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.
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(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.
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(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.
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(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.
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(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
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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
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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.
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(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
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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
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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.
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(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.
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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
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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
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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
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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).
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(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
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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.
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(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
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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.
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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.
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(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
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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.