resiliency of the California water system and the ability of California communities to cope with drought conditions. 1 (g) Every Californian has a right to safe, clean, affordable, and accessible drinking water. By complying with Section 106.3, agencies providing funds for safe drinking water pursuant to this division will help achieve the intent of that Section. (h) This division provides a fair and reasonable distribution of funds directly and indirectly benefitting every region of the state. (i) This division provides short and long-term cost-effective actions to address the water shortages caused by the recent drought, and will help prepare local communities for future droughts. Droughts reduce water supplies for people, agriculture and the environment. This division will help meet the water needs of people, agriculture, and the environment and make California more resilient in the face of a changing climate. (j) By improving the health and water productivity of watersheds, communities will become more self­ reliant with respect to water supply, and local environmental quality will be increased. (k) By removing invasive plants such as yellow starthistle, giant reed (Arundo donax) and tam a risk, water supply will be increased and habitat for fish and wildlife will be improved. (I) Flooding can devastate communities and infrastructure. We can make better use of floodwaters by capturing waters and putting them to use in our communities, on our farms, and by recharging groundwater basins. By providing funds to intelligently manage our watersheds and floodplains, this division will also help avoid flood damage, improve fish and wildlife habitat, remove pollutants from our water supply, enhance groundwater, remediate aquifers and improve the environment. Better floodplain management may allow improved operation of upstream reservoirs for water supply purposes. (m) Severe fire conditions can lead to significant erosion, reduced water quality and impacts on water infrastructure. This division provides funding to manage forests and watersheds to reduce fire danger, mitigate the effects of wildfires on water supply and quality, and enhance water supplies. (n) This division funds the following programs, which respond to human and environmental water needs in California: (1) Improvement of water supply and water quality utilizing cost effective methods, including water conservation, desalting of groundwater and other inland saline water, stormwater management, wastewater recycling, and similar water management measures. (2) Better management of forest and rangeland watersheds, such as through the Sierra Nevada Watershed Improvement Program to improve the pattern, quantity and quality of water runoff and groundwater recharge. Improving soil health improves the ability of the ground to better contain groundwater and moderate the rate of water runoff. (3) Better groundwater management, including faster implementation of the Sustainable Groundwater Management Act, and better recognition of the connection between surface and groundwater. (4) Provision of water for fish and wildlife, including restoration of the Pacific Flyway and management of habitat in a dynamic way to respond to changing environmental conditions. 2 (5) Increased capacity to convey water resulting in greater groundwater recharge and improved conveyance and utilization of floodwaters for use in drought years. (o) The State Water Resources Control Board, the Department of Fish and Wildlife, and many other agencies have recognized that providing funding for fish habitat enhancement is vital to restoring native California fish populations, and that relying solely on flow to restore those populations will not be sufficient. Providing funding for fish habitat enhancement is a vital complement to reasonable flows to protect fish. (p) California has lost ninety-five percent (95%) of its historical wetlands. These wetlands provide food, water and cover for migratory and other birds, fish, mammals, reptiles, amphibians and a vast number of plant species. Many species may become endangered or threatened without wetlands and many more survive only due to wetlands available today. This division combines work to sustain and protect current wetlands with the potential to increase wetlands in California to support a thriving flora and fauna. (q) The implementation of this division will result in cost savings to local governments immediately by substantially more than one billion dollars, and reduce local government operating costs by hundreds of millions of dollars per year. This division will provide funding that displaces local government funding, resulting in the implementation of projects in the following areas. These projects would have eventually been implemented by local government. (1) Safe Drinking Water. State direct and matching funds will reduce the cost to local government of implementing drinking water and wastewater treatment systems, and to some extent the operation of those systems. (2) Wastewater recycling. State funds will reduce the cost of these plants, reducing the capital cost of the projects for local governments. By reducing local government capital costs, the cost of water from these plants will also be reduced. Implementation of wastewater recycling plants will defer the need for more expensive alternative sources of water supply, thus further reducing local capital and operating costs. (3) Groundwater desalting. State funds will reduce the cost of these plants, reducing the capital cost of the projects for local governments. By reducing local government capital costs, the cost of water from these plants will also be reduced. Implementation of groundwater desalting plants will defer the need for more expensive alternative sources of water supply, thus further reducing local capital and operating costs. (4) Water Conservation. State funds will reduce the cost of these projects, reducing costs to local government. More importantly, reduced water demand resulting from these projects will reduce operating costs, and will temporarily or permanently defer the construction and operating costs of more expensive capital outlay projects needed to provide new water. (5) Repairing flood control reservoirs. State funds will reduce the costs of these projects for local government. (6) San Francisco Bay Restoration Authority funds. State investment in wetlands projects providing flood protection around San Francisco Bay will reduce flood risk associated with climate change. This will reduce the cost of other flood control measures, and more importantly will reduce flood damage which often results in tremendous costs to local government for facility repair. 3 (7) Stormwater funding. Regulations imposed by the State Water Resources Control Board and various regional water quality control boards will result in the construction of various capital outlay projects costing billions of dollars. Providing funds through this measure will reduce the cost of these projects to local government. (8) Fisheries restoration. This division provides hundreds of millions of dollars for fisheries restoration. Local and regional water agencies are voluntarily undertaking many of these projects. By providing state funds, this division will reduce local costs. In addition, the resulting increase in fish populations will make it possible to improve local water supplies, avoiding local government costs to provide replacement water supplies costing hundreds of millions or even billions of dollars. (9) Bay Area Regional Reliability. Bay Area water districts are undertaking extensive improvements in their water distribution systems to interconnect their water supplies for greater drought water supply reliability and other benefits. By providing funds for this program, this division will reduce their costs by two hundred and fifty million dollars ($250,000,000). (10) Friant Kern Canal Repair. Groundwater overdraft has caused subsidence of the Fri ant Kern Canal. State funds to repair the canal will reduce the cost of repairing the canal to local water districts. Avoiding the cost to finance this project will also save tens of millions of dollars per year in interest costs which would have to be paid by these districts. (11) Oroville Dam Repair. Although the costs of repairing Oroville Dam should be covered by the federal government either through the Federal Emergency Management Agency or the Corps of Engineers, the federal government may not fulfill this obligation. If the State Water Resources Development System contractors, all local agencies, are forced to cover all or part of these costs, this division will reduce their costs by two hundred million dollars ($200,000,000}. Interest costs would also be reduced. (r) Substantial funds remain to be allocated to storage projects pursuant to Division 26.7. For this reason, and so as not to interfere with the work of the California Water Commission in awarding these funds, this measure does not include funding for the construction of specific storage projects. CHAPTER 3. Definitions. 86002. Unless the context otherwise requires, the definitions set forth in this section govern the construction of this division, as follows: (a) "Conservation" means rehabilitation, stabilization, restoration, reduced water use, development, and reconstruction, or any combination of those activities. (b) "Conservation actions on private lands" means projects implemented with willing landowners that involve the adaptive and flexible management of natural resources in response to changing conditions and threats to habitat and wildlife. These investments and actions are specifically designed to create habitat conditions on private lands which, when managed dynamically over time, contribute to the long-term health and resiliency of vital ecosystems and enhance wildlife populations. (c) "Delta" means the Sacramento-San Joaquin Delta as defined in Section 12220. (d) "Department" means the Department of Water Resources. 4 (e) "Desalination" means removing salt and other contaminants from polluted groundwater or other inland sources of water containing salts, including brackish water. (f) "Disadvantaged community" has the meaning set forth in subdivision (a) of Section 79505.5, as it may be amended. (g) "Economically distressed area" has the meaning set forth in subdivision (k) of Section 79702, as it may be amended. (h) "Finance committee" means the Water Supply Reliability and Drought Protection Finance Committee created by Section 86182. (i) "Fund" means the Water Supply Reliability and Drought Protection Fund of 2018 created by Section 86169. (j) "Groundwater sustainability agency" means an agency defined in subdivision (j) of Section 10721. (k) "Integrated Regional Water Management Plan" means a comprehensive plan for a defined geographic area that meets the requirements of Part 2.2 (commencing with Section 10530) of Division 6, as that part may be amended. (I) "Invasive plant" means a terrestrial or aquatic plant not native to California of no or negligible agricultural value which does any of the following: displaces native plants, threatens native plant biodiversity, harms agricultural or rangeland productivity, degrades wildlife habitat, contributes to fire hazard, or uses more water than the plants it displaces. (m) "Multi-benefit project" means a project that serves more than one purpose, including but not limited to flood management, water supply, water quality improvement, environmental enhancement, recreation, energy conservation, reduction of emission of climate-changing gases, and fish and wildlife improvement. (n) "Nonprofit organization" means an organization qualified to do business in California and exempt under Section 501(c)(3) or Section 501(c)(6) of Title 26 of the United States Code, to the extent permitted by state and federal law. (o) "Protection" means those actions necessary to prevent harm or damage to persons, property or natural resources or those actions necessary to allow the continued use and enjoyment of property or natural resources and includes acquisition, development, restoration, conservation, preservation and interpretation as interpretation is defined in subdivision (i) of Section 75005 of the Public Resources Code. (p) "Public agency" means a state agency or department, special district, joint powers authority, city, county, city and county, or other political subdivision of the state. (q) "Public water systems" are defined in subdivision (h) of section 116275 of the Health and Safety Code and means regional, municipal, and district urban water suppliers, including privately owned water suppliers as defined in Part 2.6, Section 10617 of the Water Code Division 6. (r) "Restoration" means the improvement of physical structures or facilities and, in the case of natural systems and landscape features, includes but is not limited to projects that improve physical and 5 ecological processes, including but not limited to erosion control; sediment management; the control and elimination of invasive species; prescribed burning; fuel hazard reduction; fencing out threats to existing or restored natural resources; meadow, wetland, riparian, and stream restoration; and other plant and wildlife habitat improvement to increase the natural system value of the property. Restoration projects shall include the planning, monitoring and reporting necessary to ensure successful implementation of the project objectives. (s) "Severely disadvantaged community" means a community with a median household income of less than 60 percent (60%) of the statewide median household income. (t) "Sierra Nevada Watershed Improvement Program" is a coordinated, integrated, collaborative program to restore the health of California's primary watershed by increasing the pace and scale of forest restoration in order to maintain the important benefits that the Sierra Nevada region provides. (u) "State board" means the State Water Resources Control Board. (v) "State General Obligation Bond Law" means the State General Obligation Bond Law, Chapter4 (commencing with Section 16720) of Part 3 of Division 4 ofTitle 2 of the Government Code. (w) "Stormwater" and "dry weather runoff' are defined as in Section 10561.5. (x) "Stormwater Resource Plans" are defined as in Part 2.3 (commencing with Section 10560) of Division 6. CHAPTER 4. Accountability. 86003. (a) (1) The California Natural Resources Agency shall provide for an independent audit of expenditures pursuant to this division no less than every three years. (2) On or before January 10, 2020, and every six months thereafter, the Natural Resources Agency shall publish on its website a report that contains all of the following information relating to this division for the previous six months with the information summarized by section of this division: (A) Funding encumbrances. (B) Summary of new projects funded. (C) Summary of projects completed. (D) Discussion of progress towards meeting the metrics of success established pursuant to Section 86157. (E) Discussion of common challenges experienced by state agencies and recipients of funding in executing projects. (F) Discussion of major accomplishments and successes experienced by state agencies and recipients of funding in executing projects. (3) This subsection shall remain in effect only until January 1, 2028, and as of that date is repealed. (b) The Department of Finance or the Controller, or the California State Auditor at the direction of the Legislature, may conduct an audit of the expenditures of any state agency receiving funding pursuant to 6 this act. (c) The state agency issuing any grant with funding authorized by this division shall require adequate reporting of the expenditures of the funding from the grant. CHAPTER 5. Improvement of Water Supply and Water Quality. CHAPTER 5.1. Safe Drinking Water. 86004. The sum of seven hundred fifty million dollars ($750,000,000) is appropriated from the Fund to the State board for expenditures, grants, and loans to improve water quality or help provide clean, safe, and reliable drinking water to all Californians. 86005. The projects eligible for funding pursuant to this chapter shall help improve water quality for a beneficial use. The purposes of this chapter are to: (a) Reduce contaminants in drinking water supplies regardless of the source of the water or the contamination. (b) Assess and prioritize the risk of contamination to drinking water supplies. (c) Address the critical and immediate needs of disadvantaged, rural, or small communities that suffer from contaminated or inadequate drinking water supplies, including, but not limited to, projects that address a public health emergency. (d) Leverage other private, federal, state, and local drinking water quality and wastewater treatment funds. (e) Provide disadvantaged communities with public drinking water infrastructure that provides clean, safe, and reliable drinking water supplies that the community can sustain over the long term. (f) Ensure access to clean, safe, reliable, and affordable drinking water for California's communities. (g) Meet primary and secondary drinking water standards or remove contaminants identified by the state or federal government to meet primary or secondary drinking water standards. 86006. The contaminants that may be addressed with funding pursuant to this chapter may include, but shall not be limited to, lead, nitrates, perchlorate, MTBE (methyl tertiary butyl ether), arsenic, selenium, hexavalent chromium, mercury, PCE (perchloroethylene), TCE (trichloroethylene), DCE (dichloroethene), DCA (dichloroethane), 1,2,3-TCP (trichloropropane), carbon tetrachloride, 1,4-dioxane, 1,4­ dioxacyclohexane, nitrosodimethylamine, bromide, iron, manganese, total dissolved solids, electrical conductivity, and uranium. 86007. (a) (1) Of the funds authorized by Section 86004, five hundred million dollars ($500,000,000) shall be available for grants and loans for public water system infrastructure improvements and related actions to meet safe drinking water standards, ensure affordable drinking water, or both. Priority shall be given to projects that provide treatment for contamination or access to an alternate drinking water source or sources for small community water systems or state small water systems in disadvantaged communities whose drinking water source is impaired by chemical and nitrate contaminants and other health hazards 7 identified by the State board. Eligible recipients serve disadvantaged communities and are public water systems or public agencies. (2) Eligible expenses may include initial operation and maintenance costs for systems serving disadvantaged communities. Priority shall be given to projects that provide shared solutions for multiple communities, at least one of which is a disadvantaged community that lacks safe, affordable drinking water and is served by a small community water system, state small water system, or a private well. Construction grants shall be limited to five million dollars ($5,000,000) per project, except that the State board may set a limit of not more than twenty million dollars ($20,000,000) for projects that provide regional benefits or are shared among multiple entities, including consolidation of two or more drinking water systems, at least one of which shall be a small disadvantaged community. Not more than 50 percent (50%) of a grant may be awarded in advance of actual expenditures. (3) For the purposes of this subdivision, "initial operation and maintenance costs" means those initial, eligible, and reimbursable costs under a construction funding agreement that are incurred up to, and including, but not limited to, initial startup testing of the constructed project in order to deem the project complete. Initial operation and maintenance costs are eligible to receive funding pursuant to this section for a period not to exceed three years. (b) Of the funds authorized by this section, up to ten million dollars ($10,000,000) shall be available for grants to provide school children with safe drinking water under the Drinking Water for Schools Grant Program pursuant to Section 116276 of the Health and Safety Code. 86008. Of the funds authorized by Section 86004, two hundred fifty million dollars ($250,000,000) shall be available for deposit in the State Water Pollution Control Revolving Fund Small Community Grant Fund created pursuant to Section 13477.6 for grants and loans for wastewater treatment projects. Priority shall be given to projects that serve disadvantaged communities and severely disadvantaged communities, and to projects that address public health hazards. Projects may include, but not be limited to, projects that identify, plan, design, a.nd implement regional mechanisms to consolidate wastewater systems or provide affordable treatment technologies. 86009. Of the funds authorized by Section 86004, up to sixty million dollars ($60,000,000) shall be made available for drinking water infrastructure and/or wastewater improvements on private property, or for interim replacement drinking water supplies. (a) Funds may be used for the following purposes: (1) To conduct water quality testing of drinking water wells. (2) To install and replace laterals, repair or replace private wells or onsite wastewater systems, properly close abandoned wells and septic system infrastructure, and provide infrastructure necessary to connect residences to a public water or wastewater system. (3) To replace interior drinking water plumbing and fixtures that contain lead. (4) To provide interim replacement drinking water supplies. (b) The State board may establish a revolving loan fund to facilitate financing for activities allowable under this section. 8 (c) Priority shall be given to projects that assist low-income homeowners, including mobile home owners, and vulnerable populations. 86010. (a) For the purposes of awarding funding pursuant to this chapter, a local cost share of not less than 50 percent (50%) of the total costs of the project shall be required. The cost-sharing requirement may be waived or reduced for projects that directly benefit a disadvantaged community or an economically distressed area. (b) At least 10 percent (10%) of the funds available pursuant to this chapter shall be allocated for projects serving severely disadvantaged communities. (c) Up to 15 percent (15%) of the funds available pursuant to this chapter may be allocated for technical assistance to disadvantaged communities. The State board shall operate a multidisciplinary technical assistance program for small and disadvantaged communities which may include, but is not limited to, outreach and education, needs assessments, review of alternative approaches to provide communities with safe drinking water or wastewater services, project selection and design, board and operator training, and other technical, managerial, and financial capacity building assistance for utilities serving disadvantaged communities related to providing communities with safe drinking water or wastewater services. The agency may also contract with a nonprofit organization, resource conservation district, or other local agency to provide these services. CHAPTER 5.2. Water Recycling and Desalination. 86020. The sum of four hundred million dollars ($400,000,000) is appropriated from the Fund to the State board to award grants and loans to eligible entities as defined in subdivision (a) of Section 86166 on a competitive basis for wastewater recycling projects. Grants pursuant to this section may be made for all of the following: (a) Water recycling projects, including, but not limited to, treatment, storage, conveyance, brine disposal, and distribution facilities for potable and nonpotable recycling projects. (b) Dedicated distribution infrastructure to serve residential, commercial, agricultural, fish and wildlife habitat, and industrial end-user retrofit projects to allow use of recycled water. (c) Pilot projects for new potable reuse and contaminant removal technology. (d) Multi-benefit recycled water projects that improve water quality. (e) Multi-benefit recycled water projects that protect, conserve and restore wetland and other wildlife habitat. (f) Technical assistance and grant writing assistance related to specific projects for disadvantaged communities and economically distressed areas. 86021. The sum of four hundred million dollars ($400,000,000) is appropriated from the Fund to the State board to award grants to eligible entities as defined in subdivision (a) of Section 86166 on a competitive basis for desalination of brackish groundwater, and other brackish water desalination projects which do 9 not directly negatively affect riparian habitat, estuaries, coastal bays, coastal lagoons, or ocean waters of California as defined by the State board. Grants pursuant to this section must comply with the requirements of this section, and may be made for all of the following: (a) Treatment, storage, conveyance, and distribution facilities. Projects may remove contaminants in addition to salts, but shall be primarily constructed and operated to remove salt. (b) Distribution infrastructure to serve residential, commercial, agricultural, fish and wildlife habitat, and industrial end-user retrofit projects to allow use of desalted water. (c) Multi-benefit salt removal projects that improve water quality. (d) Technical assistance and grant writing assistance related to specific projects for disadvantaged communities and economically distressed areas. (e) Multi-benefit salt removal projects that provide water supply for wetland and other wildlife habitat. (f) Technical assistance and grant writing assistance related to specific projects for disadvantaged communities and economically distressed areas. 86022. No grant made pursuant to this chapter shall exceed fifty percent (50%) of the cost of the project, but this requirement may be eliminated or reduced for that portion of projects that primarily serve disadvantaged communities, economically distressed areas, or wildlife habitat. 86023. Projects funded pursuant to this chapter shall be selected on a competitive basis with priority given to the following criteria: (a) Water supply reliability improvement. (b) Water quality and ecosystem benefits related to decreased reliance on diversions from the Delta or from local rivers and streams, and benefits related to attainment of beneficial uses and water quality objectives in local receiving waters. (c) Public health benefits from improved drinking water quality or supply. (d) Cost-effectiveness, based on the amount of water produced per dollar invested, and othercost­ effectiveness criteria adopted by the State board. (e) Energy efficiency and greenhouse gas emission reductions. (f) Water supply or water quality improvements benefitting disadvantaged communities. (g) Protection and restoration of fish and wildlife habitat, as well as provision of a reliable water supply for fish and wildlife. CHAPTER 5.3. Water Conservation. 86030. The sum of three hundred million dollars ($300,000,000) is appropriated from the Fund to the 10 department for the following purposes: (a) Statewide turf removal program. (1) The program shall provide financial incentives to public and private property owners to convert their irrigated or watered landscaping to drought tolerant plantings, including appropriate low water using plants. The department shall set a maximum amount each applicant can receive, and shall allow greater incentives to low-income homeowners who could not otherwise afford to participate in the landscape water conversion program. No less than seventy-five percent (75%) of the funds allocated to this program shall be spent on programs benefitting residential property owners. The department shall make awards to nonresidential applicants on the basis of cost-effectiveness with respect to water supply. Each grant must reduce water consumption by at least fifty percent (50%) compared to current water use. (2) The most cost-effective projects and those projects that provide the greatest environmental benefits based on the state investment shall receive highest priority for funding. Environmental benefits shall include, but not be limited to, planting appropriate drought resistant native and other plants, reduction in consumptive water use, and increased availability of water for environmental benefits. (3) The department shall not reject or reduce eligibility to residents residing in service areas which have previously offered turf removal rebate programs as long as the resident was not a participant in the program. (4) The department shall cooperate with eligible entities as defined in subdivision (a) of Section 86166 and the California Public Utilities Commission to develop an on-bill repayment mechanism to pay for the consumer's share of the landscape conversion project. (b) Leak detection. (1) Competitive grants on a matching basis to public water systems to reduce leaks in their water distribution systems, eliminate leaks in the water systems of their customers if the water system operator determines that customer leak detection and elimination is a cost-effective way to improve the water system operator's water supply and provides a public benefit, and install instrumentation to detect leaks at residential, institutional, and commercial properties. The department shall make awards on the basis of cost-effectiveness with respect to water supply. Water system operators receiving grants pursuant to this subdivision shall give highest priority to leak detection and water waste elimination programs in disadvantaged communities and economically distressed areas. (2) No grant award shall exceed fifty percent (50%) of the cost of the project. Cost sharing may be reduced or eliminated for a grant award that primarily benefits residential property owners in a disadvantaged community or an economically distressed area. (c) Toilet replacement. Competitive grants on a matching basis to public water systems or eligible entities as defined in subdivision (a) of Section 86166 to replace toilets using more than three gallons per flush with new toilets that conserve water and flush 1.28 gallons per flush or less. The department shall make awards on the basis of cost-effectiveness with respect to water supply. Entities receiving grants pursuant to this subdivision shall give highest priority to toilet replacement programs in disadvantaged communities and economically distressed areas. 11 (d) Water meters. Installation of water meters in disadvantaged communities that are not metered. (e) Energy saving water conservation. Competitive grants on a matching basis to public water systems to undertake water conservation projects that promote saving energy. These projects shall document the greenhouse gas emission reductions coming from water conservation programs. The department shall make awards on the basis of cost-effectiveness with respect to water supply as well as energy savings. Highest priority shall be given to programs in disadvantaged communities and economically distressed areas. (f) In determining how to allocate the funds appropriated pursuant to this section, the department shall determine which technologies are most cost-effective, produce the greatest environmental benefits, and provide the most benefit to disadvantaged communities and economically distressed areas. (g) Any entity receiving a grant pursuant to this section may use grant funds to establish a revolving fund from which the entity may make loans to implement water conservation programs. The interest rate shall be established by the entity, and the entity may charge a reasonable administration fee to be paid along with the interest on the loan over the lifetime of the loan. Payments made on loans made pursuant to this program shall be returned to the revolving fund to be used for additional loans to implement water conservation programs. Loans made pursuant to this section may be for up to 15 years, or for the useful life of the water conservation project, whichever is shorter. 86031. The sum offifteen million dollars ($15,000,000) is appropriated from the Fund to the California Energy Commission for the Water Energy Technology Program to accelerate the deployment of innovative water and energy saving technologies and help continue to make water conservation a California way of life. 86032. (a) The purpose of this section is to help make it possible to improve flows in tributaries to the Delta, and to expedite the transfer of conserved agricultural water while minimizing impacts on water rights holders. (b) The sum of fifty million dollars ($50,000,000} is appropriated from the Fund to the department for matching grants to local agencies to aid in the construction and implementation of agricultural water conservation projects, and for grants in accordance with Section 79158. (c) For the purposes of approving a grant under this section, the department shall determine if there will be a net savings of water as a result of each proposed project and if the project is cost-effective and technically sound. (d) A project under this section shall not receive more than five million dollars ($5,000,000} in grant proceeds from the department. (e) The department shall give preference to the most cost-effective and technically sound projects. (f) Priority shall be given to grants that result in water savings which are used to improve the quality of fish and wildlife through increased flows in tributaries to the Delta. Grants improving internal water district efficiency for other uses and transfers are also eligible for funding. (g) No project may cause adverse impacts to fish or wildlife without mitigating those impacts below a level of significance. The cost of mitigation may be included in grant funds. 12 CHAPTER 5.4. Flood Management for Improved Water Supply. 86040. (a) The sum of two hundred million dollars ($200,000,000} is appropriated from the Fund to the Central Valley Flood Protection Board for: (1) Enlargement and environmental enhancement of existing floodways and bypasses within the jurisdiction of the Central Valley Flood Protection Board, including providing recreation opportunities. (2) Improvement of flood control facilities and environmental enhancement within the jurisdiction of the Central Valley Flood Protection Board. (b) To be eligible for funding under this section, a project shall provide reduced flood risk, reduced liability, or reduced maintenance responsibility for state agencies or local flood control districts or both. (c) The Central Valley Flood Protection Board shall give preference to: (1) Those projects that primarily benefit disadvantaged communities or economically distressed areas. (2) Multi-benefit projects designed to reduce flood risk and enhance fish and wildlife habitat by allowing rivers and floodplains to function more naturally. These projects create additional public benefits such as protecting farms and ranches, improving water quality, increasing groundwater recharge, and providing public recreation opportunities. (3) Those projects that include matching funds, including but not limited to matching funds from other state agencies. Matching fund requirements may be reduced or eliminated to the extent the project directly benefits disadvantaged communities or economically distressed areas. (d) The Central Valley Flood Protection Board may make grants to eligible entities as defined in subdivision (a) of Section 86166 to implement this section. (e) The Central Valley Flood Protection Board may use up to one million ($1,000,000) of these funds to develop a programmatic permit for authorization of habitat restoration and related multi-benefit floodplain restoration projects whose primary purpose is restoration and that meet the criteria described in paragraphs (a) and (b) of this section. (f) Of the amount appropriated in paragraph (a), fifty million dollars ($50,000,000) shall be awarded for matching grants to public agencies to construct flood control improvements to existing dams on rivers in the Sacramento Valley that provide flood protection to urbanized areas. If these funds are not awarded for this purpose by January 1, 2032, they may be used for the other purposes of this section. 86041. (a) The sum of one hundred million dollars ($100,000,000) is appropriated from the Fund to the department for grants to local agencies on a fifty percent (50%) matching basis to repair or reoperate reservoirs that provide flood control either as a principal purpose or as an indirect effect of their operation. Grantees must demonstrate that the proposed repair or reoperation will increase the amount of water stored in those reservoirs that could be put to beneficial use. No funds appropriated under this section shall be used to raise the height of any dam. Spillway modification projects that do not raise the 13 crest height of the dam are eligible for grant funds. (b) (1) To be eligible for funding under this section, a project must provide substantial increases in recreational opportunities, such as trails along river channels, and significant net improvements to fish and wildlife habitat in and adjacent to the river channel downstream of the reservoir, and to the extent compatible with safe reservoir operation, within the reservoir. At least ten percent (10%) of project costs shall be allocated to these recreational and habitat purposes. The funds to carry out these purposes shall be allocated by the department directly to a state conservancy if there is a conservancy with jurisdiction over the area of the project. If there is no conservancy, the Natural Resources Agency's California River Parkways Program shall contract with an eligible entity as defined in subdivision (a) of Section 86166 to carry out these purposes. The agency operating the reservoir being repaired or reoperated shall approve the recreational and habitat elements of the project and shall not charge any fees for review, plan check, permits, inspections, or any other related costs associated with the project, and shall provide permanent operation and maintenance of the entire project, including the habitat and recreational elements. Projects may include grants to eligible entities as defined in subdivision (a) of Section 86166 to implement this paragraph. (2) All costs associated with the requirements of this subdivision may be paid for with funds provided to local agencies by this section, and do not have to be matched by the agency. (c) Grants made pursuant to this section may be for the purpose of seismic retrofit. (d) No grants made pursuant to this section shall be for reservoir maintenance or sediment removal from the reservoir or upstream of the reservoir, except as necessary to complete projects authorized under paragraphs (a), (b), and (c). (e) Applicants shall certify that projects paid for by funds provided by this section will be permanently operated and maintained. (f) First priority shall be given to projects that benefit disadvantaged communities. (g) Projects to assist in the reoperation of eligible reservoirs shall increase water supply for beneficial uses through the purchase and installation of water measuring equipment, acquisition of information systems, and the use of technologies and data to improve reservoir management. (h) (1) A local public agency, Indian tribe or nonprofit organization that receives funding under this chapterto create recreational facilities or wildlife habitat may use up to twenty percent (20%) of those funds to establish a trust fund that is exclusively used to help pay for the maintenance and monitoring of those recreational facilities or wildlife habitat. (2) A local public agency, Indian tribe or nonprofit organization that acquires an interest in land, recreation facilities or wildlife habitat with money from this chapter and transfers the interest in land, recreational facilities or wildlife habitat to another public agency, Indian tribe or nonprofit organization shall also transfer the ownership of the trust fund that was established to maintain that interest in the land, recreational facilities or wildlife habitat. (3) This subdivision does not apply to state agencies. (4) If the local public agency, Indian tribe or nonprofit organization does not establish a trust fund 14 pursuant to this subdivision, the agency, tribe or organization shall certify to the state agency making the grant that it can maintain the land, recreational facilities or wildlife habitat to be acquired or developed from funds otherwise available to the agency, tribe or organization. (5) If the interest in land, recreational facilities or wildlife habitat is condemned or if the local public agency, Indian tribe or nonprofit organization determines that the interest in land, recreational facilities or wildlife habitat is unable to fulfill the purposes for which money from this chapter was expended, the trust fund and any unexpended interest are appropriated to the agency that provided the money. The funds returned to the agency may be utilized only for projects pursuant to this section. (i) The department shall give preference to those projects that coordinate reservoir reoperation with the provision of water for groundwater recharge through conjunctive use or other integrated surface/groundwater projects. 86042. The sum of two hundred million dollars ($200,000,000) is appropriated from the Fund to the San Francisco Bay Restoration Authority to provide matching grants for flood management, wetlands restoration, and other projects consistent with Article 2 (commencing with Section 66704.5) of Chapter 5 of Title 7 .25 of the Government Code. For purposes of this section, matching funds may include funds provided by local governments, regional governments, the federal government, private parties, or other funds raised by the San Francisco Bay Restoration Authority. No grant shall exceed fifty percent (50%) of the cost of the project. 86043. (a)(l) A local public agency, Indian tribe or nonprofit organization that receives funding under this chapterto acquire an interest in land may use up to twenty percent (20%) of those funds to establish a trust fund that is exclusively used to help pay for the maintenance and monitoring of that interest in land. (2) A local public agency, Indian tribe or nonprofit organization that acquires an interest in land with money from this chapter and transfers the interest in land to another public agency, Indian tribe or nonprofit organization shall also transfer the ownership of the trust fund that was established to maintain that interest inland. (3) This subdivision does not apply to state agencies. (b) If the local public agency, Indian tribe or nonprofit organization does not establish a trust fund pursuant to subdivision (a), the agency, tribe or organization shall certify to the state agency making the grant that it can maintain the land to be acquired from funds otherwise available to the agency, tribe or organization. (c) If the interest in land is condemned or if the local public agency, Indian tribe or nonprofit organization determines that the interest in land is unable to fulfill the purposes for which money from this chapter was expended, the trust fund and any unexpended interest are appropriated to the agency that provided the money. The funds returned to the agency may be utilized only for projects pursuant to this chapter. CHAPTER 5.5. Funding for Water Measurement and Information. 86048. The sum of sixty million dollars ($60,000,000) is appropriated from the Fund for water measurement and information systems, as follows: (a) The sum of twenty million dollars ($20,000,000) is appropriated to the department for development of 15 methods and installation of water measuring equipment to improve estimates of water balance, water budgets, diversions and water use to support water allocations, drought management, groundwater management, water quality management and water rights. (b) The sum of ten million dollars ($10,000,000) is appropriated to the State board for development of information systems, technologies, and data that improve the State board's ability to manage water rights. These systems will include, but not be limited to, digitizing and making available the 10 million pages of paper records on water rights within the State board and in other repositories and the creation of a digital repository for water diversion and use data. (c) The sum often million dollars ($10,000,000) is appropriated to the Water Data Administration Fund established pursuant to Section 12420, to be used by the department in consultation with the State board for the purpose of making California water information interoperable, consistent with Part 4.9 of Division 6 of the Water Code. (d) The sum of twenty million dollars ($20,000,000) is appropriated as follows: (1) Five million dollars ($5,000,000) is appropriated to the University of California for its multi­ campus Water Security and Sustainability Research Initiative to develop core elements of a water resources information system, in cooperation with the department and the State board. (2) Five million dollars ($5,000,000) is appropriated to the California Water Institute at California State University, Fresno to undertake research leading to improvement and conservation of water supplies and improved water quality in California. (3) Five million dollars ($5,000,000) is appropriated to the Irrigation Training and Research Center at California Polytechnic State University San Luis Obispo to undertake research leading to improvement and conservation of water supplies and improved water quality in California. (4) Five million dollars ($5,000,000) is appropriated to the Office of Water Programs at California State University, Sacramento to undertake research leading to improvement and conservation of water supplies and improved water quality in California. (5) The institutions of higher education receiving funds pursuant to this paragraph shall work together to assure that their efforts do not conflict or overlap, but are complementary to each other. CHAPTER 5.6. Capture and Use of Urban Runoff and Stormwater. 86050. (a) The sum of four hundred million dollars ($400,000,000) is appropriated from the Fund to the State board for projects to capture and use urban dry weather runoff and stormwater runoff. All grants made pursuant to this section by the State board for construction projects must be to counties or cities, a city and county, or a joint powers authority containing a city, county, or city and county with responsibility for flood control or management. The State board may spend up to fifty million dollars ($50,000,000) for grants to eligible entities as defined in subdivision (a) of Section 86166 to develop Stormwater Resource Plans. Funds available pursuant to this section shall be allocated to projects serving and providing a direct benefit to disadvantaged and severely disadvantaged communities. The State board may use these funds to make grants for technical assistance and outreach to disadvantaged communities. 16 (b) The sum of thirty million dollars ($30,000,000) is appropriated from the Fund to the California Tahoe Conservancy for projects to capture and use dry weather runoff and stormwater runoff in the Lake Tahoe Basin pursuant to Title 7.42 (commencing with Section 66905) of the Government Code. (c) The sum of forty million dollars ($40,000,000} is appropriated from the Fund to the Santa Monica Mountains Conservancy for projects to capture and use dry weather runoff and stormwater runoff pursuant to Division 23 (commencing with Section 33000) of the Public Resources Code in the area defined in paragraph (2) of subdivision (d) of Section 86080. (d) The sum of forty million dollars ($40,000,000) is appropriated from the Fund to the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy for projects to capture and use dry weather runoff and storm water runoff pursuant to Division 22.8 (commencing with Section 32600) of the Public Resources Code. (e) The sum of forty million dollars ($40,000,000} is appropriated from the Fund to the State Coastal Conservancy for projects to capture and use dry weather runoff and stormwater runoff pursuant to Division 21 (commencing with Section 31000) of the Public Resources. (f) Funds spent pursuant to this section shall be used for competitive grants for projects that develop, implement, or improve multi-benefit projects identified and prioritized in Stormwater Resource Plans consistent with Part 2.3 (commencing with Section 10560) of Division 6,as that part may be amended, and shall include as many as possible of the following benefits: capture and treatment of stormwater or dry weather runoff for beneficial uses; removal of pollutants from the captured and treated runoff; creation or restoration of habitat or parkland to capture and treat storm water or dry weather runoff for beneficial uses by using best management practices that improve environmental quality; removal of pollutants from the captured and treated runoff; creation or restoration of habitat or parkland; storage, infiltration or use of the captured and treated runoff to augment local water supplies; creation or restoration of native habitat, trails, park land or other natural open space; reduction of urban heat islands; and provision of other public recreational opportunities. Projects that include wetlands and native habitat or project elements designed to mimic or restore natural watershed functions shall be given the highest priority. (g) Of the amount appropriated pursuant to subdivision (a), at least forty million dollars ($40,000,000} shall be available for projects that reduce the flow of trash and other pollutants: (1) into a National Estuarine Research Reserve, onto beaches, or into near-shore coastal waters in San Diego County, or (2) into San Diego Bay. Priority shall be given to projects that reduce the flow of trash or other pollutants into one or more units of the State Parks System. 86051. (a) Each state agency receiving funds pursuant to this chapter shall require at least a fifty percent (50%) cost share by recipients of grant funds, but may eliminate or reduce the matching requirements for that portion of projects primarily benefiting disadvantaged communities or economically distressed areas. (b) Projects funded by this section must comply with water quality policies or regulations adopted by the State board or the regional water quality control board with jurisdiction over the project. (c) Project costs may include development of decision support tools, data acquisition, and geographic information system data analysis to identify and evaluate the benefits and costs of potentialstormwater capture and reuse projects. 17 (d) Preference shall be granted to projects that divert stormwater or dry weather runoff from storm drains or channels and put it to beneficial use. (e) Agencies receiving funds pursuant to this section shall give high priority to projects benefitting disadvantaged communities. Each agency receiving funds pursuant to this chapter shall allocate at least thirty-five percent (35%) of the funds they receive for projects that benefit disadvantaged communities. (f) In implementing this chapter, each agency receiving funds pursuant to this chapter shall consult with the Natural Resources Agency regarding the integration and prioritization of the habitat, park land, open space, recreational and public use components of storm water and dry weather runoff capture and reuse projects, and shall seek assistance from the Natural Resources Agency in the review and scoring of proposed projects. (g) Projects may prevent stormwater and dry weather runoff from entering storm drains or channels. 86052. Entities defined in subdivision (a) of Section 86166 are eligible to receive funds under subdivisions (b), (c), (d) and (e) of Section 86050. 86053. Funds allocated pursuant to this chapter may be granted to an eligible applicant for single or multiple small-scale projects that are consistent with Chapter 6.5 of Division 2 of the Fish and Game Code, regardless of whether that Chapter is still in effect. Chapter 5.7. Integrated Regional Water Management. 86054. The sum of five million dollars ($5,000,000) is allocated to the department to provide direct funding support to approved Integrated Regional Water Management (IRWM) regional water management groups for the purpose of maintaining ongoing IRWM planning and implementation efforts, thereby sustaining the significant investment made through IRWM for regional collaboration on water management. CHAPTER 6. Watershed, Land, and Fisheries Improvements. CHAPTER 6.1. Watershed Improvement for Water Supply and Water Quality Enhancement. 86080. The sum of two billion three hundred fifty-five million dollars ($2,355,000,000} is appropriated from the Fund to protect, restore and improve the health of watershed lands, including forest lands (including oaks, redwoods and sequoias), meadows, wetlands, chaparral, riparian habitat and other watershed lands, including lands owned by the United States, in order to protect and improve water supply and water quality, improve forest health, reduce fire danger consistent with the best available science, mitigate the effects of wildfires on water quality and supply, increase flood protection, remediate aquifers, or to protect or restore riparian or aquatic resources. No grants made pursuant to this section shall be for reservoir maintenance or sediment removal from a reservoir or upstream of a reservoir, except as necessary for field research required pursuant to subdivision (a). Funds shall be allocated as follows: (a) Two hundred million dollars ($200,000,000) to the Sierra Nevada Conservancy for the protection, restoration and improvement of Sierra Nevada watersheds, pursuant to Division 23.3 (commencing with Section 33300) of the Public Resources Code and including the purposes outlined in Section 33320 of the Public Resources Code. Funds shall also be spent for the implementation and to further the goals and 18 purposes of the Sierra Nevada Watershed Improvement Program. Projects eligible for funding under the Sierra Nevada Watershed Improvement Program may include research and monitoring to measure the impact of forest restoration work on water supply, climate and other benefits, including long-term air quality, water quality and quantity, greenhouse gas emissions, carbon storage, habitat, recreational uses, and community vitality. Projects funded under the Sierra Nevada watershed Improvement Program shall be based on the best available science regarding forest restoration and must be undertaken to improve water supply and quality, protect and restore ecological values and to promote forest conditions that are more resilient to wildfire, climate change, and other disturbances. The Sierra Nevada Conservancy may make grants to federal agencies if it determines such grants are the most efficient way to implement the intent of this division on federally managed lands. (b) Sixty million dollars ($60,000,000) to the California Tahoe Conservancy for the protection and restoration of watersheds of the Lake Tahoe Basin, pursuant to Title 7.42 (commencing with Section 66905) of the Government Code. Funds shall be spent for implementation and to further the goals and purposes of the Lake Tahoe Environmental Improvement Program, pursuant to Article 6 ofChapter 1.692 of Division 5 (commencing with Section 5096.351) of the Public Resources Code. (c) One hundred million dollars ($100,000,000) to the San Francisco Bay Area Conservancy Program of the Coastal Conservancy for the protection and restoration of watersheds of the San Francisco Bay Area, pursuant to Chapter 4.5 of Division 21 of the Public Resources Code (commencing with Section 31160). (d) One hundred eighty million dollars ($180,000,000) for the protection and restoration of watersheds of Los Angeles, Ventura, and Orange Counties as follows: (1) Sixty million dollars ($60,000,000) to the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy for the protection and restoration of the watersheds of the San Gabriel and Lower Los Angeles Rivers pursuant to Division 22.8 (commencing with Section 32600) of the Public Resources Code. (2) Sixty million dollars ($60,000,000) to the Santa Monica Mountains Conservancy, for the protection and restoration of the watersheds of Santa Monica Bay, the Upper Los Angeles River and the Upper Santa Clara River pursuant to Division 23 (commencing with Section 33000) of the Public Resources Code, and the watersheds defined in subdivision (c) of Section 79570. (3) Thirty million dollars ($30,000,000) to the Santa Ana River Conservancy Program of the Coastal Conservancy for the protection and restoration of watersheds of the Santa Ana River pursuant to Chapter 4.6 of Division 21 of the Public Resources Code (commencing with Section31170). (4) Thirty million dollars ($30,000,000) to the Baldwin Hills Conservancy for the protection and restoration of the Baldwin Hills and Ba Ilona Creek watersheds, and for projects to capture dry weather runoff and storm water runoff pursuant to Division 22.7 (commencing with Section 32550) of the Public Resources Code. (e) Forty million dollars ($40,000,000) to the San Diego River Conservancy for the protection and restoration of watersheds in San Diego County pursuant to Division of 22.9 (commencing with Section 32630) of the Public Resources Code. (f) One hundred thirty-five million dollars ($135,000,000) to the State Coastal Conservancy for the protection and restoration of coastal watersheds pursuant to Division 21 (commencing with Section 19 31000) of the Public Resources Code. (g) One hundred fifty million dollars ($150,000,000) for the protection and restoration of the watersheds ofthe Sacramento and San Joaquin Rivers as follows: (1) One hundred million dollars ($100,000,000) to the Sacramento-San Joaquin Delta Conservancy for protection and restoration of the Delta pursuant to Division 22.3 (commencing with Section 32300) of the Public Resources Code. Highest priority shall be given to projects that benefit the restoration of native species and that reduce the negative impacts of excessive salinity intrusion. Highest priority shall also be given to projects that restore habitat important to species listed pursuant to the federal Endangered Species Act (16 U.S.C. Chapter 35) and the California State Endangered Species Act (Fish and Game Code Sections 2050-2100). The funds may also be used for improvement of public recreational facilities in the Delta, and for grants to local agencies and nonprofit organizations to increase community access to parks and recreational opportunities for underserved urban communities in the Delta. The Conservancy may implement programs designed to reduce greenhouse gas emissions from the Delta. (2) Twenty million dollars ($20,000,000) to the San Joaquin River Conservancy for the implementation of the San Joaquin River Parkway pursuant to Division 22.5 (commencing with Section 32500) of the Public Resources Code. (3) Thirty million dollars ($30,000,000) to the Lower American River Conservancy Fund created by Section 5845.9 of the Public Resources Code. The Wildlife Conservation Board shall use these funds to implement Chapter 10.5 of Division 5 of the Public Resources Code (commencing with Section 5845). (h) One hundred and seventy million dollars ($170,000,000) for river parkways, as follows: (1) Seventy million dollars ($70,000,000) to the California Natural Resources Agency for projects pursuant the California River Parkways Act of 2004, Chapter 3.8 (commencing with Section 5750) of Division 5 of the Public Resources Code. The Secretary of the Natural Resources Agency shall allocate at least sixty-five percent (65%) of these funds for projects that benefit disadvantaged communities. With the remaining funds, the Secretary shall seek to benefit poorer communities that do not qualify as disadvantaged communities. (2) Ten million dollars ($10,000,000) to the State Coastal Conservancy for grants to nonprofit organizations and local public agencies to implement river parkway projects for habitat restoration, public recreation, and water quality improvement along the Guadalupe River corridor. (3) Ten million dollars ($10,000,000) to the State Coastal Conservancy for grants to nonprofit organizations and local public agencies to implement river parkway projects for habitat restoration, public recreation, and water quality improvement along the Russian River corridor. (4) Ten million dollars ($10,000,000) to the State Coastal Conservancy for grants to nonprofit organizations and local public agencies to implement river parkway projects for habitat restoration, public recreation, and water quality improvement along the Santa Clara River corridor. (5) Ten million dollars ($10,000,000) to the State Coastal Conservancy for grants to nonprofit organizations and local public agencies to implement river parkway projects for habitat restoration, public recreation, and water quality improvement along the Tijuana River corridor. 20 (6) Ten million dollars ($10,000,000) to the State Coastal Conservancy for grants to nonprofit organizations and local public agencies to implement river parkway projects for habitat restoration, public recreation, and water quality improvement along the Carmel River corridor. (7) Ten million dollars ($10,000,000) to the State Coastal Conservancy for grants to nonprofit organizations and local public agencies to implement river parkway projects for habitat restoration, public recreation, and water quality improvement along the Napa River corridor. (8) Fifteen million dollars ($15,000,000) to the State Coastal Conservancy for river parkway projects within the San Diego Bay watershed. (9) Fifteen million dollars ($15,000,000) to the State Coastal Conservancy for river parkway projects along the Santa Margarita River in San Diego County. (10) Ten million dollars ($10,000,000) to the California Tahoe Conservancy to implement habitat restoration, public recreation, and water quality improvements along the Upper Truckee River corridor. (i) One hundred fifty million dollars ($150,000,000) shall be available for projects that restore, protect and preserve the Los Angeles River and its tributaries, as follows: (1) Seventy-five million dollars ($75,000,000) to the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy pursuant to Division 22.8 (commencing with Section 32600) of the Public Resources Code, and Section 79508 of the Water Code. (2) Seventy-five million dollars ($75,000,000) to the Santa Monica Mountains Conservancy pursuant to Division 23 (commencing with Section 33000) of the Public Resources Code, and Section 79508 of the Water Code. (j) Three hundred million dollars ($300,000,000) to the Wildlife Conservation Board for the following: (1) For the protection and restoration of the watersheds of the Sacramento, Smith, Eel, and Klamath Rivers and other rivers of Marin, Sonoma, Mendocino, Humboldt and Del Norte Counties, and the Carrizo Plain pursuant to Chapter 4 of Division 2 (commencing with Section 1300) of the Fish and Game Code. (2) For protection and restoration of oak woodlands and rangelands pursuant to Division 10.4 (commencing with Section 10330) of the Public Resources Code and Article 3.5 (commencing with Section 1360) of Chapter 4 of Division 2 of the Fish and Game Code. (3) For acquisition and restoration of riparian habitat, migratory bird habitat, anadromous fisheries, wetland habitat and other watershed lands pursuant to Chapter 4 of Division 2 (commencing with Section 1300) of the Fish and Game Code. (4) Grants may include funding to help fulfill state commitments to implement Natural Community Conservation Plans adopted pursuant to Chapter 10 of Division 3 (commencing with Section 2800) of the Fish and Game Code, and to large scale regional Habitat Conservation Plans adopted pursuant to the federal Endangered Species Act (16 U.S.C. Chapter 35). 21 (5) Of the amount made available pursuant to this subdivision, the sum of ten million dollars ($10,000,000) shall be available to assist farmers in integrating agricultural activities with watershed restoration and wildlife protection. Priority shall be given to projects that include partnerships with resource conservation districts. (6) Of the amount made available pursuant to this subdivision, the sum of fifty million dollars ($50,000,000) is appropriated to the Oak Woodlands Conservation Fund established by Section 1363 of the Fish and Game Code, and may be expended pursuant to Article 3.5 of Chapter 4 of Division 2 of the Fish and Game Code. (7) Of the amount made available pursuant to this subdivision, the sum of thirty million dollars ($30,000,000) shall be available for grazing land protection pursuant to the California Rangeland, Grazing Land and Grassland Protection Act, commencing with Section 10330 of Division 10.4 of the Public Resources Code. (8) Of the amount made available pursuant to this subdivision, not less than sixty million dollars ($60,000,000) shall be available for projects that advance the conservation objectives of natural community conservation plans adopted pursuant to the Natural Community Conservation Planning Act, Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code. First priority shall be given to plans that include protection of aquatic ecosystems. Funding pursuant to this paragraph shall not be used to offset mitigation obligations otherwise required. (k) Twenty-five million dollars ($25,000,000) to the Coachella Valley Mountains Conservancy for the protection and restoration of the Coachella Valley watershed pursuant to Division 23.5 (commencing with Section 33500) of the Public Resources Code. (I) One hundred fifty million dollars ($150,000,000) to the Department of Parks and Recreation for protection and restoration of watershed lands within and affecting units of the State Parks System, with high priority to redwood and other forest land important to protecting river and stream flows and quality. In addition to other purposes authorized pursuant to this section, the Department of Parks and Recreation may allocate funds to improve and increase the efficiency and effectiveness of State Park water supply and wastewater treatment systems. (m) Sixty million dollars ($60,000,000) to the Department of Conservation for watershed restoration and conservation projects on agricultural lands, rangelands, managed wetlands, and forested lands. (1) No less than thirteen million dollars ($13,000,000) shall be used for grants pursuant to Section 9084 of the Public Resources Code. (2) No less than thirty-one million dollars ($31,000,000) shall be used for the purposes ofDivision 10.2 (commencing with Section 10200) of the Public Resources Code. (3) Ten million dollars ($10,000,000) shall be used for the Watershed Coordinator Grant Program. (n) One hundred million dollars ($100,000,000) to the California Ocean Protection Council for projects that: (1) reduce the amount of pollutants that flow to beaches, bays, coastal estuaries, and near-shore ecosystems; and (2) protect coastal and near-shore ocean resources from the impacts of rising sea levels, storm surges, ocean acidification and related hazards, including, but not limited to, increasing the resiliency of near-shore ocean habitats. Projects may include, but are not limited to, projects that protect 22 or restore beaches, coastal estuaries and watersheds, bays, and near-shore ecosystems including marine protected areas. Of this amount, the Council shall use at least five million dollars ($5,000,000) for the Local Coastal Program sea level rise grant program that supports Local Coastal Program updates to address sea level rise, including sea-level rise modeling, vulnerability assessments, and adaptation planning and policy development. (o) The sum of two hundred million dollars ($200,000,000) is appropriated from the Fund to the Natural Resources Agency, for water-related projects that implement the Natural Resources Agency's Salton Sea Management Program consistent with provisions of Article 2 (commencing with Section 2940) of Chapter 13 of Division 3 of the Fish and Game Code, and in fulfillment of the obligations of the State of California to comply with the terms of Chapters 611, 612, 613, and 614 of the Statutes of 2003. These statutes were enacted to facilitate the execution and implementation of the Quantification Settlement Agreement, including restoration of the Salton Sea. The Natural Resources Agency may expend these funds on projects that provide multiple benefits of ecosystem restoration, air quality improvement, and economic recovery for severely disadvantaged communities. (1) Of the amount appropriated pursuant to this paragraph, not less than twenty million dollars ($20,000,000) shall be available for purposes consistent with the New River Water Quality, Public Health, and River Parkway Development Program, as described in Section 71103.6 of the Public Resources Code. (2) Of the amount allocated pursuant to this section, the sum of one million dollars ($1,000,000) shall be available for a Salton Sea Integrated Watershed Plan providing technical assistance for, outreach to, and engagement with severely disadvantaged communities. (p) Five million dollars ($5,000,000) to the Delta Stewardship Council for the Delta Science Program as described in Section 85280. (q) Fifty million dollars ($50,000,000) to the department for Urban Streams Restoration Program competitive grants pursuant to Section 7048. The department shall allocate at least sixty-five {65%) of these funds for projects that benefit disadvantaged communities. With the remaining funds, the department shall seek to benefit poorer communities that do not qualify as disadvantaged communities. (r) Twenty million dollars ($20,000,000) to the California Department of Forestry and Fire Protection for grants for urban forestry projects that manage, capture or conserve stormwater, recharge local groundwater supplies or improve water supplies or water quality through infiltration, sediment management and erosion control pursuant to the California Urban Forestry Act, Chapter 2 (commencing with Section 4799.06) of Part 2.5 of Division 4 of the Public Resources Code. (s) Fifteen million dollars ($15,000,000) to the Delta Protection Commission for expenditures, grants, or loans for projects that improve water quality by improving wastewater treatment in Delta legacy communities (as described in section 32301(f) of the Public Resources Code) and at recreational facilities in the Delta. Funds may be expended on wastewater improvement projects serving Delta legacy communities, or Delta legacy community households with failing septic systems which threaten the quality of groundwater or surface water supplies used for urban, agricultural or fisheries purposes. Funds may also be allocated to improve and increase the efficiency and effectiveness of Delta recreational facility wastewater treatment systems. Priority shall be given to projects that address public health hazards. Projects may identify, plan, design, and implement regional mechanisms to consolidate wastewater systems or provide affordable treatment technologies. 23 (t) Twenty million dollars ($20,000,000) to the Department of Parks and Recreation for projects that provide access to rivers for non-motorized recreation, and for grants to eligible entities as defined in subdivision (a) of Section 86166 for this purpose. First priority shall be given to projects that include matching funds, and to projects that serve disadvantaged communities and economically distressed areas, whether or not they include cost sharing. (u) (1) Twenty million dollars ($20,000,000) to the Wildlife Conservation Board for the construction of a Pacific Flyway Center in the vicinity of the Suisun Marsh, to be operated by the California Department of Fish and Wildlife. The Department of Fish and Wildlife may contract with a nonprofit organization to oper_ate the Center. The Center shall be used to educate the public about the importance of California's wetlands, agricultural lands (including rice) and riparian areas in benefitting waterfowl, shorebirds, native plants and animals, the value of wetlands in absorbing gases that cause climate change, and similar educational purposes. The operator of the Center shall make special efforts to bring people, and especially students, from disadvantaged communities to the Center for educational purposes. If the Wildlife Conservation Board determines that all or part of these funds is not needed to complete this project, it may allocate the unneeded part of the funds to the purposes of paragraph (j) of this section. (2) (A) Of the amount appropriated by paragraph (1), the Wildlife Conservation Board may make a grant of up to four million dollars ($4,000,000) to a nonprofit organization whose principal purpose is wildlife conservation to establish a trust fund, the interest from which shall be used exclusively to operate the Pacific Flyway Center and bring people from disadvantaged communities to the Center. (B) With the approval of the Department of Fish and Wildlife, the nonprofit organization can transfer the operation of the Pacific Flyway Center to another nonprofit organization. If such a transfer takes place, the trust fund shall be transferred to the new nonprofit organization. (3) If the funds allocated by this section are not all used to construct the Pacific Flyway Center by January 1, 2028, any remaining funds are appropriated to the Wildlife Conservation Board for the purposes of Section 86123. (v) Eighty million dollars ($80,000,000) to the Coastal Conservancy for the removal of Matilija Dam, and for associated levee and flood control improvements, water supply improvements, and related projects on Matilija Creek and the Ventura River, and for river parkway projects along the Ventura River. The Conservancy may grant all or part of these funds to Ventura County. Highest priority for the river parkway projects shall be those which benefit disadvantaged communities. If the Coastal Conservancy determines that all or part of these funds is not needed to complete this project, it may allocate the unneeded part of the funds to the purposes of paragraph (f) of this section. (w) The sum of twenty-five million dollars ($25,000,000) to the University of California for the Natural Reserve System for matching grants for land acquisition and for the construction and development of facilities that will be used for research and training to improve the management of aquatic ecosystems, natural lands and the preservation or conservation of California's wildlife resources. Priority shall be given to projects that advance research on the impacts of climate change, reduction of greenhouse gas emissions, and adaptation of natural systems to the impacts of climate change. (x) (1) The sum of fifty million dollars ($50,000,000) is appropriated from the Fund to the Sierra Nevada Conservancy for the purpose of awarding grants within the jurisdiction of the Conservancy to eligible entities as defined in subdivision (a) of Section 86166 for the purpose of reducing the threat of wildfires which would negatively impact watershed health. Projects may be for the purp·ose of hazardous fuel 24 reduction, postfire watershed rehabilitation, forest management practices that promote forest resilience to severe wildfire, climate change, and other disturbances, and development of local plans to reduce the risk of wildfires that could adversely affect watershed health. Preference shall be given to grants which include matching funds, but this preference may be reduced or eliminated for grants which benefit disadvantaged communities or economically distressed areas. (2) The sum of fifty million dollars ($50,000,000) is appropriated from the Fund to the Department of Forestry and Fire Protection for the purpose of awarding grants in areas outside the jurisdiction of the Sierra Nevada Conservancy to eligible entities as defined in subdivision (a) of Section 86166 for the purpose of reducing the threat of wildfires which would negatively impact watershed health. Projects may be for the purpose of hazardous fuel reduction, postfire watershed rehabilitation and restoration, forest management practices that promote forest resilience to severe wildfire, climate change, and other disturbances, and development of local plans to reduce the risk of wildfires that could adversely affect watershed health. Preference shall be given to grants which include matching funds, but this preference may be reduced or eliminated for grants which benefit disadvantaged communities or economically distressed areas. 86083. Consistent with the other requirements of this chapter, funds spent pursuant to this chapter may be used for grants to eligible entities as defined in subdivision (a) of Section 86166. Funds awarded to eligible entities may be used for projects on land owned by a state or federal agency. With the exception of funds allocated to grant programs, funds may also be used directly by the state agency receiving the funds to implement watershed improvement projects consistent with this chapter. In making grants pursuant to this chapter, agencies shall give high priority to applications that include cost sharing, and to grants that benefit disadvantaged communities and economically distressed areas whether or not they include cost sharing. 86084. (a) For a project to be eligible for funding pursuant to this chapter, the project shall have watershed protection and restoration, water supply or water quality benefits, or ecosystem benefits relating to rivers, streams, forests, meadows, wetlands or other water-related resources. (b) (1) Funds appropriated pursuant to this chapter may be used for protection and restoration of forests, meadows, wetlands, riparian habitat, coastal resources, and near-shore ocean habitat; to acquire land and easements to protect these resources and avoid development that may reduce watershed health, and to take other measures that protect or improve the quality or quantity of water supplies downstream from projects funded in whole or in part by this chapter. Forest restoration projects, including but not limited to hazardous fuel reduction, post-fire watershed rehabilitation, and forest management and tree planting using appropriate native plants shall be based on the best available science regarding forest restoration and must be undertaken to protect and restore ecological values and to promote forest conditions that are more resilient to wildfire, climate change, and other disturbances. (2) Fuel hazard reduction activities on United States Forest Service lands in the Sierra Nevada and similar forest types shall be generally consistent with objectives of the Sierra Nevada Watershed Improvement Program and the best available science, including United States Forest Service General Technical Report 220 as it may be updated. 86085. Any entity receiving funds pursuant to this chapter that expends funds on private lands shall secure an agreement or interest in the private lands to assure the purpose of the expenditure is maintained for such time as is commensurate with the best practices for the type of project. 25 86086. (a)(l) A local public agency, Indian tribe or nonprofit organization that receives funding for a project pursuant to this chapter may use up to twenty percent (20%} of those funds to establish a trust fund that is exclusively used to help pay for the maintenance and monitoring of that project. (2) A local public agency, Indian tribe or nonprofit organization that acquires an interest in a project with money from this chapter and transfers the interest in the project to another public agency, Indian tribe or nonprofit organization shall also transfer the ownership of the trust fund that was established to maintain that interest in the project. (3) This subdivision does not apply to state agencies. (b) If the local public agency, Indian tribe or nonprofit organization does not establish a trust fund pursuant to subdivision (a), the agency, tribe or organization shall certify to the state agency making the grant that it can maintain the project to be undertaken using funds otherwise available to the agency, tribe or organization. (c) The interest from the trust fund shall be used only to monitor the implementation of a project, and maintain a project and its water supply and water quality benefits implemented pursuant to this chapter. (d) If an interest in a project is condemned or if the local public agency, Indian tribe or nonprofit organization determines that the interest in the project is unable to fulfill the purposes for which money from this chapter was expended, the trust fund and any unexpended interest are appropriated and shall be returned to the agency that provided the money. The funds returned to the agency may be utilized only for projects pursuant to this chapter. 86087. Funds allocated pursuant to this chapter may be granted to an eligible applicant for single or multiple small-scale projects that are consistent with Chapter 6.5 of Division 2 of the Fish and Game Code, regardless of whether that Chapter is still in effect. 86088. By April 30, 2019, the Natural Resources Agency shall recommend provisions for grant approval guidelines to each state agency that receives an appropriation pursuant to this chapter in order to ensure appropriate consistency of the guidelines. Each agency shall consider the recommendations of the Natural Resources Agency as they adopt their own guidelines. 86089. Agencies receiving funds pursuant to this chapter shall give high priority to projects that benefit the native wildlife, birds and fishes of California. CHAPTER 6.2. Land and Water Management for Water Supply Improvement. 86090. The sum of one hundred million dollars ($100,000,000} is appropriated from the Fund to the Wildlife Conservation Board for the purpose of awarding competitive grants to eligible entities as defined in subdivision (a) of Section 86166 to improve the quality of public and private rangelands, wild lands, meadows, wetlands, riparian areas and aquatic areas for the purpose of increasing groundwater recharge and water supply from those lands, and for improving water qualityconsistent with protecting and restoring ecological values. 86091. Funds allocated pursuant to this chapter may be granted to an eligible applicant for single or multiple small-scale projects that are consistent with Chapter 6.5 of Division 2 of the Fish and Game Code, 26 regardless of whether that Chapter is still in effect. 86094. In making grants pursuant to this chapter, the Wildlife Conservation Board shall give highest priority to projects which: (a) Are most cost-effective in producing improved water supply or water quality, and which provide the greatest fish and wildlife benefits. {b) Include matching funds. (c) Benefit disadvantaged communities and economically distressed areas. {d) Are for the purpose of invasive plant control and eradication, restoration of riparian habitat, meadows and wetlands, and other projects that improve the flow of water from the lands, and reduce the use of water by invasive plant species. 86096. For a project to be eligible for funding pursuant to this chapter, the project shall have water supply or water quality benefits or both. A project that targets the removal of invasive plants to increase water supply shall only be funded if the applicant guarantees that the land from which plants will be removed will be maintained. 86097. (a)(l) A local public agency, Indian tribe or nonprofit organization that receives funding under this chapter may use up to twenty percent {20%) of those funds to establish a trust fund that is exclusively used to help pay for the maintenance and monitoring of the funded project. {2) A local public agency, Indian tribe or nonprofit organization that undertakes a project with money from this division and can no longer maintain the project shall transfer the ownership of the trust fund to another public agency, Indian tribe or nonprofit organization that is willing and able to maintain that project. (3) This subdivision does not apply to state agencies. (b) If the local public agency, Indian tribe or nonprofit organization does not establish a trust fund pursuant to subdivision (a), the agency, tribe or organization shall certify to the state agency making the grant that it can maintain the project in an appropriate condition. (c) The interest from the trust fund established from the funds available pursuant to this section shall be used only to maintain a project and its water supply and water quality benefits implemented pursuant to this chapter. {d) If the interest in a project is condemned or if the local public agency, Indian tribe or nonprofit organization determines that the interest in the project is unable to fulfill the purposes for which money from this chapter was expended, the trust fund and any unexpended interest are appropriated and shall be returned to the Wildlife Conservation Board. The funds returned may be utilized only for projects authorized by this chapter. 86098. In implementing this chapter, the Wildlife Conservation Board may provide incentives to landowners for conservation actions on private lands or use of voluntary habitat credit exchange mechanisms. 27 86099. At least ten percent {10%) of the funds available pursuant to this section shall be allocated for projects that provide a direct benefit to disadvantaged communities. These benefits may include range improvement, among other benefits. These projects may include technical assistance for, outreach to, and engagement with disadvantaged communities. CHAPTER 6.3. Conservation Corps. 86105. The sum of forty million dollars ($40,000,000) is appropriated from the Fund to the California Conservation Corps for projects to protect, restore, and improve the health of watershed lands, including forest lands, meadows, wetlands, chaparral, riparian habitat and other watershed lands. Projects may include, but are not limited to, regional and community fuel hazard reduction projects on public lands, invasive species removal, and stream, river, and riparian restoration projects. The California Conservation Corps shall allocate at least fifty percent (50%) of the funds pursuant to this section for grants to certified local conservation corps. Projects shall improve water quality, water supply reliability, or riparian or watershed health. Projects shall be undertaken in coordination with a nonprofit organization or public agency. CHAPTER 6.4. Central Valley Fisheries Restoration. 86106. (a) The people of California find and declare that the protection, restoration and enhancement of native fish populations (including anadromous salmonids) of the Central Valley is necessary for the ecological and economic health of the State of California. (b) Fish need both suitable habitat and appropriately timed flows in rivers and their tributaries. (c) The State Water Resources Control Board shall take note of the funding provided by this chapter and the resulting fish habitat restoration as the Board determines flows necessary to restore Central Valley native fish populations and fisheries. (d) Many state and federal agencies, including the Department of Water Resources, Department of Fish and Wildlife, Delta Stewardship Council, Delta Conservancy, Wildlife Conservation Board, Central Valley Flood Protection Board, and federal Bureau of Reclamation, United States Fish and Wildlife Service, and National Marine Fisheries Service have prepared policies and plans to restore Central Valley native fish and fisheries habitat, but these policies and plans are not fully funded. (e) Many state and federal laws require the restoration of Central Valley native fish populations and fisheries habitat, but funding has not been fully available to carry out the requirements of these laws. (f) The sum of four hundred million dollars ($400,000,000) is appropriated from the Fund to the California Natural Resources Agency for the restoration of Central Valley populations of native fish and fisheries habitat. (1) (A) The Secretary of the Natural Resources Agency shall appoint a Central Valley Fisheries Advisory Committee made up of representatives from the Central Valley Salmon Habitat Partnership, appropriate local, state and federal fish and water management and other agencies, nonprofit organizations, commercial fishing organizations, universities, local agencies and Indian tribes with relevant scientific expertise including representation from the upper watersheds. The committee shall advise the Secretary on the annual expenditure of funds appropriated pursuant to this Chapter. The 28 committee may solicit projects, and direct the creation of projects pursuant to this chapter, subject to approval by the Secretary. (B) The committee shall work closely with representatives from each river basin in the Central Valley, including local government and water agencies, Indian tribes, and nonprofit.organizations, to develop projects that are most suitable for the conditions in the basin, and which meet the other requirements of this section. (C) In proposing projects, the committee shall take into account the entire life cycle of the fish species to be benefitted, and shall consider the interaction of the effects of each project within a river basin with projects in other river basins. The committee shall also consider adverse impacts resulting from poor watershed health, including severe wildfire and extensive tree mortality. (2) Projects funded pursuant to this section shall increase self-sustaining populations of native fish, or contribute to an existing fish population becoming self-sustaining in the future, with a minimal requirement of expenditures to continue to operate the project. No funds may be expended on fish hatcheries. (3) The committee shall give high priority to projects that provide multiple benefits, such as improved flood management, improved water quality, improved water supply, enhanced groundwater sustainability, aquifer remediation and reduction of emission of greenhouse gases, while also improving conditions for native fish species and their habitats. The committee shall also give high priority to projects that can be integrated into an existing flow regime and provide multi-species benefits over a range of flow conditions. The committee shall also give high priority to projects that are consistent with recovery plan and resiliency strategies for native California fish species. (4) Expenditures shall be for capital outlay projects, such as conservation easements, water measurement needed to measure the effects of the project, projects that restore or enhance fisheries habitat such as floodplain expansion, reintroductions of fish into their historical habitat, improved fish passage opportunities, creation or enhancement of spawning and rearing habitat and other projects. Acquisition of land or easements as part of a fisheries enhancement project must be from willing sellers. Project costs shall include the costs of planning, environmental review, mitigation of the impacts of the project, and permitting. High priority shall be given to projects that provide adult and juvenile fish access to or fish passage through agricultural fields or floodplain habitats that will provide enhanced juvenile rearing and food production opportunities. (5) Of the funds authorized by this section, the Secretary of the Natural Resources Agency may allocate up to ten million dollars ($10,000,000) for one or more grants for capital outlay and related programmatic purposes to institutions of higher education for facilities that can be used to improve scientific and technical coordination, communication and training among those institutions, the department, the Department of Fish and Wildlife, the State board and other state agencies to assure that developments in ecosystem and fisheries science and management are deployed and employed across higher education institutions and state government agencies. (g) Based on the recommendations of the committee, the Secretary of the Natural Resources Agency may make grants to any state or local agency, Indian tribe, or nonprofit organization to carry out the purpose of this section. The Secretary shall give high priority to projects that include matching funds, projects with a local agency as the lead agency, and projects supporting proposed actions in the Sacramento Valley Salmon Resiliency Strategy (as published by the California Natural Resources Agency in June 2017, and as 29 it may be amended), the National Marine Fisheries Service California Central Valley Steel head Recovery Plan and other similar strategies as they are adopted. (h) Of the amount appropriated pursuant to this section, not less than thirty-five million dollars ($35,000,000) shall be available for projects to restore rivers and streams in support of fisheries and wildlife, including, but not limited to, reconnection of rivers with their floodplains, riparian and side­ channel habitat restoration pursuant to the California Riparian Habitat Conservation Program, Chapter 4.1 (commencing with Section 1385) of Division 2 of the Fish and Game Code, and restoration and protection of upper watershed forests and meadow systems that are important for fish and wildlife resources. Subdivision (f) of Section 79738 of the Water Code applies to this subdivision. Priority shall be given to projects supported by multi-stakeholder public or private partnerships, or both, using a science­ based approach and measurable objectives to guide identification, design, and implementation of regional actions to benefit salmon and steelhead. (i) Of the amount appropriated pursuant to this section, five million dollars ($5,000,000) shall be available to assist in the development of the Central Valley Salmon Partnership Habitat Implementation Plan. (j) The Secretary shall give high priority to the removal of Dennett Dam on the Tuolumne River, if additional funds are still needed to complete removal of the Dam. (k) A local public agency, Indian tribe or nonprofit organization receiving funding under this chapter may use up to twenty percent (20%) of those funds to establish a trust fund, the proceeds of which shall be used exclusively to pay or help pay for the maintenance and monitoring of the project being funded. (1) If the local public agency, Indian tribe or nonprofit organization is unable to continue to maintain and monitor the project, it may transfer ownership of the trust fund to another public agency, Indian tribe or nonprofit organization, with the approval of the Secretary of the Natural Resources Agency. (2) This subdivision does not apply to state agencies. (3) If the local public agency, Indian tribe or nonprofit organization does not establish a trust fund pursuant to paragraph (1), the agency, tribe or organization shall certify to the Secretary of the Natural Resources Agency that it can maintain the project from funds otherwise available to the agency, tribe or organization. (4) If all or part of the project cannot be maintained or is condemned, the trust fund and any unexpended interest are appropriated to the California Natural Resources Agency. The funds returned to the Agency may be utilized only for projects pursuant to this chapter. (I) Of the amount appropriated to the California Natural Resources agency pursuant to this section, seven million dollars ($7,000,000) is appropriated to the Department of Fish and Wildlife for native fish restoration projects on the upper Feather River below Oroville dam for gravel restoration, stream bed restoration, and salmon habitat restoration projects. CHAPTER 7. Groundwater Sustainability and Storage. 86110. (a) The sum of six hundred seventy-five million dollars ($675,000,000) is appropriated from the Fund to the department for projects and programs that support sustainable groundwater management 30 consistent with Part 2.74 of Division 6 (commencing with Section 10720). The funds shall be used for competitive grants that advance sustainable groundwater management through implementation of groundwater sustainability plans and projects that protect, enhance, or improve groundwatersupplies. At least ten percent (10%) of all grants made pursuant to this paragraph shall be made to groundwater sustainability agencies whose groundwater basins underlie disadvantaged communities. (b) The sum of ten million dollars ($10,000,000) is appropriated from the fund to the State board, for use by the Office of Sustainable Water Solutions to implement a multidisciplinary technical assistance program for small and disadvantaged communities, and support the involvement of disadvantaged communities and the public in groundwater sustainability agencies and in the development and implementation of groundwater sustainability plans. 86111. (a) Of the funds authorized by section 86110, six hundred forty million dollars ($640,000,000) shall be available for grants to groundwater sustainability agencies implementing groundwater sustainability plans pursuant to subdivision (k) of Section 10721 for the following purposes: (1) Groundwater recharge and storage projects including but not limited to acquisition of land and groundwater pumping allocations from willing sellers, planning of facilities such as feasibility studies and environmental compliance, distribution systems, and monitoring facilities. No grant made pursuant to this section shall exceed twenty million dollars ($20,000,000). (2) Projects that implement groundwater sustainability plans pursuant to Part 2.74 of Division 6 (commencing with Section 10720). Projects eligible for funding include but are not limited to feasibility studies, environmental compliance, engineering work used to develop groundwater use and sustainable yield for specific projects, well use measurement and innovative decision support tools. (3) Projects that assess and address saltwater intrusion including future impacts related to climate change. (4) Matching grants to groundwater sustainability agencies to develop groundwater sustainability plans pursuant to subdivision (k) of Section 10721. No grant shall exceed one million dollars ($1,000,000), and no groundwater sustainability agency shall receive more than one grant. (b) Of the funds authorized by this section, the sum of five million dollars ($5,000,000) shall be available for research to guide investments made pursuant to this section. Research activities may include, but are not limited to, geophysical surveys, system-level modeling and analysis, development of novel methods and tools that can be applicable to local decision-making, cross-sector economic and policy analysis of novel recharge methods, and development of new approaches to significantly enhance groundwater recharge and fit-for-purpose watertreatment and reuse. (c) Of the funds authorized by this section, the department may allocate up to ten million dollars ($10,000,000) for the development of publicly accessible decision support tools to assist groundwater sustainability agencies in conducting drinking water quality analysis, including the development and assessment of sustainable yield, undesirable results, measurable objectives and other required targets. The decision support tools should also support vulnerability assessments to help determine communities that may be at risk of facing water supply or contamination challenges. The tools should be available for other efforts such as drought vulnerability assessments and shall be linked to the Human Right to Water indicator housed at the State board. 31 (d) Of the funds authorized by this section, the department may allocate up to five million dollars ($5,000,000) for one or more grants for capital outlay and related programmatic purposes to institutions of higher education for facilities that can be used to improve communication and coordination among these institutions, the department and the State board in order to assure that developments in groundwater science and management are efficiently deployed and employed across higher education institutions and state government agencies. (e) A local public agency, Indian tribe or nonprofit organization receiving funding under this section may use up to twenty percent (20%) of those funds to establish a trust fund used exclusively to pay or help pay for the maintenance and monitoring of the agency's or organization's interest in land acquired pursuant to th is· section. (1) If the local public agency, Indian tribe or nonprofit organization that acquired an interest in land with money from this section decides to transfer that interest to another public agency, Indian tribe or nonprofit organization, the ownership of the trust fund established to maintain that interest in land shall also be transferred. (2) This subdivision does not apply to state agencies. (3) If the local public agency, Indian tribe or nonprofit organization does not establish a trust fund pursuant to this subdivision the agency, tribe or organization shall certify to the state agency making the grant that it can maintain the land to be acquired from funds otherwise available to the agency, tribe or organization. (4) If the interest in land is condemned or if the local public agency, Indian tribe or nonprofit organization determines that the interest in land is unable to fulfill the purposes for which money from this chapter was expended, the trust fund and any unexpended interest are appropriated to the agency that provided the money. The funds returned to the agency may be utilized only for projects pursuant to this chapter. 86112. (a) The department shall give priority for funding pursuant to this chapter to the following in equal priority: (1) Groundwater basins designated by the department as critically overdrafted basins, groundwater basins which are in danger of becoming critically overdrafted, and groundwater basins where surface and groundwater are interconnected. (2) Groundwater basins with documented water quality problems, land subsidence, impacts on surface streams or groundwater dependent. ecosystems, or other undesirable results as defined by subdivision (x) of Section 10721. (3) Groundwater basins that protect important state-owned resources, such as state parks and wildlife areas. (4) Projects that support the use of floodwaters of acceptable water quality to recharge groundwater basins. This innovative multi-benefit concept brings together four important California water management objectives, including flood hazard reduction, sustainable groundwater management, ecosystem restoration, and water supply reliability. 32 (A) Projects may include adaptive modification of flood and conservation storage operations at reservoirs, modifications to spillway facilities at existing reservoirs, inundation of new or expanded flood bypasses or temporary flood storage land areas, application of floodwaters to agricultural lands during fallow or dormant seasons, or increased use of existing groundwater recharge facilities. (B) Projects may include using floodwaters for recharge of groundwater projects, with both flood hazard reduction and groundwater sustainability benefits. (C) Projects that provide benefits in flood hazard reduction and groundwater sustainability. Project feasibility can also be supported by ecosystem restoration and water supply benefits. (b) Of the amount appropriated in section 86110, the department may use up to ten million dollars ($10,000,000) for the following purposes: (1) Assess statewide potential for use of floodwaters for recharge and prioritize locations based upon proximity and conveyance connections in the State with flood hazard reduction and groundwater sustainability needs. (2) Complete a pilot study of a priority location to demonstrate potential water resources management innovations to facilitate flood hazard reduction and groundwater recharge. (3) Identify and demonstrate use of analytical tools and innovative water management techniques to support development of available floodwaters and recharge of groundwater basins. (4) Develop economic monetization techniques of groundwater recharge benefits. (5) Demonstrate application of the department's climate change methodology to both water supply and flood management applications. (6) Provide technical assistance to groundwater sustainability and local flood management agencies, as well as coordination with state and federal flood agencies. (c) The department shall consider the following criteria when awarding grants: (1) The potential of the project to prevent or correct undesirable results due to groundwater use. (2) The potential of the project to maximize groundwater storage, reliability, recharge or conjunctive use. (3) The potential of the project to support sustainable groundwater management. (4) The annualized cost-effectiveness of the project to achieve the goals of the Sustainable Groundwater Management Act, Chapter 2.74 of Division 6 (commencing with Section 10720). (d) Eligible entities as defined in subdivision (a) of Section 86166, including groundwater sustainability agencies, shall be eligible for grants. Priority for funding shall be given to local agencies implementing the Sustainable Groundwater Management Act. 33 (e) For purposes of awarding funding under this chapter, a local cost share of not less than fifty percent (50%) of the total cost of the project shall be required. The cost-sharing requirement may be waived or reduced for that portion of a project that directly benefits a disadvantaged community or economically distressed area, or for projects the majority of whose benefits are to restore ecosystems dependent on groundwater. (f) No grant may be made unless the Department of Fish and Wildlife certifies that harm done to fish or wildlife as a result of the project will be mitigated to ensure any potential impacts are less than significant. (g) Eligible projects may include such infrastructure improvements such as improved canal and infiltration capacity. 86113. (a) For purposes of this section, "District" means the Borrego Water District. (b) Of the amount appropriated in Section 86110, thirty-five million dollars ($35,000,000) shall be awarded as a grant to the District for the following programs: (1) Acquisition of land and acquisition of the right to pump groundwater from willing sellers to reduce groundwater pumping in order to bring groundwater pumping within the boundaries of the Borrego Springs Subbasin of the Borrego Valley Groundwater Basin to a level that is sustainable on a long­ term basis pursuant to the Sustainable Groundwater Management Act, Chapter 2.74 of Division 6 (commencing with Section 10720). Lands acquired may be transferred to the Department of Parks and Recreation, a nonprofit organization or another public agency for future management. (2) Water end-use efficiency, including urban and agricultural water conservation, and water conservation on recreational facilities such as golf courses. (3) Restoration of lands acquired pursuant to this section. (4) Stormwater capture for groundwater basin recharge and re-use. (5) other District projects implementing the Sustainable Groundwater Management Act. (c) (1) No cost sharing by the District is required to implement this section. This is justified because the community of Borrego Springs is a severely disadvantaged community, and because excessive groundwater pumping can impact important resources in Anza-Borrego Desert State Park whose 500,000 annual visitors contribute an estimated forty million dollars ($40,000,000) annually to the region, as well as support 600 jobs. (2) The District may require cost sharing by beneficiaries when making grants pursuant paragraphs (2) and (4) of subdivision (b). (d) As a condition of this grant, the District must agree to: (1) Implement measures which assure that lands not presently being irrigated will not come into irrigation, and that presently irrigated lands will not become more intensively irrigated; and 34 (2) Require new development to pay all costs of water purchases the District incurs, and all costs of water projects the District undertakes in order to accommodate that development. (e) (1) The District or a nonprofit organization that receives funding pursuant to this chapterto acquire an interest in land may use up to twenty percent (20%) of those funds to establish a trust fund that is exclusively used to help pay for the maintenance, monitoring and restoration of that interest in land. (2) The District or a nonprofit organization that acquires an interest in land with money from this chapter and transfers the interest in land to another public agency or nonprofit organization shall also transfer the ownership of the trust fund that was established to maintain that interest in land. (3) This subdivision does not apply to state agencies. (4) If the District or nonprofit organization does not establish a trust fund pursuant to this subdivision, the agency or organization shall certify to the department that it can maintain the land to be acquired from funds otherwise available to the agency or organization. (5) If the interest in land is condemned or if the District or nonprofit organization determines that the interest in land is unable to fulfill the purposes for which money from this chapter was expended, the trust fund and any unexpended interest are appropriated to the District. The funds returned to the District may be utilized only for projects pursuant to this chapter. (f) Any funds not needed by the District to implement the program described in this section may be granted by the District to a nonprofit organization or the California Department of Parks and Recreation to acquire lands adjacent to or in the immediate proximity of Anza-Borrego Desert State Park to prevent development or irrigation of that land which might impact groundwater resources in the Park. These lands may be inside or outside the boundaries of the District, but must be within the boundaries of the Borrego Springs Subbasin of the Borrego Valley Groundwater Basin, which is the source of all potable water for the Borrego Springs community and visitors to the Park. The lands may be used for wildlife habitat. (g) The District may award grants to nonprofit organizations in order to carry out all or part of the programs authorized by this section. CHAPTER 8. Water for Wildlife, Pacific Flyway Restoration, and Dynamic Habitat Management. 86120. The sum of three hundred million dollars ($300,000,000) is appropriated from the Fund to the Wildlife Conservation Board (hereinafter in this section "the Board") to acquire water from willing sellers and to acquire storage and delivery rights to improve conditions for fish and wildlife in streams, rivers, wildlife refuges, wetland habitat areas and estuaries. High priority shall be given to meeting the water delivery goals of the Central Valley Project Improvement Act (Title 34 of Public Law 102-575). The Board may arrange for acquisition, long-term lease agreements, or transfer of water rights if it determines such actions are beneficial to wildlife conservation. The Board may sell, transfer, or store water or storage rights purchased pursuant to this section, if the Board finds that the sale, transfer or storage will not cause harm to fish and wildlife. In years when the Board does not require the water for fish and wildlife purposes, the Board may temporarily sell or lease the water or delivery rights. Notwithstanding Section 13340 of the Government Code, the proceeds of any water sales pursuant to this section by the Board are appropriated directly to the Board without regard to fiscal year. The Board shall use the proceeds of the sale, lease or transfer of water or delivery rights to achieve conservation purposes authorized by this 35 section. The acquisition of water using funds expended pursuant to this chapter shall only be used for projects that will provide fisheries, wildlife or ecosystem benefits. 86121. The sum of fifty million dollars ($50,000,000) is appropriated from the Fund to the California Department of Fish and Wildlife for the purpose of improving water supply and water qualityconditions for fish and wildlife on private lands. The California Department of Fish and Wildlife may provide incentives to landowners for conservation actions on private lands or use of voluntary habitat credit exchange mechanisms. Such incentives shall be designed to be appropriately flexible and responsive to the highly variable amounts of water required by fish and wildlife. The Department of Fish and Wildlife shall use a portion of the funds provided by this section to develop a programmatic authorization to expedite approval of habitat restoration and water quality improvement projects not covered under Chapter 6.5 of Division 2 of the Fish and Game Code, and for the implementation of that Chapter. 86122. The sum of three hundred million dollars ($300,000,000) is appropriated from the Fund to the Wildlife Conservation Board for coastal and Central Valley salmon and steelhead fisheries restoration projects. The Wildlife Conservation Board shall give priority to projects that contribute to the recovery of salmon and steelhead species listed pursuant to the state or federal endangered species acts, to enhance commercial and recreational salmon fisheries and to achieve the goals of Chapter 8 of Part 1 of Division 6 (commencing with Section 6900) of the Fish and Game Code. (a) Of the amount appropriated by this section, up to one hundred million dollars ($100,000,000) shall be spent for matching grants to local agencies for capital outlay projects to implement programs to improve fish passage opportunities and to restore anadromous salmonid habitats, particularly juvenile rearing habitat for spring run salmon, on rivers in the Sacramento Valley that have dams blocking the main stem of the river. (b) Of the amount appropriated by this section, at least one hundred million dollars ($100,000,000) shall be spent to install fish screens on the Sacramento and San Joaquin Rivers and their tributaries and in the Delta to screen anadromous fish from water intakes. High priority shall go to projects identified as high priority in the Sacramento Valley Salmon Resiliency Strategy (as published by the California Natural Resources Agency in June 2017, and as it may be amended). 86123. (a) The sum of two hundred eighty million dollars ($280,000,000) is appropriated from the Fund to the Wildlife Conservation Board for projects to protect migratory birds through habitat acquisition, easements, restoration, or other projects, and to provide water for wildlife refuges and wildlife habitat areas to fulfill the purposes identified in the Central Valley Joint Venture Implementation Plan, as it may be amended, including: (1) Projects to implement this section which may include conservation actions on private lands. (2) Protection and restoration of riparian and wetland habitat in the Sacramento River Basin. (3) Protection and restoration of riparian and wetland habitat in the San Joaquin and Tulare Basins. (b) Of the amount appropriated by this section, forty million dollars ($40,000,000) shall be deposited in the California Waterfowl Habitat Preservation Account established pursuant to Section 3467 of the Fish 36 and Game Code, for the purposes of implementing the California Waterfowl Habitat Program pursuant to Article 7 (commencing with Section 3460) of Chapter 2 of Part 1 of Division 4 of the Fish and Game Code, the California Landowner Incentive Program of the Department of Fish and Wildlife, the Permanent Wetland Easement Program of the Wildlife Conservation Board, and the establishment or enhancement of waterfowl nesting and other wildlife habitat cover on fallowed lands including projects authorized pursuant to Section 1018. (c) Of the amount appropriated by this section, ten million dollars ($10,000,000) shall be deposited in the Shared Habitat Alliance for Recreational Enhancement (SHARE) Account established pursuant to Section 1572 of the Fish and Game Code and administered by the Department of Fish and Wildlife for the purposes of providing hunting and other wildlife-dependent recreational opportunities to the public through voluntary agreements with private landowners. (d) Of the amount appropriated by this section, at least one hundred and ten million dollars ($110,000,000) shall be expended for acquisition and delivery of water to wildlife refuges, and associated infrastructure projects, to achieve full compliance with the terms of subsection (d) of Section 3406 of the Central Valley Project Improvement Act (Title 34 of Public Law 102-575). CHAPTER 8.6. Sacramento Region Water Reliability and Habitat Protection. 86124. (a) Ten million dollars ($10,000,000) is appropriated from the Fund to the department for grants to the Regional Water Authority and to the City of Sacramento on behalf of the Sacramento Area Water Forum for projects that are consistent with the coequal objectives of the Water Forum Agreement. Eligible projects include facilities, studies and other actions to improve flow and temperature conditions and habitat in the lower American River, increase water use efficiency and conservation, or improve the integration of surface water and groundwater supplies to provide for dry year water supply reliability. (b) The Regional Water Authority and the Water Forum shall jointly develop and approve studies, projects, or programs to be funded by the grants. Highest priority shall be given to improving water temperature conditions in the lower American River, and to projects or programs that contribute to both of the Water Forum's coequal objectives of improving water supply and protecting the environment. The Regional Water Authority will be the grantee for water supply and water efficiency projects. The City of Sacramento, on behalf of the Water Forum, will be the grantee for environmental protection, water temperature studies, and habitat restoration projects. (c) The amount allocated in aggregate to the package of projects shall not exceed fifty percent (50%) of the projects' total cost. (d) No funds appropriated pursuant to this section may be spent to build new surface storage or raise existing reservoirs. CHAPTER 9. Bay Area Regional Water Reliability. 86125. Two hundred and fifty million dollars ($250,000,000) is appropriated from the Fund to the department for a grant to the group of eight water agencies collectively known as the Bay Area Regional Reliability Partnership (BARR) for new facilities that extend the benefits of surface water storage for region-wide benefits in any of the following areas: drought supply reliability, drinking water quality, and emergency storage, as generally described in the Final Mitigation Project List contained in the San Francisco Bay Area Regional Reliability Drought Contingency Plan. The Contra Costa Water District may 37 receive the grant on behalf of the Partnership unless the BARR Partnership has a governance structure in place at the time of the grant award that makes its eligible to receive the funds directly. The participating water agencies in the San Francisco Bay Area Regional Reliability Drought Contingency Plan will determine and designate funds to one or any of the listed projects, however in no case will the amount determined for any single project be more than 50% of the project's total cost. No funds appropriated pursuant to this section may be spent to build new surface storage, or raise existing reservoirs. CHAPTER 10. Improved Water Conveyance and Water Conservation. 86126. Even though the drought has eased, the effects of the drought are still being felt in many areas throughout the state, including the San Joaquin Valley. Further exacerbating the impact of drought conditions on water users were legal requirements restricting pumping from the Sacramento-San Joaquin Delta. One of the consequences of both the drought and pumping restrictions was a significant increase in groundwater pumping as a means to replace reduced surface supplies. Such increase in groundwater pumping lowers groundwater tables, which in turn causes wells to go dry and land to subside, which has particularly been the case on the east side of the San Joaquin Valley. The Friant-Kern Canal has lost 60% of its capacity to convey water for both consumptive uses and groundwater recharge. Unless conveyance capacity is restored and increased, the subsidence will continue to get worse and those local communities, including disadvantaged communities, who largely rely on groundwater to serve their citizens, will continue to suffer adverse effects. Significant public benefits will result from this state investment, including avoiding increased unemployment, stabilization of groundwater, and securing a more stable food supply for California. 86127. The sum of seven hundred fifty million dollars ($750,000,000) is appropriated from the Fund to the department for a grant to the Friant Water Authority for water conveyance capital improvements, including restored and increased conveyance capacity to and in the Madera and Friant-Kern canals, resulting in greater groundwater recharge, improved conveyance and utilization of floodwaters, and for water conservation. Improvements with funds provided by this paragraph shall be completed consistent with applicable state and federal laws and contracts. 86128. The sum of one hundred million dollars ($100,000,000) is appropriated from the Fund to the Natural Resources Agency for actions that support projects defined in paragraph 11 in the settlement agreement to restore the San Joaquin River referenced in Section 2080.2 of the Fish and Game Code. Before expenditure may occur, formal concurrence on specific projects to be undertaken is required by the settling parties to the agreement. 86129. The diversion of water from Barker Slough to the North Bay Aqueduct adversely impacts listed fish species, and also adversely impacts water quality served to a large urban area. There would be multiple public benefits to relocating the diversion to the North Bay Aqueduct to the Sacramento River. 86130. The sum of five million dollars ($5,000,000} is appropriated from the fund to the department to plan for a diversion of water from the Sacramento River to the North Bay Aqueduct to reduce the adverse impact on listed fish species, and provide a higher quality of drinking water to those served by the Aqueduct. CHAPTER 11. Oroville Dam Flood Safety. 38 86131. Oroville Dam provides flood control for the Sacramento Valley. The inclusion of flood control at Oroville Dam was not an obligation of the public water agencies that receive water from Oroville Dam. The flood control function of Oroville Dam was paid for by the federal government. 86132. The sum of two hundred million dollars ($200,000,000) is appropriated from the Fund to the department for repair and reconstruction of the spillways at the Oroville Dam. 86133. The sum of twenty-one million dollars ($21,000,000) is appropriated from the Fund to the department. Fifteen million dollars ($15,000,000) shall be spent for Feather River sediment management and removal between Live Oak and Verona in coordination with the Sutter Butte Flood Control Agency. Six million dollars ($6,000,000) of these funds shall be awarded as a grant to the Sutter Butte Flood Control Agency for floodwater attenuation projects at the Oroville Wildlife Area that provide downstream flood control relief and ecosystem restoration. 86134. The sum of one million dollars ($1,000,000) is appropriated from the Fund to the department for a grant to Butte County for capital outlay projects and equipment for emergency preparedness coordination and communications consistent with the California Office of Emergency Services Standardized Emergency Management System (SEMS). CHAPTER 12. General Provisions. 86151. (a) In projects involving voluntary habitat restoration, water quality improvement and multi­ benefit floodplain restoration each agency administering provisions of this division shall encourage interagency coordination and develop and utilize efficient project approval and permitting mechanisms, including but not limited to the provisions of Chapter 6.5 of Division 2 of the Fish and Game Code (regardless of whether that chapter is still in effect) and programmatic permits for voluntary habitat restoration, so as to avoid project delays and maximize the amount of money spent on project implementation. (b) Projects designed to primarily protect migratory birds through acquisition, easements, restoration or other projects shall be consistent with the plans and recommendations established by the federal Migratory Bird Joint Venture partnerships that encompass parts of California. (c) Any agency providing funds pursuant to this division to disadvantaged communities or economically distressed areas may provide funding to assist these communities in applying for that funding, including technical and grant writing assistance. These funds may be provided to nonprofit organizations and local public agencies assisting these communities. (d) Any agency receiving funds pursuant to this division may contract for the services ofresource conservation districts pursuant to Section 9003 of the Public Resources Code. (e) Agencies may count in-kind contributions up to twenty-five percent (25%) of the total project cost as part of cost sharing. Agencies may count the value of the donated land in a bargain sale as part of cost sharing. (f) Agencies considering proposals for acquisition of lands shall also consider the ability of the proposed final owner of the land to maintain it in a condition that will protect the values for which itis to be acquired, and to prevent any problems that might occur on neighboring lands if the land is not properly managed. 39 (g) Trust funds established pursuant to this act shall be managed pursuant to the requirements of the Uniform Prudent Management of Institutional Funds Act, Part 7 (commencing with Section 18501) of Division 9 of the Probate Code. (h) Projects designed to primarily protect riparian habitat through acquisition, easements, restoration or other projects shall consider the plans and recommendations established by the California Riparian Habitat Conservation Program pursuant to Chapter 4.1 of Division 2 of the Fish and Game Code (commencing with Section 1385). (i) The administering agency shall provide advance payment of 50% of grant awards for those projects that satisfy both of the following criteria: (1) The project proponent is a disadvantaged community or eligible entity as defined in subdivision (a) of Section 86166, or the project benefits a disadvantaged community. (2) The grant award for the project is less than one million dollars ($1,000,000). (j) Eligible grant costs shall include indirect costs as defined in federal Office of Management and Budget guidelines, as well as reasonable overhead costs. (k) Agencies receiving funds designated for specific programs or grantees shall expedite the expenditure or transfer of those funds with the least amount of process necessary to comply with existing state laws and regulations, and the requirements of this division. It is the intent of this division that the expenditure or transfer of funds shall be efficient, cost-effective, and expeditious, and generally should occur no later than 90 days from demonstrated eligibility by the recipient for the funds requested. 86152. Agencies shall, to the extent practicable, quantify the amount of water generated for human and environmental use resulting from proposed expenditures they make pursuant to this division. Agencies shall, to the extent practicable, quantify the improvement in the quality of water generated for human and environmental use resulting from proposed expenditures they make pursuant to this division. 86153. To the extent consistent with the other provisions of this division, statewide agencies making grants pursuant to this division shall seek to allocate funds equitably to eligible projects throughout the state, including northern and southern California, coastal and inland regions, and Sierra and Cascade foothill and mountain regions. 86154. Applicants for grants pursuant to this division shall indicate whether the grant proposal is consistent with the local Integrated Regional Water Management Plan, if one exists. However, consistency with the Integrated Regional Water Management Plan shall not be required as a condition of any grant, and grant proposals shall not be given lower priority if they are not consistent with Integrated Regional Water Management Plans. 86155. (a) Notwithstanding any other provision of this division, a local public agency with a population of less than 100,000 and a median household income of less than one hundred percent (100%) of the state average household income shall be required to provide matching funds of no more than thirty-five percent (35%) for a grant for a project entirely within their jurisdiction. State agencies making grants to these local public agencies may provide funding in advance of construction of portions of the project, if the state agency determines that requiring the local public agency to wait for payment until the project is completed would make the project infeasible. 40 (b) Nothing in this section prohibits a state agency from making a grant to a disadvantaged community or economically distressed area that does not require cost sharing. 86156. Any repayment of loans made pursuant to this division, including interest payments, and interest earnings shall be deposited in the Fund and shall be available solely for the purposes of the chapter or section that authorized the loan. 86157. (a) Each state agency that receives an appropriation of funding made available by this division shall be responsible for establishing metrics of success and reporting the status of projects and all uses of the funding on the state's bond accountability Internet Web site. (b) Each state agency that receives an appropriation of funding made available by this division shall do the following: (1) Evaluate the outcomes of projects funded by this division. (2) Include in the agency's reporting pursuant to Section 86003 the evaluation described in subdivision (a) of this section. (3) Hold a grantee of funds accountable for completing projects funded by this division on time and within scope. 86158. (a) For projects carried out by state agencies pursuant to this division, up to ten percent (10%) of funds allocated for each program funded by this division may be expended for planning, monitoring and reporting necessary for the successful design, selection, and implementation of the projects and verification of benefits. An eligible entity receiving a grant for a project pursuant to this division may also receive sufficient funds for planning, monitoring and reporting necessary for the successful design, selection, and implementation of the projects. This section shall not otherwise restrict funds ordinarily used by an agency for "preliminary plans," "working drawings," and "construction" for a capital outlay project or grant project. (b) Permit and plan check fees and reasonable administrative and indirect project fees and costs related to managing construction shall be deemed part of construction costs. Project costs allocated for project planning and design, and direct and indirect administrative costs shall be identified as separate line items in the project budget. 86159. Notwithstanding Section 16727 of the Government Code, funding provided pursuant to Chapters 6 and 8 may be used for grants and loans to nonprofit organizations to repay financing described in Section 22064 of the Financial Code related to projects that are consistent with the purposes of those chapters. 86160. Not more than a total offive percent (5%) of the funds allocated to any state agency under this division may be used to pay for its costs of administering programs and projects specified in this division. 86161. (a) Water quality monitoring data shall be collected and reported to the State board in a manner that is compatible and consistent with surface water monitoring data systems or groundwater monitoring data systems administered by the State board, consistent with Part 4.9 of Division 6. Watershed monitoring data shall be collected and reported to the Department of Conservation in a manner that is compatible and consistent with the statewide watershed program administered by the Department of Conservation. 41 (bl State agencies making grants or loans pursuant to this division may include specific expenditures for compliance with local, state and federal permitting and other requirements. (c) Up to one percent (1%l of funds allocated for each program funded by this division may be expended for research into methods to improve water supply, water related habitat, and water quality relevant to that program, in addition to any other amounts provided for in this division. 86162. (al Prior to disbursing grants or loans pursuant to this division, each state agency that receives an appropriation from the funding made available by this division to administer a grant or loan program under this division shall develop and adopt project solicitation and evaluation guidelines. The guidelines shall include monitoring and reporting requirements and may include a limitation on the dollar amount of each grantor loan to be awarded. The guidelines shall not include a prohibition on the recovery of reasonable overhead or indirect costs by local public agencies, Indian tribes or nonprofit organizations. If the state agency has previously developed and adopted project solicitation and evaluation guidelines that comply with the requirements of this division, it may use those guidelines. Overhead or indirect costs incurred by a local public agency, Indian tribe or nonprofit organization are eligible for reimbursement and shall not weigh negatively in the evaluation of funding proposals pursuant to this division. (bl Prior to disbursing grants or loans, the state agency shall conduct three regional public meetings to consider public comments prior to finalizing the guidelines. The state agency shall publish the draft solicitation and evaluation guidelines on its website at least 30 days before the public meetings. One meeting shall be conducted at a location in northern California, one meeting shall be conducted at a location in the Central Valley of California, and one meeting shall be conducted at a location in southern California. Agencies without jurisdiction in one or more of these three regions may omit the meetings in the region or regions within which they do not have jurisdiction. Upon adoption, the state agency shall transmit copies of the guidelines to the fiscal committees and the appropriate policy committees of the Legislature. (c) At least 45 days prior to soliciting projects pursuant to this division, a state agency administering funds pursuant to this division shall post an electronic form of the guidelines for grant applicants on its website. Project solicitation and evaluation guidelines shall only include criteria based on the applicable requirements of this division. (d) Nothing in this division restricts agencies from enforcing and complying with existing laws. 86163. Each project funded from this division shall comply with the following requirements: (al The investment of public funds pursuant to this division will result in public benefits that address the most critical statewide needs and priorities for public funding, as determined by the agency distributing the funds. (bl In the appropriation and expenditure of funding authorized by this division, priority will be given to projects that leverage private, federal, or local funding or produce the greatest public benefit. All state agencies receiving funds pursuant to this division shall seek to leverage the funds to the greatest extent possible, but agencies shall take into account the limited ability to cost share by small public agencies, and by agencies seeking to benefit disadvantaged communities and economically distressed areas. (c) A funded project shall advance the purposes of the chapter from which the project received funding. 42 (d) In making decisions regarding water resources pursuant to this division, state and local agencies will use the best available science to inform those decisions. (e) To the extent practicable, a project supported by funds made available by this division will include signage informing the public that the project received funds from the Water Supply and Water Quality Act of 2018. (f) To the extent feasible, projects funded with proceeds from this division shall promote state planning priorities consistent with the provisions of Section 65041.1 of the Government Code and sustainable communities strategies consistent with the provisions of subparagraph (B) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code. (g) To the extent feasible, watershed objectives for private lands included in this division should be achieved through use of conservation easements and voluntary landowner participation, including, but not limited to, the use of perpetual conservation easements pursuant to Division 10.2 (commencing with Section 10200) and Division 10.4 (commencing with Section 10330) of the Public Resources Code, voluntary habitat credit exchange mechanisms, and conservation actions on private lands. 86164. Funds provided by this division shall not be expended to pay the costs of the design, construction, operation, mitigation, or maintenance of Delta water conveyance facilities. Those costs shall be the responsibility of the water agencies that benefit from the design, construction, operation, mitigation, or maintenance of those facilities. 86165. (a) This division does not diminish, impair, or otherwise affect in any manner whatsoever any area of origin, watershed of origin, county of origin, or any other water rights protections, including, but not limited to, rights to water appropriated prior to December 19, 1914, provided under the law. This division does not limit or affect the application of Article 1.7 (commencing with Section 1215) of Chapter 1 of Part 2 of Division 2, Sections 10505, 10505.5, 11128, 11460, 11461, 11462, and 11463, and Sections 12200 to 12220, inclusive. (b) For the purposes of this division, an area that utilizes water that has been diverted and conveyed from the Sacramento River hydrologic region, for use outside the Sacramento River hydrologic region or the Delta, shall not be deemed to be immediately adjacent thereto or capable of being conveniently supplied with water therefrom by virtue or on account of the diversion and conveyance of that water through facilities that may be constructed for that purpose after January 1,2018. (c) Nothing in this division supersedes, limits, or otherwise modifies the applicability of Chapter 10 (commencing with Section 1700) of Part 2 of Division 2, including petitions related to any new conveyance constructed or operated in accordance with Chapter 2 (commencing with Section 85320)of Part 4 of Division 35. (d) Unless otherwise expressly provided, nothing in this division supersedes, reduces, or otherwise affects existing legal protections, both procedural and substantive, relating to the State board's regulation of diversion and use of water, including, but not limited to, water right priorities, the protection provided to municipal interests by Sections 106 and 106.5, and changes in water rights. Nothing in this division expands or otherwise alters the State board's existing authority to regulate the diversion and use of water or the courts' existing concurrent jurisdiction over California water rights. (e) Nothing in this division shall be construed to affect the California Wild and Scenic Rivers Act (Chapter 43 1.4 (commencing with Section 5093.50) of Division 5 of the Public Resources Code) or the federal Wild and Scenic Rivers Act (16 U.S.C. Section 1271 et seq.) and funds authorized pursuant to this division shall not be available for any project that could have an adverse effect on the values upon which a wild and scenic river or any other river is afforded protections pursuant to the California Wild and Scenic Rivers Act or the federal Wild and Scenic Rivers Act. (f) Nothing in this division supersedes, limits, or otherwise modifies the Sacramento-San Joaquin Delta Reform Act of 2009 (Division 35 (commencing with Section 85000)) or any other applicable law, including, but not limited to, Division 22.3 (commencing with Section 32300) of the Public Resources Code. (g) Notwithstanding any other provision of law, any agency or nonprofit organization acquiring land pursuant to this division may make use of the Natural Heritage Preservation Tax Credit Act of 2000 (Division 28 (commencing with Section 37000) of the Public Resources Code). Funds appropriate pursuant to this division that are not designated for competitive grant programs may also be used for the purposes of reimbursing the General Fund pursuant to the Natural Heritage Preservation Tax Credit Act of 2000. (h) Funds provided pursuant to this division, and any appropriation or transfer of those funds, shall not be deemed to be a transfer of funds for the purposes of Chapter 9 (commencing with Section 2780) of Division 3 of the Fish and Game Code. 86166. (a) Applicants eligible to receive grants, loans and contracts pursuant to this division are public agencies, state universities (including university-managed national laboratories), resource conservation districts, nonprofit organizations, public utilities, mutual water companies, public water systems as defined in subdivision (h) of Section 116275 of the Health and Safety Code, urban water suppliers as defined in Section 10617 of the Water Code, federally recognized Indian tribes, federal agencies owning or managing land in California, and state Indian tribes listed on the Native American Heritage Commission's California Tribal Consultation List. State agencies granting funds pursuant to this division shall give priority to eligible applicants with experience in planning, designing, and developing the types of projects receiving funding from the agencies, or which have access to consulting help in these areas. (b)(l) To be eligible for funding under this division, a project proposed by a public utility that is regulated by the Public Utilities Commission, or a mutual water company, shall have a clear and definite public purpose and the project shall benefit the customers of the water system and not the investors. (2) To be eligible for funding under this division, an urban water supplier shall have adopted and submitted an urban water management plan in accordance with the Urban Water Management Planning Act, Part 2.6 (commencing with Section 10610) of Division 6. (3) To be eligible for funding under this division, an agricultural water supplier shall have adopted and submitted an agricultural water management plan in accordance with the Agricultural Water Management Planning Act, Part 2.8 (commencing with Section 10800) of Division 6. (4) In accordance with Section 10608.56, an agricultural water supplier or an urban water supplier is ineligible for grant funding under this division unless it complies with the requirements of Part 2.55 (commencing with Section 10608) of Division 6. (5) Notwithstanding any other provision of this division, agencies receiving funds pursuant to this division may reduce or eliminate cost sharing requirements when making grants of one million dollars ($1,000,000) or less to nonprofit organizations with budgets less than one million dollars ($1,000,000) if 44 the agency determines that such grants would be the most effective way to achieve the purposes of this division. 86167. Where feasible, projects funded pursuant to this division may use the services of the California Conservation Corps or certified community conservation corps, as defined in Section 14507.5 of the Public Resources Code. Public agencies receiving funding under this division shall give additional priority to projects that involve the services of the California Conservation Corps or a certified community conservation corps, or other nonprofit entities that provide job training and education opportunities for veterans, foster care recipients, farmworkers or local youth in conservation or restoration projects. 86168. Each state agency that receives an appropriation of funding made available by this division shall be responsible for establishing and reporting on the state's bond accountability website each of the following: metrics of success, metrics for benefitting disadvantaged communities and economically distressed areas, progress in meeting those metrics, status of projects funded under this division, and all uses of the funding the state agency receives under this division. The Secretary of the Natural Resources Agency shall annually report to the Legislature expenditures made pursuant to this division, and the benefits derived from those expenditures. 86169. The proceeds of bonds issued and sold pursuant to this division (excluding the proceeds of any refunding bonds issued in accordance with Section 86192) shall be deposited in the Water Supply Reliability and Drought Protection Fund of 2018, which is hereby created in the State Treasury. 86169.1 Notwithstanding Section 13340 of the Government Code, moneys in the Water Supply Reliability and Drought Protection Fund of 2018 are continuously appropriated without regard to fiscal year for the purposes of this division in the manner set forth in this division. Funds authorized by, and made available pursuant to this division shall be available and expended only as provided in this division, and shall not be subject to appropriation or transfer by the Legislature or the Governor for any other purpose. 86170. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 ofTitle 2 of the Government Code does not apply to the development or implementation of programs or projects authorized or funded under this division. 86171. (a) Funds provided by this division shall not be used to support or pay for the costs of environmental mitigation, except for the costs of environmental mitigation for projects funded pursuant to this division. (b) Funds provided by this division shall be used for environmental enhancements or other public benefits. (c) Notwithstanding paragraphs (a) and (b) of this section, the costs of mitigation of the environmental impacts directly related and limited to expenditures under this division may be paid for by funds provided by this division. (d) Funds available pursuant to this division shall not be expended to pay the costs of the design, construction, operation, mitigation, or maintenance of Delta conveyance facilities. 86172. Every entity implementing this division shall give highest priority to funding projects that combine relatively high cost-effectiveness, durability, and enhanced environmentalquality. 45 86174. Acquisitions pursuant to Chapter 6 of this division shall be from willing sellers only. 86177. The requirement that a project be cost-effective does not require a full benefit/cost analysis. 86178. Agencies implementing this division shall give special consideration to projects that employ new or innovative technology or practices, including decision support tools that support the integration of multiple strategies and jurisdictions, including, but not limited to, water supply, wildfire reduction, habitat improvement, invasive weed control, flood control, land use, and sanitation. 86179. Any contract (including a contract to provide a grant) between a public agency, Indian tribe or nonprofit organization and the Department of Fish and Wildlife or the Wildlife Conservation Board for work funded pursuant to this division, or pursuant to Division 26.7 shall be considered a contract subject to the requirements of Section 1501.5 of the Fish and Game Code, and therefor shall not be considered a public work or a public improvement, and is not subject to Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. 86179.1. Priority shall be given to the expenditure of funds on activities that affect the Delta and the species that rely on it that are generally consistent with the report "A Delta Renewed: A Guide to Science­ Based Ecological Restoration in the Sacramento-San Joaquin Delta" prepared in 2016 by the San Francisco Estuary Institute-Aquatic Science Center. 86179.2. In the awarding of grants to be made by any agency pursuant to this act or Division 26.7 after the effective date of this act, overhead or indirect costs incurred by a local public agency, Indian tribe or nonprofit organization are eligible for reimbursement and shall not weigh negatively in the evaluation of funding proposals. Eligible grant costs shall include indirect costs as defined in federal Office of Management and Budget guidelines, as well as reasonable overhead costs. For nonprofit organizations, grants shall provide for reimbursement of indirect costs by applying the organization's federally negotiated indirect cost rate, if one exists. If a negotiated rate does not exist, the organization may elect to use the default indirect cost rate of 10 percent (10%) of its modified total direct costs as defined by the Office of Management and Budget. 86179.3. No grants made pursuant to this division shall result in an unmitigated increase in a community's exposure to flood hazards or in a net reduction in flood conveyance capacity of any publicly owned flood protection facility. 86179.4. In awarding grants for land acquisition, the Wildlife Conservation Board shall give preference to organizations that voluntarily pay property taxes. CHAPTER 13. Fiscal Provisions. 86180. (a) Bonds in the total amount of eight billion eight hundred seventy-seven million dollars ($8,877,000,000), or so much thereof as is necessary, not including the amount of any refunding bonds issued in accordance with Section 86192 may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this division and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable. 45 (b) The Treasurer shall from time to time sell the bonds authorized by the committee pursuant to Section 86182. Bonds shall be sold upon the terms and conditions specified in one or more resolutions to be adopted by the committee pursuant to Section 16731 of the Government Code. 86181. The bonds authorized by this division shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law, and all of the provisions of that law, as that law may be amended, apply to the bonds and to this division and are hereby incorporated in this division as though set forth in full in this division, except subdivisions (a) and (b) of Section 16727 of the Government Code. 86182. (a) Solely for the purpose of authorizing the issuance and sale pursuant to the State General Obligation Bond Law of the bonds authorized by this division, the Water Supply Reliability and Drought Protection Finance Committee is hereby created. For purposes of this division, the Water Supply Reliability and Drought Protection Finance Committee is the "committee" as that term is used in the State General Obligation Bond Law. (b) The finance committee consists of the Director of Finance, the Treasurer, and the Controller. Notwithstanding any other provision of law, any member may designate a representative to act as that member in his or her place for all purposes, as though the member were personally present. (c) The Treasurer shall serve as chairperson of the finance committee. (d) A majority of the finance committee may act for the finance committee. 86183. The finance committee shall determine whether or not it is necessary or desirable to issue bonds authorized by this division in order to carry out the actions specified in this division and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. 86184. For purposes of the State General Obligation Bond Law, "board," as defined in Section 16722 of the Government Code, means the Secretary of the Natural ResourcesAgency. 86185. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum. 86186. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this division, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this division, as the principal and interest become due and payable. (b) The sum that is necessary to carry out the provisions of Section 86189, appropriated without regard to fiscal years. 47 86187. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account in accordance with Section 16312 of the Government Code for the purpose of carrying out this division less any amount withdrawn pursuant to Section 86189. The amount of the request shall not exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold (excluding any refunding bond authorized pursuant to Section 86192) for the purpose of carrying out this division. The board shall execute those documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the Fund to be allocated in accordance with this division. 86188. Notwithstanding any other provision of this division, or of the State General Obligation Bond Law, if the Treasurer sells bonds that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions or is otherwise entitled to any federal tax advantage, the Treasurer may maintain separate accounts for the bond proceeds invested and for the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. 86189. For the purposes of carrying out this division, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds that have been authorized by the committee to be sold (excluding any refunding bond authorized pursuant to Section 86192) for the purpose of carrying out this division less any amount borrowed pursuant to Section 86187. Any amounts withdrawn shall be deposited in the Fund. Any moneys made available under this section shall be returned to the General Fund, with interest at the rate earned by the moneys in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this division. 86190. All moneys deposited in the Fund that are derived from premium and accrued interest on bonds sold pursuant to this division shall be reserved in the Fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest, except that amounts derived from premium may be reserved and used to pay the cost of bond issuance prior to any transfer to the General Fund. 86191. Pursuant to the State General Obligation Bond Law, the cost of bond issuance shall be paid out of the bond proceeds, including premiums, if any. To the extent the cost of bond issuance is not paid from premiums received from the sale of bonds, these costs shall be shared proportionately by each program funded through this division by the applicable bond sale. 86192. The bonds issued and sold pursuant to this division may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds under this division shall include approval of the issuance of any bonds issued to refund any bonds originally issued under this division or any previously issued refunding bonds. Any bond refunded with the proceeds of refunding bonds as authorized by this section may be legally defeased to the extent permitted by law in the manner and to the extent set forth in the resolution, as amended from time to time, authorizing such refunded bonds. 86193. The proceeds from the sale of bonds authorized by this division are not "proceeds of taxes" as that term is used in Article XIII B of the California Constitution, and the disbursement of these proceeds is 48 not subject to the limitations imposed by that article. SECTION 2. Section 1 of this act shall take effect immediately upon approval by the voters of the Water Supply and Water Quality Act of 2018, as set forth in that section at the November 6, 2018, statewide general election. In order to fund a water supply reliability and drought protection program at the earliest possible date, it is necessary that this act take effect immediately. SECTION 3. Conflicting Provisions. (a) The provisions and intent of the Water Supply and Water Quality Act of 2018 shall be given precedence over any state law, statute, regulation or policy that conflicts with this section, and the policy and intent of this act shall prevail over any such contrary law, statute, regulation or policy. (b) If this division is approved by the voters, but superseded by any other conflicting ballot division approved by more voters at the same election, and the conflicting ballot division is later held invalid, it is the intent of the voters that this act shall be given the full force of law. (c) If any rival or conflicting initiative regulating any matter·addressed by this act receives the higher affirmative vote, then all non-conflicting parts of this act shall becomeoperative. SECTION 4. If any provision of this act or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this act that can be given effect without the invalid provisions or applications, and to this end the provisions of this act are severable. SECTION 5. Section 2799.7 is added to the Fish and Game Code to read: 2799.7. Subdivision (f) of Section 2787 does not apply to Section 2795. Notwithstanding other provisions of this article and Section 13340 of the Government Code, as of July 2, 2020 funds transferred pursuant to Section 2795 shall be continuously appropriated to the Wildlife Conservation Board for purposes of Chapter 8 (commencing with Section 86120) of Division 38 of the WaterCode. SECTION 6. Part 12 is added to Division 6 of the Water Code to read: Section 11860. (a) Notwithstanding any other provision of law (including Section 13340 of the Government Code and Sections 39710 through 39723 of the Health and Safety Code), the fees paid, the cost of compliance instruments acquired, and the increased cost of power purchased by the Department of Water Resources, hereafter "Department," as a result of the implementation of Division 25.5 of the Health and Safety Code are continuously appropriated to the Department from the Greenhouse Gas Reduction Fund, as defined in Section 16428.8 of the Government Code, and the fees paid, the cost of compliance instruments acquired and the increased cost of power purchased by the Metropolitan Water District of Southern California (Statutes 1969, chapter 209, as amended), hereafter "District," as a result of the implementation of Division 25.5 of the Health and Safety Code are continuously appropriated to the District from the Greenhouse Gas Reduction Fund, as defined in Section 16428.8 of the Government Code. 49 (b) The funds appropriated to the Department pursuant to this section shall be expended within the State Water Resources Development System, and on consumer water conservation programs within the jurisdiction of the State Water Resources Development System. (c) The funds appropriated to the District pursuant to this section shall be expended within the water storage, treatment, conveyance, and distribution system of the District and on consumer water conservation programs within the jurisdiction of the District. (d) Of the consumer water conservation programs authorized by subdivisions (b) and (c), highest priority shall be given to those benefitting disadvantaged communities (as defined subdivision (a) of Section 79505.5, as it may be amended) and economically distressed areas (as defined in subdivision (k) of Section 79702, as it may be amended). (e) All expenditures pursuant to this section shall meet the requirements of Chapter 4.1 of Part 2 of Division 26 of the Health and Safety Code. The Department and District will provide an annual report to the Air Resources Board on the prior-year's project implementation along with a plan for current year implementation. (f) No funds provided by this part shall be expended to pay the costs of the design, construction, operation, mitigation, or maintenance of new Delta water conveyance facilities. No funds provided by this section shall be expended to pay the costs of construction of new surface water storage facilities or to expand the capacity of the California Aqueduct or the Colorado River Aqueduct. Those costs shall be the responsibility of the water agencies that benefit from the design, construction, operation, mitigation, or maintenance of those facilities. (g) All reasonable and feasible measures shall be taken to reduce, avoid, or mitigate significant negative environmental impacts from projects undertaken pursuant to this section. Section 11861. (a) Notwithstanding any other provision of law (including Section 13340 of the Government Code and Sections 39710 through 39723 of the Health and Safety Code), the fees paid, the cost of compliance instruments acquired, and the increased cost of power purchased by the Contra Costa Water District, hereafter "District," as a result of the implementation of Division 25.5 of the Health and Safety Code are continuously appropriated to the District from the Greenhouse Gas Reduction Fund, as defined in Section 16428.8 of the Government Code, and the fees paid, the cost of compliance instruments acquired and the increased cost of power purchased by the San Luis and Delta Mendota Water Authority hereafter "San Luis Authority," as a result of the implementation of Division 25.5 of the Health and Safety Code are continuously appropriated to the San Luis Authority from the Greenhouse Gas Reduction Fund, as defined in Section 16428.8 of the Government Code. (b) (1) The funds appropriated to the Contra Costa Water District pursuant to this section shall be expended within the boundaries of the District, and on consumer water conservation programs within the District. (2) The funds appropriated to the San Luis Authority pursuant to this section shall be expended within the water storage, treatment, conveyance, and distribution system of the San Luis Authority and on water conservation, water quality improvement, water treatment, water supply and similar water programs within the jurisdiction of the Authority. (c) Of the funds appropriated pursuant to subdivision (b), highest priority shall be given to those projects 50 benefitting disadvantaged communities (as defined subdivision (a) of Section 79505.5, as it may be amended) and economically distressed areas (as defined in subdivision (k) of Section 79702, as it may be amended). (d) All expenditures pursuant to this section shall meet the requirements of Chapter 4.1 of Part 2 of Division 26 of the Health and Safety Code. The District and San Luis Authority will provide an annual report to the Air Resources Board on the prior-year's project implementation along with a plan for current year implementation. (e) All reasonable and feasible measures shall be taken to reduce, avoid, or mitigate significant negative environmental impacts from projects undertaken pursuant to this section. 51 Attachment 2 Short Summary of major programs in the Water Supply and Water Quality Bond Act of 2018 • Watershed Improvement $2355 million to a wide variety of state agencies. Pays for better management of watersheds throughout the state to improve water quality and water supply. o Watershed restoration after fires in the Sierra Nevada and elsewhere receives $100 million. Funds state conservancies and state parks to better manage watersheds. o $100 million for the Delta Conservancy, which helps fund the governor’s Eco-Restore program. o $150 million for the Los Angeles River o $200 million for ecological restoration and dust control at the Salton Sea. o $80 million for the removal of Matilija Dam, a silted in dam in Ventura County. • Safe drinking water and wastewater treatment for disadvantaged communities. $750 million. Provides safe drinking water and wastewater treatment for disadvantaged communities, especially in the Central Valley. • Improvement to Friant Kern Canal and other Friant water interconnections. $750 million. Restores lost capacity to Friant Kern Canal, pays for groundwater recharge programs, water conservation and possibly new water conveyance in the Friant area. • Groundwater. $675 million. Implements the Sustainable Groundwater Management Act, stabilizing groundwater levels in overdraft groundwater basins. • Stormwater management $600 million for a variety of state agencies. Capture and treatment of stormwater flows improved river and ocean water quality and increasing water supplies • Water and specific habitat improvements for fisheries. $500 million. Purchase of water for fish and waterfowl. • Fisheries restoration. $400 million. Restoring fish habitat. Supplements necessary stream flows. • Wastewater recycling. $400 million. Recycles wastewater mainly for landscaping and industrial uses • Groundwater desalination. $400 million. Converts salty groundwater to usable water supply. • Urban water conservation. $300 million. Leak detection, toilet replacement, landscape conversion. • Waterfowl habitat. $280 million. Helps meet waterfowl obligations under the Central Valley Project Improvement Act, and other waterfowl habitat improvement programs. • Bay Area Regional Reliability. $250 million. Improves interconnections between Bay Area water agencies, making it easier to survive droughts. • San Francisco Bay Wetlands and flood improvements. $200 million. Improves wetlands in San Francisco Bay to provide flood protection and mitigate sea level rise. • Oroville Dam Spillway Repair. $200 million. Makes Oroville Dam more flood safe. The initiative also allows state and federal water contractors to recover the funds they pay in climate change charges due to implementation of AB 32, and use those funds in their own systems for water and energy conservation to reduce greenhouse gas emissions. Attachment 2 • Land Management for Water Yield. $100 million. Removal of invasive weeds, which use excessive amounts of surface and groundwater such as tamarisk, yellow starthistle, and Arundo. Estimates of water savings are in excess of one million acre feet per year. • Central valley flood management, including flood plain restoration. $100 million. Makes farms and communities more flood safe, and makes flood plains for habitat friendly. Additional $50 million for retrofit of a reservoir (probably Bullard’s Bar) for better flood management. • Completion of fish screens in Central Valley. $100 million. Will prevent baby fish from being diverted into irrigation systems. • San Joaquin River fisheries Restoration. $100 million. Restoration of Spring Run Chinook Salmon downstream of Friant dam. • Data management. $60 million. Better data collection and management: streamflow, etc. • Agricultural water conservation. $50 million. Improves inefficient irrigation systems, increasing river flows Attachment 3 Water Supply and Water Quality Act of 2018: Funding Sources Relevant to MROSD Each of the provisions below may afford the Midpeninsula Regional Open Space District additional grant opportunities for public access, natural resource restoration, land acquisition and protection, among others. However, this will be subject to the guidelines that are developed by each respective agency. • 86042. The sum of two hundred million dollars ($200,000,000) is appropriated from the Fund to the San Francisco Bay Restoration Authority to provide matching grants for flood management, wetlands restoration, and other projects consistent with Article 2 (commencing with Section 66704.5) of Chapter 5 of Title 7.25 of the Government Code. For purposes of this section, matching funds may include funds provided by local governments, regional governments, the federal government, private parties, or other funds raised by the San Francisco Bay Restoration Authority. No grant shall exceed fifty percent (50%) of the cost of the project. • 86080 (c) One hundred million dollars ($100,000,000) to the San Francisco Bay Area Conservancy Program of the Coastal Conservancy for the protection and restoration of watersheds of the San Francisco Bay Area, pursuant to Chapter 4.5 of Division 21 of the Public Resources Code (commencing with Section 31160). • 86080 (f) One hundred thirty-five million dollars ($135,000,000) to the State Coastal Conservancy for the protection and restoration of coastal watersheds pursuant to Division 21 (commencing with Section 20 31000) of the Public Resources Code • 86080 (j) Three hundred million dollars ($300,000,000) to the Wildlife Conservation Board for land acquisitions, protection and restoration of oak woodlands, and community conservation plans • 86080 (m) Sixty million dollars ($60,000,000) to the Department of Conservation for watershed restoration and conservation projects on agricultural lands, rangelands, managed wetlands, and forested lands. • 86080 (t) Twenty million dollars ($20,000,000) to the Department of Parks and Recreation for projects that provide access to rivers for non-motorized recreation, and for grants to eligible entities as defined in subdivision (a) of Section 86166 for this purpose. First priority shall be given to projects that include matching funds, and to projects that serve disadvantaged communities and economically distressed areas, whether or not they include cost sharing. • 86080 (x)(2) The sum of fifty million dollars ($50,000,000) is appropriated from the Fund to the Department of Forestry and Fire Protection for the purpose of awarding grants in areas outside the jurisdiction of the Sierra Nevada Conservancy to eligible entities as defined in subdivision (a) of Section 86166 for the purpose of reducing the Attachment 3 threat of wildfires which would negatively impact watershed health. Projects may be for the purpose of hazardous fuel reduction, post-fire watershed rehabilitation and restoration, forest management practices that promote forest resilience to severe wildfire, climate change, and other disturbances, and development of local plans to reduce the risk of wildfires that could adversely affect watershed health. Preference shall be given to grants, which include matching funds, but this preference may be reduced or eliminated for grants, which benefit disadvantaged communities or economically distressed areas. • 86090. The sum of one hundred million dollars ($100,000,000) is appropriated from the Fund to the Wildlife Conservation Board for the purpose of awarding competitive grants to eligible entities as defined in subdivision (a) of Section 86166 to improve the quality of public and private rangelands, wildlands, meadows, wetlands, riparian areas and aquatic areas for the purpose of increasing groundwater recharge and water supply from those land • 86105. The sum of forty million dollars ($40,000,000) is appropriated from the Fund to the California Conservation Corps for projects to protect, restore, and improve the health of watershed lands, including forest lands, meadows, wetlands, chaparral, riparian habitat and other watershed lands. Projects may include, but are not limited to, regional and community fuel hazard reduction projects on public lands, invasive species removal, and stream, river, and riparian restoration projects. The California Conservation Corps shall allocate at least fifty percent (50%) of the funds pursuant to this section for grants to certified local conservation corps. Projects shall improve water quality, water supply reliability, or riparian or watershed health. Projects shall be undertaken in coordination with a nonprofit organization or public agency. Attachment 4 – Water Bond Endorsements as of May 18, 2018* • https://waterbond.org/official-endorsement-list-for-the-water-supply-and-water-quality-act-of-2018/ Conservation Groups American River Conservancy American River Parkway Foundation American Woodland Conservancy Anza-Borrego Desert Natural History Association Anza Borrego Foundation Arroyos and Foothills Conservancy Bear-Yuba Land Trust California Invasive Plant Council California Native Plant Society California Urban Streams Partnership California Waterfowl Association California Watershed Network California Wildlife Foundation/California Oaks Fund Carmel River Watershed Conservancy Carrizo Plain Conservancy Catalina Islands Conservancy CLEAN South Bay Climate Resolve Conservation Corps of Long Beach Delta Waterfowl Dry Creek Conservancy Ducks Unlimited Eastern Sierra Land Trust Friends of Orinda Creeks Friends of San Leandro Creek Friends of the Napa River Friends of the Santa Clara River Friends of Wild Cherry Canyon Lower Putah Creek Coordinating Committee Marin Agricultural Land Trust Mattole Salmon Group National Wild Turkey Foundation Natural Heritage Institute Nor-Cal Guides & Sportsmens Association Noyo Headlands Urban Design Group, Fort Bragg Pheasants Forever Putah Creek Council Quail Forever Sacramento River Watershed Program Sacramento Urban Creeks Council Salmonid Restoration Foundation Santa Barbara Urban Creeks Council Santa Clara River Conservancy Save Our Shores Save the Bay (formerly Save San Francisco Bay Association) Save the Waves Sierra Foothill Conservancy Sierra Fund Sierra Nevada Alliance Sonoma Ecology Center Sustainable Conservation Sutter-Buttes Regional Land Trust Transition Habitat Conservancy Truckee Donner Land Trust Tubb Canyon Desert Conservancy Tuolumne River Preservation Trust Valley Foothill Watershed Collaborative Wildcat San Pablo Creeks Watershed Council Wildcoast Worth a Dam Agricultural Organizations Agricultural Council of California California Agricultural Aircraft Association California Association of Pest Control Advisers California Dairies, Inc California Fresh Fruit Association American Pistachio Growers California Rice Commission California Rice Industry Association Tulare County Farm Bureau Western Growers Environmental Justice Organizations Center for Sustainable Neighborhoods Community Water Center Grassroots Ecology Leadership Counsel for Justice and Accountability The Watershed Project Urban Tilth Water Agencies Alameda County Water District Arvin Edison Water Storage District Association of California Water Agencies Bear Valley Basin Groundwater Sustainability Agency Big Bear City Community Services District Big Bear Municipal Water District Borrego Water District Calaveras County Water District Casitas Municipal Water District City of Big Bear Lake, Department of Power and Water CalDesal Colusa Groundwater Authority Fresno Irrigation District Friant Water Authority Kern-Tulare Water District Lindmore Irrigation District Lindsay-Strathmore Irrigation District Madera Irrigation District Monterey Peninsula Water Management District Northern California Water Association Petaluma Valley Groundwater Sustainability Agency Petaluma Valley GSA Porterville Irrigation District San Joaquin River Exchange Contractors Water Authority Santa Rosa Plain Groundwater Sustainability Agency Sausalito Irrigation District Solano County Water Agency Solano Irrigation District Sonoma Valley Groundwater Sustainability Agency South Valley Water Association Southern California Water Coalition Tulare Irrigation District Tuolumne Utilities District Valley of the Moon Water District Wheeler Ridge Maricopa Water Storage District Yuba County Water Agency Labor Contra Costa Building and Construction Trades Council Social Justice Community Housing Improvement Systems and Planning Association, Inc. (CHISPA) Local Government Contra Costa County Fresno County Marin Resources Conservation District Mariposa Resource Conservation District Plumas County Regional Council of Rural Counties Sierra Resource Conservation District Suisun Resource Conservation District Businesses American Council of Engineering Companies – California Bay Area Council Bay Planning Coalition Biz Fed Los Angeles County California Building Industry Association California Business Properties Association California Chamber of Commerce DM Camp & Sons ESA (Environmental Science Associates) Kern Machinery Inc Madera Chamber of Commerce Sierra Business Council Western Power Products, Inc. Northern California Water Association Water Bond Support (November 2017), and members: Members of Congress U.S. Representative Jim Costa U.S. Representative John Garamendi Rev. 1/3/18 R-18-61 Meeting 18-24 June 13, 2018 AGENDA ITEM 6 AGENDA ITEM Approval of the General Manager’s Employment Agreement BOARD PRESIDENT’S RECOMMENDATIONS 1. Appoint Ana Ruiz to be the Midpeninsula Regional Open Space District General Manager effective June 13, 2018. 2. Adopt a resolution approving the General Manager’s Employment Agreement. SUMMARY As a result of the Board’s evaluation of applicants for employment as the District General Manager, the Board of Directors (Board) voted to hire Ana Maria Ruiz as the new General Manager for Midpeninsula Regional Open Space District as of June 13, 2018. This action requires an adoption of a resolution to approve the General Manager’s Employment Agreement. DISCUSSION General Manager Stephen E Abbors retired from the District in December of 2017 after a tenure of almost 10 years. In the wake of Mr. Abbors’ retirement, the Board selected executive search firm of Peckham & McKenney to coordinate with human resources departmental staff to recruit for the new general manager. Recruiter Bobbi Peckham conducted an extensive and widely publicized executive search under the direction of the Board. Candidates for the general manager position were vetted through a highly competitive process, which included two days of interviews on May 21, and 22, 2018, with the Board and members of District staff. Following the recruitment process and Board deliberation, the Board decided to appoint Ana Maria Ruiz as the District’s new general manager, effective June 13, 2018. After thorough consideration of all qualified applicants, the Board recommends appointment of Ana Maria Ruiz as the District’s new general manager. FISCAL IMPACT The salary for this position will be within the parameters of this budget, in alignment in the District’s Classification and Compensation Plan. There is no budget impact as these funds are allocated for the General Manager’s position. R-18-61 Page 2 BOARD COMMITTEE REVIEW This item does not require Board committee review. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE This item is not a project subject to the California Environmental Quality Act. NEXT STEPS If approved by the Board the new General Manager’s contract will be effective as of June 13, 2018. Attachments 1. Resolution approving the General Manage Employment Agreement a.Exhibit A. Employment Agreement b.Exhibit B. Classification & Compensation Plan Responsible Department Head: Stefan Jaskulak, Chief Financial Officer/Director of Administrative Services Prepared by: Candice Basnight, Human Resources Manager, Human Resources Department Resolutions/2018/R-18-__/AppointGM 1 RESOLUTION NO. _____ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING A GENERAL MANAGER EMPLOYMENT AGREEMENT WITH ANA MARIA RUIZ WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District desires to enter into a District General Manager Employment Agreement (“Agreement”) with Ana Maria Ruiz employing her as the District's General Manager, effective June 13, 2018. NOW, THEREFORE, THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DOES HEREBY RESOLVE AS FOLLOWS: 1. Authorize the President of the Board of Directors or other appropriate officer to execute the attached District General Manager Employment Agreement on behalf of the Midpeninsula Regional Open Space District to appoint and employ Ana Maria Ruiz as the District’s General Manager effective June 13, 2018 at an annual salary of $225,000 pursuant to the terms and conditions of the attached Agreement (Exhibit A). 2. The Classification and Compensation Plan of the Midpeninsula Regional Open Space District shall be amended to include the salary range set forth in the exhibit attached hereto and incorporated herein as Exhibit B. 3.Except as herein modified, the Classification and Compensation Plan, Resolution No. 17-15 as amended, shall remain in full force and effect. 4. This resolution shall be effective June 13, 2018. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on __________, 2018, at a regular meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Secretary Board of Directors President Board of Directors Resolutions/2018/R-18-__/AppointGM 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 1 General Manager Employment Agreement (Original) MIDPENINSULA OPEN SPACE DISTRICT GENERAL MANAGER EMPLOYMENT AGREEMENT This Employment Agreement (“Agreement”) is made this 13h day of June, 2018, by and between Midpeninsula Regional Open Space District, a California public entity (“District”), and Ana Maria Ruiz (“Employee” or “General Manager”). 1. Appointment of General Manager Effective June 13, 2018, Employee is appointed and employed as the District’s General Manager. 2. Essential Powers and Duties A) The General Manager’s powers and duties shall be: 1) as specified in California Public Resources Code sections 5538 and 5549; 2) as provided in the District Personnel Policies and Procedures Manual (“Manual”); and 3) such other duties as the District’s Board of Directors (“Board”) may direct consistent with the District’s enabling legislation; B) The General Manager shall attend all regular and special meetings of the Board as needed, and may, when appropriate, delegate this duty to an Assistant General Manager or the Chief Financial Officer; and C) The General Manager shall perform her duties and exercise her powers consistent with due diligence according to the highest and most professional standards and in compliance with all federal, state and local laws, ordinances, rules and regulations which are applicable to or associated with the performance of such duties. 3. Compensation and Benefits Compensation and benefits shall be according to the terms and conditions set out in the Manual except as set forth herein. A) Salary: The General Manager shall receive an annual base salary of $225,000. B) Annual Salary Adjustment and Performance Review: The Board shall annually review the General Manager’s performance pursuant to the Board’s labor policy “Board Appointee Performance Process.” The Board’s annual review will generally be based upon the District’s fiscal year (July 1-June 30). The Board may also review Employee’s performance at any time as determined necessary and appropriate by the Board. During the annual performance review, or such other time as determined appropriate by the Board, either party may propose to modify, amend or terminate this Agreement. Unless the parties agree otherwise, any such Exhibit A 2 General Manager Employment Agreement (Original) annual salary adjustment will be effective retroactive to the Employee’s anniversary date as General Manager. C) Merit Pay: The Board may grant the General Manager a merit pay increase ranging from 0% to 5% over and above the General Manager’s then current annual base salary. Such merit pay award shall be based upon the Board’s annual review of the General Manager’s performance and pursuant to the Board’s labor policy “Board Appointee Performance Process” and the corresponding “Board Appointee Employment Class: Annual Evaluation System and Form” (both of which may be modified by the Board from time to time in its sole discretion). This policy and form set out the conditions and eligibility for such merit pay and the criteria and objectives to be considered during the evaluation. Merit Pay shall not be a cost of living salary adjustment, but rather recognition for performance during the previous year of service. D) Vacation, Administrative, and Sick Leave and Holidays: The General Manager shall earn vacation, personal and sick leave at the then current rate of accrual applicable to the District’s at-will department managers and will receive District paid holidays, in accordance with the Manual. The General Manager shall earn administrative leave at the accrual rate of 104 hours per year. E) Retirement Plan: The District contracts with the California Public Employees’ Retirement System (CalPERS) to provide its miscellaneous employees the Local Miscellaneous retirement plan (“the Plan”) at one of the following formulas, as determined to be applicable by CalPERS: 2.5% at 55 for classic members and 2% at 62 for new members. The General Manager is eligible to participate in the Plan. Pursuant to the Board resolution No. 15-14, effective February 11, 2015, the District does not pay any portion of the General Manager’s employee member contribution. Employee is responsible for paying his or her entire share of the employee member contribution by payroll deduction. F) Benefit Plans: The General Manager shall receive the benefits available to regular full time management employees of the District including those set out in the Manual on the same terms available to these management employees. The General Manager may participate in any District optional benefit plan at his or her own cost. The District will also provide the cafeteria plan in accordance with Internal Revenue Code Section 125 as provided in the Manual. G) Mileage Allowance: The General Manager will be eligible to receive mileage reimbursement at the applicable District rate for use of his or her personal vehicle on District business. H) Membership and Conferences: The District shall pay for the General Manager’s membership or participation in organizations and conferences necessary and desirable for his/her continued professional growth and advancement and/or related to the District’s business, in addition to any membership payments offered to employees in the Manual or the District’s Administrative Policy (Professional Exhibit A 3 General Manager Employment Agreement (Original) Dues, Membership Program & Tuition Reimbursement). The District shall reimburse the General Manager for travel expenses consistent with the District’s travel, lodging and meal reimbursement policy. 4. Term of Agreement The General Manager shall begin service under this Agreement on June 13, 2018, and this Agreement shall remain in effect up to, and concluding, June 30, 2019, unless terminated by either party pursuant to Section 5 of this Agreement or as modified by mutual written agreement. 5. Termination and Severance Pay Notwithstanding any other provision, the General Manager is and at all times shall remain an at-will employee serving at the pleasure of the Board and may be discharged at any time by written notice with or without cause or prior notice. There is no express or implied promise made to the General Manager of continued District employment. The General Manager may terminate this Agreement upon 60 calendar days’ written notice to the Board President. In the event the General Manager resigns or retires, or upon her death, the General Manager shall not be entitled to, nor shall she receive, any severance pay as set out in this Paragraph 5. In the event that the District terminates this Agreement for reasons other than cause, the District shall compensate the General Manager with severance pay in the amount equal to six (6) months’ base salary as of the date of termination. This section is intended to comply with. California Government Code section 53260 et seq. The General Manager shall only be entitled to receive severance in exchange for an executed Release of All Claims against the District. This severance payment shall be made within thirty (30) calendar days of the effective date of the termination and shall be subject to applicable withholding taxes. Any severance pay that the General Manager may receive from the District shall be fully reimbursed to the District if the General Manager is convicted of a crime involving an abuse of his or her office or position. This Agreement shall be subject to the provisions of Government Code sections 53243-53243.4 which require reimbursement to the District under circumstances stated therein. If the Board at any time determines this Agreement should be terminated for cause, the Board shall provide the General Manager with written notice of termination specif ying the effective date of the termination. The Board may, in its sole discretion, provide in this notice the general reasons for termination. The District will not be required to provide any notice period or to pay the General Manager any severance pay if the Board terminates this Agreement for cause. The General Manager will be provided an opportunity to request a meeting with the Board, which meeting will be held within 30 calendar days of the General Manager’s request. Said meeting may be in closed session, unless the General Manager asks that it be in open session. The Board’s decision on the appeal will be final. Exhibit A 4 General Manager Employment Agreement (Original) As used in this Agreement, “cause” shall include but shall not necessarily be limited to: a. Violation of administrative policies and procedures; b. Abuse of office or position; c. Theft of District property; d. Insubordination; e. Conviction of a felony, or conviction of a misdemeanor relating to the General Manager’s fitness to perform assigned duties; f. Unauthorized or excessive absences from the District; g. Failure to maintain satisfactory working relationships with other employees or the public; h. Improper use of District funds; i. Unauthorized use of District property; j. Willful misconduct or malfeasance; k. Any act of moral turpitude or dishonesty; l. Other failure of good behavior either during or outside of employment such that Employee’s conduct causes discredit to the District; m. Violation of the Political Reform Act or corresponding regulations; and/or n. Violation of Government Code section 1090. 6. Entire Agreement This Agreement contains the entire agreement and understanding between the parties. There are no oral understandings, terms or conditions, and neither party has relied upon any representation, express or implied, not contained in this Agreement. 7. Effect of Waiver No waiver by a party of any provision of this Agreement shall be considered a waiver of any other provision or subsequent breach of the same or of any other provision, including the time for performance of any such provision. The exercise by a party of any remedy provided in this Agreement or at law shall not prevent the exercise by that party of any other remedy provided in this Agreement or at law. Severance shall not be paid for failure to renew this contract. 8. Supersedes Prior Agreement This Agreement supersedes any and all previous employment agreements and amendments thereto entered into by and between the District and the General Manager. 9. Amendment This Agreement cannot be changed or supplemented orally. No amendment, modification, alteration, or variation in the terms of this Agreement is valid unless made in writing and signed by both parties. Exhibit A 5 General Manager Employment Agreement (Original) 10. Notices Any notices to be given by either party to the other shall be made in writing, by personal delivery, United States Postal Service, or by Federal Express/overnight mail, with postage prepaid. Notices delivered personally shall be deemed received as of actual receipt; mailed notices shall be deemed received as of one business day following the date of mailing of the notice. Mailed notices shall be addressed to the respective parties as follows: To the District: Midpeninsula Regional Open Space District Attention: President, Board of Directors 330 Distel Circle Los Altos, California 94022 To the General Manager: Ana Maria Ruiz, General Manager 1375 Gilmore Street, Mountain View, CA 94040 Any party may change his/her/its address for the purpose of this section by giving written notice of such change to the other party in the manner herein provided. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective this 13th day of June 2018, at Los Altos, California. MIDPENINSULA REGIONAL OPEN GENERAL MANAGER: SPACE DISTRICT: By: _________________________ By: _________________________ Board President Jed Cyr Ana Maria Ruiz Date: _________________________ Date: _________________________ ATTEST: APPROVED AS TO FORM: _______________________________ _______________________________ Jennifer Woodworth, District Clerk Hilary Stevenson, Acting General Counsel Step Full/PT Range #Minimum Maximum Minimum Maximum Minimum Maximum Time Seasonal Open Space Technician 6 20.1000 25.0962 3,484 4,350 41,808 52,200 PT Seasonal Ranger Aide 6 20.1000 25.0962 3,484 4,350 41,808 52,200 PT Seasonal Ranger 16 25.6558 32.0308 4,447 5,552 53,364 66,624 PT Farm Maintenance Worker 19 27.6000 34.4712 4,784 5,975 57,408 71,700 FT Open Space Technician*19 27.6000 34.4712 4,784 5,975 57,408 71,700 FT Administrative Assistant 20 28.2865 35.3077 4,903 6,120 58,836 73,440 FT Accounting Technician 22 29.6885 37.0731 5,146 6,426 61,752 77,112 FT Human Resources Technician 22 29.6885 37.0731 5,146 6,426 61,752 77,112 FT Information Technology Technician I 22 29.6885 37.0731 5,146 6,426 61,752 77,112 FT Facilities Maintenance Specialist 23 30.4385 38.0077 5,276 6,588 63,312 79,056 FT GIS Technician 23 30.4385 38.0077 5,276 6,588 63,312 79,056 FT Lead Open Space Technician*23 30.4385 38.0077 5,276 6,588 63,312 79,056 FT Volunteer Program Lead 23 30.4385 38.0077 5,276 6,588 63,312 79,056 FT Risk Management Coordinator 24 31.1712 38.9365 5,403 6,749 64,836 80,988 FT Senior Administrative Assistant 24 31.1712 38.9365 5,403 6,749 64,836 80,988 FT Public Affairs Program Coordinator 25 31.9558 39.9058 5,539 6,917 66,468 83,004 FT Ranger 25 31.9558 39.9058 5,539 6,917 66,468 83,004 FT Senior Finance & Accounting Technician 26 32.7288 40.8750 5,673 7,085 68,076 85,020 FT Equipment Mechanic/Operator 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT Executive Assistant 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT Information Technology Technician II 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT Lead Ranger 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT Public Affairs Specialist I 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT Property Management Specialist I 28 34.3731 42.9173 5,958 7,439 71,496 89,268 FT Real Property Specialist I 28 34.3731 42.9173 5,958 7,439 71,496 89,268 FT Executive Assistant/Deputy District Clerk 29 35.2327 43.9904 6,107 7,625 73,284 91,500 FT Planner I 29 35.2327 43.9904 6,107 7,625 73,284 91,500 FT Data Analyst I 30 36.0923 45.0692 6,256 7,812 75,072 93,744 FT Docent Program Manager 30 36.0923 45.0692 6,256 7,812 75,072 93,744 FT Resource Management Specialist I 30 36.0923 45.0692 6,256 7,812 75,072 93,744 FT Volunteer Program Manager 30 36.0923 45.0692 6,256 7,812 75,072 93,744 FT Accountant 31 36.9923 46.1885 6,412 8,006 76,944 96,072 FT Capital Project Manager II 31 36.9923 46.1885 6,412 8,006 76,944 96,072 FT Planner II 31 36.9923 46.1885 6,412 8,006 76,944 96,072 FT Management Analyst I 31 36.9923 46.1885 6,412 8,006 76,944 96,072 FT Data Analyst II 34 39.7846 49.6904 6,896 8,613 82,752 103,356 FT Resource Management Specialist II 34 39.7846 49.6904 6,896 8,613 82,752 103,356 FT Grants Specialist 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT Maintenance, Construction & Resource Supv.35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT Management Analyst II 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT Procurement & Contracting Agent/Specialist 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT Property Management Specialist II 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT Real Property Specialist II 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT Supervising Ranger 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT Training & Safety Specialist 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT Midpeninsula Regional Open Space District - CLASSIFICATION & COMPENSATION PLAN Fiscal Year 2017/2018 - Effective 6/13/2018 (Pay Period 18-13) Last revised: 6/13/2018, 1/24/2018, 12/13/2017, 7/1/17, 5/10/17, 4/12/2017, 2/22/2017, 10/26/16, 8/29/16, 7/01/16 Classification Title Hourly Range $Monthly Range $Annual Range $ Exhibit B Applications Engineer 36 41.7808 52.1712 7,242 9,043 86,904 108,516 FT Public Affairs Specialist II 36 41.7808 52.1712 7,242 9,043 86,904 108,516 FT Data Administrator 38 43.8635 54.7904 7,603 9,497 91,236 113,964 FT Governmental Affairs Specialist 38 43.8635 54.7904 7,603 9,497 91,236 113,964 FT Senior Technologist 38 43.8635 54.7904 7,603 9,497 91,236 113,964 FT Facilities Maintenance Supervisor 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT Capital Projects Field Manager 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT Capital Project Manager III 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT Planner III 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT Public Affairs Specialist III 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT Resource Management Specialist III 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT Senior Property Management Specialist 40 46.0615 57.5192 7,984 9,970 95,808 119,640 FT Senior Real Property Specialist 40 46.0615 57.5192 7,984 9,970 95,808 119,640 FT Special Projects Manager 40 46.0615 57.5192 7,984 9,970 95,808 119,640 FT Senior Accountant 41 47.2038 58.9615 8,182 10,220 98,184 122,640 FT Senior Management Analyst 41 47.2038 58.9615 8,182 10,220 98,184 122,640 FT Area Manager 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT Area Superintendent 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT District Clerk/Assistant to General Manager 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT GIS Program Administrator 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT Information Technology Program Administrator 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT Human Resources Supervisor 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT Senior Capital Project Manager 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT Senior Planner 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT Senior Resource Management Specialist 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT Budget & Analysis Manager 48 55.9846 69.9173 9,704 12,119 116,448 145,428 FT Finance Manager 48 55.9846 69.9173 9,704 12,119 116,448 145,428 FT Human Resources Manager 48 55.9846 69.9173 9,704 12,119 116,448 145,428 FT Information Systems & Technology Manager 48 55.9846 69.9173 9,704 12,119 116,448 145,428 FT Engineering & Construction Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT Land & Facilities Services Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT Natural Resources Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT Operations Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT Planning Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT Public Affairs Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT Real Property Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT Visitor Services Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT Assistant General Counsel I 53 63.2596 79.0096 10,965 13,695 131,580 164,340 FT Assistant General Counsel II 55 66.4269 82.9615 11,514 14,380 138,168 172,560 FT Assistant General Manager 59 73.2404 91.4654 12,695 15,854 152,340 190,248 FT Chief Financial Officer/Director Administrative Services 59 73.2404 91.4654 12,695 15,854 152,340 190,248 FT * OST will receive an additional 1% stipend for Class A or B license; Lead OST 1% for Class A. Board Appointee Group Compensation Hourly Monthly Annual Effective General Manager $108.1731 $18,750 $225,000 6/13/2018 Controller - Part-time position $84.9750 $3,682 $44,187 12/13/2017 General Counsel $110.3072 $19,120 $229,439 12/13/2017 Elected Officials Compensation Board Director Monthly MaximumPer Meeting $100.00 $500.00 The District’s Personnel Policies and Procedures provide that the compensation for an employee’s temporary out-of-class / Acting Assignment 1/1/2006 Last Revised 12/13/2017 11/1/2016 7/1/2016 Effective Date Exhibit B shall be at least 5% but not more than 10% more than her/his current salary. Pursuant to Government Code 20480, out of class appointments shall not exceed a total of 960 hours in each fiscal year. Exhibit B R-18-62 Meeting 18-24 June 13, 2018 AGENDA ITEM 7 AGENDA ITEM Consideration of the Controller’s Report on the Proposed Fiscal Year 2018-19 Budget. ACTING GENERAL MANAGER’S RECOMMENDATION Approve the Controller’s Report on the Fiscal Year 2018-19 Budget. SUMMARY Midpeninsula Regional Open Space District (District) will begin the new fiscal year with cash balances totaling an estimated $73.6 million in the general fund, $53.4 million in Measure AA (MAA) funds, and $1.5 million in the Hawthorn endowment fund. Projected revenues and cash are adequate to cover budgeted debt service, reserve requirements, operating expenses, and capital expenditures. District long-term financial projections indicate that the proposed budget is sustainable and consistent with District plans and objectives. The estimated MAA tax rate requirement for Fiscal Year (FY) 2018-19, which will be presented for your consideration and approval in August, is $2.02. DISCUSSION The first attachment, FY2018-19 Cash Projection, summarizes the proposed budget and my estimate of projected results, breaking the income and spending into three funds: [1] the general fund, [2] the MAA capital fund, and [3] the Hawthorn endowment fund. The first column lists a summary of the proposed budget. The second column shows my expectations, based on experience, of likely budget variances, including completing the purchase of the new headquarters building ($31.55 million) and likely land purchases from the MAA fund ($5.0 million). The estimated beginning cash balances assume certain land purchases and other capital expenditures in the last three months of the current fiscal year, which could be delayed into 2018-19. The starting general fund cash balance also assumes that the Board approves an upcoming staff recommendation to pay down, in June, another $500,000 of the District’s unfunded pension liability. General Fund Tax Revenue General fund tax revenue to be received between July 1, 2017 and June 30, 2018 is budgeted at $48.3 million (67% from Santa Clara County and 33% from San Mateo County), a projected annual increase of 6.0%. This reflects a projected 6.8% increase in secured property taxes and a 0.7% decrease in unsecured, supplemental and redevelopment-related taxes. This compares to an estimated 7.7% increase in general fund property tax revenue in FY2017-18. The average R-18-62 annual increase in general fund tax revenue over the last ten years has been 6.1%, including the impact of the recession in 2009-12. Tax revenue represents 95% of total budgeted general fund revenue. General Fund Debt Service The debt service requirement for non-MAA debt for FY2018-19 is $11.02 million, up 25% from the current year due to the issuance of the 2017 Parity Bonds. The scheduled debt service payments are detailed in the Debt Service Annual Claims List. Other General Fund Expenditures 1. Non-MAA Capital Expenditures: The budget includes $7.69 million for capital expenditure (capex) projects that do not qualify for MAA funding. The attachment breaks this general fund capex into two lines, one for new staff facilities and the second for other general fund capex. The budget column includes $1.46 million related to new staff facilities, but excludes the purchase of the new headquarters facility ($31.55 million). The projected column includes both of these facility-related expenditures, offset by the $3.1 million deposit paid in July 2017. As shown in the middle column, I have assumed that 15% of the budgeted non-facilities-related general fund capex is unlikely to be completed in this fiscal year. 2. Operating Expenses are budgeted at $33.54 million, or 69% of projected general fund tax revenue. If the District spends 97% of this operating budget, consistent with the last two years, operating spending would be at 67% of tax revenue, which is compatible with the long-term financial model. At 97% of budget, operating spending would be up 10% over my forecast for current year actual spending, or 12% excluding the pension pre- payment. Committed and General Fund Reserves If all general fund revenues and expenditures occur as projected, the June 30, 2019 general fund cash balance would be $46.4 million. This includes completing the $31.15 million building purchase, which will be funded from committed facilities reserves. Other facility-related capex will be funded from the 2017 Parity Bonds. This projected year-end general fund cash balance easily covers all reserve requirements, including the $2.15 million additional committed reserves recommended for approval on May 9. MAA Revenue and Tax Rate This year’s tax levy must cover debt service requirements of the 2015 and 2018 Series General Obligation (GO) Bonds in September 2018, March 2019 and September 2019. Including a 15% reserve on the September 2019 payments and the offsetting beginning cash and available bond premium, the total cash requirement is estimated at $5.73 million. This calculation and the associated tax rate is shown in the second attachment, 2018-19 MAA Revenue Requirement and Tax Rate. The levy must include the heavy September debt service for the following year because we do not receive any significant tax revenue until December. In future GO bond R-18-62 offerings, we will attempt to schedule principal payments after December to minimize this front- loading effect. The projected assessed valuation of the District in 2018-19 is $283.6 billion. Thus, it is expected that in August, with the guidance of our consultant Goodwin Consulting Group, we will be recommending a tax rate of approximately $2.02, up from $0.90 in 2017-18. MAA Fund Capital Expenditures The budget includes $14.83 million of MAA capex, excluding purchases of land. My projection assumes that 80% of this budget will be spent in 2018-19 and that MAA land purchases will total $5.0 million, for total MAA capex spending of $16.86 million. MAA Debt Service Scheduled debt service on outstanding GO bonds totals $4.65 million in 2018-19. This will be offset by $2.06 million of funding from our bond premium account, leaving net MAA debt service payments of $2.59 million. Hawthorn Endowment The budget includes $121,500 of spending from the Hawthorn endowment. Including an estimated beginning cash balance of $1.53 million and $36,000 of interest income, the projected June 30, 2019 balance would be $1.44 million. Long-Term Financial Model Also attached is the latest version of the thirty-year financial model. The model confirms that the FY2018-19 budget, adjusted for likely variances, is sustainable and consistent with District long- term financial plans. The projection assumes that the next issuance of GO bonds would be in the fall of 2020, in the amount of $50 million. This would complete the District portion of the funding for two large potential MAA land purchases. This projection assumes a 4.5% AV increase in 2019-20 and 3.5% per year thereafter, and growth in operating expenses at two percentage points higher for the next 15 years and 0.8 percentage points higher thereafter. I also increased the assumed percentage of grant coverage from 5% to 6% of MAA spending. Given the assumed AV growth, which is far below what the District has experienced over its history (over 6%/year) and other stated assumptions, the District would have MAA bond funding, within the $3.18 target maximum tax rate, to complete MAA projects in 2041-42, five years early. FISCAL IMPACT There are no unbudgeted fiscal impacts associated with this Agenda Item. R-18-62 PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE Board review of the Controller’s Report is not a project under the California Environmental Quality Act and no environmental review is required. NEXT STEPS Following this Agenda Item, the Board will be asked to evaluate the FY2018-19 Budget in view of the information contained in the Controller’s report. Attachments: 1. FY 2018-19 Cash Projection 2. 2018-19 MAA Revenue Requirement and Tax Rate 3. MROSD 30 Year Cash Flow Projection Prepared by: Michael L. Foster, Controller FY18-19BUDGET 11:59 AM6/8/2018 ($Millions) BUDGET adjust Projected EST. BEGINNING GENERAL CASH 73.64 73.64 GENERAL FUND TAX REVENUE 48.31 48.31 SANTA CLARA COUNTY PARKS 0.37 0.37 PROPERTY MANAGEMENT 1.04 1.04 INTEREST INCOME 1.04 1.04 OTHER INCOME 0.10 0.10 TOTAL GENERAL FUND REVENUE 50.87 50.87 OPERATING EXPENSES 33.54 -3%32.53 NEW FACILITIES 1.46 31.55 33.01 DEPOSIT ON NEW AO FROM 2017 (3.10)(3.10) NON-MAA CAPITAL SPENDING 6.23 -15%5.30 NON-MAA DEBT SERVICE 11.02 11.02 TOTAL GENERAL FUND SPENDING 52.25 78.76 OPERATING CASH FLOW (1.38)(27.89) NET MAA REIMBURSEMENTS 0.60 0.60 ENDING GENERAL FUND CASH 72.26 46.35 COMMITTED RESERVES 42.85 (31.55)11.30 AVAILABLE GENERAL FUND CASH 29.41 35.05 EST. BEGINNING MMA FUND CASH 49.68 49.68 MAA DEBT SERVICE 4.65 (2.06)2.59 MAA TAX REVENUE 5.73 5.73 INTEREST INCOME 0.94 0.94 GRANT INCOME 1.01 1.01 MAA CAPITAL SPENDING 14.83 -20%11.86 MAA LAND PURCHASES 0.00 5.00 5.00 REIMBURSE THE GENERAL FUND 13.48 16.46 ENDING MAA FUND CASH BALANCE 38.22 37.31 BEGINNING HAWTHORN CASH 1.53 1.53 HAWTHORNE INTEREST 0.04 0.04 HAWTHORNE SPENDING 0.12 0.12 ENDING HAWTHORN FUND CASH 1.44 1.44 ENDING BOND PREMIUM CASH 1.63 1.63 ENDING TOTAL CASH BALANCES 113.56 86.74 FY2018-19 Cash Projection Attachment 1 MAA 2018-19 Rev 12:00 PM6/8/2018 Balance of funds March 31, 2018 1,116,541$ Expected Receipts April-June 2018 ($2.4M for FY17-18)913,000 Debt Service September 2018 2015 Series 1,745,469 2018 Series 1,075,593 2018 Series Premium (1,075,593) Debt Service March 2019 2015 Series 846,569 2018 Series 982,775 2018 Series Premium (982,775) Debt Service September 2019 2015 Series 1,751,569 2018 Series 3,727,775 2018 Series Premium (982,775) 15% Reserve (15% of September 19)674,485 Cash requirements for 2018-19 5,733,551$ Projected Assessed Valuation (billions)283.6$ Projected Tax Rate 2.02$ 2018-19 MAA Revenue Requirement and Tax Rate Attachment 2 30YRCF050518 11:58 AM6/8/2018 MROSD 30 YEAR CASH FLOW PROJECTION (FY18-47) ($Millions)TAX GROWTH (*): 3.5 %NON-MAA CAPEX BASE:$4.0 M 22-32 RESERVE INCR:$25 M 5/5/18 OPEX GROWTH: 5.5 %NON-MAA CAPEX GR:4.0 %OTHER REVENUE GR:2 % OPEX GR > TAX GR:2.0 %17-19 OPEX GROWTH:23%GRANTS/MAA CAPEX:6 % FISCAL YEAR: 16-17 17-18 18-19 19-20 20-21 21-22 22-23 23-24 24-25 25-26 26-27 27-28 28-29 29-30 30-31 31-32 FY18-32 BEGINNING GEN CASH 55.75 59.49 73.64 46.35 43.39 48.30 44.43 53.41 57.49 61.12 64.14 66.84 69.15 72.61 75.37 76.24 TAX REVENUE 42.28 45.60 48.31 50.48 52.25 54.08 55.97 57.93 59.96 62.06 64.23 66.48 68.80 71.21 73.71 76.28 907.4 NET LEASE REVENUE 0.40 0.50 0.30 0.40 0.40 0.40 0.40 0.40 0.40 0.40 0.40 4.4 SALE OF BUILDING 7.50 7.5 OTHER REVENUE 3.05 2.66 2.56 2.50 2.55 2.60 2.85 2.91 2.97 3.03 3.09 3.15 3.21 3.28 3.34 3.41 44.1 OPERATING REVENUES 45.34 48.26 50.87 53.38 55.30 56.98 66.73 61.24 63.33 65.49 67.72 70.03 72.42 74.89 77.05 79.69 963.4 OPERATING EXPENSES 26.39 29.58 32.53 34.65 36.55 38.25 39.97 42.17 44.49 46.94 49.52 52.24 55.11 58.15 61.34 64.72 686.2 Operating Exp/Taxes 62%65%67%69%70%71%71%73%74%76%77%79%80%82%83%85% NON-MAA CAPEX 4.38 2.69 5.30 4.00 4.16 4.33 4.50 4.68 4.87 5.06 5.26 5.47 5.69 5.92 6.16 6.40 74.5 NEW FACILITIES 3.15 33.01 3.30 3.00 7.54 1.00 51.0 DEPOSITS/ADJUSTMTS 1.74 1.66 -3.70 4.00 -4.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -2.0 NON-MAA DEBT SERVICE 9.09 8.84 11.02 10.40 10.68 10.74 12.28 10.31 10.34 10.46 10.23 10.00 8.16 8.06 8.67 8.54 148.7 NON-MAA SPENDING 41.60 45.92 78.16 56.35 50.39 60.85 57.75 57.16 59.70 62.46 65.02 67.72 68.97 72.13 76.17 79.66 958.4 OPERATING CASH FLOW 3.74 2.33 -27.29 -2.96 4.91 -3.87 8.97 4.08 3.63 3.02 2.70 2.31 3.45 2.76 0.87 0.04 5.0 BOND PROCEEDS (NET)11.82 11.8 ENDING GENERAL CASH 59.49 73.64 46.35 43.39 48.30 44.43 53.41 57.49 61.12 64.14 66.84 69.15 72.61 75.37 76.24 76.28 COMMITTED RESERVES 35.40 42.55 11.30 11.60 11.90 12.20 18.70 20.70 22.70 24.70 26.70 28.70 30.70 32.70 34.70 36.70 AVAILABLE GEN CASH 24.09 31.09 35.05 31.79 36.40 32.23 34.71 36.79 38.42 39.44 40.14 40.45 41.91 42.67 41.54 39.58 BOND PROCEEDS (NET)50.00 50.00 30.00 25.00 25.00 180.0 GO BOND DEBT SERVICE 1.46 1.96 2.59 5.64 6.46 7.18 7.68 8.28 10.07 10.07 10.07 11.67 11.67 11.67 13.30 13.30 131.6 GO BOND TAX REVENUE 1.58 2.40 5.73 5.30 7.35 7.24 8.32 8.28 10.07 10.07 10.07 11.67 11.67 11.67 13.30 13.30 136.4 INTEREST LESS COI 0.15 0.33 0.94 0.50 0.20 0.70 0.30 0.20 0.50 0.25 0.20 0.40 0.25 0.20 0.40 0.20 5.6 MAA CAPEX 16.89 12.71 16.86 34.40 17.15 23.00 10.00 11.00 11.00 10.50 9.50 9.50 9.00 9.25 9.00 9.00 201.9 LESS: GRANT INCOME 0.62 1.33 1.01 1.10 1.03 1.38 0.60 0.66 0.66 0.63 0.57 0.57 0.54 0.56 0.54 0.54 11.7 NET MAA CAPEX 16.27 11.38 15.86 33.30 16.12 21.62 9.40 10.34 10.34 9.87 8.93 8.93 8.46 8.70 8.46 8.46 190.2 BOND REIMBURSEMENT 8.54 17.15 16.46 29.30 20.12 21.62 9.40 10.34 10.34 9.87 8.93 8.93 8.46 8.70 8.46 8.46 196.5 MAA FUND CASH 16.06 49.68 37.31 8.17 39.13 18.27 9.81 29.67 19.83 10.21 26.48 17.95 9.74 26.25 18.19 9.93 ENDOWMENT CASH 1.47 1.53 1.45 1.36 1.29 1.22 1.15 1.07 1.00 0.92 0.85 0.77 0.69 0.61 0.53 0.45 1.03 ENDING TOTAL CASH 77.02 124.86 86.75 52.92 88.72 63.92 64.36 88.23 81.94 75.27 94.17 87.87 83.03 102.22 94.95 86.65 CUMM MAA CAPEX 42.5 55.2 72.1 106.5 123.6 146.6 156.6 167.6 178.6 189.1 198.6 208.1 217.1 226.4 235.4 244.4 (*) Starting 2020-21, 6.0% in 2018-19 and 4.5% in 2019-20 Attachment 3 30YRCF050518 11:58 AM6/8/2018 MROSD 30 YEAR CASH FLOW PROJECTION (FY17-46) 5/5/18 TAX GROWTH: 3.5 %NON-MAA CAPEX BASE:$4.0 M 32-45 RESERVE INCR:$1.00 M/year ($Millions)OPEX GROWTH: 4.30 %NON-MAA CAPEX GR:3.5 % OCCUPY ENTIRE AO:2031 OPEX GR > TAX GR:0.80 %OTHER REVENUE GR:1.5 %GRANTS/MAA CAPEX:6 % FISCAL YEAR: 31-32 32-33 33-34 34-35 35-36 36-37 37-38 38-39 39-40 40-41 41-42 42-43 43-44 44-45 45-46 46-47 FY33-47 BEGINNING GEN CASH 76.24 76.28 76.20 76.01 76.67 75.97 75.32 76.97 81.74 86.96 91.57 95.50 98.70 100.61 101.65 101.75 TAX REVENUE 76.28 78.95 81.72 84.58 87.54 90.60 93.77 97.06 100.45 103.97 107.61 111.37 115.27 119.31 123.48 127.80 1523.5 OTHER REVENUE 3.41 3.46 3.51 3.57 3.62 3.67 3.73 3.78 3.84 3.90 3.96 4.02 4.08 4.14 4.20 4.26 57.7 OPERATING REVENUES 79.69 82.42 85.23 88.14 91.16 94.28 97.50 100.84 104.29 107.87 111.56 115.39 119.35 123.44 127.68 132.07 1581.2 OPERATING EXPENSES 64.72 67.50 70.40 73.43 76.59 79.88 83.32 86.90 90.64 94.53 98.60 102.84 107.26 111.87 116.68 121.70 1382.1 Operating Exp/Taxes+RR 85%85%86%87%87%88%89%90%90%91%92%92%93%94%94%95% NON-MAA CAPEX 6.40 6.63 6.86 7.10 7.35 7.61 7.87 8.15 8.43 8.73 9.03 9.35 10.18 10.53 10.90 11.28 130.0 DEPOSITS/ADJUSTMTS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NON-MAA DEBT SERVICE 8.54 8.36 8.16 6.95 7.93 7.43 4.66 1.03 44.5 NON-MAA SPENDING 79.66 82.49 85.42 87.48 91.86 94.92 95.85 96.08 99.07 103.26 107.63 112.19 117.44 122.41 127.58 132.98 1556.7 OPERATING CASH FLOW 0.04 -0.07 -0.19 0.66 -0.71 -0.65 1.65 4.76 5.22 4.61 3.93 3.20 1.91 1.04 0.10 -0.92 24.6 ENDING GENERAL CASH 76.28 76.20 76.01 76.67 75.97 75.32 76.97 81.74 86.96 91.57 95.50 98.70 100.61 101.65 101.75 100.83 COMMITTED RESERVES 36.70 37.70 38.70 39.70 40.70 41.70 42.70 43.70 44.70 45.70 46.70 47.70 48.70 49.70 49.70 49.70 AVAILABLE GEN CASH 39.58 38.50 37.31 36.97 35.27 33.62 34.27 38.04 42.26 45.87 48.80 51.00 51.91 51.95 52.05 51.13 BOND PROCEEDS (NET)25.00 25.00 25.00 75.0 GO BOND DEBT SERVICE 13.30 13.30 14.92 14.92 14.92 16.55 16.55 16.55 18.17 18.17 18.17 18.17 18.17 18.17 18.17 15.62 250.5 GO BOND TAX REVENUE 13.30 13.10 14.70 14.70 14.70 16.30 16.30 16.30 17.90 17.90 17.90 18.17 18.17 18.17 18.17 15.62 248.1 INTEREST LESS COI 0.20 0.15 0.25 0.20 0.10 0.35 0.15 0.14 0.28 0.12 0.02 1.8 MAA CAPEX 9.00 9.25 9.00 9.00 10.00 9.50 9.50 10.00 10.00 10.00 3.38 89.6 LESS: GRANT INCOME 0.54 0.56 0.54 0.54 0.60 0.57 0.57 0.60 0.60 0.60 0.20 0.00 0.00 0.00 0.00 0.00 5.4 NET MAA CAPEX 8.46 8.70 8.46 8.46 9.40 8.93 8.93 9.40 9.40 9.40 3.18 0.00 0.00 0.00 0.00 0.00 84.3 BOND REIMBURSEMENT 8.46 8.70 8.46 8.46 9.40 8.93 8.93 9.40 9.40 9.40 3.18 0.00 0.00 0.00 0.00 0.00 84.3 MAA FUND CASH 9.93 26.18 17.75 9.26 24.74 15.91 6.88 22.38 12.98 3.43 0.00 0.00 0.00 0.00 0.00 0.00 ENDOWMENT 0.45 0.41 0.37 0.33 0.29 0.25 0.21 0.17 0.13 0.09 0.05 0.01 0.00 0.00 0.00 0.00 0.45 ENDING TOTAL CASH 86.65 102.79 94.12 86.26 100.99 91.48 84.06 104.28 100.06 95.08 95.54 98.70 100.61 101.64 101.74 100.82 CUMM MAA CAPEX 244.4 253.6 262.6 271.6 281.6 291.1 300.6 310.6 320.6 330.6 334.0 334.0 334.0 334.0 334.0 334.0 Attachment 3 30YRCF050518 11:58 AM6/8/2018 5/5/18 FISCAL YEAR: 16-17 17-18 18-19 19-20 20-21 21-22 22-23 23-24 24-25 25-26 26-27 27-28 28-29 29-30 30-31 31-32 AV GROWTH (starting 20-21):3.5 % ASSESSED VALUE ($B)244.5 265.5 283.6 296.3 306.7 317.4 328.5 340.0 351.9 364.2 377.0 390.2 403.8 418.0 432.6 447.8 MAA DEBT SERVICE ($M)1.46 1.96 4.65 7.27 6.96 8.18 8.18 8.28 10.07 10.07 10.07 11.67 11.67 11.67 13.30 13.30 less Bond Premium 2.06 1.63 0.50 1.00 0.50 NET MAA DEBT SVC 2.59 5.64 6.46 7.18 7.68 MAA TAX REVENUE 2.40 5.73 5.30 7.35 7.24 8.32 8.28 10.07 10.07 10.07 11.67 11.67 11.67 13.30 13.30 TAX RATE $0.60 $0.90 $2.02 $1.79 $2.40 $2.28 $2.53 $2.44 $2.86 $2.76 $2.67 $2.99 $2.89 $2.79 $3.07 $2.97 FISCAL YEAR: 31-32 32-33 33-34 34-35 35-36 36-37 37-38 38-39 39-40 40-41 41-42 42-43 43-44 44-45 45-46 46-47 AV GROWTH: 3.5 % ASSESSED VALUE ($B)447.8 463.4 479.6 496.4 513.8 531.8 550.4 569.7 589.6 610.2 631.6 653.7 676.6 700.3 724.8 750.1 MAA DEBT SERVICE ($M)13.30 13.30 14.92 14.92 14.92 16.55 16.55 16.55 18.17 18.17 18.17 18.17 18.17 18.17 18.17 15.62 MAA TAX REVENUE 13.30 13.10 14.70 14.70 14.70 16.30 16.30 16.30 17.90 17.90 17.90 18.17 18.17 18.17 18.17 15.62 TAX RATE $2.97 $2.83 $3.06 $2.96 $2.86 $3.06 $2.96 $2.86 $3.04 $2.93 $2.83 $2.78 $2.69 $2.59 $2.51 $2.08 MROSD PROJECTED MEASURE AA TAX RATE Attachment 3 R-18-63 Meeting 18-24 June 13, 2018 AGENDA ITEM 8 AGENDA ITEM Fiscal Year 2018-19 Budget and Capital Improvement and Action Plan ACTING GENERAL MANAGER’S RECOMMENDATION 1. Adopt a Resolution approving the FY2018-19 Budget and Capital Improvement and Action Plan. 2. Approve three new positions in the Visitor and Field Services business line. 3. Approve two new positions in the Finance and Administrative Services business line. 4. Approve elimination of one existing position in the Finance and Administrative Services business line. 5. Adopt a Resolution approving the Classification and Compensation Plan. SUMMARY The proposed Fiscal Year (FY) 2018-19 regular budget totals $71.8 million, which is a 17% increase over the prior year’s adopted budget, largely due to an increase in capital expenditures and debt service (increases of 17% and 18% for MAA Capital and General Fund Capital, respectively, and 34% in annual debt service from the current year). The proposed budget reflects a staff growth of four new net positions to assist with project delivery and field construction, respond to the notable growth in Preserve visitation, public interest in interpretive/educational programming, and additional administrative business needs. These positions enable the organization to continue supporting the implementation of capital projects funded largely by Measure AA and serve the public who are enjoying Midpeninsula Regional Open Space District (District) Preserves, including the newly built facilities and recently opened natural areas. The acquisition of the new Administrative Office is scheduled to close escrow no later than January 22, 2019. The purchase price of $31,550,100 is included in the FY2018-19 budget as a one-time line item and is funded from the Committed Fund Balance Reserve. This one-time acquisition increases the FY2018-19 budget from $71.8 million to a grand total of $103.4 million. On February 1, 2018, the Board of Directors (Board) held its annual retreat to review the environmental scan prepared by staff and to adjust the District’s Strategic Goals. The Board then R-18-63 Page 2 held a second retreat on March 15, 2018 to establish the priorities for the following fiscal year for inclusion into the FY2018-19 Budget and Capital Improvement and Action Plan (CIAP). The priorities established by the Board for FY2018-19 are as follows: 1. Open upper La Honda Creek Open Space Preserve to public access; 2. Open western Bear Creek Redwoods Open Space Preserve to public access; 3. Expand regional trail connections and wildlife corridors; 4. Demonstrate further progress on other Measure AA projects; 5. Continue improvements to staff facilities, technology and information systems, and organizational practices and processes; 6. Further progress on other projects related to the strategic plan or mission delivery; and 7. Continue to support sustainable agriculture. The proposed FY2018-19 CIAP reflects Board priorities and is comprised of 96 Key Projects and 22 Operating Projects. See Attachment 1 for the Resolution approving the FY2018-19 Budget and Capital Improvement and Action Plan, and Exhibit A for the FY2018-19 Budget book. The most current Classification and Compensation Plan and resolution to approve this plan are attached to the report. The Classification and Compensation Plan may be modified throughout the fiscal year via subsequent Board resolutions. See Attachment 2 for the Resolution approving the Position Classification and Compensation Plan; Exhibit A includes a copy of the Plan. Following the May 23, 2018 Board meeting, the project description for Cooley Landing Park Business and Operation Plan (Project #31801) was revised to provide clarity; Attachment 3 includes a red-lined version of the proposed changes for the Board’s review. Project scope and proposed budget did not change. The updated project description will be reflected in the FY2018-19 Budget book. DISCUSSION Revenue The proposed FY2018-19 budget includes revenues from numerous sources, with the vast majority coming from property tax receipts. The District also receives annual revenues from various grants, interest income, rental income, and a small amount of miscellaneous income. Measure AA Bonds are also a significant funding source for qualified capital projects. Annual property taxes – which make up 92% of total revenues – are estimated at $54 million for FY2018-19. Estimated property tax revenues are up $7.1 million when compared to the current fiscal year ($46.99 million in FY2017-18). The table below summarizes the total estimated FY2018-19 revenue and other funding sources. R-18-63 Page 3 When compared to the current fiscal year (adopted FY2017-18 budget), total revenues and other funding sources ($63,423,433) are up $15.7 million, or 25%. Of note is the treatment of unused CIAP funds within Fund 10 and Fund 40 (General Fund and General Fund Capital). Starting in FY2018-19, any unused CIAP funds identified as part of the quarterly adjustment process will be “rolled-over” into the next fiscal year for later use. These funds are identified in the Assigned Fund Balance Transfers line in the table above. Acquisition of the new Administrative Office is scheduled to close no later than January 22, 2019 and will be funded via a Committed Fund Balance Reserve, which is shown as a separate funding source in the revenue table above. Additional year-over-year revenue trends are shown in the graph to the right. The Controllers Report discusses the District’s financial standing, with details on the FY2018-19 cash projections, MAA revenue requirements, and tax rate and 30-year cash flow projections as background information. The Controllers Report will also be presented at the June 13, 2018 Board meeting as a separate Agenda Item. Expenditures The Proposed FY2018-19 budget totals $71.8 million, a 17% increase over the prior year adopted. This rise is largely due to (1) an increase in capital expenditures, with a 17% and 18% increase from for MAA Capital and General Fund Capital, respectively, and (2) a 34% increase Fund 10 Fund 20 Fund 30 Fund 40 Fund 50 Total General Fund Hawthorn Measure AA Capital General Fund Capital Debt Service Revenue Property Tax Revenues $48,313,000 $5,733,551 $54,046,551 Grants 1,042,040 1,042,040 Interest Income 1,043,000 36,000 940,000 2,019,000 Rental Income 1,221,124 1,221,124 Rancho San Antonio Agreement 371,738 371,738 Miscellaneous 100,000 100,000 Total Revenues 51,048,862 36,000 1,042,040 0 6,673,551 58,800,453 Other Funding Sources Bond Reimbursements 13,783,984 1,457,600 15,241,584 Hawthorn Funds 85,500 85,500 Bond/Debt Service Premium 2,058,368 2,058,368 Assigned Fund Balance Transfers 2,938,250 2,938,250 General Fund Transfers (14,614,635)3,294,050 11,320,585 0 Total Other Funding Sources (14,614,635)85,500 13,783,984 7,689,900 13,378,953 20,323,702 Total Funding Sources $36,434,227 $121,500 $14,826,024 $7,689,900 $20,052,504 $79,124,155 Committed Fund Balance Transfers 31,550,100 31,550,100 Grand Total: Funding Sources $36,434,227 $121,500 $14,826,024 $39,240,000 $20,052,504 $110,674,255 R-18-63 Page 4 in the annual debt service. The FY2018-19 budget book includes details in Section II for the overall budget and Section III for the CIAP. Acquisition of the new Administrative Office is shown as a separate action in the expenditure tables. The table below shows the District’s total budget by funding source for FY2018-19 and the percent change as compared to the current fiscal year. Primary drivers within each fund are discussed below. • General Fund Operating (fund 10): The operating fund includes Salaries and Benefits as well as Services and Supplies. Salaries and Benefits increased due to the annualized cost of a net four new positions added and cost-of-living adjustments. Services and Supplies also rose, reflecting an increased number of total Operating projects, including natural resource evaluation studies, such as the Badger/Burrowing Owl Habitat Assessment and District-Wide Pond Assessment projects. • Hawthorn (fund 20). The Hawthorn fund includes retaining architectural and cultural resource consultants to evaluate a potential partner proposal for rehabilitation and adaptive reuse of the historic complex, which is anticipated in the summer/fall 2018. As part of this work, District staff will confirm consistency of the proposal with the Conservation Easement and other legal documents, and if acceptable, present to the Planning and Natural Resources Committee and/or Board. In the event of an unsuccessful partnership, Board approval to proceed with a mothballing process will be recommended to protect the main residence and other structures. • Measure AA Land/Capital (fund 30). The Measure AA capital fund includes projects related to the opening of Bear Creek Redwoods and Upper La Honda Creek, Oljon Trail construction in El Corte de Madera Creek, as well as the restoration of the Twin Creeks Property addition to Sierra Azul, resulting in an increase of 19% to the overall Measure AA capital budget for FY2018-19. These projects also include the Bear Creek landfill remediation and Upper La Honda Creek grazing infrastructure improvements. Work will continue on the Upper La Honda – Red Barn Public Access Site Plan and trail connections, Bear Creek Redwoods public access improvements, Alma College structures cleanup and stabilization, and Bear Creek Stables site and water system improvements. • General Fund Land/Capital (fund 40). The increase in General Fund Capital is largely due to projects in support of Measure AA and the Vision Plan ($670,000), projects to FY2016-17 FY2017-18 FY2018-19 $ Change From % Change From District Budget By Actuals Adopted Proposed FY2017-18 FY2017-18 Funding Source Budget Annual Budget Adopted Budget Adopted Budget Fund 10 – General Fund Operating $24,496,501 $30,344,413 $33,539,934 $3,195,521 11% Fund 20 – Hawthorn Fund 6,146 166,500 121,500 (45,000) -27% Fund 30 – MAA Land/Capital 16,887,013 12,637,845 14,826,024 2,188,179 17% Fund 40 – General Fund Land/Capital 4,378,577 6,533,040 7,689,900 1,156,860 18% Fund 50 – Debt Service 12,383,446 11,721,637 15,670,990 3,949,353 34% Total District Budget $58,151,683 $61,403,435 $71,848,348 $10,444,913 17% Fund 40 – New AO Building 31,550,100 31,550,100 -- Grand Total: District Budget $58,151,683 $61,403,435 $103,398,448 $41,995,013 68% R-18-63 Page 5 improve District infrastructure, offices, and fiber connectivity ($3 million), vehicles and equipment ($940,000), repairs and maintenance to tenant residences and driveways, and disposition of unoccupied structures. Similar to last year, land acquisitions and preservation projects are listed in the CIAP as in support of Measure AA. Until a transaction is closed, expenditures, such as appraisals and other costs associated with property research and early negotiations, are budgeted in General Fund Capital (fund 40). Once a transaction has closed, the eligible Measure AA reimbursable expenditures are recoded and transferred to Measure AA Capital fund 30. The acquisition of the new Administrative Office is scheduled to close no later than January 22, 2019 and will be funded via Committed Fund Balance and is shown as a separate action within fund 40. • Debt Service (fund 50). The Debt Service Fund for FY2018-19 increased by approximately $3.9 million or 34% from FY2017-18. With issuance of the second tranche of Measure AA bonds in January 2018, the Measure AA debt service obligations increased by approximately $2.0 million. The General Fund debt service obligations for FY2018-19 increased by approximately $600,000 for the various refunding bonds and $1.3 million for the facility parity bonds. A new sinking fund is proposed for the Hunt note, which has a $1.5 million balloon payment due on April 1, 2023 in FY2022-23. The proposed budget includes a $300,000 increase in debt service general fund transfers to this sinking fund, which will be recorded as a Committed Fund Balance. Annual contributions will be $300,000 for five years. Capital Improvement and Action Plan (CIAP) The Action Plan was combined with the Capital Improvement Plan in the budget book to reduce duplication of information and effort, provide multi-year budget information, and create a consolidated view of major District projects and activities. This section of the budget is now called the Capital Improvement and Action Plan (CIAP). Projects that are $50,000 or more are specified in this section. Projects below this threshold are included in the Department Summary section of the budget book; these projects were called out as Operating Projects during the March 15, 2018 Board retreat. Last year’s Action Plan projects were grouped into six program categories. The new CIAP consolidates these the programs into four categories, as outlined in the following figure: Land Acquisition and Preservation Natural Resource Protection and Restoration New: Public Access, Education, and Outreach Former: Public Access & Education Former: Public Outreach New: Infrastructure and Other Former: Infrastructure and Other Former: Administrativeand Other R-18-63 Page 6 The Acting General Manager is mindful of the Board’s list of success criteria that emphasize delivery of Measure AA commitments, projects completed on time and on budget, pacing of projects, balanced delivery of the mission, exceptional work recognizing time and budget constraints, project delivery innovation, creating an exceptional organization, and careful long- term fiscal stewardship. To support these important organizational norms, the Acting General Manager approaches new projects and initiatives – whether directed by the Board or identified as opportunities by staff – objectively and thoroughly to understand the impacts on capacity, as well as project and staffing interdependencies. To this end, all departments completed comprehensive resource loading on the proposed FY2018-19 CIAP projects to confirm capacity assumptions. In addition, the Acting General Manager reviewed each project scope, schedule, and budget with staff from the General Manager’s Office to confirm, and adjust as necessary, the proposed pacing and budget for each project. Finally, the proposed total budgets were presented to the District Controller, who confirmed that the budget is sustainable per the 30-year fiscal model. At the March 15, 2018 retreat, a first draft of the CIAP provided the Board with a comprehensive early look at the proposed projects for inclusion into the FY2018-19 CIAP. The document provided at the retreat included project information summarized by Fund and Program; a description, status, and FY2018-19 budget for each project, and Strategic Goals linkage. In response to Board feedback at the retreat, the following edits were made to the CIAP: • The Skyline Christmas Tree Farm project scope was changed to reassess and confirm Board direction on the Skyline Christmas Tree Farm Lease and its future site restoration. • The Public Engagement Plan will be programmed in future budget cycles as a follow-on to the District’s Strategic Communications Plan. • The Bear Creek Redwoods-Phase II Stables Loop Trail project was retitled as the Bear Creek Redwoods-Public Loop Trail to the Stables. • The 4150 Sears Ranch Road Apartment Design project was replaced with the 4150 Sears Ranch Road Water & Driveway project, as originally intended. • A separate document was prepared that identifies the various projects, core functions, and other activities that are planned in the upcoming fiscal year that further the Board’s policy and goals on diversity, inclusion, and equity. On May 1, 2018, the Action Plan and Budget Committee reviewed this document and requested that staff return to the full Board at or before the next Strategic Plan retreat with a performance review of progress made to date on these various activities to further Board diversity goals. District staff reviewed the updated CIAP to provide a realistic projection of work that could be completed with available staff and funding resources. The MAA 23-007 Twin Creeks Land Conservation project replaced both the MAA 17-002 Lysons Disposition project at Monte Bello and the Unoccupied Structures Disposition project due to the need to quickly address safety concerns related to a new property purchase. The annual District CIAP (budget book Section III) forms the fiscal year work program and includes all of the projects and key initiatives that the District will pursue in the upcoming fiscal year, and for which it will dedicate staff and financial resources. The District focused on the following key priorities when developing the FY2018-19 Capital Improvement and Action Plan: R-18-63 Page 7 1. Open upper La Honda Creek Open Space Preserve to public access; 2. Open western Bear Creek Redwoods Open Space Preserve to public access; 3. Expand regional trail connections and wildlife corridors; 4. Demonstrate further progress on other Measure AA projects; 5. Continue improvements to staff facilities, technology and information systems, and organizational practices and processes; and 6. Further progress on other projects related to the strategic plan or mission delivery; 7. Continue to support conservation agriculture. District staff prepared the FY2018-19 CIAP in accordance with Board priorities. The FY2018-19 CIAP resulted in 96 Key Action Plan Projects and 22 Operating Projects spread throughout the following Programs: Position Requests Detailed resource loading analysis confirmed the need for additional staff capacity to manage the proposed FY2018-19 Capital Improvement and Action Plan and ongoing operational workload. The resource loading analysis identified one additional position needed in Land and Facilities, two in Visitor Services, and two in Information Systems and Technology, and the removal of one position in Finance, for a total net of four new positions. Staffing growth through year 2020 in the Visitor and Field Services, and the Finance and Administrative Services business lines was anticipated and modeled in the Financial and Operational Sustainability Model (FOSM) as shown below: Capital Improvement and Action Plan Projects Total As a %Key Op Total As a % Land Acquisition and Preservation 14 11%17 17 14% Natural Resource Protection and Restoration 25 20%25 8 33 28% 47 42 5 41 28 13 Total 127 100%96 22 118 100% FY2017-18 FY2018-19 31%36 32 27% Infrastructure and Other (formerly Vehicles, Equipment, Facilities & Other) (formerly Administrative and Other) 32%23 13 37%31 1Public Access, Education, and Outreach (formerly Public Access & Education) (formerly Public Outreach) Planning and Project Delivery 10 10 to 13 0 to 3 0 0 to 3 TBD Visitor and Field Services 24 20 to 25 0 to 1 3 -2 37 to 45 Finance and Administrative Services 8 9 to 11 1 to 3 1*0 to 2 6 to 8 General Manager’s Office 3 2 -1 0 -1 0 Total 45 41 to 51 1 to 6 4 0 to 2 43 to 53 *Two positions added, one eliminated, therefore one net position added FOSM Projected Growth between 2020 to 2045 Remaining FOSM Projected Positions Before 2020 (if new positions are approved)Business Line Positions approved to date FOSM Projected Growth by 2020 Difference Between Current and FOSM Projected Recommended New Positions R-18-63 Page 8 Consistent with the FOSM, the recommended four net positions are within the agency-wide anticipated total growth numbers. The three recommended new positions in Visitor and Field Services, however, are above the projected growth for this specific business line by a count of two (2). It is important to note that these projections did not account for an expedited opening of Bear Creek Redwoods Open Space Preserve (scheduled now for Spring 2019, originally planned for 2020/2021). In addition, these projections did not account for the notable rise in visitation levels that the District is experiencing with the opening of new Preserve areas. The four new additional positions as well as their associated costs for next fiscal year are shown below, with detailed descriptions following: Organizational growth as analyzed in the FOSM, including the positions listed above, was included in the Controller’s 30-year model and is deemed financially sustainable. Information Systems & Technology (IST) Department Applications Engineer (1 FTE) This position was recommended as part of the IT Master Plan Report, which outlines the need for a subject matter expert in application support. This role, coupled with the Data Administrator, will be responsible for consolidating many of the District’s software solutions and support the new SharePoint environment. This role has been filled via a staffing agency and more recently as a limited term position since December 6, 2017. IT Technician (1 FTE) This position will increase IST capacity to support the District’s growing mobile workforce by providing technical support to staff, maintaining hardware and software, and troubleshooting problems. This position will be partially offset by the elimination of the IT intern as well as a Senior Account Technician. This role has been filled as an intern and more recently as a limited term position since November 6, 2017. There are many standards for maintaining the ideal ratio for technical staffing to device and help desk support. Based on a survey of 33 organizations by Gartner, the recommended technical staffing to device ratios range from 12:1 for highly competitive/cutting edge companies to 200:1 for companies competing on thin margins. Gartner also provided a worksheet to calculate the “best ratio for your business”, which begins with a mean index value of 70:1. From this value, Applications Engineer 131,306 131,306 IT Technician 81,445 81,445 Equipment Mechanic Operator 50,196 109,901 Lead Ranger 109,901 109,901 Education/interpretive position 50,196 109,901 Subtotal 423,044 542,454 Positions Removed Senior Accounting Technician (90,399) (90,399) Subtotal (90,399) (90,399) Total 332,645 452,055 FY2019-20 and Beyond FY2018-19 Prorated CostAdditional Positions R-18-63 Page 9 items are subtracted or added based upon variables such as hardware/software standards and walking distance from a device. Based upon the calculations, a ratio of 40:1 to 60:1 was determined for the District. This takes into account the geographic distribution of devices, the nature of the District’s technology enterprise, and the quality of service that should be maintained as the District grows. With the addition of an IT Technician, the IT program will have three full time staff. This puts the IT staff to employee ratio at 58:1 based upon an employee count of 174.45 FTE, which is within the recommended ratio. Finance Department Senior Finance & Accounting Technician (reduction of 1 FTE) The Finance Department currently has 4.5 FTEs: Finance Manager, Accountant, two Senior Accounting Technicians, and half an Accounting Technician FTE, who is shared with Human Resources. After filling the Accountant position in April, the Finance Department reviewed its capacity and FTE count and concluded that the second Senior Accounting Technician position can be eliminated. Land and Facilities Services Department Equipment Mechanic Operator (1 FTE) This position will be assigned to the Skyline Field Office Special Projects Crew and will increase this crew’s ability to complete trails associated with Measure AA public access projects. It will also increase the capacity for routine maintenance. Assistance from Equipment Mechanic Operators who are assigned to the regular maintenance crew has been required to support Measure AA project construction. The regular crew has thus been depleted by moving two maintenance positions over to the special projects crew when the special projects crews were formed. This position will assist with the focus on trial construction and assist as needed on the maintenance workload. Visitor Services Department Lead Ranger (1 FTE) This additional position will allow each Supervising Ranger to be supported by a Lead Ranger as well as increase capacity to train and supervise new staff, such as Seasonal Rangers and Seasonal Ranger Aides. The addition of a Lead Ranger also adds essential staffing to meet the demand of greater than anticipated visitation at Mount Umunhum and the accelerated opening of Bear Creek Preserve. Education/interpretive position (1 FTE) An additional position in the Visitor Services Department is anticipated to be hired at midyear. The Board has expressed interest in the expansion of the District’s interpretive and educational programs. Consultants completed a Docent and Volunteer Programs Structure Study, which came before the Board in May for final acceptance. Developing an implementation plan for the report recommendations is included in the FY2018-19 CIAP. The recommendations include a new educational/interpretive specialist position to expand the interpretive and education program. In addition, recent findings of the Preserve User Study indicate a strong public desire for interpretive and educational programs. R-18-63 Page 10 FISCAL IMPACT Final adoption of the Proposed FY2018-19 District Budget and Action Plan by the Board would authorize spending of $41,229,834 million from the General Fund, $121,500 from the Hawthorn Fund, $14,826,024 million from Measure AA Fund, and $15,670,990 from Debt Service to accomplish the District’s work plan for the next fiscal year. The proposed FY2018-19 Budget and CIAP has been reviewed by the Controller and input into the 30-year fiscal model. The proposed budget is confirmed to be within the parameters and expectations of that 30-year fiscal model. The table below provides an overview for FY2018-19 budget, including the General Fund (funds 10 and 40), the Hawthorn fund (fund 20), capital expenditures that are reimbursable from bond funds (fund 30), and debt service (fund 50). The acquisition of the new Administrative Office is shown as a separate line item in the table below, as it is a one-time expenditure. Fund 10 Fund 20 Fund 30 Fund 40 Fund 50 Total General Fund Hawthorn Measure AA Capital General Fund Capital Debt Service Revenue Property Tax Revenues $48,313,000 $5,733,551 $54,046,551 Grants 1,042,040 1,042,040 Interest Income 1,043,000 36,000 940,000 2,019,000 Rental Income 1,221,124 1,221,124 Rancho San Antonio Agreement 371,738 371,738 Miscellaneous 100,000 100,000 Total Revenues 51,048,862 36,000 1,042,040 0 6,673,551 58,800,453 Other Funding Sources Bond Reimbursements 13,783,984 1,457,600 15,241,584 Hawthorn Funds 85,500 85,500 Bond/Debt Service Premium 2,058,368 2,058,368 Assigned Fund Balance Transfers 2,938,250 2,938,250 General Fund Transfers (14,614,635)3,294,050 11,320,585 0 Total Other Funding Sources (14,614,635)85,500 13,783,984 7,689,900 13,378,953 20,323,702 Total Funding Sources $36,434,227 $121,500 $14,826,024 $7,689,900 $20,052,504 $79,124,155 Committed Fund Balance Transfers 31,550,100 31,550,100 Grand Total: Funding Sources $36,434,227 $121,500 $14,826,024 $39,240,000 $20,052,504 $110,674,255 Expenses Operating 34,716,880 38,500 34,755,380 Labor Reimbursement (1,176,946)(1,176,946) Capital 83,000 14,826,024 7,689,900 22,598,924 Debt Service (General Fund Debt)11,020,585 11,020,585 Debt Service (Measure AA Debt)4,650,405 4,650,405 Total Expenses $33,539,934 $121,500 $14,826,024 $7,689,900 $15,670,990 $71,848,348 One Time Expenditure: New AO Building 31,550,100 31,550,100 Grand Total: Expenses $33,539,934 $121,500 $14,826,024 $39,240,000 $15,670,990 $103,398,448 Change in Fund Balance $2,894,293 $0 $0 $0 $4,381,514 $7,275,807 R-18-63 Page 11 BOARD COMMITTEE REVIEW The District’s Action Plan and Budget Committee held a meeting on April 24 and May 1, 2018. The Committee voted to forward the proposed FY2018-19 Budget and Action Plan to the full Board of Directors for review and approval. On May 23, 2018 a review and public hearing was held for the Proposed Fiscal Year 2018-19 Budget and Action Plan, as reviewed and recommended by the Action Plan and Budget Committee in preparation for adoption at the June 13, 2018 regular meeting of the Board of Directors. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act and no environmental review is required. NEXT STEPS The FY2018-19 Budget would be in effect beginning July 1, 2018. Projects included in the FY 2018-19 Capital Improvement and Action Plan would be implemented according to the scope outlined in the Budget Book. Attachments: 1. Resolution Approving the FY2018-19 Budget and Action Plan a. Exhibit A: FY2018-19 Budget and Action Plan 2. Resolution Approving the Position Classification and Compensation Plan a. Exhibit A: Classification and Compensation Plan 3. Updated Cooley Landing Business and Operation Plan project description. Responsible Department Manager: Carmen Narayanan, Budget & Analysis Manager Contact person: Carmen Narayanan, Budget & Analysis Manager Prepared by: Elissa Martinez, Management Analyst I Marion Shaw, Management Analyst II Resolutions/2018/18-__FY2018-19Budget 1 RESOLUTION NO. 18-___ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING THE BUDGET FOR FISCAL YEAR 2018-19 AND THE THREE-YEAR CAPITAL IMPROVEMENT AND ACTION PLAN 2019-2021 WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District desires to establish a Budget for Fiscal Year 2018-19 (Exhibit A); and WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District desires to establish a Three-Year Capital Improvement and Action Plan, which addresses the following areas: Land Acquisition and Preservation; Natural Resources Protection and Restoration; Public Access, Education, and Outreach; and Infrastructure and Other (Vehicles, Equipment, Facilities) (Exhibit A – Section III); and WHEREAS, the Board of Directors confirms adjustments made administratively to the Capital Project balances during the preparation of the Proposed Budget, and to accommodate the carryover of unspent current Fiscal Year Capital Project appropriations for those projects where work and expenditures will continue in the upcoming fiscal year; NOW, THEREFORE, the Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: SECTION ONE. Adopt the budget for the Midpeninsula Regional Open Space District for the Fiscal Year 2018-19. DISTRICT BUDGET BY FUND FY2018-19 PROPOSED BUDGET Fund 10 – General Fund Operating $33,539,934 Fund 20 – Hawthorns $121,500 Fund 30 – MAA Capital $14,826,024 Fund 40 – General Fund Capital $39,240,000 Fund 50 – Debt Service $15,670,990 TOTAL $103,398,448 SECTION TWO. Adopt the proposed Three-Year Capital Improvement and Action Plan 2019-2021. SECTION THREE. The projects scheduled for implementation for Fiscal Year 2018-19 shall be included in the Capital and Operating Budget of the District’s Proposed Budget for Fiscal Year 2018-19. SECTION FOUR. Monies are hereby appropriated in accordance with said budget. * * * * * * * * * * * * * * * * * * * * Attachment 1 Resolutions/2018/18-__FY2018-19Budget 2 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on _____, 2018 at a regular meeting thereof, by the following vote: AYES: 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 Resolutions/2018/18-__ApproveC&CPlan 1 RESOLUTION NO. 18-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING POSITION CLASSIFICATION AND COMPENSATION PLAN The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: SECTION ONE. Approve the Position Classification and Compensation Plan as set forth in Exhibit A attached hereto. * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ______, 2018, at a Regular Meeting thereof, by the following vote: AYES: 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 2 Step Full/PT Range #Minimum Maximum Minimum Maximum Minimum Maximum Time Seasonal Open Space Technician 6 20.1000 25.0962 3,484 4,350 41,808 52,200 PT Seasonal Ranger Aide 6 20.1000 25.0962 3,484 4,350 41,808 52,200 PT Seasonal Ranger 16 25.6558 32.0308 4,447 5,552 53,364 66,624 PT Farm Maintenance Worker 19 27.6000 34.4712 4,784 5,975 57,408 71,700 FT Open Space Technician*19 27.6000 34.4712 4,784 5,975 57,408 71,700 FT Administrative Assistant 20 28.2865 35.3077 4,903 6,120 58,836 73,440 FT Accounting Technician 22 29.6885 37.0731 5,146 6,426 61,752 77,112 FT Human Resources Technician 22 29.6885 37.0731 5,146 6,426 61,752 77,112 FT Information Technology Technician I 22 29.6885 37.0731 5,146 6,426 61,752 77,112 FT Facilities Maintenance Specialist 23 30.4385 38.0077 5,276 6,588 63,312 79,056 FT GIS Technician 23 30.4385 38.0077 5,276 6,588 63,312 79,056 FT Lead Open Space Technician*23 30.4385 38.0077 5,276 6,588 63,312 79,056 FT Volunteer Program Lead 23 30.4385 38.0077 5,276 6,588 63,312 79,056 FT Risk Management Coordinator 24 31.1712 38.9365 5,403 6,749 64,836 80,988 FT Senior Administrative Assistant 24 31.1712 38.9365 5,403 6,749 64,836 80,988 FT Public Affairs Program Coordinator 25 31.9558 39.9058 5,539 6,917 66,468 83,004 FT Ranger 25 31.9558 39.9058 5,539 6,917 66,468 83,004 FT Senior Finance & Accounting Technician 26 32.7288 40.8750 5,673 7,085 68,076 85,020 FT Equipment Mechanic/Operator 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT Executive Assistant 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT Information Technology Technician II 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT Lead Ranger 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT Public Affairs Specialist I 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT Property Management Specialist I 28 34.3731 42.9173 5,958 7,439 71,496 89,268 FT Real Property Specialist I 28 34.3731 42.9173 5,958 7,439 71,496 89,268 FT Executive Assistant/Deputy District Clerk 29 35.2327 43.9904 6,107 7,625 73,284 91,500 FT Planner I 29 35.2327 43.9904 6,107 7,625 73,284 91,500 FT Data Analyst I 30 36.0923 45.0692 6,256 7,812 75,072 93,744 FT Docent Program Manager 30 36.0923 45.0692 6,256 7,812 75,072 93,744 FT Resource Management Specialist I 30 36.0923 45.0692 6,256 7,812 75,072 93,744 FT Volunteer Program Manager 30 36.0923 45.0692 6,256 7,812 75,072 93,744 FT Accountant 31 36.9923 46.1885 6,412 8,006 76,944 96,072 FT Capital Project Manager II 31 36.9923 46.1885 6,412 8,006 76,944 96,072 FT Planner II 31 36.9923 46.1885 6,412 8,006 76,944 96,072 FT Management Analyst I 31 36.9923 46.1885 6,412 8,006 76,944 96,072 FT Data Analyst II 34 39.7846 49.6904 6,896 8,613 82,752 103,356 FT Resource Management Specialist II 34 39.7846 49.6904 6,896 8,613 82,752 103,356 FT Grants Specialist 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT Maintenance, Construction & Resource Supv.35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT Management Analyst II 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT Procurement & Contracting Agent/Specialist 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT Property Management Specialist II 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT Real Property Specialist II 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT Supervising Ranger 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT Training & Safety Specialist 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT Midpeninsula Regional Open Space District - CLASSIFICATION & COMPENSATION PLAN Fiscal Year 2017/2018 - Effective 6/13/2018 (Pay Period 18-13) Last revised: 6/13/2018, 1/24/2018, 12/13/2017, 7/1/17, 5/10/17, 4/12/2017, 2/22/2017, 10/26/16, 8/29/16, 7/01/16 Classification Title Hourly Range $Monthly Range $Annual Range $ Exhibit A Applications Engineer 36 41.7808 52.1712 7,242 9,043 86,904 108,516 FT Public Affairs Specialist II 36 41.7808 52.1712 7,242 9,043 86,904 108,516 FT Data Administrator 38 43.8635 54.7904 7,603 9,497 91,236 113,964 FT Governmental Affairs Specialist 38 43.8635 54.7904 7,603 9,497 91,236 113,964 FT Senior Technologist 38 43.8635 54.7904 7,603 9,497 91,236 113,964 FT Facilities Maintenance Supervisor 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT Capital Projects Field Manager 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT Capital Project Manager III 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT Planner III 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT Public Affairs Specialist III 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT Resource Management Specialist III 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT Senior Property Management Specialist 40 46.0615 57.5192 7,984 9,970 95,808 119,640 FT Senior Real Property Specialist 40 46.0615 57.5192 7,984 9,970 95,808 119,640 FT Special Projects Manager 40 46.0615 57.5192 7,984 9,970 95,808 119,640 FT Senior Accountant 41 47.2038 58.9615 8,182 10,220 98,184 122,640 FT Senior Management Analyst 41 47.2038 58.9615 8,182 10,220 98,184 122,640 FT Area Manager 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT Area Superintendent 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT District Clerk/Assistant to General Manager 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT GIS Program Administrator 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT Information Technology Program Administrator 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT Human Resources Supervisor 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT Senior Capital Project Manager 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT Senior Planner 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT Senior Resource Management Specialist 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT Budget & Analysis Manager 48 55.9846 69.9173 9,704 12,119 116,448 145,428 FT Finance Manager 48 55.9846 69.9173 9,704 12,119 116,448 145,428 FT Human Resources Manager 48 55.9846 69.9173 9,704 12,119 116,448 145,428 FT Information Systems & Technology Manager 48 55.9846 69.9173 9,704 12,119 116,448 145,428 FT Engineering & Construction Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT Land & Facilities Services Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT Natural Resources Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT Operations Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT Planning Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT Public Affairs Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT Real Property Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT Visitor Services Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT Assistant General Counsel I 53 63.2596 79.0096 10,965 13,695 131,580 164,340 FT Assistant General Counsel II 55 66.4269 82.9615 11,514 14,380 138,168 172,560 FT Assistant General Manager 59 73.2404 91.4654 12,695 15,854 152,340 190,248 FT Chief Financial Officer/Director Administrative Services 59 73.2404 91.4654 12,695 15,854 152,340 190,248 FT * OST will receive an additional 1% stipend for Class A or B license; Lead OST 1% for Class A. Board Appointee Group Compensation Hourly Monthly Annual Effective General Manager $108.1731 $18,750 $225,000 6/13/2018 Controller - Part-time position $84.9750 $3,682 $44,187 12/13/2017 General Counsel $110.3072 $19,120 $229,439 12/13/2017 Elected Officials Compensation Board Director Monthly MaximumPer Meeting $100.00 $500.00 The District’s Personnel Policies and Procedures provide that the compensation for an employee’s temporary out-of-class / Acting Assignment 1/1/2006 Last Revised 12/13/2017 11/1/2016 7/1/2016 Effective Date Exhibit A shall be at least 5% but not more than 10% more than her/his current salary. Pursuant to Government Code 20480, out of class appointments shall not exceed a total of 960 hours in each fiscal year. Exhibit A Se c t i o n I I I : C a p i t a l I m p r o v e m e n t a n d A c t i o n P l a n Budget and Action Plan FY2018-19 | Section III | Page 87 Public Access, Education, and Outreach Project #: 31801 Fund: 10 – General Fund Project Description Continue to support the City of East Palo Alto’s efforts to recruit and select an operator to provide environmental stewardship programing at Cooley Landing that is reflective of the community’s culture. The District will fund the preparation of a business plan to support the public programming that will be provided by the new operator, as well as fund the preparation of an operating plan for the larger park to support the City with its long-term park operations and management. FY2018-19 Scope Partner with City of East Palo Alto to develop a business and operating plan for Cooley Landing Park. Cooley Landing Park Business and Operation Plan Prior Year FY2018 Estimated Estimated Costs Actuals Budget FY2019 FY2020 FY2021 Future Years Totals 4000 Staff Costs $0 $0 $0 $0 $0 $0 $0 5000– 7000 Services and Supplies 0 200,000 130,000 0 0 0 330,000 8101 Real Estate Services 0 0 0 0 0 0 0 8201 Architect/Engineering Services 0 0 0 0 0 0 0 8202 Environmental/Planning Services 0 0 0 0 0 0 0 8203 Inspection/Construction Monitoring 0 0 0 0 0 0 0 8204 Permitting Fees 0 0 0 0 0 0 0 8205 Construction 0 0 0 0 0 0 0 Total $0 $200,000 $130,000 $0 $0 $0 $330,000 Prior Year FY2018 Estimated Funding Source Actuals Budget FY2019 FY2020 FY2021 Future Years Totals 10 General Fund $0 $200,000 $130,000 $0 $0 $0 $330,000 20 Hawthorn 0 0 0 0 0 0 0 30 MAA – Capital 0 0 0 0 0 0 0 40 GF – Capital 0 0 0 0 0 0 0 XX Grants/Partnerships/Other 0 0 0 0 0 0 0 Total $0 $200,000 $130,000 $0 $0 $0 $330,000 This project has no anticipated impact on the District’s Operating Budget. Attachment 3 Public Access, Education, and Outreach Project #: 31801 Fund: 10 – General Fund Project Description Continue to support the City of East Palo Alto’s efforts to recruit and select an ope rator to provide environmental stewardship programing at Cooley Landing that is reflective of the community’s culture. The District will fund provide funding for the preparation development of a business and operating plan to support the public programming that will be provided by the new operator, as well as fund the preparation of an operating plan for the larger park to support the City with its long-term park operations and management, for the preferred operator. FY2018-19 Scope: Partner with City of East Palo Alto to develop a business and operating plan fo r Cooley Landing Park. Cooley Landing Park Business and Operation Plan Attachment 3 DATE: June 13, 2018 MEMO TO: Board of Directors THROUGH: Ana Ruiz, Acting General Manager FROM: Brian Malone, Acting Assistant General Manager SUBJECT: Mount Umunhum - East Summit Closure and Visitation Update PUBLIC CLOSURE OF EAST SUMMIT: The abatement project to remove lead and asbestos-containing coatings that remained adhered to the Mount Umunhum radar tower exterior walls was completed earlier this month, in June 2018. Staff originally expected to reopen the area around the tower and the adjacent East Summit pathways to public access following this work. However, during the course of the abatement work, the windshields of two contractor vehicles that were parked next to the tower were broken by falling pieces of concrete. Staff have also documented pieces of concrete that have fallen off the tower measuring up to 1.5 inches in length. Given this new condition, the public closure will remain in effect until we obtain more information about the reasons for the fallen pieces of concrete. Staff is preparing to hire a consultant to sample the concrete and determine its integrity. This work will inform whether the loose aggregate was an isolated occurrence, and how to manage employee and visitor access going forward. In the meantime, anyone entering this area is required to wear hard hats. Staff will also explore options that keep the perimeter of the tower closed while allowing visitor access to the hiking only trail that leads to the east summit observation points. The ADA parking and drop-off area at the summit are not affected by the concrete study, and they were reopened following completion of the abatement project. This area had been closed on the weekdays to accommodate the abatement work and equipment. VISITATION The opening of Mount Umunhum continues to be a resounding success with both the summit and trail being quite popular. Visitation levels do appear to be leveling out. We continue to see full parking lots at the summit and at Bald Mountain on weekends when the weather is nice. In April and May, no road closures were required to control traffic, as turnover in parking at the summit is frequent enough to allow waiting cars to park. Visitors continue to have access to the Mount Umunhum Trail to Bald Mountain, the west summit pathways, the trailhead shelter, and the summit shelter. TEMPORARY PUBLIC ACCESS CLOSURES Due to ongoing maintenance and monitoring activities around the radar tower, the following areas at Mount Umunhum are temporarily closed: • The area surrounding the base of the radar tower and pathways leading to the area • The hiking only section of the Mount Umunhum Trail between the East Summit and Trailhead Shelter Area The Mount Umunhum parking lot, trailhead shelter, stairs to the summit, west loop trail, summit shelter and trail to the Bald Mountain staging area all remain open.