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Home My Public Portal About20180926 - Agenda Packet - Board of Directors (BOD) - 18-34 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 Wednesday, September 26, 2018 Special Meeting starts at 5:45 PM* Regular Meeting starts at 7:00 PM* A G E N D A 5:45 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION ROLL CALL 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Property: Santa Clara County APN: 170-64-119 Agency Negotiator: Allen Ishibashi, Senior Real Property Agent Negotiating Party: Wellington Park Investors Under Negotiation: Lease Terms 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code Section 54957(b)(1) Title of Employee: General Counsel 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 18-34 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 September 12, 2018 Minutes 2. Claims Report 3. Approval of Two Resolutions for Grant Applications to the Habitat Conservation Fund Program (R-18-106) Staff Contact: Melanie Askay, Grants Specialist, Administrative Services General Manager’s Recommendation: 1. Adopt a grant application Resolution to the Habitat Conservation Fund Program for funding support to purchase the Johnston Ranch Uplands property as an addition to Miramontes Ridge Open Space Preserve. 2. Adopt a grant application Resolution to the Habitat Conservation Fund Program for funding support to restore the Mindego Ponds at Russian Ridge Open Space Preserve. 4. Award of Contract to D-Line Constructors, Inc., for Improvements to the Monte Bello Driveway at Monte Bello Open Space Preserve (R-18-108) Staff Contact: Elaina Cuzick, Senior Property Management Specialist, Land and Facilities Services Department General Manager’s Recommendation: 1. Authorize the General Manager to enter into contract with D-Line Constructors, Inc., for a not- to-exceed base contract amount of $145,063. 2. Authorize a 15% contingency of $21,759 to be reserved for unanticipated issues, thus allowing the total contract amount not-to-exceed $166,822. 5. Award of Contract to Ecast Engineering, Inc., for Replacement of the Point of Diversion 17 Waterline on the former McDonald Ranch at La Honda Creek Open Space Preserve (R-18- 107) Staff Contact: Susan Weidemann, Property Management Specialist II, Land and Facilities Department General Manager’s Recommendation: 1. Authorize the General Manager to award a contract to Ecast Engineering, Inc., to construct a new waterline for the base contract amount of $148,250. 2. Authorize a 15% contract contingency of $22,238 to be reserved for unanticipated issues, for a total contract amount not-to-exceed $170,488. 6. Amendment to extend the current lease at 240 Cristich Lane, Campbell, Santa Clara County (Assessor’s Parcel Number 412-32-014), also known as the site of the future South Area Field Office (R-18-109) Staff Contact: Allen Ishibashi, Senior Real Property Agent General Manager’s Recommendation: 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA), as set out in the staff report. Rev. 1/3/18 2. Adopt a Resolution authorizing the lease amendment and granting authority to the General Manager to make future property management decisions to secure additional rental income while moving forward with final plans, permitting, and the bidding process to complete site improvements and repurpose the property as a new South Area Field Office. 7. Right of Way Contract to exchange interests in real property between the California Department of Transportation (Caltrans) and Midpeninsula Regional Open Space District (District) to receive an easement for the Ravenswood Bay Trail Connection Project near Ravenswood Open Space Preserve in exchange for a drainage easement conveyed to Caltrans at Thornewood Open Space Preserve (portion of San Mateo County APN 075-123-080). Unanimous vote from all seven Board of Directors is required. (R-18-101) Staff Contact: Iain Reilly, Real Property Agent II General Manager’s Recommendation: 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in the report. 2. By a unanimous vote of the Board of Directors, adopt a resolution authorizing the Right of Way Exchange Contract between the District and Caltrans. 3. Amend the Comprehensive Use and Management Plan for Ravenswood Open Space Preserve to include the exchanged interest in real property. 4. Withhold dedication of the Exchange Property as public open space at this time. 8. Approval of a Memorandum of Understanding with Midpeninsula Regional Open Space District Field Employees Association and Approval of Salary and Benefits Adjustments for the Office, Supervisory, and Management Employees (R-18-110) Staff Contact: Candice Basnight, Human Resources Manager General Manager’s Recommendation: 1. Adopt a resolution approving the Memorandum of Understanding with the Midpeninsula Regional Open Space District Field Employees Association, for a term of July 1, 2018, through June 30, 2021. 2. Adopt a resolution approving salary and benefit adjustments for the Office, Supervisory, and Management employees, effective July 2, 2018. 3. Approve a corresponding update to the Fiscal Year 2018-19 Classification and Compensation Plan. 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. 9. Grants Program Strategic Plan (R-18-105) Staff Contact: Melanie Askay, Grants Specialist General Manager’s Recommendation: Review and adopt the Grants Program Strategic Plan. INFORMATIONAL MEMORANDUM • Dog On-Leash Access at Upper La Honda Creek Open Space Preserve INFORMATIONAL REPORTS – Reports on compensable meetings attended. Brief reports or announcements concerning activities of District Directors and staff; opportunity to refer public or Board Rev. 1/3/18 questions to staff for information; request staff to report to the Board on a matter at a future meeting; or direct staff to place a matter on a future agenda. Items in this category are for discussion and direction to staff only. No final policy action will be taken by the Board. Committee Reports Staff Reports Director Reports ADJOURNMENT *Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the District Clerk at (650) 691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting, will be available for public inspection at the District’s Administrative Office located at 330 Distel Circle, Los Altos, California 94022. CERTIFICATION OF POSTING OF AGENDA I, Jennifer Woodworth, District Clerk for the Midpeninsula Regional Open Space District (MROSD), declare that the foregoing agenda for the special and regular meetings of the MROSD Board of Directors was posted and available for review on September 21, 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 September 12, 2018 Board Meeting 18-33 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 Wednesday, September 12, 2018 DRAFT MINUTES SPECIAL MEETING – CLOSED SESSION President Cyr called the special meeting of the Midpeninsula Regional Open Space District to order at 6:00 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: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Acting Assistant General Manager Brian Malone, Chief Financial Officer Stefan Jaskulak Public comments opened at 6:00 p.m. No speakers present. Public comments closed at 6:00 p.m. 1. CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Agency designated representatives: Ana Ruiz, General Manager, Brian Malone, Acting Assistant General Manager, Jack Hughes, Liebert Cassidy Whitmore Employee organization: Field Employees Association Real Property Manager Mike Williams and Controller Mike Foster joined the closed session after Item 1. Acting Assistant General Manager Brian Malone left the room after Item 1. Meeting 18-33 Page 2 2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2): (one potential case) ADJOURNMENT President Cyr adjourned the special meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 6:34 p.m. REGULAR MEETING President Cyr called the regular meeting of the Midpeninsula Regional Open Space District to order at 7:00 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, Pete Siemens, and Curt Riffle Members Absent: Nonette Hanko Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Real Property Manager Mike Williams, Acting Assistant General Manager Jay Lin, Acting Assistant General Manager Brian Malone, Chief Financial Officer Stefan Jaskulak ORAL COMMUNICATIONS No speakers present. ADOPTION OF AGENDA President Cyr announced Item 3 will be continued to a future Board meeting. Motion: Director Kishimoto moved, and Director Siemens seconded the motion to adopt the agenda. VOTE: 6-0-0 (Director Hanko absent) SPECIAL ORDERS OF THE DAY • Introduction of staff O Mike Kahn, Public Affairs Specialist O Davin Wong, Information Technology Technician II O Ramez Salman, Information Technology Technician I Meeting 18-33 Page 3 CONSENT CALENDAR Public comment opened at 7:10 p.m. No speakers present. Public comment closed at 7:10 p.m. Motion: Director Harris moved, and Director Kishimoto seconded the motion to approve the Consent Calendar, as amended. VOTE: 6-0-0 (Director Hanko absent) 1. Approve August 22, 2018 Minutes Director Riffle stated Susan Ellenberg is a candidate for Santa Clara County Board of Supervisors, not San Mateo County as listed in the minutes. District Clerk Jennifer Woodworth noted the correction. 2. Claims Report 3. Right of Way Contract to exchange interests in real property between the California Department of Transportation (Caltrans) and Midpeninsula Regional Open Space District (District) to receive an easement for the Ravenswood Bay Trail Connection Project near Ravenswood Open Space Preserve in exchange for a drainage easement conveyed to Caltrans at Thornewood Open Space Preserve (portion of San Mateo County APN 075- 123-080). Unanimous vote from all seven Board of Directors is required. (R-18-101) Staff Contact: Iain Reilly, Real Property Agent II General Manager’s Recommendation: 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in the report. 2. By a unanimous vote of the Board of Directors, adopt a resolution authorizing the Right of Way Exchange Contract between the District and Caltrans. 3. Amend the Comprehensive Use and Management Plan for Ravenswood Open Space Preserve to include the exchanged interest in real property. 4. Withhold dedication of the Exchange Property as public open space at this time. Item 3 was continued to a future Board meeting. 4. Award of Contract to Confluence Restoration for Bear Creek Redwoods Plant Installation and One-Year of Maintenance with Authority for Two, One-Year Contract Extensions (R-18-102) Staff Contact: Amanda Mills, Natural Resource Specialist II General Manager’s Recommendation: 1. Authorize the General Manager to enter into contract with Confluence Restoration for an initial year, with the authority to extend the contract for two additional one-year terms, for a Meeting 18-33 Page 4 three-year base bid amount of $95,537 for Bear Creek Redwoods Plant Installation and Maintenance. 2. Authorize a 15% contingency of $14,331 to cover unforeseen conditions, for a not-to-exceed total contract amount of $109,868. BOARD BUSINESS 5. Proposed Project Criteria and Scope of Work for the Mount Umunhum Radar Tower Assessment at Sierra Azul Open Space Preserve (R-18-105) Acting Assistant General Manager Brian Malone provided the staff presentation describing the proposed scope of work for the Mount Umunhum Radar Tower assessment to evaluate existing conditions, identify repair options, and the estimated costs for repair options. Mr. Malone summarized the “retain and seal” option as approved by the Board of Directors in 2016. Mr. Malone outlined the proposed next steps for the project. Director Harris inquired regarding the proposed temporary walkway. Mr. Malone described the proposed temporary covered walkway, which would be used to allow the public to re-access the east summit. The cost for the temporary covering is relatively low. Director Siemens spoke in favor of a temporary covered walkway to reopen the area to public access. Director Hassett expressed concerns regarding complete repair of spalling concrete stating all concrete may experience spalling. Director Kishimoto spoke regarding the cost effective repairs to the radar tower but cautioned against short term cost effective repairs that could create future issues and longer term costs. Director Siemens spoke regarding the evaluation of a permanent covered walkway, if necessary, to protect visitors from concrete spalling. Directors Riffle and Kishimoto spoke in favor of adding to the criteria “Supports the retain and seal option previously approved by the Board of Directors.” Public comments opened at 7:31 p.m. No speakers present. Public comments closed at 7:31 p.m. Motion: Director Siemens moved, and Director Riffle seconded the motion to: 1. Approve the proposed project criteria and scope of work for the Mount Umunhum Radar Tower Assessment with the addition of “Supports the retain and seal option previously approved by the Board of Directors” to the criteria. 2. Authorize the General Manager to release a Request for Proposals for the assessment. VOTE: 6-0-0 (Director Hanko absent) Meeting 18-33 Page 5 6. Draft Climate Change Policy and Draft Climate Action Plan (R-18-103) Climate Resiliency Fellow Hayley Edmonston presented the staff report providing an overview of the draft climate change policy and climate action plan. Ms. Edmonston summarized potential District actions that can reduce greenhouse gas emissions and highlighted associated costs. Additionally, Ms. Edmonston explained that implementation would be monitored by completing a greenhouse gas inventory on a regular basis. Director Riffle inquired whether the District receives credits for various District actions, such as recycling. Ms. Edmonston explained recycling and other actions could be tracked as part of a broader set of sustainability actions. Director Kishimoto inquired if the District would be working with a state registry for emissions. Ms. Edmonston stated the District is not required to report emissions; however, it could decide to voluntarily report emissions. Director Kishimoto inquired regarding various transit incentives. Ms. Edmonston explained that the Board would consider specific options for commute incentives as part of the annual budget process. Director Harris reported on the recent Global Climate Change Financial Summit and speakers there who spoke regarding divesting organizations of non-green options, such as fossil fuel companies. Chief Financial Officer Stefan Jaskulak reported the Board previously approved a change to the District’s investment policy to not invest in nonrenewable energy companies. Director Hassett commented on encouraging District tenants to purchase renewable energy and suggested the District could consider entering into agreements with renewable energy providers to service rental structures. Ms. Edmonston explained an assessment could be conducted in the future to determine the feasibility of providing renewable energy to District residences. Director Siemens suggested adding a requirement for solar panels for tenant residences. Director Kishimoto inquired if it was feasible to complete the suggested actions prior to 2030. General Manager Ana Ruiz reported staff will be working towards implementation as quickly as possible. Ms. Edmonston inquired whether the Board has any suggestions for the draft climate change policy. Meeting 18-33 Page 6 Director Kishimoto suggested reducing greenhouse gas emissions 40% below 2016 by 2025 or 2020 under policy CC-1. Director Riffle raised concerns that the shorter deadline may divert significant staff capacity. Ms. Ruiz reported staff will research options and trade-offs for faster implementation and report back to the Board at the next Board meeting when the final climate change policy is considered by the Board. Director Harris expressed concern that progress for policy CC-2 and CC-4 will be difficult to measure. Ms. Edmonston described the prioritization criteria for annual selection of implementation actions. Director Riffle spoke in favor of the prioritization criteria and described a tool for understanding the costs of implementation as compared to the benefits and return on investments of the actions. Director Harris spoke regarding the energy reduction measures as tracked at the state level and whether various District actions could be tracked similarly. Members of the Board spoke in favor of the work completed by staff. Public comments opened at 8:25 p.m. No speakers present. Public comments closed at 8:25 p.m. No Board action required. 7. Revisions to Board Policy 5.01 – Site Naming, Gift, and Special Recognition, Section III (B) Constituent Memorial Benches (R-18-104) Public Affairs Specialist I Carmen Lau summarized the history of the project and described the information researched related to similar memorial bench policies at other agencies. Ms. Lau described the benches currently on District lands and the types of benches installed by the District: rest benches, constituent memorial benches, and memorial benches. Acting Public Affairs Manager Cydney Bieber outlined the proposed changes to the Board policy related to memorial benches, including eligibility criteria, term limit, bench location selection, and handling of donations. Ms. Bieber described the implementation process. Director Kishimoto suggested constituent benches could be evaluated by staff administratively using the Board-approved criteria and therefore would not need Legislative, Funding, and Public Affairs Committee (LFPAC) and Board consideration. Meeting 18-33 Page 7 Director Hassett expressed concern regarding the 250-hour requirement for volunteers stating the requirement may be too stringent and suggested adding a discretionary element for staff to consider. Ms. Ruiz suggested that exceptions to the policy, if appropriate, would be presented to the Board of Directors for consideration. Director Riffle suggested a similar review of the policy language regarding the recognition of large donations. Public comments opened at 9:04 p.m. No speakers present. Public comments closed at 9:04 p.m. Motion: Director Siemens moved, and Director Harris seconded the motion to: 1. Approve the recommended revisions to Board Policy 5.01 – Site Naming, Gift, and Special Recognition, Section III (B) Constituent Memorial Benches as recommended by the Legislative, Funding, and Public Affairs Committee. Direct staff to modify policy language for review of constituent bench requests to be handled at the staff level. Requests that require special consideration could be forwarded to the Board for review. 2. Direct the General Manager to identify new bench locations in high use areas and other suitable rest sites for inclusion in the Constituent Bench Program. VOTE: 6-0-0 (Director Hanko absent) The Board by consensus referred to LFPAC the review of the policy language related to recognition of cash gifts. INFORMATIONAL MEMORANDUM • Administrative Office Remodel Project Update • Agricultural Policy Project - Process and Schedule • State Legislative Update INFORMATIONAL REPORTS A. Committee Reports No Committee reports. B. Staff Reports Mr. Malone reported Raye Girouard recently passed away, who was a longtime resident and caretaker at Rhus Ridge. Meeting 18-33 Page 8 Ms. Ruiz reported staff and members of the Board of Directors have continued to meet with local elected representatives related to District projects. Staff spoke to the San Jose Water Company (SJWC) chief executive regarding the potential purchase of SJWC lands. C. Director Reports The Board members submitted their compensatory reports. Director Riffle reported he will be attending several upcoming events: the District’s Volunteer Recognition Event, Open Space Authority 25th Anniversary Gala, and Committee for Green Foothills Nature’s Inspiration event. Director Siemens reported his attendance at the Santa Clara County Special District Association on September 10, 2018. Several Directors reported their attendance at the staff recognition event on August 29, 2018. ADJOURNMENT President Cyr adjourned the regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 9:25 p.m. ________________________________ Jennifer Woodworth, MMC District Clerk page 1 of 5 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLAIMS REPORT MEETING # 18-34 MEETING DATE 09-26-18 Payment Number Payment Type Payment Date Notes Payment Amount 78847 Check 09/14/2018 10343 - GRANITE ROCK COMPANY Bear Creek Redwoods Public Access Project Prime Contractor 396,553.51 78883 Check 09/21/2018 11369 - BANK OF THE WEST COMMERCIAL CARD USA $492.46 AO Office Supplies - Desk Lamp & Mount, Paper, Keyboard 31,824.80 11369 - BANK OF THE WEST COMMERCIAL CARD USA $132.98 Bird Identification Books 11369 - BANK OF THE WEST COMMERCIAL CARD USA $71.32 District Vehicle Wash (A68) & Batteries 11369 - BANK OF THE WEST COMMERCIAL CARD USA $.74 Rtn item Cr (514.98), Leadership Workshop, Bulbs 11369 - BANK OF THE WEST COMMERCIAL CARD USA $1,848.00 New Radar Units for CAO (2) 11369 - BANK OF THE WEST COMMERCIAL CARD USA $25.00 Fastrak Refresh 11369 - BANK OF THE WEST COMMERCIAL CARD USA $233.16 Restroom Fan and Fly Trap Paper 11369 - BANK OF THE WEST COMMERCIAL CARD USA $2,681.85 Respirators, Sunscreen, Gloves, Batteries, Padlocks 11369 - BANK OF THE WEST COMMERCIAL CARD USA $3,133.01 SFO Fuel for small engines 11369 - BANK OF THE WEST COMMERCIAL CARD USA $453.62 Web forms, hosting, advertising, store, ticket refund 11369 - BANK OF THE WEST COMMERCIAL CARD USA $1,491.44 Final Payment for Mt. Umunhum Construction Trailer 11369 - BANK OF THE WEST COMMERCIAL CARD USA $(904.00) Refund of ICMA Membership 11369 - BANK OF THE WEST COMMERCIAL CARD USA $191.31 Plumbing Parts for Water Tank for Trail Work 11369 - BANK OF THE WEST COMMERCIAL CARD USA $240.52 Field Supplies - Rake, Coffee Creamer, Paint Light Bulbs 11369 - BANK OF THE WEST COMMERCIAL CARD USA $1,789.99 Water Tank & Freight Charges - LHC 11369 - BANK OF THE WEST COMMERCIAL CARD USA $434.27 Webinar Training, Membership Dues & Shelving 11369 - BANK OF THE WEST COMMERCIAL CARD USA $1,204.99 Batteries, SD Cards, Shop Vac & Storage Unit (CAO) 11369 - BANK OF THE WEST COMMERCIAL CARD USA $239.53 Field Supplies - Staples, Brush, Claw Hammer, Lopper 11369 - BANK OF THE WEST COMMERCIAL CARD USA $430.64 Travel for Fall Protection Training 11369 - BANK OF THE WEST COMMERCIAL CARD USA $1,411.58 Nat'l Interpretive Conference Expenses & Cornhole Game 11369 - BANK OF THE WEST COMMERCIAL CARD USA $69.34 Volunteer Supplies - Water & Snacks 11369 - BANK OF THE WEST COMMERCIAL CARD USA $9.99 Adobe Product Subscription 11369 - BANK OF THE WEST COMMERCIAL CARD USA $610.82 Field Supplies - Sunscreen, Scansnap S1300i, Tarp, Tool 11369 - BANK OF THE WEST COMMERCIAL CARD USA $875.39 Shaft Assembly (M08), Automotive Circuit Breaker 11369 - BANK OF THE WEST COMMERCIAL CARD USA $166.75 Field Supplies - Engine Oil, Contractor Bags, Doorstop 11369 - BANK OF THE WEST COMMERCIAL CARD USA $984.36 Poison Oak Supplies, Bike Rack & Storage Containers 11369 - BANK OF THE WEST COMMERCIAL CARD USA $1,041.31 Workshop Reg, Boots, Liquid Flow Water Meters 11369 - BANK OF THE WEST COMMERCIAL CARD USA $7.00 Formplus Monthly Subscription 11369 - BANK OF THE WEST COMMERCIAL CARD USA $87.26 High Visibility Safety Vests for Work Sites & Tours 11369 - BANK OF THE WEST COMMERCIAL CARD USA $40.96 Parking Fee for Leg. Visit, News Subscription 11369 - BANK OF THE WEST COMMERCIAL CARD USA $180 Repair parts - Hoses 11369 - BANK OF THE WEST COMMERCIAL CARD USA $111.28 Kitchen Supplies - Coffee, Tea, Sugar & Creamer 11369 - BANK OF THE WEST COMMERCIAL CARD USA $1,500.00 Roll-up Door for Storage Structure 11369 - BANK OF THE WEST COMMERCIAL CARD USA $37.71 Drinking Water for Public 11369 - BANK OF THE WEST COMMERCIAL CARD USA $394.46 CPRS Membership & Tools for Truck 11369 - BANK OF THE WEST COMMERCIAL CARD USA $974.93 Duct Tape, Mortar, Tile Blade, Lumber, Water Filters 11369 - BANK OF THE WEST COMMERCIAL CARD USA $468.31 News Subscription, Storage Unit, Office Supplies 11369 - BANK OF THE WEST COMMERCIAL CARD USA $61.25 Vehicle Tool Box Keys 11369 - BANK OF THE WEST COMMERCIAL CARD USA $23.86 Volunteer Snack Supplies for Meeting 11369 - BANK OF THE WEST COMMERCIAL CARD USA $181.00 Grass Seed for BCR Alma/Upper Lake Landscape 11369 - BANK OF THE WEST COMMERCIAL CARD USA $713.30 Field Supplies - "Hard Hat Required" Signs, Caution Tape 11369 - BANK OF THE WEST COMMERCIAL CARD USA $1,015.20 Camera, Duty Belt & Academy Uniform Items 11369 - BANK OF THE WEST COMMERCIAL CARD USA $436.04 Mower Replacement Belt & Gas Pump Nozzle 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 Vendor No. and Name Invoice Description page 2 of 5 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLAIMS REPORT MEETING # 18-34 MEETING DATE 09-26-18 Payment Number Payment Type Payment Date Notes 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 Vendor No. and Name Invoice Description 11369 - BANK OF THE WEST COMMERCIAL CARD USA $100.00 LCW Webinar on Probationary Employees 11369 - BANK OF THE WEST COMMERCIAL CARD USA $687.95 Jumper Cables, Oil, Urethane Stain for Mt. Um Bench, Lumber 11369 - BANK OF THE WEST COMMERCIAL CARD USA $1,019.45 Towel Dispenser, Exterior Light, Paint Supplies, Lumber 11369 - BANK OF THE WEST COMMERCIAL CARD USA $362.46 FFO Internet, Commercial Drone Expo Expenses & Rtn Cr 11369 - BANK OF THE WEST COMMERCIAL CARD USA $2,607.31 SRE Building Deposit, Pictures and Frames 11369 - BANK OF THE WEST COMMERCIAL CARD USA $591.09 Gate Latch, Hinge, Gloves, Extension Cord, Screws, Paint 11369 - BANK OF THE WEST COMMERCIAL CARD USA $279.00 Hazmat Waste Disposal - SFO 11369 - BANK OF THE WEST COMMERCIAL CARD USA $26.00 VRE Giveaways 11369 - BANK OF THE WEST COMMERCIAL CARD USA $516.32 Lodging for LTA Rally for RP Manager 11369 - BANK OF THE WEST COMMERCIAL CARD USA $42.29 Laptop Bag & Bay Nature Magazine Media 78906 Check 09/21/2018 11906 - LAW OFFICES OF GARY M. BAUM Legal Services Asstistant General Counsel August 2018 15,568.28 78843 Check 09/14/2018 11699 - DAKOTA PRESS Views + OA Quarterly Newsletter Fall 2018 + Postage/Mailing; PCR, TW brochures 14,920.60 78878 Check 09/14/2018 11990 - ZFA STRUCTURAL ENGINEERS Mt. Um Radar Tower Exterior Analysis Project - 7/22/18 - 8/18 14,160.74 182 EFT 09/14/2018 10216 - VALLEY OIL COMPANY Fuel for District vehicles 13,941.30 78903 Check 09/21/2018 10452 - IFLAND SURVEY Lot Line Adjustment - Purisima Farms Uplands, SM Coast Surveys 13,225.00 78854 Check 09/14/2018 10921 - NINYO & MOORE Geotechnical Evaluation Meyer Property 10,000.00 78935 Check 09/21/2018 10978 - VOLLMAR NATURAL LANDS CONSULTING, LLC Hendry's Creek Restoration Project 9,985.00 78932 Check 09/21/2018 11780 - TERRY J MARTIN ASSOCIATES SAO (Cristich) Architectural Design Development 9,500.00 78875 Check 09/14/2018 11856 - WEST COAST ARBORISTS, INC.Fire Clearance at 20000 Skyline rental; Tree Pruning at SFO 9,300.00 78877 Check 09/14/2018 *11118 - WEX BANK Fuel for District vehicles 6,773.63 78842 Check 09/14/2018 10027 - CRESCO EQUIPMENT RENTALS Boom Lift Rental (SA-MT UM)6,735.34 78895 Check 09/21/2018 11940 - Dickenson, Peatman & Fogarty Water Law Counsel - General Land Use/Water Rights, Burkhart, San Gregorio Adjudication 6,347.50 78902 Check 09/21/2018 10467 - HIGHWAY PRODUCTS Lumber Rack and Tool Boxes for M223 5,806.63 78833 Check 09/14/2018 11772 - AHERN RENTALS, INC.Bulldozer Rental (SA-H-Creek)5,495.43 78871 Check 09/14/2018 11948 - SEAN E. MCALLISTER Marbled Murrelet Surveys in La Honda OSP 5,094.00 78876 Check 09/14/2018 10387 - WEST-MARK Install Pumper on P115 4,578.33 181 EFT 09/14/2018 12001 - PEARLMAN HIMY LOS ALTOS LP 5050 El Camino Pre-Closing Lease Rents - September 4,518.83 78886 Check 09/21/2018 10012 - BIOSEARCH ENVIRONMENTAL CONSULTING SFDF Woodrat and Red-Legged Frog Consulting - RR, BCR, WH 4,298.37 78893 Check 09/21/2018 11975 - CONSOLIDATED ENGINEERING LABORATORIES BCR Public Access: Materials Testing and Construction Monitoring 3,612.00 78904 Check 09/21/2018 10133 - KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS INC Survey Services for Plat & Legal Description - Cristich 3,600.00 180 EFT 09/14/2018 10222 - HERC RENTALS, INC.Equipment Rental (SA-Hendry's Creek)3,594.55 78930 Check 09/21/2018 10107 - SUNNYVALE FORD M210 New Tires; M213 Service; P114 Maintenance Service & Tires 3,502.94 78891 Check 09/21/2018 11520 - COMMUNITY INITIATIVES Latino Engagement with Latino Outdoors (AUG 2018)3,500.00 78908 Check 09/21/2018 10058 - LIEBERT CASSIDY WHITMORE Professional Legal Services Through 8/31/18 3,478.00 78851 Check 09/14/2018 10058 - LIEBERT CASSIDY WHITMORE Professional Legal Services Through 7/31/18 3,219.00 78861 Check 09/14/2018 10211 - PUBLIC POLICY ADVOCATES 2018 Monthly Fee - Legislative Advocacy Services for SEPT 2,916.66 185 EFT 09/21/2018 10222 - HERC RENTALS, INC.Equipment Rentals - 2 Dump Trucks (SA-H-Creek)2,829.58 78862 Check 09/14/2018 10932 - RDO EQUIPMENT COMPANY T22 Tractor Repair- JD 2520 brake/axle seal/solenoid 2,694.09 78897 Check 09/21/2018 11545 - ERIN ASHFORD PHOTOGRAPHY LLC Volunteer and Staff Recognition Events Photography 2,500.00 78858 Check 09/14/2018 11519 - PRICE, POSTEL & PARMA LLP Legal: Burkhart Water Issue June & July 2018 2,330.00 78836 Check 09/14/2018 *11799 - AZTEC LEASING, INC.Sharp Copier Lease 8/1/18 - 09/01/18 2,326.06 78844 Check 09/14/2018 *10032 - DEL REY BUILDING MAINTENANCE Janitorial Services and supplies 2,249.16 78899 Check 09/21/2018 10187 - GARDENLAND POWER EQUIPMENT Protective Equipment, Parts and Repairs 2,242.26 78838 Check 09/14/2018 12000 - CITY OF CAMPBELL 2017-18 Permit Extension - Cristich 2,230.50 page 3 of 5 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLAIMS REPORT MEETING # 18-34 MEETING DATE 09-26-18 Payment Number Payment Type Payment Date Notes 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 Vendor No. and Name Invoice Description 78887 Check 09/21/2018 11186 - CALIFORNIA DEPT FISH AND WILDLIFE-NAPA OFFICE BCR Project Permit Application Fee - Upper Lake 2,170.50 78911 Check 09/21/2018 11572 - MESITI-MILLER ENGINEERING INC.Webb Creek Bridge Replacement Project Design - BCR 2,115.00 78872 Check 09/14/2018 10152 - TADCO SUPPLY Janitorial Supplies (RSA&CP)2,030.02 78850 Check 09/14/2018 11527 - LA HONDA EDUCATIONAL FOUNDATION 2018 Harvest Dinner Sponsorship 2,000.00 78835 Check 09/14/2018 *10128 - AMERICAN TOWER CORPORATION Repeater Sute Licesne - Coyote Creek 1,951.04 78870 Check 09/14/2018 11399 - SANTA CLARA VALLEY WATER DISTRICT Cost-Sharing Agreement 5/26/18-6/29/18 1,945.75 78896 Check 09/21/2018 10524 - ERGO WORKS 3 SomaFit Chairs for New Employees 1,783.08 78868 Check 09/14/2018 11075 - SANTA CLARA COUNTY - DEPT OF ENVIRONMENTAL HEALTH Environmental Health Permit Fees 1,674.00 78929 Check 09/21/2018 10143 - SUMMIT UNIFORMS Uniform Items and alterations 1,619.14 78846 Check 09/14/2018 10187 - GARDENLAND POWER EQUIPMENT Stihl Equipment Parts; Power tools for CAO 1,607.46 78881 Check 09/21/2018 11995 - ALLIED 100, LLC Infant/Child AED Replacement Pads 1,583.07 78855 Check 09/14/2018 11924 - NOMAD ECOLOGY, LLC Vegetation Surveys for Stevens Creek Nature Trail Bridges 1,520.00 78922 Check 09/21/2018 10934 - REGIONAL WATER QUALITY CONTROL BOARD BCR Project Permit Application Fee - Mud Lake 1,500.00 78923 Check 09/21/2018 10934 - REGIONAL WATER QUALITY CONTROL BOARD BCR Project Permit Application Fee - Upper Lake 1,500.00 178 EFT 09/14/2018 10585 - FLEETCARE INTERNATIONAL INC Diagnostic and Maintenance Service: 8 vehicles 1,287.40 78840 Check 09/14/2018 *10445 - COMMUNICATION & CONTROL INC Radio Repeater Lease 1,172.00 78909 Check 09/21/2018 10649 - LOS GATOS UNITED METHODIST CHURCH Meeting Facilitiies Rental (Social Hall & Kitchen) - 10/7/18 1,150.00 78853 Check 09/14/2018 10125 - MOFFETT SUPPLY COMPANY INC Toilet Paper and Hand Sanitizer 1,065.20 187 EFT 09/21/2018 11823 - Periscope Intermediate Corporation Implementation & Service - BidSync Training 1,000.00 78910 Check 09/21/2018 11746 - MARKEN MECHANICAL SERVICES, INC.SFO HVAC PM Service 990.00 78882 Check 09/21/2018 *10294 - AmeriGas - 0130 SFO PROPANE 958.80 78845 Check 09/14/2018 10169 - FOSTER BROTHERS SECURITY SYSTEMS Locks for Stock - FFO 904.72 78874 Check 09/14/2018 *10403 - UNITED SITE SERVICES INC Sanitation Service FOOSP, SA 904.14 78832 Check 09/14/2018 10001 - AARON'S SEPTIC TANK SERVICE Sanitation Services - Windy Hill & Montebello 900.00 78900 Check 09/21/2018 *11551 - GREEN TEAM OF SAN JOSE Garbage Service (RSACP)734.84 78866 Check 09/14/2018 *10136 - SAN JOSE WATER COMPANY Water Service (RSACP)711.56 78928 Check 09/21/2018 10447 - SIMMS PLUMBING & WATER EQUIPMENT Repair Water Tank Leak and Install 2nd Water Filter 614.47 78880 Check 09/21/2018 10001 - AARON'S SEPTIC TANK SERVICE Septic Tank Service (SAO)595.00 78841 Check 09/14/2018 11013 - CONFIDENCE UST SERVICES INC Vapor Recovery Test and Leak Repair - Fuel Storage Tank 572.18 78873 Check 09/14/2018 10146 - TIRES ON THE GO Replace Tires on P108, M24 560.12 78889 Check 09/21/2018 *10454 - CALIFORNIA WATER SERVICE CO-949 Water Service (FFO)555.33 78839 Check 09/14/2018 *11530 - COASTSIDE.NET SFO monthly Internet Service 9/01-9/30/18 550.00 179 EFT 09/14/2018 10529 - HEIMER, DENNIS Reimburse Tenant for Propane Tank Swap at Skyline Ranch House 544.07 78917 Check 09/21/2018 *10261 - PROTECTION ONE Alarm Services (FFO), AO 540.19 78914 Check 09/21/2018 11019 - PALO ALTO WEEKLY Legal Ad Monte Bello Driveway 528.00 78933 Check 09/21/2018 10146 - TIRES ON THE GO Replace Two Tires on P105, Repair Tire on P106 519.90 78892 Check 09/21/2018 11013 - CONFIDENCE UST SERVICES INC Fuel Tank Vapor Recovery Test (FFO)495.00 78926 Check 09/21/2018 11882 - RYAN'S SPORT SHOP Boots for employee 489.52 78901 Check 09/21/2018 *10173 - GREEN WASTE SFO Debris Box 460.00 78852 Check 09/14/2018 10190 - METROMOBILE COMMUNICATIONS Install Dock and Antenna on P108 456.75 78916 Check 09/21/2018 11335 - PITNEY BOWES GLOBAL FINANCIAL SERVICES LLC Postage Meter Lease 6/30/18 - 9/29/18 422.37 78898 Check 09/21/2018 10169 - FOSTER BROTHERS SECURITY SYSTEMS Padlocks, Locks, Keys - SFO 406.63 78837 Check 09/14/2018 10014 - CCOI GATE & FENCE Gate Service (SA-MT UM)400.00 78890 Check 09/21/2018 *10168 - CINTAS Shop Towel Service (FFO & SFO)364.76 page 4 of 5 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLAIMS REPORT MEETING # 18-34 MEETING DATE 09-26-18 Payment Number Payment Type Payment Date Notes 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 Vendor No. and Name Invoice Description 78888 Check 09/21/2018 *10172 - CALIFORNIA WATER SERVICE CO-3525 Water Service for Rentals 352.28 78859 Check 09/14/2018 10265 - PRIORITY 1 Repair Siren on P96 336.37 78921 Check 09/21/2018 10194 - REED & GRAHAM INC Erosion Control Material (SA)327.75 78924 Check 09/21/2018 *10093 - RENE HARDOY AO Gardening Services 325.00 78863 Check 09/14/2018 10194 - REED & GRAHAM INC Erosion Control Supplies (SA-H-Creek)321.20 78925 Check 09/21/2018 10935 - RICE TRUCKING-SOIL FARM Water Delivery to Toto Ranch 320.69 78913 Check 09/21/2018 10670 - O'REILLY AUTO PARTS M219 Rear Brake Light Housing, Wiper Blades 311.86 78867 Check 09/14/2018 11179 - SAN MATEO COUNTY ASSESSOR OFFICE GIS Data - S.M. County Secure Master File 305.00 78864 Check 09/14/2018 *11526 - REPUBLIC SERVICES Monthly Garbage Services 251.92 186 EFT 09/21/2018 11562 - INGRAM, JESSICA Reimbursement for Park Rangers Assn CA Conference Registration 250.00 78920 Check 09/21/2018 10195 - REDWOOD GENERAL TIRE CO INC T39 Tractor Tire Repair 220.44 78915 Check 09/21/2018 10209 - PETTY CASH-MROSD Petty Cash Reimbursements - AO, SFO 200.25 78927 Check 09/21/2018 11918 - SF NORTH BAY LAW Legal Services for August 2018 200.00 78907 Check 09/21/2018 11326 - LEXISNEXIS Online Subscription Service August 2018 198.00 183 EFT 09/21/2018 11338 - BIEBER, CYDNEY 3CMA (City-County Comm.Marketing Assn) Conference Expenses Reimbursement 190.54 78885 Check 09/21/2018 10706 - BAY AREA NEWS GROUP (MERCURY NEWS)Ad for McDonald Ranch Water Line Replacement 174.40 78860 Check 09/14/2018 *10261 - PROTECTION ONE AO ALARM SERVICES 164.85 78857 Check 09/14/2018 10925 - PAPE` MACHINERY T34 Tractor Parts 151.72 78879 Check 09/14/2018 11176 - ZORO TOOLS Supplies - Ear Plugs & Safety Glasses (CAO)141.58 78869 Check 09/14/2018 11042 - SANTA CLARA COUNTY-OFFICE OF THE SHERIFF Live Scan Services-July 2018 138.00 78912 Check 09/21/2018 *10664 - MISSION TRAIL WASTE SYSTEMS AO garbage services 135.16 177 EFT 09/14/2018 10352 - CMK AUTOMOTIVE INC Repair Service for A94 128.00 184 EFT 09/21/2018 10352 - CMK AUTOMOTIVE INC P104 Service 127.17 188 EFT 09/21/2018 11999 - REYES, THOMAS Mileage Reimbursement 6/7/18 - 8/14/18 125.79 78936 Check 09/21/2018 10527 - WASTE MANAGEMENT Debris Disposal (SA)118.03 78848 Check 09/14/2018 10267 - HALF MOON BAY REVIEW Legal Ad for Purisima Creek Restroom Replacement 117.00 78865 Check 09/14/2018 10182 - ROYAL BRASS INC T27 Tractor Parts 101.30 78834 Check 09/14/2018 10815 - AMERICAN RED CROSS CPR/AED Training and Certification August 2018 54.00 78849 Check 09/14/2018 10051 - JIM DAVIS AUTOMOTIVE Smog Check - M223 45.00 78934 Check 09/21/2018 11037 - US HEALTHWORKS MEDICAL GROUP PC Medical Services-HR 45.00 78931 Check 09/21/2018 10152 - TADCO SUPPLY Janitorial Supplies (FFO)40.95 78894 Check 09/21/2018 11210 - DATA SAFE Destruction Services- AO 40.00 78918 Check 09/21/2018 11184 - PURCHASE POWER - PITNEY BOWES POSTAGE Late fees 29.99 78919 Check 09/21/2018 *10134 - RAYNE OF SAN JOSE Water Service (FOOSP)28.25 78884 Check 09/21/2018 10183 - BARRON PARK SUPPLY CO INC FFO Shower Faucet Repair 26.23 78905 Check 09/21/2018 10119 - KWIK KEY LOCK & SAFE CO INC Keys 10.63 78856 Check 09/14/2018 **10180 - P G & E Electric Service at Hawthorne Historical 10.50 Grand Total 687,368.95$ *Annual Claims **Hawthorn Expenses Abbreviations page 5 of 5 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLAIMS REPORT MEETING # 18-34 MEETING DATE 09-26-18 Payment Number Payment Type Payment Date Notes 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 Vendor No. and Name Invoice Description A### = Administrative Office Vehicle GP = General Preserve PCR = Purisima Creek Redwoods SCS = Stevens Creek Shoreline Nature Area AO2, AO3, AO4 = Administrative Office Leased Sp HR = Human Resources PIC= Picchetti Ranch SFO = Skyline Field Office BCR = Bear Creek Redwoods LH = La Honda Creek PR = Pulgas Ridge SG = Saratoga Gap CAO = Coastal Area Office LR = Long Ridge RR = Russian Ridge SJH = Saint Joseph's Hill CC = Coal Creek LT = Los Trancos RR/MIN = Russian Ridge - Mindego Hill SR= Skyline Ridge DHF = Dear Hollow Farm M### = Maintenance Vehicle RSA = Rancho San Antonio T### = Tractor or Trailer ECdM = El Corte de Madera MB = Monte Bello RV = Ravenswood TC = Tunitas Creek ES = El Sereno MR = Miramontes Ridge SA = Sierra Azul TH = Teague Hill FFO = Foothills Field Office OSP = Open Space Preserve SAO = South Area Outpost TW = Thornewood FOOSP = Fremont Older Open Space Preserve P### = Patrol Vehicle SAU = Mount Umunhum WH = Windy Hill Report 18-106 Meeting 18-34 September 26, 2018 AGENDA ITEM 3 AGENDA ITEM Approval of Two Resolutions for Grant Applications to the Habitat Conservation Fund Program GENERAL MANAGER’S RECOMMENDATIONS 1. Adopt a grant application Resolution to the Habitat Conservation Fund Program for funding support to purchase the Johnston Ranch Uplands property as an addition to Miramontes Ridge Open Space Preserve. 2. Adopt a grant application Resolution to the Habitat Conservation Fund Program for funding support to restore the Mindego Ponds at Russian Ridge Open Space Preserve. SUMMARY The Habitat Conservation Fund (HCF) is a competitive grant program administered by the California Department of Parks and Recreation (CDPR) under the California Wildlife Protection Act of 1990. The program funds local agency acquisition of wildlife corridors and urban trails, as well as nature interpretation and other programs that bring urban residents into parks and wildlife areas. This is the last year that funding is available through this grant opportunity. The General Manager recommends submitting two grant applications in this final HCF funding cycle. One application is to assist in the acquisition of 650 acres of the Johnston Ranch Uplands property (Attachment 1), located just south of the City of Half Moon Bay and owned by Peninsula Open Space Trust (POST). This acquisition opportunity is included in the Fiscal Year 2018-19 Capital Improvement and Action Plan, and Budget and is part of Measure AA Portfolio #01 Miramontes Ridge. The second application is for restoration of the Mindego Ponds (Attachment 2) to improve habitat conditions for listed and special status species, reduce downstream erosion, and protect the necessary water supply to support the conservation grazing program. This project is also eligible for Measure AA funding under Measure AA Portfolio #09 Russian Ridge. Board of Directors (Board) approval of these Resolutions, which commits matching agency funds, is required for application submittal. In addition, the grant program requires recipients to place a 20-year deed restriction for future parks and recreation use on the land. If awarded, the Midpeninsula Regional Open Space District (District) will have up to five years to complete each project. However, this application does not commit the District to purchase the Johnston Ranch Uplands property. If the grant application is successful and the acquisition does not proceed, the District would communicate the change to CDPR to void the agreement. R-18-106 Page 2 DISCUSSION The HCF Program was established by the State of California to provide matching grants to local agencies for the acquisition of open space lands for wildlife corridors and urban trails, nature interpretation programs, and other programs that bring urban residents into parks and wildlife areas. To date, the District has successfully completed 13 HCF grant acquisitions, resulting in 15 property additions to six open space preserves. Since the HCF’s inception, the amount of program funding has fluctuated. More recently, just over $2 million has been available each year. However, this program is set to sunset and this is the last year of available funding. Consequently, more than $2 million will be available this funding cycle as the program seeks to distribute remaining funds from projects that were unable to proceed as scheduled. This is a highly competitive grant, with a 3:1 ratio of grant acceptance. Johnston Ranch Johnston Ranch Uplands is a critical acquisition under Measure AA Portfolio #01 Miramontes Ridge and facilitates a future public opening of Miramontes Ridge Open Space Preserve (OSP). This acquisition is eligible for an HCF grant under the Trails funding category. POST originally purchased the larger 880-acre Johnston Ranch property in the late 1990s in response to a development threat from a golf course and high-end housing. Its location in Half Moon Bay (Attachment 1) is particularly attractive for open space and wildlife corridor protection given its proximity to an urban center, potential connection to coastal and regional trails, and its proximity to both Miramontes Ridge OSP and Burleigh H. Murray State Park. The property is a mixture of grazed and ungrazed coastal uplands. Arroyo Leon, a tributary of Pilarcitos Creek, runs through the property. The District is working with POST to bring the potential purchase to the full Board for consideration after the completion of a Lot Line Adjustment process that will separate out approximately 650 acres of grazed upland from approximately 230 acres of working farmlands, containing both irrigated row crops and dry farmed lands. The 230 acres would be sold to the current farm tenant and remain as agricultural land. This potential acquisition is well-matched for an HCF grant due to its recreational, cultural, scenic, and natural resource value. The timing of the potential acquisition, planned within the next one to five years, is conducive to the timeframe of this grant. After acquisition, public access planning will be considered in future Action Plan and Budget cycles. Long-range public access goals under Measure AA Portfolio #01 are consistent with regional trail connectivity goals and the goals of the HCF Program. Both the County of San Mateo and the City of Half Moon Bay have been consulted during pre-acquisition planning by the District and POST, and are in support of this grant application. The District submitted an application for this acquisition in the 2017 HCF grant cycle and received a site visit but was ultimately unsuccessful in obtaining funding. However, because the funding ask has been lowered to $200,000 (down from $500,000 in the last round), and because successful applications partially depend on how the project scores against other applicants, the application may be successful in this round. Mindego Ponds Mindego Ponds within Russian Ridge Open Space Preserve provide important habitat for the endandered San Francisco garter snake, threatened California red-legged frog, and western pond turtle, a species of special concern. Restoration is planned at two ponds, Kneudler Lake and R-18-106 Page 3 Upper Spring, to improve the habitat for these and other species. Restoration activities will include sediment excavation and pond deepening to provide appropriate habitat, as well as vegetation removal and pond shaping to provide shallows for breeding habitat and ensure structural stability. Additional cattle exclusion fencing will also be erected. Ultimately, the goal is to improve habitat for the species present, reduce downstream erosion, and ensure continued water supply for conservation grazing. Restoration at Mindego Ponds is a competitive project under the Wetlands category of the HCF Grant Program, which focuses on acquisition, enhancement, or restoration of wetlands habitat. This project is included in the FY2019-20 Capital Improvement and Action Plan and will use Design-Build for delivery. The Board approved a not-to-exceed contract amount of $466,119 for Hanford ARC and CBEC Inc Eco Engineering to complete this work. Design will be complete in November 2018 and permitting is expected to be completed by May 2019, with construction anticipated from August 1 through October 31, 2019, with the possibility of shifting to 2020 if permitting or other unanticipated delays occur. Because grant funding can only be applied for work completed after a grant agreement is signed, only costs incurred after August 1, 2019 would be eligible for reimbursement. Consequently, the District is seeking grant funding for only the construction portion of this project, which also makes the application more competitive. The District is applying for $200,000 in grant funds for construction and related staff time. Grant Requirements Applications are due October 1, 2018 and the State Office of Grants Administration will notify applicants of a project award before July 1, 2019. If awarded, the District must commit a dollar- for-dollar match from non-state sources to complete each grant-funded portion of the project. Additionally, grant recipients are required to record a deed restriction to ensure future use of the property for park and recreation purposes for a period of 10 to 20 years, depending on the award amount (above $100,000 is a 20 year restriction). This restriction is not in conflict with the District’s goals and objectives for each property. The Resolutions (Attachments 3 and 4) authorizes the General Manager to approve the filing of the application and certifies that the required match has been committed and sufficient funds are available to execute each project. FISCAL IMPACT Grant application submittal has no direct fiscal impact. If successful, the two grants will represent a positive fiscal impact for the District beginning in FY2019-20. The District is requesting $200,000 for the Johnston Ranch Uplands property and $200,000 for Mindego Ponds from the HCF Program. Matching funds are a requirement of both grants, and Measure AA funds are available to meet this requirement. The Johnston Ranch Uplands property acquisition is eligible for Measure AA funds under Measure AA Portfolio #01 Miramontes Ridge: Gateway to the Coast Public Access, Stream Restoration and Agriculture Enhancement. Mindego Ponds Improvement Project is eligible for Measure AA funds under Measure AA Portfolio #09 Russian Ridge: Pubic Recreation, Grazing and Wildlife Protection Projects. R-18-106 Page 4 BOARD COMMITTEE REVIEW This report was not previously reviewed by a Board Committee. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE This item is not subject to the California Environmental Quality Act. NEXT STEPS Near-term next steps for the project include: •Finalize the HCF application and submit by October 1, 2018. •Continue the Johnston Ranch Uplands project investigations per tasks outlined in the FY2018-19 Capital Improvement and Action Plan (CIAP). •Continue with conceptual design and planning for Mindego Ponds, per tasks outlined in the FY2018-19 CIAP. •Receive notice about HCF funding by July 1, 2019. Attachment: 1.Johnston Ranch Uplands location map 2. Mindego Ponds location map 3. Resolution approving a grant application for funds from the Habitat Conservation Fund Program for Johnston Ranch Uplands acquisition 4. Resolution approving a grant application for funds from the Habitat Conservation Fund for Mindego Pond restoration Responsible Department Heads: Stefan Jaskulak, CFO/Director of Administrative Services Mike Williams, Real Property Manager Kirk Lenington, Natural Resources Manager Prepared by: Melanie Askay, Grants Specialist, Administrative Services Elish Ryan, Real Property Planner III Julie Andersen, Resource Management Specialist III Contact person: Melanie Askay, Grants Specialist, Administrative Services Attachment 1 RUSSIAN RIDGE OPEN SPACE PRESERVE LA HONDA CREEK OPEN SPACE PRESERVE EL CORTE DE MADERA CREEK OPEN SPACE PRESERVE WINDY HILL OPEN SPACE PRESERVE RANCHO SAN ANTONIO OPEN SPACE PRESERVE MONTE BELLO OPEN SPACE PRESERVE SKYLINE RIDGE OPEN SPACE PRESERVE LONG RIDGE OPEN SPACE PRESERVE ^_ ^_ PORTOLA REDWOODS STATE PARK S.F. BAY YOUTH AUTHORITY HIDDEN VILLA UPPER STEVENS CREEK COUNTY PARK FOOTHILLS PARK Knuedler Lake Upper Springs Portola StateParkRd A l p i n e R o a d AlpineRoad Sa r a t o g a S u n n y v a l e R d P o rt o l a R d PageMillRoad PescaderoCreekRd El C a m i n o R e a l A r a s t r adero Road Pa g e M i l l R o a d Alp i n e R o a d Pa g eMill R o a d ÄÆ35 ÄÆ101 ÄÆ280 ÄÆ84 ÄÆ35 ÄÆ85 ÄÆ35 ÄÆ280 ÄÆ84 ÄÆ85 Los Altos Mountain View CupertinoLa Honda Midpeninsula Regional Open Space District (MROSD) August 2018 Project Location Pa t h : G : \ P r o j e c t s \ R u s s i a n _ R i d g e \ M i n d e g o H i l l \ H C F _ G r a n t \ R R _ M i n d e g o _ H C F G r a n t _ P r o j e c t L o c a t i o n _ 2 0 1 8 0 8 0 1 . m x d Cr e a t e d B y : j h a w k 0 21 MilesI Midpen Preserve Private Property While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features. Watershed Land MROSD Boundary Santa Cruz OaklandSan Francisco San Jose Other Protected Land Land Trust Other Public Agency ^_Project Location Attachment 2 ATTACHMENT 3 Resolutions/2017/R-17-__HCFGrantApplication 1 RESOLUTION 18-__ RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM FOR THE JOHNSTON RANCH UPLANDS PROJECT WHEREAS, the people of the State of California have enacted the California Wildlife Protection Act of 1990, which provides funds to the State of California for grants to local agencies to acquire, enhance, restore or develop facilities for public recreation and fish and wildlife habitat protection purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the HCF Program, setting up necessary procedures governing project application under the HCF Program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application(s) before submission of said application(s) to the State; and WHEREAS, the applicant will enter into a contract with the State of California to complete the project(s); The Board of Directors of Midpeninsula Regional Open Space District does hereby resolve as follows: 1. Approves the filing of an application for the Habitat Conservation Fund Program for the Johnston Ranch Uplands Project; and 2.Certifies that said applicant has or will have available, prior to commencement of any work on the project included in this application, the required match and sufficient funds to complete the project; and 3. Certifies that the applicant has or will have sufficient funds to operate and maintain the project(s), and 4. Certifies that the applicant has reviewed, understands, and agrees to the provisions contained in the contract shown in the Grant Administration Guide; and 5. Delegates the authority to the General Manager to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the project. 6.Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ATTACHMENT 3 Resolutions/2017/R-17-__HCFGrantApplication 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 roll call vote at a meeting thereof duly held and called on the above day. District Clerk ATTACHMENT 4 Resolutions/2017/R-17-__HCFGrantApplication 1 RESOLUTION 18-__ RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM FOR THE MINDEGO PONDS RESTORATION PROJECT WHEREAS, the people of the State of California have enacted the California Wildlife Protection Act of 1990, which provides funds to the State of California for grants to local agencies to acquire, enhance, restore or develop facilities for public recreation and fish and wildlife habitat protection purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the HCF Program, setting up necessary procedures governing project application under the HCF Program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application(s) before submission of said application(s) to the State; and WHEREAS, the applicant will enter into a contract with the State of California to complete the project(s); The Board of Directors of Midpeninsula Regional Open Space District does hereby resolve as follows: 1. Approves the filing of an application for the Habitat Conservation Fund Program for the Mindego Pond Restoration Project; and 2.Certifies that said applicant has or will have available, prior to commencement of any work on the project included in this application, the required match and sufficient funds to complete the project; and 3. Certifies that the applicant has or will have sufficient funds to operate and maintain the project(s), and 4. Certifies that the applicant has reviewed, understands, and agrees to the provisions contained in the contract shown in the Grant Administration Guide; and 5. Delegates the authority to the General Manager to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the project. 6.Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ATTACHMENT 4 Resolutions/2017/R-17-__HCFGrantApplication 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 roll call vote at a meeting thereof duly held and called on the above day. District Clerk R-18-108 Meeting 18-34 September 26, 2018 AGENDA ITEM 4 AGENDA ITEM Award of Contract to D-Line Constructors, Inc., for Improvements to the Monte Bello Driveway at Monte Bello Open Space Preserve GENERAL MANAGER’S RECOMMENDATIONS 1. Authorize the General Manager to enter into contract with D-Line Constructors, Inc., for a not-to-exceed base contract amount of $145,063. 2. Authorize a 15% contingency of $21,759 to be reserved for unanticipated issues, thus allowing the total contract amount not-to-exceed $166,822. SUMMARY The Monte Bello Site Driveway provides essential access to communication tenants at the Black Mountain Communications site and is part of the road and trail network that is open to public access and used by field staff for patrol and maintenance. The proposed scope of work addresses road repair and maintenance needs, including restoration of drainage ditches, new erosion control measures, reshaping of the driveway, and the installation of approximately 3,000 feet of aggregate base. The total length of the driveway project is 6,250 linear feet. A request for bids resulted in the receipt of two bids with D-Line Constructors Inc., as the lowest responsive and responsible bidder. The General Manager recommends awarding the contract to D-Line Constructors Inc., for a base contract amount of $145,063, and authorizing a 15% contingency of $21,759. Sufficient funds for the project are included in the Fiscal Year 2018-19 Budget. The District is requesting reimbursement of 45% of the cost ($65,280) from the communication tenants. Work is scheduled to begin in October. DISCUSSION The Monte Bello Driveway from gate MB09 to the Black Mountain Communications Site at Monte Bello Open Space Preserve serves as the access driveway for communication tenants to access five communication tower sites (See Attachment 1). The communication tenants at Black Mountain are C&C Equipment Company, Inc. (C&C), Federal Aviation Administration (FAA), Crown Castle MU LLC (Crown), and Communication and Control Inc. (Com Control). The Midpeninsula Regional Open Space District’s (District) radio system receivers are located on a tower in the C&C lease area. One lease site remains vacant. Monte Bello Road (also referred to in this report as driveway) provides the only access for the District’s communication tenants and provides vehicle access for District staff and emergency R-18-108 Page 2 responders. The District maintains Monte Bello Road as a fuel break and is an important access route for fire engines that connects the paved portion of Monte Bello Road with Page Mill Road. The driveway is also part of the public road and trail network in the preserve, providing visitor access to some of the most scenic vistas in the preserve. The last time that the District performed a major repair on the driveway was approximately 20 years ago in 1999 (R-99-09). Since that time, the road has not been regraded or rocked other than for minor repairs and routine maintenance. To keep the driveway in good working condition, the proposed project scope of work includes the following: 1) Restoration of drainage ditches 2) New erosion control measures 3) Gully repairs 4) Installation of 2,835 feet of 2-inch aggregate base 5) Installation of 162 feet of 4-inch aggregate base 6) Reshaping of the driveway The total driveway length for the repairs is 6,250 linear feet. Communication tenants use the driveway regularly to service their communication facilities at Black Mountain and contribute to the daily wear and tear. While the lease does not require tenants to make a specific contribution, they are responsible for repairing damage caused by their use. The District has requested that the communication tenants contribute 45% to the cost of this project, or $16,320 per tenant, which the District would divide into two payments due on January 1, 2019 and June 1, 2019. This repair and resurfacing should provide a solid surface for access over the next 5-10 years or more. Contractor Selection A Request for Bids was issued on August 10, 2018 and released to five builders’ exchanges. Legal notices were posted in the Los Altos Town Crier and the Palo Alto Weekly. An Invitation to Bid was posted on the District website. Staff contacted twenty-one contractors to notify them of this project. Staff held two pre-bid meetings on August 13 and 29 with two contractors in attendance. Two bids were received on September 7, 2018 as listed below: Bidder Location Total Bid Percent +/- from Estimated Cost ($205,372) D-Line Constructors Inc. Oakland, CA $145,063 -29% GradeTech Inc. San Ramon, CA $205,670 0.2% Upon review of the Bid Proposals and confirmation of the contractors' qualifications, the General Manager recommends awarding the contract to D-Line Constructors Inc., as the lowest responsible bidder who submitted a responsive bid. FISCAL IMPACT The Fiscal Year (FY) 2018-19 budget includes $186,500 for the Monte Bello Site Driveway Improvements. There are sufficient funds in the project budget to cover the recommended R-18-108 Page 3 contract and expenditures. The District has requested that communication tenants reimburse 45% of the cost totaling $65,280. 61003 – Monte Bello Site Driveway Improvements FY2018-19 Monte Bello Site Driveway Improvements Budget $186,500 Spent-to-Date as of 9/13/2018 $0 Encumbrances: $0 Award of Contract (including 15% contingency): $166,822 Budget Remaining (Proposed): $19,678 BOARD COMMITTEE REVIEW This item was not previously reviewed by a Board Committee. PUBLIC NOTICE Public notice of this Agenda Item provided as required by the Brown Act. CEQA COMPLIANCE Awarding the bid and issuing a contract agreement to repair and reshape the Monte Bello Site Driveway Improvements project is categorically exempt from CEQA under Article 19, Sections 15301(l) and 15304 of the CEQA Guidelines as follows: Section 15301 Existing Facilities exempts operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. Section 15304 Minor Alterations to Land exempts minor grading for erosion control. NEXT STEPS If approved, the General Manager will enter into a contract with D-Line Constructors Inc. Final contract signature is subject to meeting all District requirements, such as having all required insurance and bonding in place. Construction will begin October 2018. Attachment 1. Monte Bello Site Driveway Improvements Map Responsible Department Head: Michael Jurich, Acting Land and Facilities Services Manager Prepared by: Elaina Cuzick, Senior Property Management Specialist, Land and Facilities Services Department Graphics prepared by: Jamie Hawk, Data Analyst I !P ÄÆ85 Montebello R o a d MontebelloDrive w a y Stevens Cany onRo a d Foo thill Blvd F o othill E x p w y S t e v e n s Creek Blvd ÄÆ280 FREMONT OLDER OPEN SPACE PRESERVE LONG RIDGE OPEN SPACE PRESERVE MONTE BELLO OPEN SPACE PRESERVE PICCHETTI RANCH OPEN SPACE PRESERVE RANCHO SAN ANTONIO OPEN SPACE PRESERVE Midpeninsula Regional Open Space District (MROSD) August 2018 Monte Bello Site Driveway Improvements Pa t h : G : \ P r o j e c t s \ M o n t e _ B e l l o \ M o n t e b e l l o R o a d \ M B _ M o n t e b e l l o R d I m p r o v e m e n t s _ B o a r d M a p _ 2 0 1 8 0 8 2 8 . m x d Cr e a t e d B y : j h a w k 0 10.5 MilesI MROSD Preserves Private Property While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features. Other Protected Lands Gate MB09 Trail Paved Road Unpaved Road Black Mountain Communications Site Road Improvements !# Attachment 1 R-18-107 Meeting 18-34 September 26, 2018 AGENDA ITEM 5 AGENDA ITEM Award of Contract to Ecast Engineering, Inc., for Replacement of the Point of Diversion 17 Waterline on the former McDonald Ranch at La Honda Creek Open Space Preserve GENERAL MANAGER’S RECOMMENDATIONS 1.Authorize the General Manager to award a contract to Ecast Engineering, Inc., to construct a new waterline for the base contract amount of $148,250. 2. Authorize a 15% contract contingency of $22,238 to be reserved for unanticipated issues, for a total contract amount not-to-exceed $170,488. SUMMARY A spring commonly known as Point of Diversion 17 (POD 17) located in the northeast section of the former McDonald Ranch provides water to a grazing tenant, ranger residence, and two neighbors, one of whom shares a deteriorated waterline with Midpeninsula Regional Open Space District (District). The proposed contract will replace this waterline from the holding tank to a junction on the south side of La Honda Creek, and add a water connection to supply fire suppression water. A Request for Bids resulted in four (4) bids, with Ecast Engineering, Inc., as the lowest responsive and responsible bidder. The General Manager recommends awarding the contract to Ecast Engineering, Inc., for a base contract amount of $148,250, and authorizing a 15% contingency amount of $22,238. Sufficient funds for the Project are included in the Fiscal Year 2018-19 Budget. Work is scheduled to begin October 2018. DISCUSSION The former McDonald Ranch is located in the northern portion of La Honda Creek Open Space Preserve, in an area referred to as Upper La Honda Creek. The spring at POD17 is the primary water source for the grazing tenant, a ranger residence, and two neighbors. (See Attachment 1) The holding tank at the spring and associated waterline are in poor condition. The holding tank is corroded and leaking. The waterline is a patchwork of pipe made of different materials. In addition to ongoing water loss due to leaks, District staff are required to make urgent repairs several times a year due to breaks in the pipeline because of its age and condition. District staff will replace the 1,000-gallon holding tank with a new 1,600-gallon polyethylene tank. The scope of the proposed contract is to install 4,300 linear feet of new, high-density polyethylene waterline from the new water tank to a junction on the south side of La Honda R-18-107 Page 2 Creek. The new line will be buried in the center of a ranch road with a tracer wire, making its location simple to find and eas y to maintain. (See Attachment 1) During the design and engineering for this project, staff reviewed the plan set with its neighbors who share rights to the water and the neighbors concur with the design. The design provides a valve to ensure appropriate access to the water for multiple users. Contractor Selection A Request for Bids was posted on the District website and released to five builders’ exchanges on August 8, 2018. Legal notices were posted in the San Mateo County Times and Half Moon Bay Review. Staff held two mandatory pre-bid meetings and site walks that were attended by five contractors. Sealed bids were due on September 7, 2018. The four bids received are summarized below: Bids Received McDonald Ranch Waterline Replacement Bidder Location Total Base Bid Percent +/- from Engineer’s Estimate ($143,200) Ecast Engineering, Inc. Oakland $148,250 +3.5% GradeTech, Inc. San Ramon $150,000 +4.7% Yerba Buena Engineering San Francisco $158,160 +10.4% Lewis and Tibbetts, Inc. San Jose $325,786 +127.5% After reviewing the bid proposals, the General Manager recommends awarding the contract to Ecast Engineering, Inc., which is the lowest responsible and responsive bidder. FISCAL IMPACT The adopted Fiscal Year (FY) 2018-19 budget holds $166,450 for the La Honda Creek Point of Diversion 17 Waterline Replacement. Staff has completed an administrative budget adjustment consistent with Board policy and authorizations to move funds from the Big Dipper Spring project budget to this project to cover the higher than estimated cost of construction. There are now sufficient funds in the project budget to cover the recommended contract and additional expenditures necessary to complete the project. The Big Dipper Spring project requires site investigations to determine what improvements are required. After completing these investigations, staff will determine if the reduced budget is sufficient for the required work or if an additional budget adjustment is required. R-18-107 Page 3 61007 – La Honda Creek Point of Diversion 17 Waterline Replacement FY2018-19 Adopted Project Budget $166,450 Administrative Budget Adjustment $ 26,500 Adjusted Project Budget $192,950 Spent-to-Date as of 9/12/18 $ 182 Encumbrances $ 0 Award of Contract (including 15% contingency) $170,488 Budget Remaining (Proposed): $ 22,280 BOARD COMMITTEE REVIEW This item was not previously reviewed by a Board Committee. PUBLIC NOTICE Public notice provided as required by the Brown Act, including adjacent neighbors. CEQA COMPLIANCE Project Description The project consists of a new waterline plumbed to a new water tank running above ground across a steep drainage until it reaches the ranch road. The line will be buried in the center of the ranch road and follow the road until it surfaces at a bridge. At the bridge, the line will be affixed to the topside edge of the bridge deck to cross the bridge. Once the waterline crosses the bridge, it will be buried in the center of the road until it veers off to terminate at a Christy box. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Article 19, Sections 15302, and 15304 of the CEQA Guidelines as follows: Section 15302 exempts replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to: (c) Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. Section 15304 exempts minor public or private alterations in the condition of land, water, and/or vegetation, which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. Section 15304(a) exempts grading on land with a slope of less than 10 percent, except that grading shall not be exempt in a waterway, in any wetland, in an officially designated scenic area, or in officially mapped areas of severe geologic hazard as delineated by the State Geologist, and 15304(f) exempts minor trenching and backfilling where the surface is restored. R-18-107 Page 4 NEXT STEPS Pending Board approval, the General Manager will direct staff to contract with Ecast Engineering, Inc., to complete the installation of the new waterline as recommended in this report. Construction is scheduled to begin and end in October 2018. Attachment: 1. Site Map Responsible Department Head: Michael Jurich, Acting Land & Facilities Manager Prepared by: Susan Weidemann, Property Management Specialist II Graphics: Tad Hammer, Data Administrator !> !> !> !> &> &> &> !> !> !> !> !> !> !> UTUT ED ED ú Bridge Christy Box Spring Proposed Water Line= Approx. 4,200 feet Point of Diversion (POD 17) Remove Existing Tank Private Residence Water Line L a H o n d a C r e e k 14 0 0 1 2 0 0 12 0 0 100 0 1400 LA HONDA CREEK OPEN SPACE PRESERVE Midpeninsula Regional Open Space District (MROSD) August 2018 McDonald Ranch POD 17 Proposed Water Line Pa t h : G : \ P r o j e c t s \ L a _ H o n d a _ C r e e k \ W a t e r I n f r u s t r u c t u r e \ L H C _ P O D 1 7 _ P r o p o s e d W a t e r D i s t _ 2 0 1 8 0 8 0 8 . m x d Cr e a t e d B y : t h a m m e r I While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features. La Honda Portola Valley LA HONDA CREEK OPEN SPACE PRESERVE ÄÆ84 ÄÆ35 ÄÆ84 ÄÆ35 ÄÆ84 Area of Detail MROSD Preserve Unpaved Seasonal Road Trail ú Bridge ED Spring UT Existing Water Tank UT Proposed Water Tank !>Water Valve &>Water Trough Active Water Line !>Proposed Water Valve Proposed Water Line 0 500250 Feet Attachment 1 R-18-109 Meeting 18-34 September 26, 2018 AGENDA ITEM 6 AGENDA ITEM Amendment to extend the current lease at 240 Cristich Lane, Campbell, Santa Clara County (Assessor’s Parcel Number 412-32-014), also known as the site of the future South Area Field Office GENERAL MANAGER’S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA), as set out in the staff report. 2. Adopt a Resolution authorizing the lease amendment and granting authority to the General Manager to make future property management decisions to secure additional rental income while moving forward with final plans, permitting, and the bidding process to complete site improvements and repurpose the property as a new South Area Field Office. SUMMARY The Midpeninsula Regional Open Space District (District) has an opportunity to secure additional rent from its 240 Cristich Lane property in Campbell (new South Area Field Office) through a six-month lease extension with the existing tenant. The proposed extension aligns well with the current permit/remodel schedule for the new South Area Field Office. The attached Resolution authorizes the General Manager to make property management decisions consistent with the goal of continuing a revenue stream for the property until such time as the District is ready to proceed with its remodel project for the facility. The following report presents a description of the background, environmental review, lease terms, and financial considerations. DISCUSSION The District purchased the industrial property at 240 Cristich Lane in Campbell on October 2, 2017 for its new South Area Field Office (R-17-38). The property was purchased from West Valley Charter Lines, Inc. (Seller), which operated a charter bus business. Under the terms of the purchase, the Seller had the ability to leaseback the property for up to 12 months (until October 2018). The District benefited from the leaseback, collecting a rental income of $142,000 and benefiting from the site presence while staff works to secure a building permit from the City of Campbell. The site would have otherwise been vacant without the leaseback. In February 2018, West Valley Charter Lines, Inc., was purchased by Avalon Transportation, LLC (Avalon) which is a larger transportation company based in southern California. As the District’s current tenant, Avalon requested a six-month lease extension, expiring on March 31, R-18-109 Page 2 2019. The lease extension does not affect the new South Area Field Office construction schedule, which is set to begin in the summer of 2019. Under the proposed extension, the District would collect up to an additional $75,000 in rental income. TERMS AND CONDITIONS The lease amendment terms are as follows: • Term: up to 6 months (tenant can cancel lease with a 30-day notice) • Lease Rate: $12,500 per month (tenant pays all expenses) • Addition of destructive testing provision for the District’s benefit (allows District consultants to open walls, flooring, etc., if needed) In addition, Avalon has agreed to remove all miscellaneous personal property (debris) from the yard prior to the lease amendment taking effect on October 2, 2018. The District will continue to hold a $20,000 security deposit to assure that the property is properly cleaned-up at the end of the lease term. FISCAL IMPACT A full six-month lease extension will net the District $75,000 in income. BOARD COMMITTEE REVIEW This item was not previously reviewed by a Board Committee PUBLIC NOTICE All notice required by the Brown Act has been provided. CEQA COMPLIANCE The District concludes that this lease amendment does not have any potential effect on the environment. It is exempt from the California Environmental Quality Act (CEQA) under Article 19, Sections 15061 as follows: Section 15061(b)(3) exempts projects where it can be seen with certainty that there is no possibility the activities may have a significant effect on the environment. The project is limited to the lease amendment. Plans for redevelopment of this site are underway. Future redevelopment of the site will undergo a separate evaluation for compliance with CEQA and approval by the District and the City of Campbell. NEXT STEPS Upon approval by the Board of Directors, staff would continue working to secure the building permits for the new South Area Office to proceed with construction, which is scheduled for summer of 2019. In the event that the South Area Office project becomes further delayed, and in order to secure an income stream while the District completes final plans, permitting, and the bidding process to R-18-109 Page 3 construct site improvements, the resolution authorizes the General Manager to extend the lease and modify the monthly lease payments during such extension period, provided that such changes to the lease are reported back to the Board. Attachments: 1. Resolution Authorizing Lease Amendment, Authorizing General Manager or Other Officer to Execute Lease Amendment, Authorizing General Manager to Execute any and all Other Documents Necessary or Appropriate to Execution of the Transaction and Authorizing the General Manager to Make Further Property Management Decisions about the Subject Property 2. Location Maps Responsible Department Manager: Michael Williams, Real Property Manager Prepared by: Allen Ishibashi, Senior Real Property Agent Graphics prepared by: Nathan Greig, GIS Technician Attachment 1 Resolutions/2018/R-18-__240CristichLaneLeaseAmd 1 RESOLUTION 18-__ RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING AMENDMENT TO LEASE AGREEMENT, AUTHORIZING GENERAL MANAGER OR OTHER APPROPRIATE OFFICER TO EXECUTE LEASE AMENDMENT AND ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO COMPLETE THE TRANSACTION AND AUTHORIZING THE GENERAL MANAGER TO MAKE FURTHER PROPERTY MANAGEMENT DECISIONS ABOUT THE SUBJECT PROPERTY (240 CRISTICH LANE, CAMPBELL, CA) WHEREAS, the Board of Directors (“Board”) approved the October 2, 2017 purchase of the property at 240 Cristich Lane, Campbell, California, and the lease back of the property to its occupants for twelve (12) months, through September 2018; and WHEREAS, the Board wishes to extend the term of the lease, in order to secure an income stream while the District moves forward with final plans, permitting, and the bidding process to complete site improvements and repurpose the property as a new South Area Field Office. Now, therefore, the Board of Directors of Midpeninsula Regional Open Space District does hereby resolve as follows: SECTION ONE. The Board of Directors of Midpeninsula Regional Open Space District (District) does hereby authorize the lease amendment between Avalon Transportation, LLC, and the Midpeninsula Regional Open Space District, a copy of which lease amendment is attached hereto and by reference made a part hereof, and authorizes the President of the Board of Directors, General Manager, or other appropriate officer, to execute the Agreement and all related documents on behalf of the District to lease the real property described therein (“Subject Property”). SECTION TWO. The General Manager is further authorized, consistent with the purposes described herein, to make property management decisions for the Subject Property, such as extend the lease term as is reasonable and appropriate. The General Manager is authorized to modify the monthly lease payments during such extension period in order to secure an income stream while the District prepares to implement site improvements, provided that any further changes to the lease are reported to the Board as soon as practicable. SECTION THREE. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents, which do not involve any material change to any term of the Agreement or documents, which are necessary or appropriate to complete or implement this transaction. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Attachment 1 Resolutions/2018/R-18-__240CristichLaneLeaseAmd 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 Midpeninsula Regional Open Space District (MROSD) March 2017 Pa t h : G : \ P r o j e c t s \ a _ D i s t r i c t w i d e \ S A O \ P r o p e r t y P u r c h a s e \ 2 4 0 C r i s t i c h L a n e \ S A O _ P o t e n t i a l P r o p _ 2 4 0 C r i s t i c h _ A e r i a l _ 2 0 1 7 0 3 0 3 . m x d Cr e a t e d B y : t r o b i n s o n 0 0.20.1 MilesI While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features. 240 Cristich Lane, Campbell, CA 95008 240 Cristich Lane ÄÆ17 ÄÆ17 SBascom Ave Crsitich Ln E M c Glinc y L n Wi n c h e s t e r B l v d U n i o n A v e C ur tner Ave San Th o m a s E x p y Attachment 2 R-18-101 Meeting 18-34 September 26, 2018 AGENDA ITEM 7 AGENDA ITEM Right of Way Contract to exchange interests in real property between the California Department of Transportation (Caltrans) and Midpeninsula Regional Open Space District (District) to receive an easement for the Ravenswood Bay Trail Connection Project near Ravenswood Open Space Preserve in exchange for a drainage easement conveyed to Caltrans at Thornewood Open Space Preserve (portion of San Mateo County APN 075-123-080). Unanimous vote from all seven Board of Directors is required. GENERAL MANAGER’S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in the report. 2. By a unanimous vote of the Board of Directors, adopt a resolution authorizing the Right of Way Exchange Contract between the District and Caltrans. 3. Amend the Comprehensive Use and Management Plan for Ravenswood Open Space Preserve to include the exchanged interest in real property. 4. Withhold dedication of the Exchange Property as public open space at this time. SUMMARY The General Manager recommends entering into a Right of Way Exchange Contract with Caltrans for an exchange of easement rights that provides net benefits to both agencies. The exchange will expand the easement area required by Caltrans to maintain drainage improvements to Highway 84 at the boundary of Thornewood Open Space Preserve. Concurrently, the District will secure property rights necessary to construct the Ravenswood Bay Trail Connection project at Ravenswood Open Space Preserve to close a critical gap in the San Francisco Bay Trail (Bay Trail) (Attachment 2). This exchange of easement rights will be at no cost to the District. The following report presents a description of the proposed exchange in real property interests, an amendment to the Preserve’s Comprehensive Use and Management Plan, the environmental review findings, and terms. BACKGROUND Intense storm activity in the winter of 2016 led to a partial road failure on Highway 84 adjacent to Thornewood Open Space Preserve near the Town of Woodside, which Caltrans repaired in the spring of 2018. The road failure site was located four miles south of the Town of Woodside at R-18-101 Page 2 Post Mark 16.3, on the west side of Highway 84 (see attachment 3). The repairs included installation of two extended drainage structures and a new retaining wall to support the partially failed roadway. These repairs required work that extends beyond the existing road easement and into lands owned by the District at Thornewood Open Space Preserve. In order to fast track the repairs, the District and Caltrans entered into a Right of Entry agreement in December of 2017. Caltrans will be responsible for the maintenance and repair of the drainage structures on District land. The Right of Entry agreement requires Caltrans to return to the District upon completion of the repair project to obtain a permanent easement for the drainage and safety improvements. The District’s property is dedicated as public open space as part of the 87-acre former Sierra Club property gift in 1978 (R-78-35). California Public Resources Code (PRC) prohibits the District from transferring or selling dedicated open space property. However, under PRC Section 5540.5, the Board may unanimously vote to exchange an interest in real property that is dedicated as public open space for an interest in real property that is determined to be of equal or greater value. Caltrans and the District propose to exchange the drainage easement at Thornewood Open Space Preserve for a trail easement to facilitate completion of the Ravenswood Bay Trail Connection Project at Ravenswood Open Space Preserve. The exchange complies with PRC Section 5540.5 because the easement to be conveyed is of equal or greater value. The easement to be conveyed to the District will be used for park purposes and become part of the Bay Trail at Ravenswood Open Space Preserve (see attachment 4). The trail easement will improve the connection between the Bay Trail easement granted to the District by the City and County of San Francisco (see report R-16-146) and the existing Bay Trail along University Avenue to close a gap in an otherwise continuous 80-mile Bay Trail corridor. Descriptions of Exchange Properties Caltrans to District: Under the Right of Way Exchange Contract, Caltrans would convey a trail easement to the District over a key portion of land (approximately 822 square feet) near University Avenue along the alignment of the Ravenswood Bay Trail in Menlo Park. District to Caltrans: Under the Right of Way Exchange Contract, the District would convey a right of way easement to Caltrans for drainage improvements serving Highway 84. The drainage easement contains approximately 526 square feet of area. USE AND MANAGEMENT Amended Use and Management Plan The Board adopted a Comprehensive Use and Management Plan for Ravenswood Open Space Preserve on April 5, 1990 (R-90-53). Most recently, it was amended on November 16, 2016 (R- 16-29) to include the Ravenswood Bay Trail easement acquired by the District from the City and County of San Francisco to facilitate Bay Trail connections. Acquisition of the easement from Caltrans represents a further addition. Amendment of the Comprehensive Use and Management Plan to incorporate the easement from Caltrans would take effect at the close of escrow and remain effective until further amended. The amendment to the Comprehensive Use and Management Plan includes the following elements: R-18-101 Page 3 Name: Designate the easement acquired from Caltrans as an addition to Ravenswood Open Space Preserve. Public Access: Keep the easement area closed to public use until a trail is built. Signs and Site Security: Include a sign plan with final trail design and engineering plans for Board consideration at a future date. Easement Monitoring: Conduct regular inspections of the easement area to ensure compliance with the terms of the exchange. Site Safety Inspection: No known safety hazards exist within the easement area. Dedication: Withhold Board dedication of the public trail easement for public open space purposes until a trail is constructed and opened to the public as part of the San Francisco Bay Trail. Subsequent Planning: Include in subsequent Bay Trail planning efforts. TERMS AND CONDITIONS As part of the proposed Right of Way Exchange Contract, the District and Caltrans agree to convey the easements to each other at no cost to either party. The easement exchange is of equal or greater value to the District and the public it serves. Therefore, the exchange is determined to be in accordance with the District’s enabling legislation set out in PRC Section 5540.5, pending unanimous vote by the Board. FISCAL IMPACT This reciprocal no-cost exchange of easements will have no fiscal impact on the District. BOARD COMMITTEE REVIEW This item was not previously reviewed by a Board Committee. PUBLIC NOTICE Property owners of land located adjacent to or surrounding the project site have been mailed a copy of the agenda for this meeting. Accordingly, all notice required by the Brown Act and District policy has been provided. CEQA COMPLIANCE Project Description The project consists of the approval of a Right of Way Exchange Contract between the District and Caltrans to exchange interests in real property in compliance with PRC Section 5540.5. Per the terms and conditions of the Right of Way Exchange Contract, the District will convey a R-18-101 Page 4 permanent drainage easement totaling approximately 526 square feet at Thornewood Open Space Preserve to Caltrans. In exchange, Caltrans will convey to the District trail access rights totaling approximately 822 square feet over a portion of property at the intersection of University Avenue and a San Francisco Public Utilities Commission Access Road in the City of Menlo Park The easement to be conveyed to the District is of equal or greater value and will be used for park purposes to further the implementation of the District’s Ravenswood Bay Trail Connection project. The project also includes an amendment of the Ravenswood Open Space Preserve Comprehensive Use and Management Plan to include the easement. CEQA Determination The District concludes that the project will not have a significant impact on the environment. The project is categorically exempt from the California Environmental Quality Act (CEQA) under Article 19, Section 15325 (f): acquisition, sale, or other transfer to preserve open space or lands for park purposes. The Right of Way Exchange Contract with Caltrans is a transfer, which serves park purposes, and is not anticipated to result in an impact on the environment NEXT STEPS Upon approval by the Board of Directors, the General Manager will direct staff to execute the terms of the Right of Way Exchange Contract and take the next steps identified in the Comprehensive Use and Management Plan. The District’s Foothills Field Office will assume patrol and management of the trail as an addition to Ravenswood Open Space Preserve. Attachments: 1. Resolution Authorizing Acceptance of Right of Way Contract Authorizing General Manager or Other Officer to Execute Certificate of Acceptance of Grant to District, District Grant of Drainage Easement, Authorizing General Manager or General Manager’s designee to Execute any and all Other Documents Necessary or Appropriate to Closing of the Transaction (Thornewood Open Space Preserve – California Department of Transportation). 2. Overall Project Location Map 3. Thornewood Location Map 4. Ravenswood Location Map Responsible Department Manager: Michael Williams, Real Property Manager Prepared by: Iain Reilly, Real Property Agent II Graphics prepared by: Tad Hammer, Data Administration Attachment 1 Resolutions/2018/R-18-__Caltrans Exchange 1 RESOLUTION NO. 18-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF RIGHT OF WAY EXCHANGE CONTRACT, AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE EASEMENT DEEDS, AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AUTHORIZING GENERAL MANAGER AND GENERAL COUNSEL TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (RAVENSWOOD AND THORNEWOOD OPEN SPACE PRESERVES - CALIFORNIA DEPARTMENT OF TRANSPORTATION). The Board of Directors of Midpeninsula Regional Open Space District does hereby resolve as follows: SECTION ONE. The Board of Directors of the Midpeninsula Regional Open Space District (District) does hereby accept the offer contained in that certain Right of Way Exchange Contract (Agreement) between the California Department of Transportation (State) and the District, a copy of which Agreement is attached hereto and by reference made a part hereof, and authorizes the President of the Board of Directors, General Manager, or other appropriate officer to execute the Agreement and all related transactional documents on behalf of the District to acquire the real property described therein. SECTION TWO. The General Manager, President of the Board of Directors, or other appropriate officer is authorized to execute the easement deeds to the District and State. SECTION THREE. The General Manager, President of the Board of Directors, or other appropriate officer is authorized to execute a Certificate of Acceptance for the easement to the District. SECTION FOUR. The General Manager or the General Manager’s designee is authorized to provide notice of acceptance to the State, execute all title and escrow documents, and to extend escrow if necessary. SECTION FIVE. The Board of Directors finds and determines that, pursuant to Section 5540.5 of the California Public Resources Code, the granting and acceptance of the easement interests are consistent with Public Resources Code 5540.5, and that the real properties being acquired by the District are of equal or greater value than the real property being transferred to the State, and are necessary to be acquired for open space purposes. SECTION SIX. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents, which do not involve any material change to any term of the Agreement or documents, which are necessary or appropriate to the closing or implementation of this transaction. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Attachment 1 Resolutions/2018/R-18-__Caltrans Exchange 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 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ÄÆ84 EL CORTE DE MADERA CREEK OPEN SPACE PRESERVE LA HONDA CREEK OPEN SPACE PRESERVE PULGAS RIDGE OPEN SPACE PRESERVE RAVENSWOOD OPEN SPACE PRESERVE TEAGUE HILL OPEN SPACE PRESERVE THORNEWOOD OPEN SPACE PRESERVE B a rr o n C r e e k Hale Creek Permanente Cree k B u l l R u n C reek A d obe Cre ek S a u s a l C r e e k W e s t U n i o n Creek Cordiller a s C r e e k Dee r C r e e kLosTrancos C r e e k M a t a d e r o Ck. C o r t e M a d era C re e k M c Ga rv e y G ulch S q u e a ler G u l c h S an F r a n c i s quito C r eek A l a m b i que Creek B e a r C r e ek Shoreline Lake Slough Bear Gulch Reservoir Lagunita Searsville Lake Felt Lake San Francisco Bay Mud San Francisco Bay Midpeninsula Regional Open Space District (MROSD) August 2018 Proposed Hwy 84 MROSD/Caltrans Easement Exchange Pa t h : G : \ P r o j e c t s \ R a v e n s w o o d \ B a y _ T r a i l _ E a s e m e n t \ C a l T r a n s H w y 8 4 _ E a s e m e n t O v e r v i e w _ 2 0 1 8 0 8 . m x d Cr e a t e d B y : t h a m m e r 0 10.5 MilesI MROSD Preserves Private Property While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features. Paved Road Proposed MROSD To Caltrans Easement Area of Detail Half Moon Bay Redwood City Los Altos Mountain View Palo Alto ÄÆ84 ÄÆ82 ÄÆ84 ÄÆ35 ÄÆ1 ÄÆ280 ÄÆ92 ÄÆ101 ÄÆ85 ÄÆ35 Other Protected Lands Highway Proposed Caltrans to MROSD Easement Attachment 2 !P !P !P !P !P ÄÆ84 ÄÆ84 ÄÆ35 Por t o l a R d Alambiqu e C r e e k Dennis Martin Creek Den nis M a r t i n C r e e k B r i dle T r a il Schilling Lak e T r a i l AlambiqueTrail TW01 TW01a Schilling Lake THORNEWOOD OPEN SPACE PRESERVE W U N D E R L I C H PA R K J A S P E R R I D G E R E S E R V E Midpeninsula Regional Open Space District (MROSD) August 2018 Proposed Hwy 84 MROSD to Caltrans Right of Way Easement Pa t h : G : \ P r o j e c t s \ T h o r n e w o o d \ H w y 8 4 _ R i g h t O f E n t r y \ T W _ C a l T r a n s H w y 8 4 _ E a s e m e n t E x c _ 2 0 1 8 0 8 . m x d Cr e a t e d B y : t h a m m e r 0 1,000500 FeetI MROSD Preserves Private Property While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features. Parking LotPaved Road Proposed MROSD To Caltrans Easement Area of Detail Half Moon Bay Redwood City Los Altos Mountain View Palo Alto ÄÆ84 ÄÆ82 ÄÆ84 ÄÆ9ÄÆ236 ÄÆ35 ÄÆ1 ÄÆ280 ÄÆ92 ÄÆ101 ÄÆ1 ÄÆ85 ÄÆ35 Other Protected Lands Trail Unmaintained Road Width Minor Unpaved Road Highway !P Gate (#) Attachment 3 ÄÆ84 Go n z a g a S t Fo r d h a m S t Illi n o i s S t Tulane A v e Purd u e A v e Stev e n s A v e Purd u e A v e Notre Dame Ave Rutg e r s St O 'b r i e n D r Hamilton Ave Ge o r g e t o w n S t Ta r a S t Xavier St Adams Ct Ad a m s D r Hamilton C t HunterSt O'brien Dr ÄÆ84 Midpeninsula Regional Open Space District (MROSD) August 2018 Proposed Caltrans to MROSD Trail Easement Pa t h : G : \ P r o j e c t s \ R a v e n s w o o d \ B a y _ T r a i l _ E a s e m e n t \ R W _ C a l T r a n s T o M R O S D _ E a s e m e n t _ 2 0 1 8 0 8 . m x d Cr e a t e d B y : t h a m m e r 0 1,000500 FeetI MROSD Preserves While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features. Other Protected Lands Other Public Agency Existing Bay Trail Wetland Proposed Trail Centerline Area of Detail Los Altos Mountain View ÄÆ84 ÄÆ82 ÄÆ84 ÄÆ35 ÄÆ280 ÄÆ101 ÄÆ85 East Palo Alto Proposed Caltrans to MROSD Easement City & County of San Francisco Easement Proposed Bay Trail Connection Attachment 4 R-18-110 Meeting 18-34 September 26, 2018 AGENDA ITEM 8 AGENDA ITEM Approval of a Memorandum of Understanding with Midpeninsula Regional Open Space District Field Employees Association and Approval of Salary and Benefits Adjustments for the Office, Supervisory, and Management Employees GENERAL MANAGER’S RECOMMENDATIONS 1. Adopt a resolution approving the Memorandum of Understanding with the Midpeninsula Regional Open Space District Field Employees Association, for a term of July 1, 2018, through June 30, 2021. 2. Adopt a resolution approving salary and benefit adjustments for the Office, Supervisory, and Management employees, effective July 2, 2018. 3. Approve a corresponding update to the Fiscal Year 2018-19 Classification and Compensation Plan. SUMMARY A new Memorandum of Understanding (MOU) between the Field Employees Association (FEA) and Midpeninsula Regional Open Space District (District) has been negotiated for a three-year term expiring June 30, 2021. The provisions of the new MOU were ratified by FEA membership on August 27, 2018. The provisions agreed to during negotiations achieve a new level of cooperative interests between the District and the FEA. The new MOU is clearer and more concise in its language, which will help reduce misinterpretations between the parties. It is also current with applicable state and federal law, and contains an economic package for the FEA that is competitive and in alignment with Board Policy 2.03 Employee Compensation Guiding Principles. The General Manager recommends approval of the new MOU by adoption of the attached resolution, and updating the Fiscal Year (FY) 2018-19 Classification and Compensation Plan to reflect the changes. Additionally, the General Manager recommends applying the same retroactive start date of July 2, 2018 for salary adjustments that are in the MOU to the Office, Supervisory, and Management (OSM) employees. On August 8, 2018, the Board approved a salary increase for the OSM employees to be effective in the pay period during which the Board approved the resolution. The retroactive start date would therefore apply to the two prior pay periods for OSM employees. At the August 8, 2018 Board meeting, the Board also approved medical benefits adjustments for OSM employees to be applied January 1, 2019 (described as calendar year 2019 adjustments in the MOU). The General Manager also recommends applying the calendar year 2020 and 2021 benefit adjustments that are in the MOU for the OSM employees. The recommended adjustments to the OSM employees will maintain District-wide alignment within the compensation plan. R-18-110 Page 2 DISCUSSION Background The FEA is the exclusive labor relations bargaining representative for the District’s Open Space Technicians, Lead Open Space Technicians, Equipment Mechanic Operators, Farm Maintenance Worker, Volunteer Program Leads, Rangers, and Lead Rangers. On July 22, 2015, the District approved a three-year contract with the FEA (R-15-110), which expired on June 30, 2018. The District and the FEA entered into contract negotiations in April 2018. The FEA’s negotiating team was comprised of Tim Cantillon, Labor Representative from Goyette and Associates; Warren Jenkins, FEA Board President and Equipment Mechanic Operator; Marianne Chance, Ranger; Alex Hapke, Lead Ranger; and Steve Davison, Lead Open Space Technician. The District’s negotiating team included Jack Hughes, labor attorney from Liebert, Cassidy and Whitmore; Hilary Stevenson, General Counsel; Stefan Jaskulak, Chief Financial Officer/Director of Administrative Services; Brian Malone, Acting Assistant General Manager; and Candice Basnight, Human Resources Manager. The District and the FEA negotiating teams successfully reached tentative agreement on the proposed three-year MOU on August 22, 2018. The tentative agreement was ratified by a FEA majority on August 27, 2018. In the past, the Board has approved the same economic changes for the Office, Supervisory and Management employees as for the FEA. The General Manager recommends continuing this practice for the next three years to maintain District-wide alignment within the compensation plan and to administer benefits consistently. One difference is that the FEA positions will receive a market adjustment in addition to the annual salary increase of 3% in the first year of the contract, while OSM positions will only receive the 3% salary increase annually. The OSM positions receive no additional market adjustment because the District continuously re-evaluates compensation for OSM positions for recruitment purposes and department restructuring. Additionally, many OSM classifications have received market adjustments while FEA positions remained static during the previous three-year contract. The recommended salary adjustments for OSM employees would be retroactive to July 2, 2018. The OSM employees would receive the same annual salary and benefits adjustments as the FEA. Compensation for the three Board Appointees is considered separately as part of their annual contract renewal process. Summary of New MOU for FEA and Changes for OSM Employees Attachment 3 provides a detailed list of negotiated provisions in the FEA MOU. The MOU language is attached to the resolution in Attachment 1. Economic changes for OSM employees are detailed in the exhibit to the resolution provided in Attachment 2. The economic package for the FEA and OSM employees, as well as other important negotiated agreements with the FEA is summarized below. Salary Adjustments The following salary increases will be effective at the beginning of the pay period, which includes each specified effective date. R-18-110 Page 3 • Year 1: All FEA classifications move up one range (approximately 2.5%) except for the Volunteer Program Lead, which shall move up two ranges (approximately 5.0%) After the classes move, the 3.0% salary adjustment increase listed in the next bullet item will be applied. The pay period begins on July 2, 2018. • Year 1: 3.0% salary adjustment upon ratification and board approval, for all FEA (represented) employees and OSM (non-represented) employees. • Year 2: 3% increase effective July 1, 2019, for all FEA (represented) employees and OSM (non-represented) employees • Year 3: 3% increase effective July 1, 2020, for all FEA (represented) employees and OSM (non-represented) employees Medical Benefits 1. The District’s contribution towards the cafeteria plan for calendar year 2019 shall be: If the employee selects a plan with a greater premium cost than the District contribution, the employee will pay the additional premium cost. 2. District contributions for health benefits for calendar year 2020 shall be: Employee Only: up to $35.00 per month (4.0%) increase up to the Kaiser Employee Only monthly premium. Employee Plus One: up to $60.00 per month (4.0%) increase up to the Kaiser Employee Plus One monthly premium. Employee Plus Two or More: up to $80.00 per month (4.0%) increase up to the Kaiser Family monthly premium. 3. District contributions for health benefits for calendar year 2021 shall be: Employee Only: up to $35.00 per month (4.0%) increase up to the Kaiser Employee Only monthly premium. Employee Plus One: up to $60.00 per month (4.0%) increase up to the Kaiser Employee Plus One monthly premium. Employee Plus Two or More: up to $80.00 per month (4.0%) increase up to the Kaiser Family monthly premium. Other Provisions – The new MOU includes additional negotiated changes or edits. As summarized in Attachment 3, many of these are minor, yet important language clarifications that will help prevent future confusion regarding interpretation of the MOU and ensure compliance with state and/or federal law. Other agreements were negotiated based on cooperative interests between the FEA and the District. The list below highlights some of these changes to the MOU: Current Contribution (per month) New Contribution Employee Only $859 $860 (+$0.67) Employee + 1 $1,458.74 $1,560 (+101.26) Family $1,819.44 $2,020 (+200.56) R-18-110 Page 4 • Transition of the Facilities Maintenance Specialist position into the FEA: Management approved the addition of the Facilities Maintenance Specialist to the FEA membership. The new MOU reflects this change. • Biological Monitor Stipend. The FEA proposed and the Management approved a 5% stipend to be provided to employees that perform duties as biological monitors outside of their current job classification. Approval for acting assignment time shall be made by the Area Manager or Area Superintendent. The stipend will be paid only during the time qualified employees are actively performing biological monitoring duties. • Vacation Requests: The FEA proposed and Management approved that submitted vacation requests that are available on the guaranteed calendar shall be considered guaranteed. Employees may submit requests for vacations after December 1, at least ninety (90) days before the requested vacation time. These requests shall be reviewed on a first-come, first-served basis. If there are no conflicting vacation requests, the request shall be guaranteed. BOARD COMMITTEE REVIEW This item was not previously reviewed by a Board Committee. Negotiating authority was provided by the full Board to the General Manager in closed sessions during the course of negotiations. FISCAL IMPACT Approval of the MOU with the FEA, and implementation of compensation changes for both FEA and OSM employees, is estimated to cost the District up to $2.3 million over the next three years based on current staffing levels. A breakdown of the estimated costs is provided in the chart below. Budget is available for the proposed salary and benefits adjustments in the FY2018-19 Budget. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. CEQA COMPLIANCE No compliance is required as this action is not a project under the California Environmental Quality Act (CEQA). FY2018-19 FY2019-20 FY2020-21 Base Salary FY2019 CPI Increase 624,000$ 642,720$ 662,002$ Medical Insurance 71,476$ 114,616$ 86,280$ FEA Step Adjustment 120,000$ Total Increases 815,476$ 757,336$ 748,282$ 20,800,000$ R-18-110 Page 5 NEXT STEPS Pending Board approval, the General Manager will direct staff to: 1. Enter salary changes into the payroll system with an effective date of July 2, 2018, and benefits changes as of the first full pay period that includes January 1, 2019. 2. Revise the District’s Personnel Policies and Procedures Manual to implement changes affecting all District staff, including OSM (and Board Appointees, where applicable). 3. Create a work plan with timelines for all follow-up actions triggered by approval of the MOU. Attachments: 1. Resolution Approving the Memorandum of Understanding between the Midpeninsula Regional Open Space District and Midpeninsula Regional Open Space District Field Employees Association 2. Resolution Approving Adjustments to the Salaries, Benefits and Terms and Conditions of Employment for the Office, Supervisory and Management Employees of the District 3. Summary of Proposed Changes for FEA 4. Resolution Amending the Classification & Compensation Plan 5. Memorandum of Understanding with Field Employees Association Responsible Manager: Stefan Jaskulak, Chief Financial Officer/Director of Administrative Services Prepared by: Candice Basnight, Human Resources Manager Alicia Gonzales, Human Resources Supervisor Contact person: Candice Basnight, Human Resources Manager Attachment 1 Resolutions/2018/-__Approve FEA MOU 1 RESOLUTION NO. 18-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FIELD EMPLOYEES ASSOCIATION WHEREAS, Midpeninsula Regional Open Space District Field Employees Association (FEA) is the exclusively recognized employee organization for the Midpeninsula Regional Open Space District’s (District) Open Space Technicians, Lead Open Space Technicians, Rangers, Lead Rangers, Equipment Mechanic-Operators, Farm Maintenance Worker, Volunteer Program Lead; and Facilities Maintenance Specialist; and WHEREAS, pursuant to California Government Code Section 3500 et seq., representatives of the District and the FEA have completed negotiations for a Memorandum of Understanding (MOU) for a term of July 1, 2018 through June 31, 2021; and WHEREAS, on August 27, 2018 the bargaining unit represented by the FEA ratified the MOU; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby approve the Memorandum of Understanding between Midpeninsula Regional Open Space District and Midpeninsula Regional Open Space District Field Employees Association for a term of July 1, 2018 through June 31, 2021, a copy of which is attached hereto and by reference made a part hereof. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on September 26, 2018, at a Regular Meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Secretary Board of Directors President Board of Directors Attachment 1 Resolutions/2018/-__Approve FEA MOU 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 Midpeninsula Regional Open Space District and Midpeninsula Regional Open Space District Field Employees Association July 1, 2018 – June 30, 2021 Memorandum of Understanding (MOU) Exhibit A MOU July 1, 2018 to June 30, 2021 ii TABLE OF CONTENTS ARTICLE 1- PREAMBLE ........................................................................................................................................ 1 ARTICLE 2 - ASSOCIATION RECOGNITION/SECURITY .............................................................................. 1 SECTION 2.1 - RECOGNITION....................................................................................................................................................... 1 SECTION 2.2 - ASSOCIATION SECURITY ...................................................................................................................................... 1 A. New Hires ................................................................................................................................................. 1 SECTION 2.3 - NOTICE OF CHANGES ........................................................................................................................................... 1 SECTION 2.4 - FEA REPRESENTATIVE/RELEASE TIME ................................................................................................................ 1 SECTION 2.5 - ASSOCIATION NOTICES AND ACTIVITIES ............................................................................................................. 2 A. Bulletin Boards.......................................................................................................................................... 2 B. Communication ......................................................................................................................................... 2 C. Visit by Field Representative .................................................................................................................... 2 D. Board Meeting Agendas ............................................................................................................................ 2 E. Flex Schedule to Attend Board Meetings .................................................................................................. 2 SECTION 2.6 - HOLD HARMLESS ................................................................................................................................................. 2 SECTION 2.7 - SAFETY COMMITTEE ............................................................................................................................................ 2 SECTION 2.8 - HOUSING ...................................................................................................... ERROR! BOOKMARK NOT DEFINED. ARTICLE 3 - NO DISCRIMINATION .................................................................................................................... 3 ARTICLE 4 - DISTRICT RIGHTS .......................................................................................................................... 3 ARTICLE 5 - SCHEDULES, OVERTIME AND CALL-BACK TIME ............................................................... 3 SECTION 5.1 - OVERTIME ............................................................................................................................................................ 3 A. Work Period .............................................................................................................................................. 3 B. Overtime.................................................................................................................................................... 3 C. Compensatory Time Off............................................................................................................................ 4 SECTION 5.2 - CALL-BACK TIME ................................................................................................................................................ 4 A. Rest Breaks ............................................................................................................................................... 4 B. Meal Period ............................................................................................................................................... 4 C. Minimum Call-Back .................................................................................................................................. 4 SECTION 5.3 - ALTERNATE WORK SCHEDULES ........................................................................................................................... 4 A. 9/80 Maintenance Schedule ...................................................................................................................... 4 B. 4/10 Maintenance Schedule ...................................................................................................................... 5 C. 9/80 Ranger/Lead Ranger Schedule .......................................................................................................... 5 D. 4/10 Ranger/Lead Ranger Schedule .......................................................................................................... 6 SECTION 5.4 - PAID MEAL PERIODS ............................................................................................................................................ 6 SECTION 5.5 - COURT APPEARANCES AND COURT STANDBY STATUS ........................................................................................ 6 A. Court Appearances .................................................................................................................................... 7 B. Court Standby ........................................................................................................................................... 7 ARTICLE 6 - WORKERS’ COMPENSATION/ DISABILITY COVERAGE/MODIFIED DUTY .................. 7 SECTION 6.1 - INDUSTRIAL INJURY/WORKERS’ COMPENSATION BENEFITS ................................................................................ 7 SECTION 6.2 – MODIFIED DUTY .................................................................................................................................................. 7 ARTICLE 7 - COMPENSATION AND BENEFITS .............................................................................................. 8 SECTION 7.1 - COMPENSATION ................................................................................................................................................... 8 SECTION 7.2 - BENEFITS ............................................................................................................................................................. 8 A. Medical Insurance ..................................................................................................................................... 8 B. Cafeteria Plan ............................................................................................................................................ 8 C. Dental Insurance........................................................................................................................................ 9 D. Vision Care ............................................................................................................................................. 10 E. Basic Life Insurance and Accidental Death and Dismemberment (AD&D) ........................................... 10 F. Optional Supplemental Life Insurance Benefits ...................................................................................... 10 G. Part-Time Employees .............................................................................................................................. 10 H. State Disability Insurance (SDI) ............................................................................................................. 10 I. Employee Assistance Program (EAP) ..................................................................................................... 10 J. Long-Term Disability Plan (LTD) .......................................................................................................... 11 K. Retirement ............................................................................................................................................... 11 Exhibit A MOU July 1, 2018 to June 30, 2021 iii L. Dependent Care and Medical Expense Reimbursement .......................................................................... 11 M. Retiree Medical Coverage ....................................................................................................................... 11 SECTION 7.3 - PROMOTIONAL COMPENSATION ......................................................................................................................... 11 SECTION 7.4 - ACTING APPOINTMENTS ..................................................................................................................................... 11 SECTION 7.5 - NIGHT-SHIFT DIFFERENTIAL .............................................................................................................................. 12 SECTION 7.6 - SPLIT-SHIFT DIFFERENTIAL ............................................................................................................................... 12 SECTION 7.7 - SHIFT CHANGE DIFFERENTIAL ........................................................................................................................... 12 SECTION 7.8 - PAYCHECKS ....................................................................................................................................................... 12 SECTION 7.9 - COMMERCIAL DRIVER’S LICENSE DIFFERENTIAL FOR OPEN SPACE TECHNICIAN AND LEAD OPEN SPACE TECHNICIAN ............................................................................................................................................................................. 12 SECTION 7.10 - FIELD TRAINING OFFICER (FTO) ..................................................................................................................... 12 SECTION 7.11 - MEDICAL TRAINER ........................................................................................................................................... 13 SECTION 7.12 - LONGEVITY PAY PROGRAM ............................................................................................................................. 13 ARTICLE 8 - EVALUATIONS AND MERIT PAY ............................................................................................. 13 SECTION 8.1 - GENERAL EVALUATION PROCEDURES ................................................................................................................ 13 SECTION 8.2 - SCHEDULE OF EVALUATIONS ............................................................................................................................. 14 A. Probationary Employees ......................................................................................................................... 14 B. Regular Employees ................................................................................................................................. 14 SECTION 8.3 – ANNUAL PERFORMANCE EVALUATIONS FOR REGULAR EMPLOYEES: ............................................................... 15 OVERALL RATINGS/MERIT INCREASES ..................................................................................................................................... 15 A. Meets Standard ........................................................................................................................................ 15 B. Below Standard ....................................................................................................................................... 15 SECTION 8.4 - APPEAL PROCEDURE .......................................................................................................................................... 16 SECTION 8.5 - REMEDIATION PROCESS ..................................................................................................................................... 16 ARTICLE 9 - UNIFORMS ...................................................................................................................................... 17 SECTION 9.1 - NEW HIRES ........................................................................................................................................................ 17 SECTION 9.2 - ALLOWANCE AMOUNT ....................................................................................................................................... 17 SECTION 9.3 - ELIGIBILITY/PRORATING .................................................................................................................................... 17 SECTION 9.4 - PROVIDED ITEMS (NO COST) .............................................................................................................................. 17 SECTION 9.5 - BOOTS, COVERALLS, RAINCOATS, RAINPANTS .................................................................................................. 17 SECTION 9.6 - BOOT REPLACEMENT ......................................................................................................................................... 17 SECTION 9.7- UNIFORM COMMITTEE ........................................................................................................................................ 18 SECTION 9.8 - INITIAL REGULAR UNIFORM ITEMS PROVIDED NEW EMPLOYEES ...................................................................... 18 ARTICLE 10 - VACATION .................................................................................................................................... 19 SECTION 10.1 - ACCRUAL RATES .............................................................................................................................................. 19 SECTION 10.2 - ACCRUAL LIMITS ............................................................................................................................................. 19 SECTION 10.3 - USAGE .............................................................................................................................................................. 19 A. Increments ............................................................................................................................................... 19 B. Scheduling ............................................................................................................................................... 19 SECTION 10.4 – ANNUAL VACATION CASH-OUT ...................................................................................................................... 20 SECTION 10.5 - CASH-OUT UPON TERMINATION ...................................................................................................................... 20 ARTICLE 11 - HOLIDAYS AND PERSONAL LEAVE ..................................................................................... 20 SECTION 11.1 - HOLIDAYS ........................................................................................................................................................ 20 A. Calendar .................................................................................................................................................. 20 B. Eligibility ................................................................................................................................................ 20 C. Observance .............................................................................................................................................. 20 D. Pro-rating ................................................................................................................................................ 21 E. Holidays During Vacation ....................................................................................................................... 21 F. Holiday Falls on Day Off ........................................................................................................................ 21 G. Work On Holiday - Compensation .......................................................................................................... 21 H. Holiday Bank .......................................................................................................................................... 21 SECTION 11.2 - PERSONAL LEAVE ............................................................................................................................................ 22 A. Amount.................................................................................................................................................... 22 B. Maximum Accruals ................................................................................................................................. 22 C. Pro-rating ................................................................................................................................................ 22 D. Notification and Scheduling .................................................................................................................... 22 Exhibit A MOU July 1, 2018 to June 30, 2021 iv E. Increments ............................................................................................................................................... 22 ARTICLE 12 - LEAVES OF ABSENCE WITH PAY .......................................................................................... 23 SECTION 12.1 - SICK LEAVE ..................................................................................................................................................... 23 A. Accrual .................................................................................................................................................... 23 B. Usage ....................................................................................................................................................... 23 C. Reporting ................................................................................................................................................. 23 D. Ill on Holiday .......................................................................................................................................... 24 E. Ill on Vacation ......................................................................................................................................... 24 F. Integration ............................................................................................................................................... 24 G. Physician Statement ................................................................................................................................ 24 H. Exhaustion of Sick Leave ........................................................................................................................ 24 I. Sick Leave Conversion Program ............................................................................................................. 24 J. Abuse of Sick Leave ............................................................................................................................... 25 K. Performance Evaluation Standard ........................................................................................................... 25 SECTION 12.2 - BEREAVEMENT LEAVE ..................................................................................................................................... 25 SECTION 12.3 - WITNESS OR JURY DUTY LEAVE ...................................................................................................................... 25 SECTION 12.4 - MILITARY LEAVE ............................................................................................................................................. 25 SECTION 12.5 - CATASTROPHIC LEAVE..................................................................................................................................... 26 SECTION 12.6 - ADMINISTRATIVE LEAVE ................................................................................................................................. 26 ARTICLE 13 - FAMILY MEDICAL LEAVES AND LEAVES WITHOUT PAY ............................................ 26 SECTION 13.1 - GENERAL LEAVE .............................................................................................................................................. 26 A. Duration .................................................................................................................................................. 26 B. Request .................................................................................................................................................... 26 C. Benefit Premiums .................................................................................................................................... 26 D. Parental Leave ......................................................................................................................................... 26 E. Adjustment of Anniversary Date/Vacation Accrual/Seniority ................................................................ 27 ARTICLE 14 - TUITION REIMBURSEMENT ................................................................................................... 27 SECTION 14.1 - PREAMBLE ....................................................................................................................................................... 27 SECTION 14.2 - APPROVAL ....................................................................................................................................................... 27 SECTION 14.3 - REIMBURSEMENT ............................................................................................................................................. 27 ARTICLE 15 - GRIEVANCE PROCEDURE ....................................................................................................... 27 SECTION 15.1 - DEFINITIONS .................................................................................................................................................... 27 SECTION 15.2 – GENERAL PROCEDURES ................................................................................................................................... 28 SECTION 15.3 - STEP I ............................................................................................................................................................... 29 SECTION 15.4 - STEP II ............................................................................................................................................................. 29 SECTION 15.5 - STEP III ............................................................................................................................................................ 29 SECTION 15.6 - STEP IV ............................................................................................................................................................ 30 SECTION 15.7 - STEP V ............................................................................................................................................................. 30 ARTICLE 16 - LAYOFFS ....................................................................................................................................... 31 SECTION 16.1 - SENIORITY DEFINED ......................................................................................................................................... 31 SECTION 16.2 - CONSIDERATION OF LAYOFF - NOTICE TO ASSOCIATION ................................................................................. 31 SECTION 16.3 - ORDER OF LAYOFF ........................................................................................................................................... 31 SECTION 16.4 - NOTICE TO EMPLOYEES.................................................................................................................................... 31 SECTION 16.5 - ALTERNATIVES TO LAYOFF .............................................................................................................................. 32 A. Claim Vacancies...................................................................................................................................... 32 B. Displacement ........................................................................................................................................... 32 C. Rate of Pay .............................................................................................................................................. 32 SECTION 16.6 - RE-EMPLOYMENT LISTS ................................................................................................................................... 32 SECTION 16.7 - RIGHTS RESTORED ........................................................................................................................................... 32 ARTICLE 17 - DISCIPLINARY PROCEDURE .................................................................................................. 32 SECTION 17.1 - PREAMBLE ....................................................................................................................................................... 32 SECTION 17.2 - PRINCIPLES AND PROCEDURES ......................................................................................................................... 32 SECTION 17.3 - GROUNDS FOR DISCIPLINE ............................................................................................................................... 33 SECTION 17.4 - WARNING TYPES OF DISCIPLINE ...................................................................................................................... 33 A. Oral Warning ........................................................................................................................................... 33 Exhibit A MOU July 1, 2018 to June 30, 2021 v B. Written Warning...................................................................................................................................... 34 C. Reprimand ............................................................................................................................................... 34 SECTION 17.5 - PROPERTY LOSS DISCIPLINE ............................................................................................................................ 34 A. Suspension .............................................................................................................................................. 35 B. Demotion ................................................................................................................................................. 35 C. Discharge ................................................................................................................................................ 35 SECTION 17.6 - APPEAL ............................................................................................................................................................ 35 SECTION 17.7 - NOTICE OF INVESTIGATION .............................................................................................................................. 35 SECTION 17.8 - NOTICE OF INTENT TO IMPOSE DISCIPLINE ...................................................................................................... 35 SECTION 17.9 - ELECTRONIC RECORDING ................................................................................................................................. 36 ARTICLE 18 - PROBATIONARY PERIOD......................................................................................................... 36 SECTION 18.1 - LENGTH OF PROBATION ................................................................................................................................... 36 A. Initial Hires ............................................................................................................................................. 36 B. Promotional Appointments ..................................................................................................................... 36 SECTION 18.2 - EXTENSION OF PROBATION .............................................................................................................................. 36 SECTION 18.3 - REJECTION FROM ORIGINAL PROBATION ......................................................................................................... 37 SECTION 18.4 - REJECTION FROM PROMOTIONAL PROBATION ................................................................................................. 37 ARTICLE 19 - CONTRACTING OUT .................................................................................................................. 37 ARTICLE 20 - NO STRIKES/LOCKOUTS .......................................................................................................... 37 ARTICLE 21 - EFFECT OF AGREEMENT ........................................................................................................ 37 ARTICLE 22 - SAVINGS CLAUSE ....................................................................................................................... 38 ARTICLE 23 - TERM OF AGREEMENT ............................................................................................................ 38 SIGNATURE PAGE ................................................................................................................................................ 39 APPENDIX A - DISTRICT SALARY RANGES EFFECTIVE 7/1/15 ................................................................. I APPENDIX B - CATASTROPHIC LEAVE PROGRAM ..................................................................................... II Exhibit A MOU July 1, 2018 to June 30, 2021 1 ARTICLE 1- PREAMBLE This Memorandum of Understanding (hereinafter, "Agreement" or “MOU”) is entered into by the Midpeninsula Regional Open Space District, a public agency, (hereinafter, "District") and Association the Midpeninsula Regional Open Space District Field Employees Association (hereinafter, “Association”). This Memorandum of Understanding incorporates by this reference all appendices attached. ARTICLE 2 - ASSOCIATION RECOGNITION/SECURITY SECTION 2.1 - RECOGNITION The Midpeninsula Regional Open Space District recognizes the Midpeninsula Regional Open Space District Field Employees Association as exclusive bargaining representative for all employees in the classifications of Ranger/Lead Ranger, Lead Open Space Technician, Open Space Technician, Equipment Mechanic Operator, Volunteer Program Lead, Farm Maintenance Worker, Facilities Maintenance Specialist, and any other classification that the District adds to the bargaining unit. Existing job classifications may be retitled but are nonetheless represented by the bargaining unit unless expressly removed by the District. SECTION 2.2 - ASSOCIATION SECURITY A. New Hires When a person is hired in any of the covered job classifications, the District shall notify that person that the Association is the recognized bargaining representative for the employee's representation unit and give the employee a current copy of the MOU. Once the Association notifies the District of the bi-weekly dues amount, that amount will remain the same and may only be changed once annually thereafter. SECTION 2.3 - NOTICE OF CHANGES The Association shall be informed reasonably in advance in writing by the District before any proposed changes not covered by this Agreement are made in benefits, working conditions or other terms and conditions of employment which require negotiations under applicable labor relations law. SECTION 2.4 - FEA REPRESENTATIVE/RELEASE TIME The Association shall notify the District of the names of FEA Board Officers within ten (10) working days of the final election results. The bargaining unit will receive reasonable amounts of release time, with forty eight (48) hours’ prior notification to and approval from the Department Manager and notification to their Supervisor and Human Resources Manager, from their duties, with no loss of pay or benefits. The Association and District will make every effort to schedule meetings at times, dates, and locations that would minimize any adverse impact on District operations. Up to four (4) Association Representatives may be released for purposes of collective bargaining for a new labor agreement. Up to three (3) Association Representatives may be released for purposes of negotiating over any other matter within the scope of representation that requires negotiation. The number of employees released for handling grievances or disciplines shall not exceed one (1) at any time. Exhibit A MOU July 1, 2018 to June 30, 2021 2 SECTION 2.5 - ASSOCIATION NOTICES AND ACTIVITIES A. Bulletin Boards The District agrees to provide bulletin board space for Association notices at all field offices. If the Association posts any material which the District deems inappropriate, the Association agrees to meet to discuss the challenged material within 48 hours (excluding holidays and weekends) of notice from the District. All material posted shall not be obscene and shall not constitute harassment, discrimination or retaliation based on a legally protected status. The Human Resources Manager or his/her designee reserves the right to remove any material posted in violation of this section if the Association refuses to remove the material on its own. B. Communication The Association may distribute information and material to and receive information and material from employees through normal channels. For purposes of this Section, normal channels shall refer to the District's Pony system, e-mail, facsimile machine and telephone. C. Visit by Field Representative The Association Labor Representative may have access to unit employees at either field office (Skyline and Foothills). The Labor Representative shall be allowed reasonable contact with employees, provided such contact does not interfere with employees' work. Pre-arrangement for contact with unit members shall be made with the Department Manager. D. Board Meeting Agendas The District shall provide the Association with agendas for Regular and Special Meetings of the Board of Directors and packet materials at no charge. The District shall also provide the Association with agendas for the Board of Directors Legislative, Finance, and Public Affairs committee meetings. Agendas shall be e-mailed to the Association’s designated representative prior to the respective Board meetings. E. Flex Schedule to Attend Board Meetings The District agrees, with at least 48 hours prior notice, to allow flex scheduling for one member of the unit, without impact to work duties and responsibilities, to attend public Board meetings of the Midpeninsula Regional Open Space District, (including public standing committee meetings), which are scheduled during an interested employee’s regularly scheduled work hours, as long as minimum staffing requirements are met. The Association agrees that the District will not pay any split shift differentials as a result of flex scheduling under this provision. SECTION 2.6 - HOLD HARMLESS The Association hereby agrees to defend, indemnify and hold harmless the District and its officers and employees from any claim, loss, liability or cause of action of any nature whatsoever arising out of operation of this Article. SECTION 2.7 - SAFETY COMMITTEE The bargaining unit shall choose three (3) field staff representatives for the District safety committee. The representatives shall come from the bargaining unit at large, except at least one (1) shall come from each geographical area. When there are two (2) from the same geographical area, they must be from different classifications. (For purposes of this section, Open Space Technician, Lead Open Space Technician, Equipment Mechanic-Operator, Volunteer Program Lead, Facilities Maintenance Specialist, and Farm Maintenance Worker are considered one classification.) Exhibit A MOU July 1, 2018 to June 30, 2021 3 ARTICLE 3 - NO DISCRIMINATION All employees must comply with the District’s Nondiscrimination and Sexual Harassment Policy and applicable Federal and California laws. ARTICLE 4 - DISTRICT RIGHTS Except as expressly limited by this Agreement, and as thereafter amended or modified, it is understood and agreed by the Association that the District retains all of its powers to direct, manage and control the affairs of the District to the full extent of the law. Included in, but not limited to, those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of services to be provided and the methods and means of providing them; establish District policies, goals and objectives; maintain the efficiency of District operations; acquire District property; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; and contract out work. In addition, the District retains the right to hire, classify, assign, evaluate, promote, terminate and discipline employees. ARTICLE 5 - SCHEDULES, OVERTIME AND CALL-BACK TIME SECTION 5.1 - OVERTIME A. Work Period The work period for employees shall be regular and recurring, commencing at 12:00 a.m. on Monday and ending at 11:59 p.m. on Sunday, unless an alternative work schedule necessitates a different work period to prevent schedules from creating overtime. Except for emergency or other situations declared by an Area Superintendent, Area Manager or any District Manager, the following shall apply: 1. Rangers/Lead Rangers shall be assigned to a work schedule of either a) five (5) days per week, eight (8) continuous hours per day with two (2) consecutive days off or b) an alternate work schedule as defined below in Section 5.3. 2. Open Space Technicians/Lead Open Space Technicians/Equipment Mechanic- Operators/Farm Maintenance Workers/Volunteer Program Lead/Facilities Maintenance Specialist shall generally be assigned to a work schedule of either a) five (5) days per week, of eight (8) continuous hours each with two (2) consecutive days off or b) an alternate work schedule as defined below in Section 5.3. B. Overtime Overtime shall be defined as that time authorized and actually worked by an employee in excess of the scheduled workday or in excess of forty (40) hours within the work period, exclusive of a non- paid meal period. Overtime work may be ordered or authorized by a District Manager, Area Superintendent, Area Manager, or the employee’s immediate supervisor. Any hours in paid District status will count as "hours worked" for purposes of determining overtime. Employees shall be compensated at the rate of one-and-one-half (1 ½) times the employee's regular hourly rate of pay for hours worked in excess of the scheduled workday or forty (40) hours in the work period. This Section shall not apply to part-time employees unless the workday exceeds eight (8) hours, or the scheduled work day, whichever is greater. Exhibit A MOU July 1, 2018 to June 30, 2021 4 C. Compensatory Time Off Employees may request compensatory time off (CTO) in lieu of overtime pay. Use of CTO shall be approved in advance by the supervisor. CTO shall be computed at a rate of one and one-half (1 ½) times the overtime hours worked. The request for CTO shall be made when the employee submits his/her time card. Employees may accumulate up to thirty-three and one-third (33 1/3) hours of extra hours (50 hours of CTO). Once the cap is reached, employees shall be paid for all overtime worked. Employees may cash out all or a portion of their accumulated CTO at any time. The request must be made in writing and submitted with the employee time card. The District may elect to pay probationary employees overtime pay in lieu of CTO accrual for overtime work as a result of training. SECTION 5.2 - CALL-BACK TIME Employees on call-back time away from their residences are entitled to rest breaks and meal periods as follows: A. Rest Breaks After two (2) consecutive hours the employee is entitled to a ten (10)-minute paid rest break. B. Meal Period After four (4) consecutive hours, the employee is entitled to a thirty (30)-minute meal period. The meal period may be paid or unpaid on the same basis as meal periods during the regular shift. C. Minimum Call-Back Any employee not residing in District housing, called back to work from his/her residence outside of his/her regular work hours, will receive a minimum of three (3) hours of call-back time paid at time and one-half (1½) commencing upon arrival at the employee’s work station. A total of one (1) hour of commute time, to and from the employees work station, shall be provided for and included in the (3) hour minimum call-back time. Any employee residing in District housing, called back to work from his/her residence outside of his/her regular work hours, will receive a minimum of one (1) hour of call-back time paid at time and one-half (1½) commencing upon logging-on to dispatch. SECTION 5.3 - ALTERNATE WORK SCHEDULES The District will generally make available alternate work schedules in each geographical area subject to the guidelines below. The District reserves the right to revert to a 5/8 schedule, and to make work period and work schedule adjustments any time up to the start of each workweek to address the business needs of the District, including, but not limited to, unplanned staff shortages, volunteer projects, special events, training, special work assignments, and other project staffing needs. A. 9/80 Maintenance Schedule 1. The 9/80 schedule will be the regular year round schedule assigned to all OST/LOST/EMO/VPL positions in each geographical area. Exhibit A MOU July 1, 2018 to June 30, 2021 5 2. A 9/80 schedule will normally alternate between a week of five (5) consecutive work days, consisting of one eight (8) hour workday and four nine (9) hour days, followed by three (3) consecutive days off and a week of four (4) consecutive nine (9) hour workdays each, followed by two (2) consecutive days off. The Fair Labor Standards Act work week for the 9/80 schedule begins at the midway point on the day of the week that is opposite the day off. No employee on a 9/80 alternative work schedule is entitled to daily overtime as a result of working the scheduled hours in his or her alternate schedule. B. 4/10 Maintenance Schedule 1. The District may assign employees in OST, LOST, Facilities Maintenance Specialist, and/or EMO positions to a 4/10 work schedule. 2. An employee assigned to a 4/10 schedule will normally work the same days each week followed by three (3) consecutive days-off. No employee on a 4/10 alternative work schedule is entitled to daily overtime as a result of working the hours associated with that schedule. C. 9/80 Ranger/Lead Ranger Schedule 1. The 9/80 schedule opportunity will be available to Rangers/Lead Rangers and will be routed between Rangers/Lead Rangers who are qualified to participate in the program based on seniority within the same field office and the groups sharing common days-off. By December 1, each group of Rangers/Lead Rangers sharing common days off shall meet and alternately select, based on seniority, a four (4) week scheduling period. In the event there are four-week schedules remaining after the initial selection process, the remaining schedules will be made available to other qualified members of the group based upon seniority, rotating until all available pay periods have been filled. Requests may be canceled prior to the fifth Friday of the preceding schedule, except for the final schedule of the calendar year for which an earlier cancellation deadline shall be set. Canceled or otherwise available 9/80 schedules will be assigned on a rotating basis to qualified Rangers/Lead Rangers who have expressed interest prior to the fifth Friday of the preceding schedule. 2. The 9/80 schedule for Rangers/Lead Rangers will be rotated on a scheduling cycle per each change of staff. A 9/80 schedule will normally alternate between a week of five (5) consecutive work days, consisting of one day of eight (8) hours and four days of nine (9) hours, followed by three (3) consecutive days off and a week of four (4) consecutive work days of nine (9) hours each, followed by two (2) consecutive days off. The Fair Labor Standards Act work week for the 9/80 schedule begins at the midway point on the day of the week that is opposite the day off. No employee on a 9/80 alternative work schedule is entitled to daily overtime as a result of working the scheduled hours in his or her alternate schedule. 3. A maximum of two Rangers/Lead Rangers from each geographical team can be scheduled on an alternate 9/80-schedule program if the team has at least four (4) full-time-equivalent (FTE) rangers working independently. If the team has only three FTE rangers, then only one (1) staff member for that team can have the 9/80 schedule. If the Ranger/Lead Ranger team has less than three FTE team members available to work an alternate schedule as a Exhibit A MOU July 1, 2018 to June 30, 2021 6 ranger, then the 9/80 schedule will be discontinued. Staffing requirements will continue to be a priority over alternate scheduling. 4. The 9/80 schedules will not be altered to accommodate vacation requests, other than guaranteed vacations. The eight-hour day will be a weekend day. D. Additional Ranger/Lead Ranger 9/80 Schedules 1. The District may assign Rangers/Lead Rangers to additional 9/80 work schedules. The District will normally rotate such assignments based on seniority. Assignments will typically be for a four (4) week block. 2. An employee assigned to a 9/80 schedule will normally alternate between a week of five (5) consecutive work days, consisting of one day of eight (8) hours and four days of nine (9) hours, followed by three (3) consecutive days off and a week of four (4) consecutive work days of nine (9) hours each, followed by two (2) consecutive days off. The Fair Labor Standards Act work week for the 9/80 scheduled begins at the midway point on the day of the week that is opposite the day off. No employee on a 9/80 alternative work schedule is entitled to daily overtime as a result of working the scheduled hours in his or her alternative schedule. 3. Staffing requirements will continue to be a priority over alternate scheduling. E. 4/10 Ranger/Lead Ranger Schedule 1. The District may assign Rangers/Lead Rangers to a 4/10 work schedule. The District will normally assign Rangers/Lead Rangers with the highest seniority to this schedule. 2. An employee assigned to a 4/10 schedule will normally work four consecutive days followed by three (3) consecutive days-off. No employee on a 4/10 alternative work schedule is entitled to daily overtime as a result of working the hours associated with that schedule. 3. The 4/10 schedule will not be altered to accommodate vacation requests, other than guaranteed vacations. Staffing requirements will continue to be a priority over alternate scheduling. SECTION 5.4 - PAID MEAL PERIODS 1. Rangers/Lead Rangers shall receive a thirty (30) minute paid meal period if: 1) assigned to a patrol shift; 2) assigned to a volunteer project; or 3) responsible for monitoring the radio to respond to emergencies during full day trainings or events. 2. Maintenance staff and VPL’s who are assigned to work a volunteer project for a minimum of four (4) hours in a work day, inclusive of the employee’s normal lunch hour, shall be entitled to a thirty (30) minute paid meal period. SECTION 5.5 - COURT APPEARANCES AND COURT STANDBY STATUS Exhibit A MOU July 1, 2018 to June 30, 2021 7 A. Court Appearances An employee who is required to appear in court, outside of his/her regular work hours, as a witness in a matter involving the employee which occurred in the course of his/her District duties, will receive a minimum of two (2) hours of callback time paid at time and one-half (1½), as long as the court appearance does not overlap with his/her scheduled shift. B. Court Standby An employee who is placed by the court on standby outside of his/her regular work hours as a witness in a matter involving the employee which occurred in the course of his/her District duties, if not in conflict with the instructions of the court, may choose to report to work or remain available to the court away from work. Employees who choose to report to work will receive a minimum of two (2) hours standby time, paid at time and one-half (1½), provided the court appearance does not overlap with his/her scheduled shift. An employee who chooses to remain available to the court away from work will receive compensation of one-half (½) of their hourly rate of pay for a minimum of two (2) hours, provided the court standby does not overlap with his/her scheduled shift or any other on-duty work time. ARTICLE 6 - WORKERS’ COMPENSATION/ DISABILITY COVERAGE/MODIFIED DUTY SECTION 6.1 - INDUSTRIAL INJURY/WORKERS’ COMPENSATION BENEFITS If, during the performance of assigned duties, an on-duty employee sustains an on-the-job injury covered by Workers’ Compensation, the District shall augment Workers’ Compensation, long-term disability, and other benefits in order to provide for full pay for the disabled employee up to a maximum of ninety (90) days in a twelve month period without use of the employee's accrued leave time, except that the employee must use accrued leave time to cover the three (3) day waiting period for Workers’ Compensation temporary disability payments, unless the employee is hospitalized as an inpatient or unable to work more than fourteen (14) days. Employee disability coverage will also apply to follow-up medical appointments that occur during work time as a result of an industrial illness or injury covered by Workers’ Compensation. The employee must notify the supervisor of all such medical appointments that occur during work time in the same manner as Section 12.1.C. Sick Leave Reporting. Employee disability coverage will not be provided if the District offers the employee a modified duty assignment within the employee's medical limitations and the employee declines the modified duty assignment. SECTION 6.2 – MODIFIED DUTY In cases of injury or illness, including pregnancy, an employee may return to work for modified duty upon approval of District administration and in consultation with the employee's treating physician. The employee shall receive his/her regular rate of pay during the modified duty. Approval for modified duty shall be based upon the District's ability to provide work consistent with the employee's qualifications, medical limitations, and the length of time of the limitations. The District may consult a physician in determining the employee’s work limitations. If there is disagreement between the employee's doctor and the District's doctor, the District may seek a second opinion from its doctor or seek a third doctor's opinion. Modified duty requests shall be made to the employee's immediate supervisor with appropriate documentation from the treating physician specifying the nature and duration of the work limitations. The supervisor shall review the request and the documentation for completeness and immediately forward them to the Area Superintendent or Area Exhibit A MOU July 1, 2018 to June 30, 2021 8 Manager. The Area Superintendent or Area Manager shall then consult with the Human Resources Department and shall determine if appropriate work is available at the employee’s workstation before assigning the employee to another workstation. However, employees on modified duty must be willing to accept any modified duty assignment, schedule and/or work location within the District. The decision of the District with respect to modified duty assignments, schedule or work location is final. The duration of the modified duty assignment is subject to the needs of the District. The provisions of this section are not intended to create any permanent modified duty assignment. If there are more employees who could accept modified duty than there are assignments, and the employees are comparably qualified, preference will go to those injured on the job. The District will make every reasonable effort to accommodate injured employees and offer a modified duty assignment. ARTICLE 7 - COMPENSATION AND BENEFITS SECTION 7.1 - COMPENSATION The salary adjustments referred to in this section shall be effective at the beginning of the pay period which includes each specified effective date. 1. Upon ratification and Board approval of this MOU: • All classifications move up one range (approximately 2.5%) except for the Volunteer Program Lead, which shall move up two ranges (approximately 5.0%). After the classes move the number of ranges cited above, all ranges will be increased by 3.0%. These changes shall take effect the first full pay period in July 2018; 2. 3.0% increase for all represented employees effective the pay period including July 1, 2019. 3. 3.0% increase for all represented employees effective the pay period including July 1, 2020. SECTION 7.2 - BENEFITS A. Medical Insurance The District participates in the CalPERS Health Insurance Program, which offers a choice of several medical plans available to District employees The District will continue to contribute $350.00* per month toward the cost of medical insurance for regular, full time employees. (*See Section B. below.) B. Cafeteria Plan The District will continue to provide a Section 125 Cafeteria Plan that employees may use to pay for the cost of medical, dental, and vision insurance as well as Dependent Care and Medical Reimbursements on a pretax basis. The District will provide a contribution into the Cafeteria Plan sufficient to pay for dental and vision insurance, plus an additional amount toward medical insurance as described below. The Cafeteria Plan contribution will be adjusted as described below. 1. District contributions for health benefits for calendar year 2019 shall be: Employee Only: $860.00 per month (+$0.67) Employee Plus One: $1,560.00 (+101.26) Exhibit A MOU July 1, 2018 to June 30, 2021 9 Employee Plus Two or More: $2,020 (+200.56) If the employee selects a plan with a greater premium cost than the District contribution, the employee will pay the additional premium cost. 2. District contributions for health benefits for calendar year 2020 shall be: Employee Only: up to $35.00 per month (4.0%) increase up to the Kaiser Employee Only monthly premium. Employee Plus One: up to $60.00 per month (4.0%) increase up to the Kaiser Employee Plus One monthly premium. Employee Plus Two or More: up to $80.00 per month (4.0%) increase up to the Kaiser Family monthly premium. 3. District contributions for health benefits for calendar year 2021 shall be: Employee Only: up to $35.00 per month (4.0%) increase up to the Kaiser Employee Only monthly premium. Employee Plus One: up to $60.00 per month (4.0%) increase up to the Kaiser Employee Plus One monthly premium. Employee Plus Two or More: up to $80.00 per month (4.0%) increase up to the Kaiser Family monthly premium. 4. Cash Back: In the event CalPERS offers a medical insurance plan with lower premiums than the District contribution, an employee selecting such a plan will have contributions remaining in the Cafeteria Plan and may apply the remaining contribution to other qualified benefit costs, or receive the difference in cash. 5. Waiver: If an employee provides evidence (e.g. insurance ID card) that he/she is covered under a non-District medical plan, he/she may elect to waive such coverage through the District. Employees waiving medical coverage will receive contributions under the Cafeteria Plan equivalent to one-half of the District Employee Only contribution, and may elect to apply such contribution toward other qualified benefit costs or receive the difference in cash. 6. If the District determines, before or during any Cafeteria Plan year, that the Cafeteria Plan may fail to satisfy any requirements of the Internal Revenue Code for such plan year, the District shall take such action as the District deems appropriate and necessary to ensure that the Cafeteria Plan satisfies the requirements of the IRS Code. C. Dental Insurance For the term of the Agreement, the District will continue to make available the Delta Dental Plan that is provided to the District as a subgroup of Santa Clara County. The District will provide a similar plan if the Delta Dental Plan becomes unavailable, and will meet and confer with the bargaining unit if such replacement plan is needed. The District will pay the full premium cost of the dental plan coverage for employees and dependents as a contribution to the Cafeteria Plan. If an employee is currently covered under a non-District provided dental plan, basically equivalent to that provided by the District, the employee may elect to waive such coverage through the District. Exhibit A MOU July 1, 2018 to June 30, 2021 10 An employee who elects to waive dental coverage will receive the cash equivalent of one-half (½) of the dental premium, and may elect to use it for other benefit costs or receive it in cash. The District agrees to provide same-sex domestic partner coverage in the plan listed above, if the plan allows for the domestic partner’s enrollment. D. Vision Care For the term of the Agreement, the District will continue to make available the Vision Service Plan as provided to the District as a subgroup of Santa Clara County. The District will provide a similar plan if the Vision Service Plan becomes unavailable, and will meet and confer with the bargaining unit if such replacement plan is needed. The District will pay the full premium cost of the vision plan coverage for employees and dependents as a contribution to the Cafeteria Plan. An employee may elect to waive vision plan coverage through the District. An employee who elects to waive vision coverage may elect to apply the full amount of the vision plan premium toward other benefit costs or receive it in cash. The District agrees to provide same-sex domestic partner coverage in the plan listed above, if the plan allows for the domestic partner’s enrollment. E. Basic Life Insurance and Accidental Death and Dismemberment (AD&D) The District agrees to continue to provide basic group term life and AD&D insurance coverage equivalent to two times (2X) the employee’s annual salary up to a maximum benefit of $350,000. Employee life insurance amounts over $50,000 are subject to annual tax withholding. Note: the two times (2x) the employee’s annual salary may be subject to benefit reductions required by the carrier for employees age 70 and older. The District also agrees to continue to provide a separate group term life insurance benefit in a flat amount of $25,000. F. Optional Supplemental Life Insurance Benefits The District agrees to continue to provide employees the option of electing Supplemental Life Insurance at the employee’s cost. G. Part-Time Employees Medical, dental, vision and basic life insurance benefits for regular part-time (one-half time or greater) employees shall be provided on a pro-rata basis unless greater employer contributions are required by law. H. State Disability Insurance (SDI) For the term of this Agreement, the District agrees to continue payroll deduction of State Disability Insurance premiums for all employees. I. Employee Assistance Program (EAP) The District shall enroll all bargaining unit employees in an Employee Assistance Program and shall pay the full cost of the program. Exhibit A MOU July 1, 2018 to June 30, 2021 11 J. Long-Term Disability Plan (LTD) For the term of the Agreement, the District agrees to continue the current level of benefits of the Long-Term Disability Plan. Employees will pay the premium for this coverage. K. Retirement 1. The District contracts with the California Public Employees' Retirement System (CalPERS) to provide pension benefits for full-time employees. The pension formula for “classic” employees is the local Miscellaneous 2.5% at age 55 Retirement Plan. Classic employees pay 8% of pensionable salary to pay the employee CalPERS contribution. The pension formula for “new” employees is the local Miscellaneous 2.0% at age 62 Retirement Plan. New employees pay one-half of the normal cost of their pension plan to pay the employee CalPERS contribution. L. Dependent Care and Medical Expense Reimbursement The District will provide a Dependent Care Plan and Medical Expense Reimbursement Plan in accordance with Internal Revenue Code Section 125. Such plans enable employees to pay for dependent care and unreimbursed medical, dental, or other health care expenses on a pre-tax basis. M. Retiree Medical Coverage An employee who retires from the District and who begins receiving CalPERS retirement benefits within one hundred twenty (120) days of separation from District employment will be eligible to continue his/her CalPERS medical plan coverage during retirement. The District will continue to contribute Three Hundred Fifty Dollars ($350.00) per month toward the cost of such employee’s retiree medical plan premium. SECTION 7.3 - PROMOTIONAL COMPENSATION An employee promoted to a class having a higher salary range shall be appointed at the beginning of the salary range of the new class or receive an adjustment equivalent to five (5) percent above the employee's present salary (limited to the top of the new salary range), whichever is greater. In addition, the employee will receive an adjusted merit pay increase (limited to the top of the new salary range) based on the number of months worked since the last annual evaluation in accordance with the following schedule: Months* Worked Since Merit Pay Last Annual Evaluation Increase 1 through 6 months 1 step – 2.5 percent 7 through 12 months 2 steps - 5.0 percent *Month is equivalent to a calendar month irrespective of how many days are in each month. SECTION 7.4 - ACTING APPOINTMENTS An employee appointed by the General Manager to act in the capacity of and to perform the work of a higher classification, normally due to a position vacancy or a temporary absence of an employee due to vacation, illness, or short-term leave, shall be paid at least five (5) percent more than his/her current salary or the minimum salary range assigned to the higher classification, whichever is greater, for a specific period of time designated by the General Manager, as long as the acting appointment exceeds forty (40) consecutive working hours. After the 40-hour threshold, acting pay shall be retroactive to the first day an employee is assigned the higher classification responsibilities. An employee appointed to a supervisory position outside the bargaining unit shall agree to withdraw from any Association representation function, e.g., steward, while in the acting position. Exhibit A MOU July 1, 2018 to June 30, 2021 12 SECTION 7.5 - NIGHT-SHIFT DIFFERENTIAL Employees shall receive a night-shift differential of Three Dollars ($3.00) per hour, paid to employees for each hour worked after 2:00 p.m. when at least four (4) hours of an assigned work schedule or additional work approved by a supervisor occurs after 5:00 p.m. and before 6:00 a.m. SECTION 7.6 - SPLIT-SHIFT DIFFERENTIAL Employees shall receive a differential of Forty Dollars ($40.00) per workday for each split shift actually worked. Differential pay shall be reserved to split shifts required to be worked by the District, not those requested by the employee. SECTION 7.7 - SHIFT CHANGE DIFFERENTIAL Non-emergency – if an employee’s scheduled shift is cancelled or changed by a supervisor without seventy-two (72) hours notice, the affected employee shall be paid Thirty Dollars ($30.00). The shift change differential will be paid on a one-time per continuous days of occurrence. Overtime at the beginning or end of a regularly scheduled shift does not qualify for this shift change differential pay unless the employee was required to attend a training on less than 72 hours’ notice. Emergency – In the event of a “Declaration of an Emergency” by an Area Superintendent, Area Manager or any District Manager requiring a shift change without twenty four (24) hours prior notice, the affected employee shall be paid Thirty Dollars ($30.00). The shift change differential will be paid on a one-time per emergency basis. Notification – the supervisor or manager making the change (non-emergency or emergency) will make every attempt to verbally contact the affected employee in person or by telephone prior to making the shift change. In the event the employee cannot be verbally reached, the supervisor will leave a voice mail message, text message, and e-mail to the extent possible, of the need for a shift change. SECTION 7.8 – PAYCHECKS AND DIRECT DEPOSITS Paychecks and paycheck direct deposits will be available to employees no later than 4:00 p.m. on Friday following the end of the pay period. In the event there is a holiday on Friday in which the District and/or banks are closed, the paychecks and paycheck direct deposits will be available no later than 4:00 p.m. on Thursday. Payments and direct deposits to external parties other than employee paychecks, will be submitted not later than 4:00 p.m. the business day following payday. SECTION 7.9 - COMMERCIAL DRIVER’S LICENSE DIFFERENTIAL FOR OPEN SPACE TECHNICIAN AND LEAD OPEN SPACE TECHNICIAN Open Space Technicians who possess or acquire a valid Class A or Class B license with tanker endorsement and who are willing to use it as directed by the District will receive a one percent (1%) differential in pay. Lead Open Space Technicians who have a valid Class A license and are willing to use it as directed by the District will receive a one percent (1%) differential in pay. All participants shall be part of the Department of Transportation random drug testing program and requirements. Employees participating in this program who are not already licensed will be responsible for acquiring their license on their own time and their own expense. However the District will cover the cost of the required physical, and will assist with the behind-the-wheel driving training and practice. SECTION 7.10 - FIELD TRAINING OFFICER (FTO) A Ranger serving as a “Field Training Officer” shall be paid (5) percent more than his/her current salary for the Exhibit A MOU July 1, 2018 to June 30, 2021 13 time he/she is in this assignment actively training staff or when specifically assigned to be in the FTO role.. Approval for the FTO assignment time shall be made by the Department Manager. SECTION 7.11 - MEDICAL TRAINER An employee acting as a “Medical Trainer” (primarily teaching First Aid, CPR/AED, Blood Borne Pathogens, etc.) will be paid (5) percent more than his/her current salary for the time required to prepare and teach the class. Approval for the acting assignment time shall be made by the Department Manager. SECTION 7.12 - LONGEVITY PAY PROGRAM A field employee, who has worked for the District for a minimum of ten (10) consecutive years and who has no below standard rating in the employee’s performance evaluation for the last year, will be eligible to receive a one percent (1%) lump sum payment of annual salary each year after completion of the annual performance evaluation. This benefit applies to both full-time and part-time District employees. The lump sum payment will not adjust the salary range, will not count toward the calculation of annual salary for the purpose of computing life insurance coverage or long-term disability (LTD) wages, and is not pensionable. SECTION 7.13 – BIOLOGICAL MONITOR An employee acting as a “biological monitor” shall be paid five (5%) percent more than his/her current salary for the time actively performing biological monitoring duties. Approval for acting assignment time shall be made by and Area Manager or Area Superintendent. Time spent in training does not qualify for acting pay. Training on species identification and how to avoid impacts on species and following direction to monitor and avoid impacts to wildlife and plant species is a part of all represented employee job duties and does not constitute an assignment as a biological monitor. To qualify as a biological monitor an employee must first be approved by the Natural Resources Manager or designee. To qualify an employee must have academic and professional experience in biological sciences and related resource management activities as it pertains to project work, experience with construction-level biological monitoring, the ability to recognize species that may be present within a project area, and familiarity with the habits and behavior of those species. ARTICLE 8 - EVALUATIONS AND MERIT PAY SECTION 8.1 - GENERAL EVALUATION PROCEDURES A. Evaluations will normally be done one-on-one, between the employee and his/her immediate supervisor. If the District wants a second supervisor or administrator to take part in a particular evaluation, the employee will have the right to Association representation during the evaluation. B. Employees who have concerns about their evaluation shall have the right to schedule a follow-up meeting, with the immediate supervisor to discuss those concerns. An Association representative from the bargaining unit may accompany the employee. This meeting is informal and does not constitute an appeal. C. The parties agree that any individual rating on an area other than “Meets Standard” requires an entry in the “Comments” section. D. Any “Below Standard” rating in any area must be based upon a violation of an established performance evaluation standard or incidents about which the employee was given notice within 10 Exhibit A MOU July 1, 2018 to June 30, 2021 14 working days after the supervisor became aware that they occurred. The supervisor will make clear to the employee when a notice pursuant to this section is taking place. An Interim Progress Report and Probationary Performance Evaluation may be utilized as a notice pursuant to this section. SECTION 8.2 - SCHEDULE OF EVALUATIONS A. Probationary Employees 1. 12-Month New Hire Probation Newly hired employees shall serve twelve (12) months’ probation and shall receive a Probationary Performance Evaluation from their supervisor at three (3) months of employment, at six (6) months of employment, and at eleven (11) months of employment. An overall “Meets Standard” evaluation at completion of probation will result in an automatic five-percent increase in pay unless the employee has reached the top of his/her salary range. 2. 6-Month Promotional Probation Promoted employees with a six (6) month probation shall receive a Probationary Performance Evaluation from their supervisor at three (3) months of employment in the promotional position and at five (5) months of employment in the promotional position. An overall “Meets Standard” evaluation at their annual evaluation 12 months after promotion and completion of probation will result in an automatic five-percent increase in pay unless the employee has reached the top of his/her salary range. 3. 12-Month Promotional Probation Promoted employees with a twelve (12) month probation shall receive a Probationary Performance Evaluation from their supervisor at six (6) months of employment in the promotional position and at eleven (11) months of employment in the promotional position. An overall “Meets Standard” evaluation at completion of probation will result in an automatic five-percent increase in pay unless the employee has reached the top of his/her salary range. B. Regular Employees 1. Interim Progress Report Regular employees will receive Interim Progress Reports concerning their job performance six (6) months after they have completed initial hire probation and every twelve (12) months thereafter. Interim Progress Reports do not result in merit pay increases. An overall rating of “Below Standard” on an Interim Progress Report will not result in loss of a merit pay increase. After a promotion, the Interim Progress Report for employees on six (6) month promotional probation will be twelve (12) months after they have completed probation and every twelve (12) months thereafter. After a promotion, the Interim Progress Report for employees on twelve (12) month promotional probation will be six (6) months after they have completed probation and every twelve (12) months thereafter. 2. Annual Performance Evaluation Exhibit A MOU July 1, 2018 to June 30, 2021 15 Each year, employees will receive an annual performance evaluation. The evaluative period for annual performance evaluations will start after the completion of initial hire probation and end one year later and every twelve (12) months thereafter. After a promotion, the annual performance evaluation for employees on six (6) month promotional probation will be six (6) months after they have completed probation and every twelve (12) months thereafter. After a promotion, the annual performance evaluation for employees on twelve (12) month promotional probation will be twelve (12) months after they have competed probation and every twelve (12) months thereafter. Employees should receive their evaluation within two (2) weeks after the end of the evaluation period. Evaluations may not be presented prior to the end of the evaluation period unless the employee will be on leave or on days-off through the end of that evaluation period. SECTION 8.3 – ANNUAL PERFORMANCE EVALUATIONS FOR REGULAR EMPLOYEES: OVERALL RATINGS/MERIT INCREASES A. Meets Standard 1. Ranger/Lead Ranger, Equipment Mechanic-Operator, Lead Open Space Technician, and Volunteer Program Lead No more than three (3) areas of performance are rated “Below Standard”. A “Meets Standard” rating will result in an automatic five-percent merit increase, until such time as the employee has reached the top of his/her salary range. 2. Open Space Technician and Farm Maintenance Worker No more than two (2) areas of performance are rated “Below Standard”. A “Meets Standard” rating will result in an automatic five-percent merit increase, until such time as the employee has reached the top of his/her salary range. B. Below Standard 1. Ranger/Lead Ranger, Equipment Mechanic-Operator, Lead Open Space Technician, and Volunteer Program Lead More than three (3) areas of performance are rated “Below Standard”. A “Below Standard” rating will result in no merit pay increase, but shall be subject to the Appeal Procedure (Section 8.4 below) and the Remediation Process (Section 8.5 below). 2. Open Space Technician and Farm Maintenance Worker More than two (2) areas of performance are rated “Below Standard”. A “Below Standard” rating will result in no merit pay increase, but shall be subject to the Appeal Procedure (Section 8.4 below) and the Remediation Process (Section 8.5 below). 3. “Below Standard” ratings in the same area of performance that are consecutive in two (2) Annual Performance Evaluations will result in an Overall Rating of “Below Standard”. Such a “Below Standard” rating will result in no merit pay increase but shall be subject to the Appeal Procedure (Section 8.4 below) and the Remediation Process (Section 8.5 below). Exhibit A MOU July 1, 2018 to June 30, 2021 16 SECTION 8.4 - APPEAL PROCEDURE In the event of an overall “Below Standard” Annual Performance Evaluation (regular employees only), affected employees may appeal the rating using the following procedure. A. Appeals shall be in writing and shall be filed with the Department Manager no later than ten (10) business days after receipt of the evaluation. B. Appeals must be based on the charge that the supervisor abused his/her discretion. "Abuse of discretion" shall mean basing the evaluation on information that is not factual and/or exercising disparate treatment in the evaluation of different employees. C. Within thirty (30) days of receipt, a panel shall convene to consider the appeal. The panel shall consist of (1) the Human Resources Manager; (2) the employee's representative; and (3) the General Manager or his/her designee. D. The decision of a majority of the panel is final. In the event the decision involves changing the overall rating to “Meets Standard”, the automatic five-percent increase shall be effective (retroactive to) the employee's original evaluation date. SECTION 8.5 - REMEDIATION PROCESS In the event of an overall rating of “Below Standard” that is not changed on appeal (see Section 8.4 above), the employee shall be in Remediation. The purposes of Remediation are: 1) to give the employee and the supervisor an opportunity to work together on correcting deficiencies identified in the evaluation and; 2) to give the employee an opportunity to achieve a “Meets Standard” rating. Remediation will include a Plan for Individual Improvement, which will specify areas where improvement in performance is needed. Remediation can include a temporary or permanent change of duty station. Remediation may include more frequent performance reviews to assist the employee in improving performance. The term of the Plan for Individual Improvement shall be concurrent with the period of Remediation. A. The period of Remediation shall be no longer than six (6) months from the original evaluation date. B. Employees on Remediation will be reevaluated at three (3) months and six (6) months (if necessary) following the original “Below Standard” evaluation date. C. If any of the evaluations in "B" above result in a “Meets Standard” overall rating, the employee shall receive a five-percent merit increase, if the employee has not yet reached the top of his/her salary range, effective the date of that evaluation. D. Failure to attain a “Meets Standard” overall rating within the Remediation period may result in disciplinary action pursuant to Article 17. No merit pay increase shall result until the employee attains a “Meets Standard” overall rating. If the employee fails to attain a “Meets Standard” overall rating during Remediation, the employee will not be eligible for a merit pay increase until the employee’s next Annual Performance Evaluation. E. Attaining an Overall Rating of Meets Standard In order to attain an overall rating of “Meets Standard” during Remediation, the following standards will apply: For the classifications of Ranger/Lead Ranger, Equipment Mechanic-Operator, Lead Open Space Technician, and Volunteer Program Lead, no more than three (3) areas of performance are rated “Below Standard”. For the classifications of Open Space Technician and Farm Maintenance Worker, no more than two (2) areas of performance are rated “Below Standard”. For all classifications, if the employee has an overall rating of “Below Standard” as the result of Exhibit A MOU July 1, 2018 to June 30, 2021 17 consecutive “Below Standard” ratings in the same area or areas of performance on two (2) Annual Performance Evaluations, that area or areas of performance must be rated “Meets Standard”. ARTICLE 9 - UNIFORMS SECTION 9.1 - NEW HIRES Newly hired employees in the bargaining unit shall receive their initial regular uniform items from the District at no cost to the employees. For the list of regular uniform items, see Section 9.8. SECTION 9.2 - ALLOWANCE AMOUNT The annual uniform allowance shall be Seven Hundred and Eighty Dollars ($780) which will be evenly distributed twice per month for a total of 24 of the 26 pay periods. SECTION 9.3 - ELIGIBILITY/PRORATING Employees will become eligible to use the uniform allowance at the completion of their probationary period. SECTION 9.4 - PROVIDED ITEMS (NO COST) In addition to the uniform allowance in Section 9.2 above, the District shall continue to provide items it has provided in the past at no cost to the employee. All items covered by this section remain the property of the District and shall be returned to the District upon separation from District employment. SECTION 9.5 - BOOTS, COVERALLS, RAINCOATS, RAINPANTS In addition to Section 9.4 above, the District agrees to provide work boots, coveralls, and adequate rainpants and adequate hooded raincoats to the employees. These items shall be replaced at the request of the employee on approval of their Supervisor. The District agrees to provide toe-protected work boots at employee's request. All items covered by this section, with the exception of work boots and optional raingear purchased all or in part with uniform allowance money, remain the property of the District. SECTION 9.6 - BOOT REPLACEMENT There shall be an option to rebuild rather than replace boots under the following conditions: In the event the Supervisor agrees a pair of boots needs to be replaced, but the boot is not significantly damaged, the Supervisor may opt to have the boots rebuilt instead of replaced; except that this option shall not apply to the first pair of boots any employee seeks to replace under this Article; and a single pair of boots may be rebuilt at the Supervisor's option only once. Employees may opt to rebuild the same pair of boots, without limitation, and pay for the repairs from the uniform allowance. This employee option shall be completely separate and independent from the District's obligation to replace the boots with a new pair. Exhibit A MOU July 1, 2018 to June 30, 2021 18 SECTION 9.7- UNIFORM COMMITTEE The parties agree to establish a joint Uniform Committee, which shall be advisory to the District during the course of the Agreement. Bargaining unit representation on the Committee shall be one (1) Ranger/Lead Ranger and one (1) Lead Open Space Technician/Open Space Technician/Equipment Mechanic-Operator/Farm Maintenance Worker/Volunteer Program Lead of the unit's choice. District representation shall be no more than two (2) members of the Department Manager's choice. The Uniform Committee shall meet quarterly or upon special request to the Department Manager to discuss topics including but not limited to: (a) finding replacements for uniform items no longer available; (b) discussing and evaluating the need for new or modified items; (c) discussing and evaluating modifications in the District's uniform policy; and (d) examining and making recommendations on prototypes of new uniform items. The quarterly meetings may be canceled in the event there is no agenda pertaining to uniform issues. With prior approval from the Department Manager, the District will obtain sample uniform items being considered by the Committee. The role of the Committee is to make recommendations to the Department Manager regarding uniform issues. The Committee's recommendation(s) to the Department Manager and the Department Manager's response to the recommendation(s) shall be in writing. The Association shall receive copies of any such recommendations and, upon request, will be given the opportunity to meet and confer before the District acts upon them. The Department Manager's response to the recommendation shall be provided within thirty (30) days of receipt of the written recommendation of the Uniform Committee. SECTION 9.8 - INITIAL REGULAR UNIFORM ITEMS PROVIDED NEW EMPLOYEES Open Space Technician, Lead Open Space Technician, Equipment Mechanic-Operator, Volunteer Program Lead, and Farm Maintenance Worker 1 tan long sleeve shirt 5 any combination of tan long/short sleeve shirts 1 green maintenance jacket 1 green vest or green fleece jacket 3 pairs green pants 1 pair green hiking shorts 1 cordovan/brown basket weave belt 2 pair socks 1 uniform cap Rangers/Lead Rangers 1 tan long sleeve shirts 5 any combination of tan long/short sleeve shirts 1 green patrol jacket 1 green vest or green fleece jacket 3 pairs green pants 1 pair green hiking shorts 1 cordovan/brown basket-weave belt 2 pair socks 1 uniform cap 1 straw Stratton hat 1 felt Stratton hat 1 hat band, wind strap, and rain cover) Refer to Uniform List for specifications Exhibit A MOU July 1, 2018 to June 30, 2021 19 ARTICLE 10 - VACATION SECTION 10.1 - ACCRUAL RATES A. Bargaining unit members shall accrue fully paid vacation according to the following schedule: Years of Service Accrual per Hour Paid Days/Year (Full-Time)* Hours/Year (Full-Time)* 1 - 9 0.05769 hr 15 120 10 - 14 0.07692 hr 20 160 15 - 19 0.08077 hr 21 168 20 - 24 0.08846 hr 23 184 25+ 0.09615 hr 25 200 * Hours/year for part-time bargaining unit members of one-half time (50%) or greater will be automatically pro-rated to the same percentage as their hours per week bear to 40. Part- time employees of less than half-time (50%) do not accrue paid vacation. B. Temporary (seasonal) employees who provide service to the District in consecutive fiscal years prior to being hired to fill a regular position shall be credited with the service time for vacation accrual purposes only SECTION 10.2 - ACCRUAL LIMITS Bargaining unit members may accrue up to two times (2X) the amount of their annual vacation time. Members who reach this accrual limit will not accrue any additional vacation days unless and until the amount of their accrued vacation time falls below the accrual limit. SECTION 10.3 - USAGE A. Increments Vacation shall be tracked in increments of one-tenth (1/10) of an hour. B. Scheduling For vacations of one (1) regularly scheduled work day or longer, employees shall submit a vacation request by December 1 of the preceding year. No more than one (1) Ranger/Lead Ranger, Lead Open Space Technician (LOST) and Equipment Mechanic Operator (EMO) per calendar day, per Geographical Area, shall be entitled to a guaranteed vacation. No more than two (2) Open Space Technicians (OSTs) per calendar day, per Geographical area shall be entitled to a guaranteed vacation. During each annual vacation calendar request period, each employee will be limited to two (2) vacation request periods based upon seniority for the first go-around, not to exceed his/her annual accrual. Then the calendar will be re-circulated a second time for an additional two (2) vacation requests, and then re-circulated a third time for an additional two (2) vacation requests to be scheduled if scheduling opportunities exist (tied to minimum staffing level requirements). If a vacation request or total amount of time requested is going to exceed an employee’s annual accrual amount, the Area Superintendent or Area Manager must approve such a request. Employees may submit requests for vacations after December 1, at least ninety (90) days before the requested vacation time. These requests shall be reviewed on a first come-first served basis. If there are no "conflicting vacation requests", the request shall be guaranteed. Exhibit A MOU July 1, 2018 to June 30, 2021 20 If unanticipated vacation needs arise during the course of the year, requests shall be submitted no later than the fifth Friday of the current work schedule. Such requests shall be approved based upon operational requirements of the work location and on a first come, first serve basis. Emergency vacation requests, defined as requests that cannot be submitted within the timelines outlined above, will be considered on a case-by-case basis by the employee’s supervisor. Staffing levels will be the primary consideration in approving vacation requests. SECTION 10.4 – ANNUAL VACATION CASH-OUT Employees who have an accrual of a minimum of one hundred twenty (120) hours of vacation in their leave balance on either December 1 or June 1 of each year may elect to cash out up to forty (40) hours of such leave. Such requests must be received in writing by December 15 and/or June 15 of that year. Employees will receive this vacation cash-out on or before December 31 or June 30 of that year. SECTION 10.5 - CASH-OUT UPON TERMINATION Upon termination, regular bargaining unit members shall be compensated at their current hourly rate of pay for any vacation accrued but not used. Terminating members will receive their vacation cash-out with their final paycheck. ARTICLE 11 - HOLIDAYS AND PERSONAL LEAVE SECTION 11.1 - HOLIDAYS A. Calendar The 11.5 paid holidays to be observed each year by the bargaining unit members shall consist of: New Year's Day Martin Luther King Jr. Day President's Day Cesar Chavez Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day after Thanksgiving Last four hours of workday preceding Christmas Day Christmas Day B. Eligibility A unit member who is in paid status during the scheduled shifts before and after the holiday shall be eligible for paid holiday benefits as described in this Article. C. Observance 1. When workers on a 5/40 schedule who work Monday through Friday have a holiday that falls on Saturday, it shall be observed on the preceding Friday and a holiday that falls on Sunday shall be observed on the following Monday. Exhibit A MOU July 1, 2018 to June 30, 2021 21 2. For workers on a 5/40 schedule who work Saturday and Sunday, holidays will be observed on the actual day they occur. 3. Workers on a 9/80 schedule observing a scheduled holiday shall received eight (8) hours of paid holiday time off. The workers shall make up the difference when working a nine (9) hour day from their Holiday Bank, Compensatory Time Off, Personal Leave and/or accrued vacation time off. D. Pro-rating Regular part-time employees of at least one-half (½) time are eligible for the same paid holidays on a pro-rata basis according to the average number of hours they work. E. Holidays During Vacation Holidays which occur during a unit member's vacation shall not be charged against vacation time. F. Holiday Falls on Day Off 1. When a holiday falls on a unit member's day off, the employee shall receive the corresponding number of hours added to the "Holiday Bank." [See Section 11.1(H)] 2. If a holiday falls on a day off for a worker on a 9/80- schedule, eight (8) hours shall have as his/her holiday the Tuesday following a Monday holiday that falls on his/her scheduled day off. G. Work On Holiday - Compensation 1. An employee on a 5/40 schedule who works on a scheduled holiday has two (2) choices for compensation. a. One and one-half (1½) times his/ her normal pay plus the corresponding number of hours added to the "Holiday Bank." [See Section 11.1(H).] b. Two and one-half (2 ½) times his/ her normal pay. 2. Work on Holiday- Compensation. A worker on a 9/80 schedule who works a scheduled holiday may choose either of the two (2) options listed in this section as follows: a. The worker will be paid time and half (11/2) for all hours worked on the day of the holiday; eight (8) hours will be credited to the Holiday Bank. b. The worker will be paid double time and one-half (21/2) for eight (8) hours and times and one-half (1 ½) for hours beyond eight. H. Holiday Bank In the event of a holiday falling on a day off, or a unit member exercising the option described above in Section 11.1 (G)(1)(a) after working a holiday, eight (8) hours (or a pro-rated amount for part- time employees) will be added to the employee's "holiday bank" for use or cash out at a later date. For full-time employees, the appropriate number of hours for the day before Christmas is four (4). The "holiday bank" will be administered according to the following provisions. 1. Time from the holiday bank may be used in one (1) hour increments. 2. Employees may use accumulated holiday time to cover portions of scheduled vacations. Exhibit A MOU July 1, 2018 to June 30, 2021 22 3. Unit members who wish to schedule time off covered by the holiday bank during the course of the year shall submit requests to their supervisor for approval. Such requests shall be approved with due consideration for the desires of the staff and for the requirements of the work location. 4. Any time remaining in the "holiday bank" at the end of the calendar year shall be paid in cash at the current rate of pay on December 31 of such calendar year, subject to subsection (7) below. 5. Unit members who terminate during the calendar year shall be paid for all time remaining in their holiday bank at the current rate of pay. Unit members assigned to work the last four (4) hours of the workday preceding Christmas Day and/or Christmas Day may use in advance (for time off scheduled after December 1) all or part of the hours from these holidays that the unit member elects to add to his or her "holiday bank." Unit members assigned to work the last four (4) hours of the workday preceding Christmas Day and/or Christmas Day or whose regular days off occur on these holidays may convert up to twelve (12) unused holiday hours to vacation. SECTION 11.2 - PERSONAL LEAVE A. Amount Unit employees shall receive thirty two (32) hours of annual Paid Personal Leave time that will accrue and be allocated at the end of each two-week pay period. B. Maximum Accruals Employees may accrue a maximum of thirty two (32) hours of Paid Personal Leave each calendar year. Employees who reach this limit will not accrue any additional Paid Personal Leave unless and until the amount of their accrued Paid Personal Leave falls below this accrual limit. In that event employees shall accrue only the amount of Paid Personal Leave for which they are eligible, sufficient to reach their maximum accrual limit. C. Pro-rating Regular part-time employees of at least one-half (50%) time shall be eligible for a pro-rated number of hours of Paid Personal Leave according to the average number of hours they work. D. Notification and Scheduling With supervisor approval, an employee may use Paid Personal Leave at his/her discretion. Except in emergency situations, employees do not need to give any reasons for use of Paid Personal Leave. E. Increments Paid Personal Leave must be taken in one (1.0) hour minimum increments. Exhibit A MOU July 1, 2018 to June 30, 2021 23 ARTICLE 12 - LEAVES OF ABSENCE WITH PAY SECTION 12.1 - SICK LEAVE A. Accrual All employees shall accrue sick leave with full pay at a rate of 0.04615 hours per hour paid, exclusive of overtime, for a total of ninety six (96) hours per year for full time employees. Sick leave shall accrue from the date of employment and may be accumulated on an unlimited basis. The employee's sick leave balance shall be recorded on his/her paycheck stub. B. Usage 1. Employees are eligible to use sick leave for the following reasons: (a) Personal illness or physical disability. (b) Quarantine by a physician. (c) Illness or disability of an immediate family member or domestic partner requiring the employee to be unavailable for work, subject to Section 4 below. (d) Workers’ Compensation. (e) Health care appointments, including medical, dental, vision, and Employee Assistance Program appointments. (f) To seek a restraining order in the event of domestic violence, sexual assault, and/or stalking. 2. Sick leave for any of the reasons above shall be recorded on the employee's time card and must be used in increments of one (1) hour except for health care appointments. 3. No less than one-half (½) hour of sick leave may be charged for a health care appointment, and sick leave usage over one (1) hour will be computed in tenths of an hour. 4. An employee may use up to eighty (80) hours per calendar year to care for a member of his/her immediate family or his/her domestic partner requiring the employee to be unavailable for work. This eighty (80)-hour limit may be extended by the General Manager on a case-by-case basis for good cause. Immediate family is defined as an employee’s spouse, son, daughter, father, mother, brother, sister, grandmother, grandfather, father-in- law, mother-in-law, and any relative of the employee living in the employee's household. The definitions of these family relations may evolve over time under California law. For purposes of Article 12, the domestic partner of an employee is as defined by California law. C. Reporting 1. Non-Urgent Health Care Appointments: Employees will schedule non-urgent health care appointments in advance and shall notify their immediate supervisor of such appointments as early as possible. If notice to the supervisor occurs seventy two (72) hours or more in advance of the appointment, any disapproval of sick leave time off shall be accompanied by a written statement from the supervisor explaining the reasons. 2. Any employee who is unable to report to work because of any of the reasons in Section 12.1 (B) shall report the reason for absence to his/ her immediate supervisor, or any other supervisor on duty if the immediate supervisor is unavailable. The absence shall be reported by the employee by the designated starting time each day he/she is unable to report to work, unless physically unable to do so. For a prolonged illness, special arrangements regarding notifying a supervisor may be made. Exhibit A MOU July 1, 2018 to June 30, 2021 24 D. Ill on Holiday 1. 5/40 Schedule If an employee is ill on a designated holiday, the holiday shall be charged as holiday time and shall not be charged against sick leave. 2. 9/80 Schedule A worker on an alternate work schedule who is sick on a scheduled holiday shall receive holiday pay for eight (8) hours and may use accumulated sick leave for the remaining hours. E. Ill on Vacation An employee who is injured or who becomes ill while on vacation may petition the Human Resources Manager to be paid for sick leave in lieu of vacation provided that the employee: 1. Was hospitalized during the period for which sick leave is claimed, or 2. Received medical treatment or diagnosis and presents a statement indicating illness or disability signed by a physician covering the period for which sick leave is claimed. Requests for sick leave in lieu of vacation shall be approved if the provision(s) noted above are satisfied. F. Integration Employees eligible for State Disability Insurance or Workers’ Compensation benefits may integrate accrued sick leave and vacation with those benefits in amounts necessary to equal (but not exceed) a full paycheck. During the period of integration, an employee shall remain in paid status, with full benefits, and shall continue to accrue paid vacation and sick leave for the number of paid District hours used for integration. G. Physician Statement An employee absent on paid sick leave five (5) consecutive days or more will be required to submit to his/her immediate supervisor verification from a physician or licensed practitioner of his/her illness or injury and ability to return to work. An employee absent on paid sick leave five (5) consecutive days or more in order to care for an immediate family member or domestic partner under Section 4 will be required to submit to his/her immediate supervisor verification from a physician or licensed practitioner of the family member's or domestic partner's illness or injury. H. Exhaustion of Sick Leave If an employee exhausts his/ her entire bank of accrued sick leave and remains unable to return to work for any of the reasons listed in Section 12.1(B), the employee may request a disability leave of absence without pay subject to Article 13. In the absence of such leave being granted, the absence shall be charged to other accrued leave. I. Sick Leave Conversion Program Upon resignation, separation from service, or retirement from District employment, employees in good standing with ten (10) or more years of District employment shall receive a cash payment of the equivalent cash value of accrued sick leave as follows: Years of employment Percentage of equivalent cash value of accrued sick leave Exhibit A MOU July 1, 2018 to June 30, 2021 25 10-15 20% 16-20 25% 21 or more 30% Retiree Health Savings Account (RHS): Employees eligible for Sick Leave Conversion who were hired on or before June 30, 2006 and retire from the District will receive a cash payment. The cash payment shall be the percentage of the equivalent cash value of accrued sick leave based on years of employment as described above. The remainder of the equivalent cash value of the sick leave will be deposited to the employee’s RHS Account. In all cases, the equivalent cash value of accrued sick leave will be based on current rate of pay as of the date of separation from District employment. Employees hired on or after July 1, 2006 are not eligible for the RHS Account related to the Sick Leave Conversion Program as described above. Employees who were hired on or after July 1, 2006 may be eligible for the Sick Leave Conversion Program as outlined above, and upon retirement from the District may apply the balance of sick leave hours toward CalPERS service credit as governed by CalPERS. J. Abuse of Sick Leave Abuse of the sick leave privileges shall be cause for disciplinary action in accordance with Articles 15 and 17 of the MOU. K. Performance Evaluation Standard When determining whether an employee meets the performance evaluation standard for punctuality and attendance, use of sick leave for an illness or injury covered by Workers' Compensation or other legally regulated use of leave will not be considered. SECTION 12.2 - BEREAVEMENT LEAVE District Personnel Policy and Procedure provides a bereavement leave benefit for all employees. SECTION 12.3 - WITNESS OR JURY DUTY LEAVE A leave of absence with pay will be granted an employee who is called for jury duty, on a scheduled work day, as long as any compensation the employee receives for such duty, except for meal and mileage reimbursements, is signed over to the District. Regularly scheduled work time lost because of such duty shall not affect the employee's accrual of vacation, sick, or personal leave time. If not in conflict with instructions of the court, an employee shall report to work if placed on jury duty telephone standby. In the event the employee is released early from witness or jury duty, employee shall report back to work as long as they can arrive to provide one or more hours of work. In the event the employee is placed on a jury, and the trial is scheduled to go more than one week from the first reporting day for the jury, the District will then adjust the employee’s schedule to coincide with the courts schedule of Monday through Friday from 8 a.m. to 5 p.m. Therefore the District and the Field Employees Association recognize and accept such a shift change may require the change of other represented employees schedules in order to meet established staffing needs. SECTION 12.4 - MILITARY LEAVE An employee who is a member of an active or reserve component of the Armed Forces of the United States, including the National Guard, who is called to active duty or mandatory training, shall be granted military leave in accordance Exhibit A MOU July 1, 2018 to June 30, 2021 26 with all applicable federal and state laws. Such leave shall be granted with pay for a period of up to one (1) month, during which time the employee shall continue to maintain all rights and benefits that accrue from compensated status, including no loss of seniority. Pay received from the government for military service during that month shall be reimbursed to the District. An employee seeking Military Leave shall provide a copy to the District’s Human Resources Department of the employee’s orders from the United States Military directing them to the duty or training for which the employee needs the leave. SECTION 12.5 - CATASTROPHIC LEAVE The District agrees to continue the Catastrophic Leave Program appearing as Appendix B of this agreement. SECTION 12.6 - ADMINISTRATIVE LEAVE The District may place an employee on paid administrative leave at any time for any lawful reason. During the period the employee is on administrative leave with pay, the employee shall remain in paid status and shall continue to accrue vacation, sick leave, personal leave, and holiday benefits, and other applicable benefits as provided by Article 7 herein. ARTICLE 13 - FAMILY MEDICAL LEAVES AND LEAVES WITHOUT PAY In accordance with the District policies, (see District Personnel Policies and Procedures Manual), an employee who has been employed for at least twelve (12) months and has worked for at least 1250 hours during the twelve (12)month period immediately preceding the beginning of the leave, shall be eligible for up to six (6) months family leave for their own serious medical condition, and up to four (4) months to provide care to a spouse, domestic partner, parent, child or for the birth or adoption of a child in compliance with the applicable federal and state family and medical leave provisions. Family and medical leave shall be taken concurrently with other available paid leave. Pregnancy Disability Leave (PDL) shall be administered in accordance with applicable statutes. SECTION 13.1 - GENERAL LEAVE A. Duration A regular employee with at least one (1) year's service may request a leave of absence without pay or fringe benefits for up to six (6) months. B. Request Requests for such leave of 5 days or less shall be directed in writing to the Department Manager for approval and shall contain justification for the leave. Request for such leave of longer than 5 days shall be directed in writing to the General Manager for approval and shall contain justification for the leave. C. Benefit Premiums The employee may elect to continue any or all insurance coverage during a general leave which extends beyond a leave provided under Federal or California family, medical and pregnancy disability leave law by paying the full costs of the premiums for any benefits. D. Parental Leave An employee may request general leave for purposes of caring for his/her children (either natural or adoptive). Exhibit A MOU July 1, 2018 to June 30, 2021 27 E. Adjustment of Anniversary Date/Vacation Accrual/Seniority If an employee is on leave of absence without pay (except leave for industrial injury or illness; and/or a family medical leave) in excess of two (2) complete pay periods, his/her anniversary date for purposes of evaluation, pay increases and vacation accrual shall be extended by the number of days included in the period of leave without pay. The employee's seniority shall also be adjusted to reflect the number of days on leave without pay. ARTICLE 14 - TUITION REIMBURSEMENT SECTION 14.1 - PREAMBLE All bargaining unit members are encouraged to pursue educational opportunities which directly relate to their work, as well as other opportunities which will add to general education and/or skill level, and those which will help prepare the employee for promotion and/or future job assignments within the District. Bargaining unit members must attend classes on their own time. SECTION 14.2 - APPROVAL Employees will receive reimbursement, subject to Section 14.3 below, for courses which are of benefit to both the District and the employee. Application shall be made only on forms provided by the District and submitted to the immediate supervisor for review and processing. Application for reimbursement must be approved in advance of taking the course. Approval of courses for which an employee may receive reimbursement shall be made by the appropriate administrative officer. To the extent an otherwise approved course conflicts with the employee's work schedule, the employee's immediate supervisor may consider adjustments to the employee's work schedule and/or use of paid leave time to resolve the conflict. SECTION 14.3 - REIMBURSEMENT Employees will receive reimbursement for books and tuition for approved courses, passed with at least a grade of "B" or an equivalent passing rating. The maximum reimbursement per fiscal year per employee is Seven Hundred Dollars ($700.00). Any expenses besides books and tuition shall be evaluated and reimbursement approved on an individual basis by the appropriate administrative officer. ARTICLE 15 - GRIEVANCE PROCEDURE SECTION 15.1 - DEFINITIONS A. A "grievance" is a formal allegation by a member of the bargaining unit who has been adversely affected by an alleged violation of the specific provisions of this Memorandum of Understanding (MOU) or the District's Personnel Policies and Procedures Manual. B. A "disciplinary grievance" is a formal objection or challenge to any punitive disciplinary action including reprimand, suspension, demotion and discharge. Specifically excluded from the definition of disciplinary grievance are the following Warning Types of Discipline: "oral warning" and "written warning" as defined in the Discipline Section of the MOU (Article 17). Exhibit A MOU July 1, 2018 to June 30, 2021 28 Notwithstanding the above, Peace Officers may file a grievance in the case of any action that entitles a Peace Officer to an administrative appeal under the Public Safety Officers Procedural Bill of Rights Act by using the procedures set out in Section 15.2(B). C. A "grievant" is any unit member, group of members, or the Association adversely affected by an alleged violation of the specific provisions of the MOU or the District's Personnel Policies and Procedures Manual. D. For purposes of this Section, a working day is any day that District administrative offices are open for business. E. For purposes of this Section, a Steward is an official bargaining unit representative who is a District employee as designated in Section 2.4. An Association Staff Member is a paid employee of the Association. The term “Association Representative” shall mean either a Steward or an Association Staff Member. SECTION 15.2 – GENERAL PROCEDURES A. Any disciplinary action excluded from the definition of “disciplinary grievance” set out in Section 15.1(B) herein is not subject to the Grievance Procedure of this Article. B. Steps I through IV of this Grievance Procedure shall constitute the administrative appeal required by Section 3304(b) of the Public Safety Officers Procedural Bill of Rights Act for any appeal of punitive action involving a peace officer enumerated in Section 3303 of the Act except that suspension, demotion, or discharge may be appealed through Step V. See Section 17.5. C. The grievant and District may mutually agree in writing to waive any step of the Grievance Procedure. However, in order to settle any grievances which arise at the lowest practicable level, and as fairly and promptly as possible, it is the intent of the parties that all steps of the Grievance Procedure be complete. D. In the case of a disciplinary grievance, the affected employee or District may proceed directly to Step III or IV of the Grievance Procedure after imposition of the challenged disciplinary action. If the employee or District wish to proceed directly to Step III or Step IV concerning a disciplinary matter, the employee or District will inform the other Party in writing within the timeframe described in Section 15.2(E) below. E. With respect to Steps II through V of the Grievance Procedure, the time for filing, responding to and appealing grievances to subsequent steps shall be fifteen (15) working days from the date on the grievance, response, or appeal document unless another provision of this MOU provides a different timeframe within which to file a written document to the other Party. All timelines in this Article (including Step I) may be waived by mutual agreement in writing. If the grievant/Association fails to file a grievance or move a grievance to the next step within the proper time limits, absent written agreement to waive an applicable time limit, the grievance shall be considered settled on the basis of the District's response at the prior step. If the District fails to respond to a grievance within the proper time limits, the grievant/Association may move the grievance to the next step. F. FEA Representative may be granted time off from duty to process grievances provided that forty- eight (48) hours’ advance notice is provided to the Department Manager. No more than one (1) Steward shall be allowed release time to process a grievance. The number of District employees at Exhibit A MOU July 1, 2018 to June 30, 2021 29 grievance proceedings shall be limited to the grievant(s) and one (1) Association Representative. The Association Representative shall not be a person subject to or involved in the matter which is the subject of the grievance. An Association Staff Member may also attend a grievance proceeding where permitted by this Agreement. SECTION 15.3 - STEP I A. A grievant shall present the grievance orally to the grievant's immediate supervisor within fifteen (15) working days after the grievant knew, or reasonably should have known, of the event or events on which the grievance is based. To assist in resolving any grievance at the lowest possible level, the supervisor may request that the grounds for the grievance be stated in writing. The immediate supervisor shall conduct whatever investigation is necessary to obtain the facts pertaining to the grievance. Within fifteen (15) working days after receiving notice of the grievance, the immediate supervisor shall meet with grievant in an attempt to settle the grievance and shall give the grievant a reply. The Steward may attend the meeting. B. If the grievant is not satisfied with the reply of his/her immediate supervisor, the grievant may appeal the grievance to Step II. SECTION 15.4 - STEP II A. If the grievant desires to appeal the grievance to Step II, the grievance shall be reduced to writing and presented to the grievant's Area Superintendent, Area Manager or department manager if they are the next level of supervision within fifteen (15) working days following receipt of the immediate supervisor's reply. B. The written grievance shall contain a complete statement of the grievance, specific facts upon which the grievance is based, the specific provisions of the MOU and/or Personnel Policies and Procedures Manual claimed to have been violated, and the remedy requested. The grievance shall be signed and dated by the grievant and/or the Steward and/or the Association Staff Member. C. At the request of either side a meeting will be held between the grievant's Area Superintendent, Area Manager, or department manager if they are the next level of supervision, the grievant and the appropriate Association Representative to attempt to resolve the grievance informally. In any event, the Area Superintendent, Area Manager or department manager if they are the next level of supervision shall give a written decision to the grievant within fifteen (15) working days following receipt of the written appeal to Step II, with a copy to the Association office. D. If the grievant is not satisfied with the decision, the grievant may appeal the grievance to Step III. SECTION 15.5 - STEP III A. If the grievant desires to appeal the grievance to Step III, the grievant shall present the written grievance to the Department Manager and a copy to the Human Resources Manager within fifteen (15) working days following receipt of the written decision at Step II. B. In evaluating the appeal at Step III, at the request of either side, a conference shall be held between the Department Manager, in consultation with the Assistant General Manager, and the grievant and his/her Association Representative in an attempt to resolve the matter informally. With forty-eight (48) hours notice to the District, the Association Staff Member may join the grievant and the Steward in the Step III conference. In any event, the Department Manager shall issue a written decision on Exhibit A MOU July 1, 2018 to June 30, 2021 30 the grievance within fifteen (15) working days of receipt of the appeal, with a copy to the Association office. C. If the grievant is not satisfied with the decision at Step III, the grievant may appeal to Step IV. SECTION 15.6 - STEP IV A. Any appeal not resolved at Step III may be appealed in writing, with copies of the Step II and Step III responses, to the General Manager with a copy to the Human Resources Manager, within fifteen (15) working days of receipt of the Step III response. Within fifteen (15) working days of receipt of the appeal, the General Manager shall convene a meeting with the grievant for the purpose of reviewing the grievance facts and issues pertinent to the grievance and to attempt to resolve the grievance. The Association Staff Member and Steward may attend the Step IV meeting. The General Manager shall issue a final written decision to the grievant within fifteen (15) working days of the meeting. A copy of the decision will be sent to the Association office except as provided below for disciplinary grievances. In the case of any disciplinary grievance that is appealable through Step IV, any or all appeal procedures and the review and/or determination of the Step IV grievance, may be conducted by the General Manager or his/her designee, in accordance with the requirements of the Public Safety Officers Procedural Bill of Rights Act. Furthermore, the District will only provide documents concerning an employee’s disciplinary action to the Association upon written request of the employee. SECTION 15.7 - STEP V A. If the grievance is not resolved at Step IV, the grievant may elect to submit the grievance to binding arbitration. No disciplinary grievance of a written reprimand may be submitted to binding arbitration. As to such action, the decision of the General Manager at Step IV shall be final. The grievant shall submit written notice of said election within fifteen (15) working days of receipt of the Step IV response. Thereafter, the parties shall jointly request the California State Mediation and Conciliation Service (SMCS) to provide a list of seven (7) persons qualified to act as arbitrators. Absent the parties reaching a stipulation as to an arbitrator, the parties shall meet as soon as practical to select the arbitrator. The right to strike the first name shall be determined by lot and the parties shall alternatively strike one name from the list until only one name remains, and that person shall serve as the arbitrator. B. The arbitrator shall hold a hearing on the issue submitted, or as determined by the arbitrator if the parties have not mutually agreed upon the issue, and render a written decision. The conduct of the arbitration proceedings shall be governed by California Code of Civil Procedure Section 1280 et seq. C. Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by law. No arbitrator shall entertain, hear, decide, or make recommendations on any dispute unless the grievant is an employee in a unit represented by the Association and unless such dispute falls within the definition of a grievance as set forth in Section 15.1. D. Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this Memorandum of Understanding nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this Section. No arbitrator shall have the power to Exhibit A MOU July 1, 2018 to June 30, 2021 31 amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. E. All complaints involving or concerning the payment of compensation shall be initially filed in writing with the General Manager at Step IV. Only compensation complaints which allege that employees are not being compensated in accordance with the provisions of the Memorandum of Understanding shall be considered as grievances. F. Where either party claims a matter is not subject to the arbitration provisions of the Memorandum of Understanding, the issue of arbitrability shall first be decided by the arbitrator without regard to the merits of the grievance. If the issue is held to be arbitrable, the arbitration may, at the request of either party, be recessed for up to for up to five (5) working days to determine if the grievance can be resolved. If it cannot, the arbitration proceedings shall be resumed and the arbitrator shall hear and resolve the issue on the merits. G. The parties agree that any and all costs associated with arbitration, including but not limited to such items as court reporters, transcripts and the arbitrator's fee shall be divided equally between the District and the Association. Each party shall bear their own cost of representation. ARTICLE 16 - LAYOFFS SECTION 16.1 - SENIORITY DEFINED For purposes of this Article, "seniority" shall be by classification and shall be defined as time served in that classification and any higher classification. SECTION 16.2 - CONSIDERATION OF LAYOFF - NOTICE TO ASSOCIATION When the District determines that a layoff is necessary within the bargaining unit, it shall give the Association at least thirty (30) days notice. Such notice shall describe the classifications affected and the circumstances requiring the layoff. Upon request, the Association shall be afforded the opportunity to meet with the District to discuss the impact of layoffs on bargaining unit members. SECTION 16.3 - ORDER OF LAYOFF When one (1) or more employees performing in the same classification are to be laid off, the order of layoff shall be as follows: 1. Seasonal employees. 2. Probationary employees in inverse order of seniority. 3. Regular employees in inverse order of seniority. SECTION 16.4 - NOTICE TO EMPLOYEES Employees subject to the provisions of this Article shall be given at least twenty (20) working days written notice prior to the effective date of layoff. The Association shall receive concurrent notice. The procedures of Section 16.5 shall be applied prior to the effective date of the layoff. Exhibit A MOU July 1, 2018 to June 30, 2021 32 SECTION 16.5 - ALTERNATIVES TO LAYOFF A. Claim Vacancies Any affected unit member may claim a vacancy in a classification formerly held. If such classification is below the one currently held, the employee will have re-employment rights (Section 16.6) to the original classification. B. Displacement An affected unit member may bump the least senior employee in a lower classification previously held provided the affected employee is otherwise qualified to fill the lower classification. Seniority in the lower classification will be time spent in that classification plus any higher classification. Employees who bump into a lower classification will have reemployment rights (Section 16.6) in their original classification. C. Rate of Pay In the event of claiming a vacancy or bumping into a lower classification, the unit member's rate of pay in the lower classification shall be determined as follows: 1. If the step held in the higher classification occurs in the lower classification, the rate of pay will remain the same. 2. If the step held in the higher classification does not occur in the lower classification, the rate of pay shall be the highest step of the lower classification. SECTION 16.6 - RE-EMPLOYMENT LISTS Unit members who are laid off shall be placed on a re-employment list for their current classification and for each lower classification previously held. Employees reassigned as an alternative to layoff pursuant to Section 16.5 shall be placed on a re-employment list for their original classification. As vacancies become available, employees will be recalled from the appropriate re-employment list(s) in seniority order. SECTION 16.7 - RIGHTS RESTORED Upon re-employment of a unit member from a re-employment list, all rights acquired prior to his/her placement on such list shall be restored. ARTICLE 17 - DISCIPLINARY PROCEDURE With respect to disciplinary action, the following applies to members of the bargaining unit: SECTION 17.1 - PREAMBLE The degree of discipline is discretionary with the District. In exercising its discretion the District will consider factors including, but not limited to, the severity of the offense, the number and frequency of previous acts of misconduct, and past work performance. Disciplined employees shall have rights of appeal as set forth in this Article. SECTION 17.2 - PRINCIPLES AND PROCEDURES No employee shall be disciplined except for violation of established policies and procedures, and such disciplinary action shall be in accordance with procedures established herein. The District agrees to follow the principles of Exhibit A MOU July 1, 2018 to June 30, 2021 33 progressive discipline and just cause. However, the level or degree of any disciplinary action is within the discretion of the District as set forth above. Property Loss Discipline may be used initially when appropriate due to the severity of the offense. SECTION 17.3 - GROUNDS FOR DISCIPLINE Grounds for disciplinary action shall include, but not be limited to: 1. Abandonment of position and absence from duty without approval; 2. Abuse or misuse of leave privileges; 3. Below-standard work performance, including poor judgment, or incompetence in the performance of required duties; 4. Disruptive behavior or discourteous or abusive treatment of the public or other employees, including threats or acts of violence in the workplace, battery or assault; discrimination against the public or employees in violation of District policies; unlawful retaliation against any person who reports facts or information to authorities or District personnel about misconduct (actual or suspected) of any District employee; or conduct unbecoming a District employee which discredits the District; 5. Failure to abide by established District rules, regulations or policies including violation of the substance abuse policy; 6. Fraud or misrepresentation in securing appointment or promotion; 7. Insubordination; 8. Misuse of District property, work time, or funds, including use for personal purposes; 9. Neglect of duty; 10. Dishonesty, including but not limited to theft or falsification of District records or documents; 11. Failure to adhere to or comply with approved operational or safety guidelines; or negligent or reckless use or operation of vehicles, property, or equipment; 12. Failure to keep required work hours, including chronic absenteeism and chronic tardiness; 13. Any conviction by a court which would be incompatible with the work performed for the District by the affected employee, including a conviction for an offense committed during the course of District employment or a conviction for an offense committed on or off duty with a nexus to the employee's District employment or duties; 14. Failure to report the suspension or revocation of the employee's driver’s license; License suspension or revocation does not constitute automatic grounds for discipline; 15. Unauthorized access to or use of District records; 16. Failure to maintain professional appearance, in accord with the District’s uniform policies. SECTION 17.4 - WARNING TYPES OF DISCIPLINE Whenever possible, counseling should be used prior to taking a more formal action. Counseling shall be defined as a non-punitive process that is not considered discipline. Where appropriate, the District will use the following types of discipline before imposing suspension, demotion or dismissal. A. Oral Warning An oral warning is a verbal notice advising an employee that the employee's behavior or performance must be improved. It defines areas where improvement is needed, sets goals, and informs the employee that failure to improve may result in more serious action. The employee's supervisor will document the oral warning by recording the date and content of the warning and maintain a copy of the documentation. The employee shall receive a copy of the warning at the time the note is prepared. The documentation of the oral warning shall not be placed in the employee's personnel file. Exhibit A MOU July 1, 2018 to June 30, 2021 34 However, the incident may be addressed in the employee's performance evaluations and Interim Progress Reports for the evaluation year in which the incident occurred. B. Written Warning A written warning is notice to an employee that the employee's performance or behavior must be improved. It contains the same elements as the oral warning. When appropriate, the written warning may be used in conjunction with a Plan for Individual Improvement proposed by the employee's supervisor and approved by the Area Superintendent, Area Manager, or department manager as appropriate. Prior to a copy of the written warning and Plan for Individual Improvement being placed in the employee's personnel record, a copy shall be given to the employee and a copy shall be sent to the Association. The employee will have the opportunity to read and sign the warning and Plan prior to its being placed in the employee’s personnel record. Should the employee refuse to sign, that fact should be noted on the document, signed or initialed by the employee unless refused, and then entered in the employee’s personnel file. The employee shall have thirty (30) days to prepare a written response which will be attached to the written warning in the personnel file. At the employee’s written request, the written warning and Plan for Improvement will be removed from the personnel record after two (2) years from the date of issuance, provided the employee has received no further discipline nor been notified in writing of pending discipline. C. Reprimand A reprimand will be given by the Area Superintendent, Area Manager, or department manager as appropriate upon recommendation of the employee's immediate supervisor. The reprimand will serve as official notice to the employee that the employee's performance or behavior is seriously below standard and that continuation of such performance or behavior will subject the employee to more serious disciplinary action, including possible discharge. When appropriate, the written reprimand may be used in conjunction with a Plan for Individual Improvement in the same manner as set forth in Subsection C above. The employee shall receive a copy of the reprimand at the time it is prepared and a copy shall be sent to the Association. The employee will have the opportunity to read and sign the reprimand and Plan prior to its being placed in the employee’s personnel file. Should the employee refuse to sign, that fact should be noted on the document, initialed or signed by the employee unless refused, and then entered into the employee’s personnel file. The employee shall have thirty (30) calendar days within which to submit a written response to the reprimand. If one is submitted, the employee's written response shall be attached to the in the employee's personnel file. The employee's response shall be directed to the Area Superintendent, Area Manager, or department manager as appropriate. 1. Employees will have the right to Association representation when responding to reprimands. 2. At the employee’s written request, a reprimand and Plan will be removed from the personnel record after two (2) years from the date of issuance, provided the employee has received no further discipline nor been notified in writing of pending discipline. SECTION 17.5 - PROPERTY LOSS DISCIPLINE The District may take more formal disciplinary action for cause in the form of suspension, demotion or discharge. Exhibit A MOU July 1, 2018 to June 30, 2021 35 A. Suspension A suspension is the temporary removal of an employee from the employee's duties without pay. Suspension without pay should generally be used when all other positive means have been tried without success and the Department Manager has reason to believe that the suspension will bring about the improvement needed in the employee's performance or behavior. Suspensions can only be imposed by the Assistant General Manager, upon recommendation from the Department Manager. Suspensions shall not exceed thirty (30) calendar days. B. Demotion A demotion is the transfer of an employee from a position in one class to a position in another class which results in a reduction in compensation rate. Demotions can only be imposed by the General Manager, upon recommendation by the Assistant General Manager. C. Discharge A discharge is the termination of the employee from the employment of the District. A discharge can only be imposed by the General Manager, upon recommendation by the Assistant General Manager. SECTION 17.6 - APPEAL The decision to reprimand, suspend, demote or discharge may be appealed by the affected employee only through the established Grievance Procedure set forth in Article 15. Lesser forms of discipline are not subject to appeal, except when a Peace Officer is entitled to an administrative appeal under the Public Safety Officers Procedural Bill of Rights Act as provided by Section 15.1(B). Where an administrative appeal is required by the Public Safety Officer’s Procedural Bill of Rights the procedures set out in Section 15.2(B) shall apply. SECTION 17.7 - NOTICE OF INVESTIGATION When any employee is under investigation for an incident that could result in disciplinary action, the affected employee shall be notified in writing within sixty (60) working days of a supervisor’s knowledge of the incident (or the most recent in a series of incidents). Specifically excluded from the requirement to provide a Notice of Investigation are customary contacts in the normal course of duty, verbal counseling, instruction, informal verbal admonishment, or other routine or unplanned contact with a employee. Final determination on the imposition of disciplinary action shall be made within a reasonable period of time. During the investigation, the District shall keep the employee apprised of its progress and likely completion date. SECTION 17.8 - NOTICE OF INTENT TO IMPOSE DISCIPLINE Written notice of suspension, demotion or discharge must be served on the employee in person or by certified mail prior to the disciplinary action becoming effective. A copy of the notice shall be sent to the Association upon written request of the employee. The notice shall include: 1. Statement of the nature of the disciplinary action. 2. Effective date of the action. 3. Statement of the grounds thereof. 4. Statement in ordinary and concise language of the acts or omissions upon which the grounds are based. Exhibit A MOU July 1, 2018 to June 30, 2021 36 5. A statement of the employee's right to respond, either orally at a meeting requested by the employee, or in writing. The employee shall have the opportunity to respond and be served with notice of final action in person or by certified mail prior to the action becoming effective. The opportunity to respond shall normally take place within seven (7) working days following the initial notice of intended action. 6. A statement advising the employee of the right to appeal through the grievance procedure and the right to Association representation. SECTION 17.9 - ELECTRONIC RECORDING Electronic recording of the pre-discipline conference under Section 17.8 (e) above shall require the mutual consent of the District and the employee subject to discipline. The District reserves the right to electronically record all investigatory interviews provided advance written notice is given to the employee subject to investigation. If an electronic recording is made of the investigatory interview, the employee shall be provided a copy of the tape if any further disciplinary proceedings are contemplated or prior to any further investigatory interviews at a subsequent time. In addition, if the District transcribes the electronic recording of an investigatory interview, it shall provide the employee with a copy of the transcript. ARTICLE 18 - PROBATIONARY PERIOD SECTION 18.1 - LENGTH OF PROBATION A. Initial Hires 1. Lead Open Space Technicians, Open Space Technicians, Equipment Mechanic- Operators, Volunteer Program Lead, Facilities Maintenance Specialist, and Farm Maintenance Workers All persons appointed to the regular position of Ranger, Lead Open Space Technician, Open Space Technician, Equipment Mechanic-Operator, Volunteer Program Lead, Facilities Maintenance Specialist, and Farm Maintenance Worker shall complete a standard probationary period of at least twelve (12) consecutive months. B. Promotional Appointments 1. Lead Open Space Technicians, Open Space Technicians, Equipment Mechanic- Operators, Volunteer Program Lead, Facilities Maintenance Specialist, and Farm Maintenance Workers All persons promoted to the regular position of Lead Open Space Technician, Open Space Technician, Equipment Mechanic-Operator, Volunteer Program Lead, Facilities Maintenance Specialist, and Farm Maintenance Worker who have satisfactorily passed the probationary period of their current position shall complete a standard promotional probationary period of at least six (6) consecutive months. 2. Ranger/Lead Ranger All persons promoted to the regular position of Ranger/Lead Ranger who have satisfactorily passed the probationary period of their current position shall complete a standard promotional probationary period of at least twelve (12) consecutive months. SECTION 18.2 - EXTENSION OF PROBATION In the event a probationary employee misses more than four (4) weeks, from their normal duties, the District may extend the probationary period by an amount not to exceed the period of time missed. In the event the probationary Exhibit A MOU July 1, 2018 to June 30, 2021 37 employee's absence exceeds the equivalent of the employee's standard probationary period, the District may require the employee to serve a new probationary period as a condition of returning to work with the District. In the event the employee has not successfully completed any required training prior to the end of probation, the probationary period may be extended up to a maximum of three (3) months. SECTION 18.3 - REJECTION FROM ORIGINAL PROBATION A probationary employee can be rejected from probation at any time during his or her probationary period. The decision to reject an employee from probation is not subject to the Grievance Procedure or discipline appeal procedure of this Agreement. As an alternative to rejecting the employee from probation, the District may extend the employee's probationary period. The employee must receive written notice of the extension prior to the expiration of his/her initial probationary period, and the extension shall not exceed three (3) months. SECTION 18.4 - REJECTION FROM PROMOTIONAL PROBATION In the case of promotional appointment, a promoted employee may, at any time during the probationary period, be rejected from probation and reinstated in the class designation from which he/she was promoted. If the reinstatement necessitates the layoff of another District employee currently filling the position, the choice of which employee will be laid off will be based on Article 16, "Layoffs." ARTICLE 19 - CONTRACTING OUT Except in cases of emergency, the District will give thirty (30) days’ prior written notice to the bargaining unit of its intent to contract-out for services in any manner that triggers a negotiation obligation under the Meyers-Milias Brown Act (“MMBA”). Mutual aid and cooperation agreements between the District and other government agencies are excluded. The bargaining unit shall have the opportunity to meet and confer with the District prior to such District action. In cases of emergency, the Association shall have the opportunity to meet and confer at the earliest practicable time following such District action. ARTICLE 20 - NO STRIKES/LOCKOUTS During the term of this Agreement, the District agrees that it will not lock out employees and the Association agrees that its representatives and members shall not engage in or cause, instigate, encourage, sanction or condone a strike, withholding of services, work slowdown or work stoppage of any kind concerning any labor dispute at the District and any other place of employment including but not limited to sympathy strikes in support of other labor organizations. ARTICLE 21 - EFFECT OF AGREEMENT To the extent there is a conflict, it is understood and agreed that the specific provisions contained in this Agreement shall prevail over District rules, regulations, policies and procedures. It is further understood and agreed that in the absence of specific provisions in this Agreement, such rules, regulations, policies and procedures shall remain in full force and effect. Exhibit A MOU July 1, 2018 to June 30, 2021 38 The terms and conditions set forth in this Agreement represent the full and complete understanding and commitment between the parties. The terms and conditions may be altered, changed, added to, deleted from, or modified only through the voluntary and mutual consent of the parties in a written amendment to the Agreement. During the term of this Agreement, the parties agree that neither the Association nor the District shall be obligated to reopen or renegotiate any of the provisions of this Agreement. ARTICLE 22 - SAVINGS CLAUSE If any provision of this Agreement should be held invalid by operation of law or by any court of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal, the remainder of this Agreement shall remain in effect and the parties shall enter into negotiations for the sole purpose of arriving at a mutually satisfactory replacement for such provision. ARTICLE 23 - TERM OF AGREEMENT This Agreement shall be effective the first (1st) day of July 2015 and shall remain in effect until the thirtieth (30th) day of June 2018. Either Party may request in writing to commence negotiations for a successor Agreement up to six months before the expiration of this Agreement. Exhibit A MOU July 1, 2018 to June 30, 2021 39 SIGNATURE PAGE For Midpeninsula Regional Open Space District For Midpeninsula Regional Open Space District Employees Field Employees Association Jack Hughes Chief Negotiator Liebert, Cassidy, Whitmore LLC Tim Cantillon Labor Representative Stefan Jaskulak Administrative Services Director/CFO Warren Jenkins Equipment Mechanic/Operator Brian Malone Acting Assistant General Manager Marianne Chance Ranger Candice Basnight Human Resources Manager Alex Hapke Lead Ranger Steve Davison Lead Open Space Technician Holden Neal Equipment Mechanic/Operator Approved by District (date): Exhibit A MOU July 1, 2018 to June 30, 2021 i APPENDIX A - DISTRICT SALARY RANGES EFFECTIVE 7/1/15 Exhibit A MOU July 1, 2018 to June 30, 2021 ii APPENDIX B - CATASTROPHIC LEAVE PROGRAM Purpose The Catastrophic Leave Program is designed to assist District employees (called receiving employees) who have exhausted paid time credits due to a serious, catastrophic or debilitating illness, injury or condition of the employee or of a member of the employee's immediate family (as defined in Section 12.1B.[4]). This program allows other District employees (called donating employees) to make grants of time to a bank maintained by HR so that qualified employees can remain in a paid status for a longer period of time, thus partially reducing the financial impact of the illness, injury or condition. The grants of time donated are converted to sick leave for use by qualified employees. Conditions for Receiving Employees There are four criteria for eligibility as a receiving employee. The receiving employee must: 1. Be a regular full- or part-time District employee; 2. Exhaust all available paid leave time, including sick leave*1, vacation, personal leave, holiday or holiday bank time, and compensatory time off; 3. Have a sustained, serious or debilitating illness, injury or condition which may need to be verified by a doctor's report, or have a member of the immediate family with a sustained, serious or debilitating injury, illness or condition which requires the employee's absence from work to care for the family member; 4. Be prevented from returning to work for at least thirty (30) days and have applied for a disability or family care leave of absence without pay. To apply to be a receiving employee under the Catastrophic Leave Program, an employee completes an Application for Catastrophic Leave. The application is submitted to the Human Resources Manager for approval. An employee may be asked to submit supporting medical documentation (i.e., a statement from his/her doctor) with the application. Approval or rejection for participation must be made by the Human Resources Manager within two (2) weeks after the completed application is submitted. An employee may be asked to verify his/her status for continuing eligibility for the program. The Human Resources Manager will periodically distribute a Donation of Accrued Time Credits form to all District employees so they can specify donations they wish to make to the bank. Benefits available to a receiving employee participating in the program will be treated as though the additional sick leave credited to him/her belongs to him/her. For as long as a receiving employee remains in a paid status, seniority, sick leave and vacation accrual and all benefits will continue as though the sick leave were his/hers. The total credits received by the employee shall not exceed the amount of time the employee is required to be absent from work because of his/her medical condition and shall normally not exceed three (3) months; however, if approved by the General Manager, the total leave credits received may be up to a maximum of six (6) months. Conditions for Donating Employees Donations must be made to the bank on a form signed by the donating employee and submitted to the Human Resources Manager. The District will not identify donors. Employees may donate the following types of accrued time credits: Vacation time *1 In the event the General Manager has refused to extend the eighty (80) hour limit on sick leave usage for care of a family member (Section 12.1B.[4]), such refusal shall render this criterion fulfilled, even if the Receiving Employee retains sick leave on the books. Exhibit A MOU July 1, 2018 to June 30, 2021 iii Personal paid leave time Holiday bank time Compensatory time off (non-exempt employees) Sick leave -- one hour of accrued sick leave may be donated for every two (2) hours of other types of accrued leave time Donations must be made in one-hour increments. The Human Resources Manager may utilize appropriate and reasonable mechanisms in administering the donations to assure that: 1. the employee receiving donations does not receive an excessive amount beyond his/her need; 2. employees donating leave have sufficient sick leave time remaining; These objectives shall be accomplished by requiring that any donating employee has a minimum of forty (40) hours of sick leave balance after the donation is made. The donations will be converted to sick leave time and credited to the receiving employee's sick leave time balance on an hour-for-hour basis. The pay the receiving employee receives will be at his/her own rate of pay. Donations, once credited to the bank, are forfeited forever by the donating employee. In order to donate, an employee must submit a Donation of Accrued Time Credits form to the Human Resources Manager for processing. Exhibit A Resolutions/2018/18-__Approve OSM Changes 1 RESOLUTION NO. 18-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING ADJUSTMENTS TO THE SALARIES, BENEFITS AND TERMS AND CONDITIONS OF EMPLOYMENT FOR THE OFFICE, SUPERVISORY AND MANAGEMENT EMPLOYEES OF THE DISTRICT WHEREAS, the office, supervisory and management employees are employed by the Midpeninsula Regional Open Space District (District) and as such receive and are subject to certain salaries and benefits, and terms and conditions of employment; and WHEREAS, the three employees appointed by the Board of Directors (Board), the General Manager, the Controller, and the General Counsel, have each negotiated compensation packages that are reviewed separately, as part of the regular annual Board Appointee evaluation process; and WHEREAS, Resolution R-18-31 was approved by the Board of Directors on August 8, 2018, which amended the Classification and Compensation Plan and approved benefits changes for the office, supervisory and management employees; and WHEREAS, it has been the custom and practice of the District to apply largely the same benefits and terms and conditions of employment to the office, supervisory, and management employees as to the represented employees; and WHEREAS, on August 27, 2018 the bargaining unit represented by Midpeninsula Regional Open Space District Field Employees Association ratified the Memorandum of Understanding; and WHEREAS, the Board of Directors seeks to align the agreement dates for salary and benefits for all District employees. NOW, THEREFORE, BE IT RESOLVED 1. The Board of Directors hereby rescinds Resolution R-18-31 and 2. The Board of Board of Directors of the Midpeninsula Regional Open Space District does hereby approve the adjusted Salaries, Benefits and Terms and Conditions of employment as set out in Board Report R-18-110 and attached as Exhibit A, with an effective date of July 2, 2018 for all economic terms, for the office, supervisory, and management employees of the District, excluding the compensation rates set separately for the three employees appointed directly by the Board, and direct that any necessary or appropriate implementing revisions to the District’s Personnel Policies and Procedures Manual be presented to the Board for approval. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on September 26, 2018, at a Regular Meeting thereof, by the following vote: Attachment 2 Resolutions/2018/18-__Approve OSM Changes 2 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 Exhibit A Summary of Recommended Salary and Benefits Changes for Office, Supervisory and Management Employees July 2, 2018 to June 30, 2021 Salary Adjustments: • Year 1: 3% salary adjustment. Board approved August 8, 2018. The General Manager recommends this salary adjustment be retroactive to the first full pay period starting July 2, 2018. • Year 2: Effective the first full pay period including July 1, 2019, 3% salary adjustment. • Year 3: Effective the first full pay period including July 1, 2020, 3% salary adjustment. Medical Benefits: • For calendar 2019 the District contribution to health insurance will increase per month, per employee, as follows: Current Contribution New Contribution Employee Only $859.33 $860.00 Employee + 1 $1,458.74 $1,560.00 Family $1,819.44 $2,020 • Year 2: For calendar 2020, District Cafeteria Plan contributions will be adjusted as follows: 2020 Contribution Employee Only Up to $35.00 (4%) increase up to the Kaiser Only monthly premium. Employee + 1 Up to $60.00 (4%) increase up to the Kaiser Employee Plus One monthly premium. Family Up to $80.00 (4%) increase up to the Kaiser Employee Family monthly premium. Exhibit A • Year 3: For calendar 2021, District Cafeteria Plan contributions will be adjusted as follows: 2021 Contribution Employee Only Up to $35.00 (4%) increase up to the Kaiser Only monthly premium. Employee + 1 Up to $60.00 (4%) increase up to the Kaiser Employee Plus One monthly premium. Family Up to $80.00 (4%) increase up to the Kaiser Employee Family monthly premium. Resolutions/2018/18-__Approve OSM Changes 1 RESOLUTION NO. 18-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING ADJUSTMENTS TO THE SALARIES, BENEFITS AND TERMS AND CONDITIONS OF EMPLOYMENT FOR THE OFFICE, SUPERVISORY AND MANAGEMENT EMPLOYEES OF THE DISTRICT WHEREAS, the office, supervisory and management employees are employed by the Midpeninsula Regional Open Space District (District) and as such receive and are subject to certain salaries and benefits, and terms and conditions of employment; and WHEREAS, the three employees appointed by the Board of Directors (Board), the General Manager, the Controller, and the General Counsel, have each negotiated compensation packages that are reviewed separately, as part of the regular annual Board Appointee evaluation process; and WHEREAS, Resolution R-18-31 was approved by the Board of Directors on August 8, 2018, which amended the Classification and Compensation Plan and approved benefits changes for the office, supervisory and management employees; and WHEREAS, it has been the custom and practice of the District to apply largely the same benefits and terms and conditions of employment to the office, supervisory, and management employees as to the represented employees; and WHEREAS, on August 27, 2018 the bargaining unit represented by Midpeninsula Regional Open Space District Field Employees Association ratified the Memorandum of Understanding; and WHEREAS, the Board of Directors seeks to align the agreement dates for salary and benefits for all District employees. NOW, THEREFORE, BE IT RESOLVED 1. The Board of Directors hereby rescinds Resolution R-18-31 and 2. The Board of Board of Directors of the Midpeninsula Regional Open Space District does hereby approve the adjusted Salaries, Benefits and Terms and Conditions of employment as set out in Board Report R-18-110 and attached as Exhibit A, with an effective date of July 2, 2018 for all economic terms, for the office, supervisory, and management employees of the District, excluding the compensation rates set separately for the three employees appointed directly by the Board, and direct that any necessary or appropriate implementing revisions to the District’s Personnel Policies and Procedures Manual be presented to the Board for approval. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on September 26, 2018, at a Regular Meeting thereof, by the following vote: Attachment 2 Resolutions/2018/18-__Approve OSM Changes 2 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 Attachment 3 1 Midpeninsula Regional Open Space District & Midpeninsula Regional Open Space District Field Employees Association Summary of Tentative Agreement (Summary only; see MOU for specific language) MOU Section # Title Summary of Tentative Agreement Entire MOU General Clean-up Clean up non-substantive MOU language.  Clean up of agency shop language to reflect current laws  Change HR Supervisor to HR Manager  Change Area Superintendent to include both Area Superintendent and Area Manager  Change MOA to MOU  Clean up punctuation/grammar Article 2: Association Recognition/Security  2.1 Recognition Provide flexible language that allows for changes in FEA represented classifications. Adds Facilities Maintenance Specialist classifications.  2.7 Safety Committee Expanding the Safety Committee to one FEA representative from each geographical area.  2.8 Housing Removal of information pertaining to previous MOU. Article 5: Schedules, Overtime, and Call-Back Time  5.1.A.2 Work Period Expand work periods to include Facilities Maintenance Specialist.  5.3.A.B.C Alternative Work Schedules Include Volunteer Program Lead in 9/80 maintenance schedule. Add Facilities Maintenance Specialist into the 4/10 schedule. Redaction of “minimum” from staffing requirements. Attachment 3 2 MOU Section # Title Summary of Tentative Agreement 5.3.D: Additional Ranger/Lead Ranger 9/80 Schedules Creation of new section allowing for additional work options with the 9/80 schedule outside of staffing required schedule.  5.3.E 4/10 Ranger/Lead Ranger Schedule Clarifying that staffing requirements will remain a priority over alternative scheduling.  5.4.2 Paid Meal Periods Include Volunteer Program Lead in meal period language. Article 7: Compensation and Benefits  7.1 Compensation 1. Upon ratification and District Board approval all classifications will move up one range (approximately 2.5%) except for the Volunteer Program Lead, which shall move up two ranges (approximately 5.0%). 2. After the classifications move ranges, all ranges will be increased by 3.0%. These changes shall take effect the first full pay period in July 2018; 3. 3.0% increase for all represented employees effective the pay period including July 1, 2019; 4. 3.0% increase for all represented employees effective the pay period including July 1, 2020; Attachment 3 3 MOU Section # Title Summary of Tentative Agreement  7.2.B Benefits – Cafeteria Plan 1. For 2019 the District contribution to health insurance will increase per month, per employee, as follows: EE Only: $860.00 (+$0.67) EE + 1: $1,560.00 (+101.26) Family: $2,020 (+200.56) 2. For calendar year 2020: EE Only: Up to $35.00 (4%) increase up to the Kaiser Only monthly premium. EE + 1: Up to $60.00 (4%) increase up to the Kaiser Employee Plus One monthly premium. Family: Up to $80.00 (4%) increase up to the Kaiser Employee Family monthly premium. 3. For calendar year 2021: EE Only: Up to $35.00 (4%) increase up to the Kaiser Only monthly premium. EE + 1: Up to $60.00 (4%) increase up to the Kaiser Employee Plus One monthly premium. Family: Up to $80.00 (4%) increase up to the Kaiser Employee Family monthly premium.  7.2.C Benefits – Retirement Removal of information pertaining to previous MOU.  7.8 Benefits – Paychecks and Direct Deposits Expand language to include automatic direct deposit paychecks. Section 7.13 Biological Monitor Creation of a new section that defines a biological monitor, specifies criteria to become a biological monitor, and allows for a (5%) pay differential.  8.2. A. B Schedule of Evaluations 1. Clarify probationary evaluations for newly hired and promotional positions; 2. To change the final evaluation period for newly hired employees from the twelfth month to the eleventh month. 3. Clarify that probationary employees receive step increase at the one year mark. 4. To clarify that employees will receive 5% of their pay unless they have reached the top of their salary range. Attachment 3 4 MOU Section # Title Summary of Tentative Agreement Article 9: Uniforms  9.2 Allowance Amount Increase amount from $775 to $780 and to distribute twice a month. Removal of additional payments for oversized uninforms that are not commercially available.  9.7 Uniform Committee Addition of Volunteer Program Lead. Article 10: Vacation  10.3 Usage Guarantees approved vacation requests submitted after December 1 where there are no conflicting vacation requests. Article 11: Holidays  11.2 Personal Leave Personal leave will now be credited to employees at the end of each two-week pay period, instead of quarterly. Article 12: Leaves of Absence With Pay  12.1.B Sick Leave Expands the use of sick leave and aligns it to California law.  12.4 Military Leave To provide HR a copy of employee’s orders. Article 15: Grievance Procedures  15.2.D General Procedures Establish a process for moving directly to Step III or IV.  15.3.E General Procedures Clarifying timeframes to provide written documentation.  15.6.A Step IV Clarify that documents will only be provided to the FEA upon written request of the employee. Article 17: Disciplinary Procedure  17.8 Notice of Intent to Impose Discipline Add language clarifying that documentation is only provided at the written request of the employee. Article 18: Probationary Period  18.1.A. Initial Hires To add Facilities Maintenance Specialist.  18.1.B Promotional Appointments To add Facilities Maintenance Specialist. Article 20: No Strikes/Lockouts To clarify that FEA cannot participate in sympathy strikes. Attachment 4 Resolutions/2018-__Amend CCP- 1 RESOLUTION NO. 18-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING THE CLASSIFICATION & COMPENSATION PLAN WHEREAS, the General Manager has proposed an amendment to the Midpeninsula Regional Open Space District Classification and Compensation Plan The Board of Directors of Midpeninsula Regional Open Space District does hereby resolve as follows: 1. The Board of Directors hereby amends the Classification and Compensation Plan of the Midpeninsula Regional Open Space District to amend the salary range as set forth in Exhibit A attached hereto. 2. Except as herein modified, the Classification and Compensation Plan, Resolution No. 18-22 as amended, shall remain in full force and effect 3. The benefits as set out in the Board Report R-18-110 shall be implemented as of the first pay period that includes January 1, 2019. 4. This resolution shall be effective as of the first pay period in July 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 APPROVED AS TO FORM: General Counsel Attachment 4 Resolutions/2018-__Amend CCP- 2 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 Step Full/PT Range #Minimum Maximum Minimum Maximum Minimum Maximum Time Seasonal Open Space Technician 6 20.7275 24.6071 3,589 4,481 43,062 53,766 PT Seasonal Ranger Aide 6 20.7275 24.6071 3,589 4,481 43,062 53,766 PT Seasonal Ranger 16 26.5330 31.3992 4,580 5,719 54,965 68,623 PT Administrative Assistant 20 29.2874 34.6199 5,050 6,304 60,601 75,643 FT Farm Maintenance Worker 20 29.2874 34.6199 5,050 6,304 60,601 75,643 FT Open Space Technician*20 29.2874 34.6199 5,050 6,304 60,601 75,643 FT Accounting Technician 22 30.7701 36.3491 5,300 6,619 63,605 79,425 FT Human Resources Technician 22 30.7701 36.3491 5,300 6,619 63,605 79,425 FT Information Technology Technician I 22 30.7701 36.3491 5,300 6,619 63,605 79,425 FT GIS Technician 23 31.5394 37.2583 5,434 6,786 65,211 81,428 FT Facilities Maintenance Specialist 24 32.3278 38.1674 5,565 6,951 66,781 83,418 FT Lead Open Space Technician*24 32.3278 38.1674 5,565 6,951 66,781 83,418 FT Risk Management Coordinator 24 32.3278 38.1674 5,565 6,951 66,781 83,418 FT Senior Administrative Assistant 24 32.3278 38.1674 5,565 6,951 66,781 83,418 FT Public Affairs Program Coordinator 25 33.1360 39.1182 5,705 7,125 68,462 85,494 FT Volunteer Program Lead 25 33.1360 39.1182 5,705 7,125 68,462 85,494 FT Ranger 26 33.9644 40.0749 5,843 7,298 70,118 87,571 FT Senior Finance & Accounting Technician 26 33.9644 40.0749 5,843 7,298 70,118 87,571 FT Executive Assistant 27 34.8135 41.0732 5,989 7,481 71,873 89,771 FT Information Technology Technician II 27 34.8135 41.0732 5,989 7,481 71,873 89,771 FT Public Affairs Specialist I 27 34.8135 41.0732 5,989 7,481 71,873 89,771 FT Equipment Mechanic/Operator 28 35.6839 42.0775 6,137 7,662 73,641 91,946 FT Lead Ranger 28 35.6839 42.0775 6,137 7,662 73,641 91,946 FT Property Management Specialist I 28 35.6839 42.0775 6,137 7,662 73,641 91,946 FT Real Property Specialist I 28 35.6839 42.0775 6,137 7,662 73,641 91,946 FT Executive Assistant/Deputy District Clerk 29 36.5760 43.1233 6,290 7,854 75,483 94,245 FT Planner I 29 36.5760 43.1233 6,290 7,854 75,483 94,245 FT Data Analyst I 30 37.4904 44.1811 6,444 8,046 77,324 96,556 FT Docent Program Manager 30 37.4904 44.1811 6,444 8,046 77,324 96,556 FT Resource Management Specialist I 30 37.4904 44.1811 6,444 8,046 77,324 96,556 FT Volunteer Program Manager 30 37.4904 44.1811 6,444 8,046 77,324 96,556 FT Accountant 31 38.4276 45.2804 6,604 8,246 79,252 98,954 FT Capital Project Manager II 31 38.4276 45.2804 6,604 8,246 79,252 98,954 FT Planner II 31 38.4276 45.2804 6,604 8,246 79,252 98,954 FT Management Analyst I 31 38.4276 45.2804 6,604 8,246 79,252 98,954 FT Data Analyst II 34 41.3824 48.7091 7,103 8,871 85,235 106,457 FT Resource Management Specialist II 34 41.3824 48.7091 7,103 8,871 85,235 106,457 FT Grants Specialist 35 42.4169 49.9392 7,280 9,092 87,360 109,102 FT Maintenance, Construction & Resource Supv.35 42.4169 49.9392 7,280 9,092 87,360 109,102 FT Management Analyst II 35 42.4169 49.9392 7,280 9,092 87,360 109,102 FT Procurement & Contracting Agent/Specialist 35 42.4169 49.9392 7,280 9,092 87,360 109,102 FT Property Management Specialist II 35 42.4169 49.9392 7,280 9,092 87,360 109,102 FT Real Property Specialist II 35 42.4169 49.9392 7,280 9,092 87,360 109,102 FT Supervising Ranger 35 42.4169 49.9392 7,280 9,092 87,360 109,102 FT Training & Safety Specialist 35 42.4169 49.9392 7,280 9,092 87,360 109,102 FT Applications Engineer 36 43.4773 51.1454 7,459 9,314 89,511 111,771 FT Midpeninsula Regional Open Space District - CLASSIFICATION & COMPENSATION PLAN Fiscal Year 2018/2019 - Effective 9/26/2018 (Pay Period 18-21) Last revised: 9/26/18, 8/8/18, 6/13/2018, 1/24/2018, 12/13/2017, 7/1/17, 5/10/17, 4/12/2017, 2/22/2017, 10/26/16 Classification Title Hourly Range $Monthly Range $Annual Range $ Exhibit A Public Affairs Specialist II 36 43.4773 51.1454 7,459 9,314 89,511 111,771 FT Data Administrator 38 45.6784 53.7066 7,831 9,782 93,973 117,383 FT Governmental Affairs Specialist 38 45.6784 53.7066 7,831 9,782 93,973 117,383 FT Senior Technologist 38 45.6784 53.7066 7,831 9,782 93,973 117,383 FT Facilities Maintenance Supervisor 39 46.8203 55.0495 8,027 10,023 96,321 120,275 FT Capital Projects Field Manager 39 46.8203 55.0495 8,027 10,023 96,321 120,275 FT Capital Project Manager III 39 46.8203 55.0495 8,027 10,023 96,321 120,275 FT Planner III 39 46.8203 55.0495 8,027 10,023 96,321 120,275 FT Public Affairs Specialist III 39 46.8203 55.0495 8,027 10,023 96,321 120,275 FT Resource Management Specialist III 39 46.8203 55.0495 8,027 10,023 96,321 120,275 FT Senior Property Management Specialist 40 47.9909 56.3866 8,224 10,269 98,682 123,229 FT Senior Real Property Specialist 40 47.9909 56.3866 8,224 10,269 98,682 123,229 FT Special Projects Manager 40 47.9909 56.3866 8,224 10,269 98,682 123,229 FT Senior Accountant 41 49.1906 57.7949 8,427 10,527 101,130 126,319 FT Senior Management Analyst 41 49.1906 57.7949 8,427 10,527 101,130 126,319 FT Area Manager 43 51.6809 60.6828 8,850 11,053 106,197 132,635 FT Area Superintendent 43 51.6809 60.6828 8,850 11,053 106,197 132,635 FT District Clerk/Assistant to General Manager 43 51.6809 60.6828 8,850 11,053 106,197 132,635 FT GIS Program Administrator 43 51.6809 60.6828 8,850 11,053 106,197 132,635 FT Information Technology Program Administrator 43 51.6809 60.6828 8,850 11,053 106,197 132,635 FT Human Resources Supervisor 43 51.6809 60.6828 8,850 11,053 106,197 132,635 FT Senior Capital Project Manager 43 51.6809 60.6828 8,850 11,053 106,197 132,635 FT Senior Planner 43 51.6809 60.6828 8,850 11,053 106,197 132,635 FT Senior Resource Management Specialist 43 51.6809 60.6828 8,850 11,053 106,197 132,635 FT Budget & Analysis Manager 48 58.4722 68.5445 9,995 12,483 119,941 149,791 FT Finance Manager 48 58.4722 68.5445 9,995 12,483 119,941 149,791 FT Human Resources Manager 48 58.4722 68.5445 9,995 12,483 119,941 149,791 FT Information Systems & Technology Manager 48 58.4722 68.5445 9,995 12,483 119,941 149,791 FT Engineering & Construction Manager 51 62.9682 73.7738 10,756 13,434 129,075 161,211 FT Land & Facilities Services Manager 51 62.9682 73.7738 10,756 13,434 129,075 161,211 FT Natural Resources Manager 51 62.9682 73.7738 10,756 13,434 129,075 161,211 FT Operations Manager 51 62.9682 73.7738 10,756 13,434 129,075 161,211 FT Planning Manager 51 62.9682 73.7738 10,756 13,434 129,075 161,211 FT Public Affairs Manager 51 62.9682 73.7738 10,756 13,434 129,075 161,211 FT Real Property Manager 51 62.9682 73.7738 10,756 13,434 129,075 161,211 FT Visitor Services Manager 51 62.9682 73.7738 10,756 13,434 129,075 161,211 FT Assistant General Counsel I 53 66.1559 77.4580 11,294 14,106 135,527 169,270 FT Assistant General Counsel II 55 69.5051 81.3383 11,859 14,811 142,313 177,737 FT Assistant General Manager 59 76.7206 89.6694 13,076 16,330 156,910 195,955 FT Chief Financial Officer/Director Administrative Services 59 76.7206 89.6694 13,076 16,330 156,910 195,955 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 $98.5577 $17,083 $205,000 7/11/2018 Elected Officials Compensation Board Director Last Revised 12/13/2017 11/1/2016 12/13/2017 $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 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. 1/1/2006 Effective DateMonthly MaximumPer Meeting Exhibit A R-18-105 Meeting 18-34 September 26, 2018 AGENDA ITEM 9 AGENDA ITEM Grants Program Strategic Plan GENERAL MANAGER’S RECOMMENDATION Review and adopt the Grants Program Strategic Plan. SUMMARY The Grants Program has undergone a strategic planning process, the result of which is a clear four-year vision and action plan for the Program. The goals for the plan are to increase grant funding and the ability to leverage existing funds; fully embed the Grants Program into the organizational culture; integrate grant work into program and project schedules; ensure staff are well trained and ready to respond to grant cycles; and expand the Midpeninsula Regional Open Space District’s (District) partnerships to create new funding opportunities. The Grants Program Strategic Plan (Attachment 1) incorporates Board feedback received on July 25, 2018 and describes the core strategy components, potential funding sources, grant-eligible priority projects, measures of success, and recommended changes to policies and procedures. DISCUSSION The goals of the Grants Program are to: • Increase public and private grant funding; • Increase the ability for the District to leverage funds; • Embed the value and importance of the Grants Program in supporting the District’s long-term financial success across all levels of the organization; • Strengthen each staff member’s skills and individual role in the Grants Program while ensuring adequate time is built into future project plans to secure grants; and • Expand the District’s funding partnerships and collaborations while honoring existing partner relationships with outside funders. The strategic planning process began in April 2018 when the District retained the services of Tina Stott, of Stott Planning Associates and Donna Fletcher of Mission Driven. An internal Project Team oversaw the progress and provided input. The Project Team included the Grants Specialist, Acting Assistant General Managers, Chief Financial Officer, and General Manager. R-18-105 Page 2 The consultants’ research included a review of background information, interviews with the General Manager, Assistant General Managers, and departmental teams, as well as external interviews with the Grants Program staff from similar agencies and nonprofit organizations. From this, the consultants created a Findings Memo summarizing the information they gathered, which was presented at the July 25, 2018 Study Session. Using the data and information collected in the Findings Memo, the consultants then developed the Strategic Plan. The Strategic Plan sets forth an actionable three-year plan to build and mature the Grants Program. Below are the major strategy components and next steps for implementation. The presentation on September 26 will provide the Board with an overview of these components, the underlying strategy assumptions, and final recommended enhancements to the Grants Program. Strategy Assumptions The Grants Program Strategic Plan is based on the following core assumptions about how the District will operate and support the Grants Program: • Capacity: the Grants Program capacity will be expanded over time to include outside contractors and potentially additional staff. Scaling will be carefully considered based on need and will be measured against the return on investment. • Time for grant-seeking: The Grants Specialist in the future will have more time for grant- seeking after the Strategic Plan and the recommended policies and procedures are in place. • Time for grantmaking: Going forward, approximately 20% of the Grants Specialist time will be dedicated to the Grantmaking Program. • Centralization: the Grants Program will remain centralized and the hub for grant-seeking, grantmaking, and grant monitoring. However, all departments will have a role in supporting grant activity. • Funding: Public funding is likely to remain the primary source of grant revenue for the District in the near future, although foundation and corporate funding will increase over time. • Priorities: Grant-seeking will focus on priorities established through the Budget and Action Plan process and in general, grants will not drive the reprioritization or creation of new projects. However, at the General Manager’s discretion and direction, the District may recommend a shift in project priorities or modifications to project scopes to be eligible for new grant opportunities of high interest. Funding Priorities Funds generated and tracked by the Grants Program fall into three categories: • Funds secured for projects and programs from external public agencies; • Funds secured for District projects and programs from external private foundations or corporations; and • Funds acquired by another agency or organization, where the District provides a match and the funds help the District complete a priority project or program. The Grants Program does not seek or track private property donations or discounts, nor does it seek funding from individual donors, and instead focuses on competitive sources of external revenue. These opportunities are managed on a case-by-case basis, with Real Property overseeing land donations and discounts and Public Affairs Departments tracking individual R-18-105 Page 3 donations. Over the next three years, public funding will likely continue to be the primary source of grant revenue given the influx of funds under Proposition 68 and potentially Proposition 3, if passed. Foundation funding will continue to be a source for funding as well, and the District will explore the potential for receiving corporate funds. Recommended Policies and Procedures To build the foundation for a successful Grants Program, the following policies and procedures are recommended: • Policy development: Develop the Grantmaking Program Policy, a Corporate Grants Policy, and a Grants Approval Policy. Develop an administrative policy for internal data-sharing to ensure the Grants Program has access to all relevant project files; • Identify grant potential in the Budget and Action Plan process: Incorporate grant funding potential as a consideration in the project selection criteria; • Include Grants Specialist in the Budget and Action Plan process: The Grants Specialist should participate in the Budget and Action Plan process to better integrate grant-related considerations into project planning; • Internally and externally promote the Grants Program: Announce grant wins, make grant data easily available internally, and create an annual work plan to ensure the goals for the year are widely understood; • Develop funding plans for priority projects: The Grants Specialist will work with staff to develop funding plans for key projects that delineate the sources of funding and potential revenue over time. • Go/no-go decisions: Assistant General Managers and the Chief Financial Officer will make the final decision about whether or not to pursue a particular grant and relay the information to the General Manager. As necessary, the General Manager may provide separate direction; • Maintain and grow funder relationships: The District will cultivate relationships with potential funders, including state legislators, agency staff, and local and regional foundation officers. Strengthening these relationships builds understanding of District goals and helps the District align funding opportunities with potential projects; and • Formalize grant procedures: Continue to refine the grant workflow to clarify the roles, responsibilities, and tasks from grant application to grant closeout. Measures of Success The success of the Grants Program will be measured quantitatively and qualitatively, as success is not solely measured by the revenue generated. The long-term success of the Program also depends on the external reputation the District builds, which includes relationship building with external funders. Grant revenue will fluctuate greatly year over year based on funding opportunities and project timing. Therefore, the Grants Program needs to evaluate success over the long-term. Measures of success include: • For FY2018-19 through FY2020-21, the Grants Program generates 25% more revenue than the average of the prior months for which data is available (FY2018-19: 12 months; FY2019-20: 24 months; FY2020-21 and beyond: 36 months); • The return on investment of the Grants Program is at a minimum twice its cost and increases annually; R-18-105 Page 4 • In FY2018-19, the Grants Specialist increases the number of grants submitted from 9 to 12. In FY2019-20 the number increases to 14, and in FY2020-21 to 16; • The Grants Specialist works with the District lobbyist to help secure at least four grants through Proposition 68 in the coming three years; • The District’s Grantmaking Program is operational in FY2018-19 and provides $250,000 in grants to five partners, including at least two new partner organizations; • The results of the annual Administrative Survey that evaluates year-over-year internal satisfaction with the Grants Program indicates a growing satisfaction amongst staff. FISCAL IMPACT There is no fiscal impact associated with this report. A positive fiscal impact is expected once the Grants Program Strategic Plan is finalized and implemented to further the District’s success in securing outside grants and funding partnerships. The Board will consider consulting and/or staffing costs associated with implementation of the strategic plan recommendations as part of future fiscal year budget reviews and/or Agenda items. BOARD COMMITTEE REVIEW The full Board reviewed the preliminary findings for the Strategic Plan during a Study Session on July 25, 2018. 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 Starting fall 2018, the Grants Program will begin implementing the Strategic Plan recommendations. The Grants Specialist will develop an implementation schedule for the recommended policies and procedures and evaluate current and future capacity needs. The services of contract grant writers and state funding support from Environmental and Energy Consulting (legislative advocate in Sacramento) are anticipated in the short-term. ATTACHMENTS 1. Grants Program Strategic Plan 2018-2021 Responsible Department Head: Stefan Jaskulak, Chief Financial Officer/Director of Administrative Services Prepared by: Melanie Askay, Grants Specialist GRANTS PROGRAM STRATEGIC PLAN 2018-2021 SEPTEMBER 2018 Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BOARD OF DIRECTORS  Pete Siemens, Ward 1  Yoriko Kishimoto, Ward 2  Jed Cyr, Ward 3  Curt Riffle, Ward 4  Nonette Hanko, Ward 5  Larry Hassett, Ward 6  Cecily Harris, Ward 7 PROJECT TEAM  Ana Ruiz, General Manager  Stefan Jaskulak, CFO/Director of Administrative Services  Brian Malone, Acting Assistant General Manager, Visitor and Field Services  Jay Lin, Acting Assistant General Manager, Project Planning and Delivery GRANTS SPECIALIST  Melanie Askay, Grants Specialist PROJECT PARTICIPANTS Real Property Department  Mike Williams, Manager  Elish Ryan, Planner III Planning Department  Jane Mark, AICP, Manager  Tina Hugg, Senior Planner  Meredith Manning, Senior Planner Engineering and Construction Department  Jay Lin, Manager  Matt Brunnings, Senior Capital Project Manager Natural Resources Department  Kirk Lenington, Manager  Coty Sifuentes-Winter, Senior Resource Mgmt Specialist  Matt Baldzikowski, Sr. Resource Mgmt Specialist Land and Facilities Services  Michael Jurich, Acting Land and Facilities Manager  Elaina Cuzick, Senior Property Management Specialist  Craig Beckman, Area Superintendent GRANTS PROGRAM STRATEGIC PLAN CONSULTANTS  Tina Stott, Stott Planning Associates  Donna Fletcher, Mission Driven Visitor Services  Matt Anderson, Manager Public Affairs  Cydney Bieber, Acting Manager  Josh Hugg, Governmental Affairs Specialist Budget and Analysis  Carmen Narayanan, Manager Human Resources  Candice Basnight, Manager  Alicia Gonzales, Human Resources Supervisor Information Systems and Technology  Garrett Dunwoody, Manager  Casey Hiatt, GIS Program Manager Finance  Andrew Taylor, Manager Acknowledgements Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan page i Acknowledgments Chapter 1 Introduction ................................................................................................................. 1 1.1 Background .................................................................................................................................................................. 1 Midpeninsula Regional Open Space District ..................................................................................................... 1 Grants History ........................................................................................................................................................ 1 1.2 The Grants Program ................................................................................................................................................... 1 Purpose .................................................................................................................................................................... 1 What is a Grant?..................................................................................................................................................... 2 Accomplishments To Date .................................................................................................................................. 2 1.3 Grants Program Strategic Plan .................................................................................................................................. 3 Goals ........................................................................................................................................................................ 3 Desired Outcomes ................................................................................................................................................. 3 Strategic Plan Overview ........................................................................................................................................ 3 Strategic Plan Elements ........................................................................................................................................ 3 1.4 Guiding Documents.................................................................................................................................................... 4 Strategic Plan and Annual Updates ..................................................................................................................... 4 Vision Plan .............................................................................................................................................................. 4 Measure AA Priorities ........................................................................................................................................... 5 Capital Improvement and Action Plan .............................................................................................................. 5 1.5 Planning Process .......................................................................................................................................................... 5 1.6 Key Findings and Best Practices ............................................................................................................................... 5 Chapter 2 Grants Program Assumptions 2018-2021 .................................................................................... 6 2.1 Structure and Staffing ................................................................................................................................................. 6 2.2 Funding Sources .......................................................................................................................................................... 7 2.3 Project Priorities .......................................................................................................................................................... 7 2.4 Projections and Data Collection ............................................................................................................................... 8 2.5 Principles For Maximizing Potential Grant Revenue ............................................................................................ 8 Chapter 3 Structure & Staffing ................................................................................................... 10 3.1 Reporting Relationship ............................................................................................................................................. 10 3.2 Roles and Responsibilities ........................................................................................................................................ 10 Grants Specialist ................................................................................................................................................... 10 Departmental Managers ...................................................................................................................................... 12 Executive Team.................................................................................................................................................... 13 Budget/Finance/Legal/Public Affairs/IT ...................................................................................................... 14 Program Assistant ................................................................................................................................................ 15 Board of Directors ............................................................................................................................................... 15 Contract Grant Writers ....................................................................................................................................... 16 Contract Lobbyist ................................................................................................................................................ 16 3.3 Staffing Scenarios and Benchmarks ....................................................................................................................... 17 FY2018-19 and FY2019-20 ................................................................................................................................ 17 FY2020-21 ............................................................................................................................................................ 18 Table of Contents Attachment 1 page ii MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan Chapter 4 Funding Sources & Priority Projects .............................................................................. 19 4.1 Funding Sources ........................................................................................................................................................ 19 Funding Research ................................................................................................................................................ 19 Public Funding ..................................................................................................................................................... 20 Private .................................................................................................................................................................... 21 4.2 Priority Projects ......................................................................................................................................................... 21 Chapter 5 Criteria & Measures of Success ................................................................................... 22 5.1 Criteria for Determining Grant Priority Projects For inclusion in the Annual Work Plan ........................... 22 5.2 Criteria for Grant Identification .............................................................................................................................. 23 5.3 Criteria for Go/No Go Decisions .......................................................................................................................... 23 5.4 Grants Program Metrics/Measures of Success .................................................................................................... 24 Chapter 6 Recommended Policies & Procedures .......................................................................... 25 6.1 One Time Recommendations ................................................................................................................................. 25 6.2 Ongoing Processes and Procedures ....................................................................................................................... 27 Chapter 7 Revenue & Expense Projections 2018-2021 .................................................................. 32 7.1 Expense Assumptions .............................................................................................................................................. 32 7.2 Potential Revenue Scenarios .................................................................................................................................... 32 Appendix 1 Findings & Strengths, Weaknesses, Opportunities & Threats ........................................ 35 Audit Findings ................................................................................................................................................................... 35 Departmental Interview Findings ................................................................................................................................... 36 External Interview Findings – Best Practices ............................................................................................................... 38 Strengths, Weaknesses, Opportunities & Threats ....................................................................................................... 38 Strengths ................................................................................................................................................................ 38 Opportunities ....................................................................................................................................................... 39 Weaknesses ........................................................................................................................................................... 39 Threats ................................................................................................................................................................... 40 Appendix 2 Grants Workflow Diagrams......................................................................................... 41 Internal Workflow: Grant Identification and Application ............................................................................ 42 Internal Workflow: Grant Award and Acceptance ........................................................................................ 43 Internal Workflow: Grant Lifecycle .................................................................................................................. 44 Internal Workflow: Grant Reimbursement ..................................................................................................... 45 Internal Workflow: Grant Amendment ........................................................................................................... 46 Table of Contents Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan page 1 1.1 BACKGROUND MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Established 46 years ago, Midpeninsula Regional Open Space District (District) is an independent Special District that has protected 63,000 acres of public land in Santa Clara, San Mateo and Santa Cruz Counties. The District also manages 26 open space preserves and 238 miles of trails that host over two million visitors per year. The District’s three areas of focus are regional open space greenbelt preservation; protection and restoration of the natural environment; and public access and education. The majority of the District’s funding comes from property tax revenues ($47 million). Measure AA, approved by voters in 2014, provides $300 million in bond funding over 30 years for 25 Measure AA Portfolios focused on public access, restoration and land conservation. Other revenue for District projects and programs comes from three additional sources – grants, acquisition discounts, and donations of funds and property – with grants averaging about 2.5 percent of annual revenue. GRANTS HISTORY Prior to 2016, District project staff identified, wrote and managed grants. Grants secured from 1989 to 2010 for acquisition and development, resource management, and restoration totaled approximately $50 million. Between 2012 and 2018, grant revenue averaged approximately $1.2 million per year, with the majority of the grants supporting land acquisition and capital projects. Following the passage of Measure AA, grant revenue dropped due to increased staff focus on implementing the bond-funded projects. 1.2 THE GRANTS PROGRAM PURPOSE Recognizing the need to strengthen its grants capacity, the District established a centralized Grants Program in late 2016. In early 2017 it hired a Grants Specialist to build the Program. The Grants Program is intended to be a long- term investment that will both leverage and augment District funding, and help fill the gap between the original benchmark Measure AA conceptual cost estimates and present-day cost estimates refined by District staff. Having a centralized program serves several purposes: it transfers much of the burden of identifying, developing and tracking grants from project staff; it begins to build a District-wide culture of grant-seeking; and provides the opportunity for a long-term focus on revenue generation from grants. CHAPTER 1 INTRODUCTION Attachment 1 page 2 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan In addition to seeking grants, the Grants Program is also responsible for the District’s Grantmaking Program. This program will grant $250,000 in grants on an annual basis to partner agencies and organizations. Funding through a previous version of this Program was occasionally available in lesser amounts for conservation-related academic research in District preserves. The updated program will expand both the amount of funding available and the eligible categories of funding. WHAT IS A GRANT? Funds generated and tracked by the Grants Program fall into four categories: Public agency grant funding, secured by the District, for District projects and programs Private foundation or corporation grant funding, secured by the District for District projects and programs Public or private grant funding, secured by another agency or organization, where the District provides a financial match or project support to complete a District and/or partner priority project or program Public or private grant funding, secured by the District where partners provide additional funding to complete a District and/or partner priority project or program Grant payments can be received in one lump sum or can be distributed over the life of the grant based upon the District submitting reimbursement requests for time and/or expenses incurred, and the grantor providing reimbursement for eligible work accomplished. The Grants Program does not work with landowners to seek property donations or discounts – this is the role of the Real Property Department– nor does it seek funding from individual donors. Individual donations are processed through the Public Affairs Department. Occasionally funding agreements occur in which an agency provides funds to the District to complete a project. These funds are coordinated through the department that is managing the project and the Grants Program is available to provide assistance in monitoring the expenditure and tracking for those funds. ACCOMPLISHMENTS TO DATE The Grants Program was established and the Grants Specialist was hired in early 2017. Since that time, the Grants Program and Grants Specialist have accomplished the following: Developed AmpliFund, a grant management database to track public and private grant opportunities and grants awarded Identified procedures and roles related to grant identification and application, grant awards, grant amendments and reimbursements, and grant monitoring and administration Summarized opportunities for legislative grant funding (Prop 1, SB 1, SB 5, and Coastal Conservancy) to provide information to staff about sources of potential funding Provided ongoing staff education and training to integrate grants into existing priorities, workflow, and budgeting Worked collaboratively with District departments to review potential grant opportunities and submit nine grant applications over 15 months that resulted in six successful grants/Memorandums of Understanding (MOUs) totaling $2.5 million Furthered partnership/external relationship-building with the Bay Area Trails Collaborative, California Landscape Stewardship Network and the Wildlife Corridor Working Group 1. Introduction Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan page 3  Participated in state agency meetings to build awareness of District priorities among potential funders in advance of seeking Prop 68 funding  Managed the Grants Program Strategic Plan process  Created project and issue-based factsheets and a funder/partner brochure to inform potential funders about key projects and facets of the District’s work related to climate action, watersheds, healthy forests and regional trails. 1.3 GRANTS PROGRAM STRATEGIC PLAN In early 2018 the District initiated the development of this Grants Program Strategic Plan (Strategy). This Strategy will guide the Grants Program over the coming three years (FY2018-19 through FY2020-21). The goals and desired outcomes of the Strategy are identified below. GOALS  Increase public and private grant funding;  Increase the ability for the District to leverage funds;  Embed the value and importance of the Grants Program in supporting the District’s long-term financial success across all levels of the organization;  Strengthen each staff member’s skills and individual role in the Grants Program while ensuring adequate time is built into future project plans to secure grants; and  Expand the District’s funding partnerships and collaborations while honoring existing partner relationships with outside funders. DESIRED OUTCOMES  A comprehensive three-year Strategy that includes grant revenue and expense projections, key actions, timing, resources, responsibilities and measures of success.  A clear process for identifying and prioritizing projects and programs that are grant-worthy.  A protocol for identifying, evaluating and seeking grants.  Annual targets for grant funds received.  An approach to building relationships with funders and partner organizations.  Methods to foster internal alignment around the Strategy and engage project staff throughout the grant’s life cycle. STRATEGIC PLAN OVERVIEW This Strategy is designed to guide the District in building the Grants Program over time, particularly in the areas of staffing, funding expectations, and internal systems and communications. It is also designed to streamline grant processes and leverage staff expertise and knowledge while minimizing staff time spent on grant research, writing and reporting. The Strategy provides direction at both the strategic and tactical levels so that future Grants Specialists can understand both the rationale for the Strategy and the nuts and bolts of implementing it. This ensures optimum knowledge transfer and the continued growth and evolution of the Grants Program, regardless of individual staff. 1. Introduction STRATEGIC PLAN ELEMENTS 1. Introduction 2. Grant Program Assumptions 2018-2021 3. Structure and Staffing 4. Funding Sources and Priority Projects 5. Criteria and Measures of Success 6. Recommended Policies and Procedures 7. Revenue and Expense Projections 2018- 2021 Attachment 1 page 4 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan The Strategy is a living document and is intended to be reviewed and updated annually as the Grants Program grows and evolves; new systems are put in place; procedures are evaluated and adapted; and annual work plans are developed, implemented and evaluated. It is anticipated that the Strategy will be completely revised in four years, after the Grants Program is well-established. The Strategy includes hyperlinks to relevant Strategy sections that provide further explanation or definition of responsibilities, procedures or criteria. 1.4 GUIDING DOCUMENTS Broad project priorities for the Grants Program are informed by the District’s four key planning initiatives: STRATEGIC PLAN AND ANNUAL UPDATES In 2011, the District adopted a 15- to 20-year District-wide Strategic Plan to provide it with the flexibility, foresight and means to succeed in realizing the following goals: PRESERVING OPEN SPACE The Strategic Plan’s goals for regional open space greenbelt preservation include expanding protected land to enhance biodiversity, climate change resilience, and scenic and rural character; protecting and stewarding watershed lands; linking preserved lands for habitat and people; and supporting working farms and ranches. PROTECTING AND RESTORING THE NATURAL ENVIRONMENT Goals related to environmental protection and restoration include water quality management; implementing management practices that benefit sensitive species and their habitats; managing wildfire to become a more natural component of the ecosystem while minimizing its negative effects; connecting the diversity of habitats; and protecting cultural resources. PROVIDING PUBLIC ACCESS AND EDUCATION The third component of the Strategic Plan focuses on increasing public access; creating linkages; providing natural and cultural resource education; ensuring safe, clean and inviting preserves; and engaging communities in ongoing conservation. The Strategic Plan is reviewed annually to track progress toward goals, changes in the built and natural landscape, and trends and demographics that alter prior assumptions. The Strategic Plan serves as the foundation for the District’s annual Capital Improvement and Action Plan. VISION PLAN In 2012, the District celebrated its 40th anniversary and recognized that its traditional focus on acquiring land needed to be expanded in the face of changing demographics, social values and priorities. To systematically arrive at a strategic course for the future, the District launched Imagine the Future of Open Space, an 18-month vision process to engage the community in a meaningful and structured conversation about the preservation and use of District open space; to assess critical opportunities for conservation within District boundaries; and to develop a regional vision for open space. From this process, 54 Priority Action Portfolios were identified that focused on land protection, habitat restoration and low-intensity recreation. The 54 Priority Action Portfolios were prioritized by the public and approved by the District’s Board of Directors in January 2014. This resulted in 25 high priority project portfolios that served as the basis for the Measure AA ballot initiative in June 2014. The 29 remaining Vision Plan portfolios will be completed as time and resources allow. 1. Introduction Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan page 5 MEASURE AA PRIORITIES Measure AA is a $300 million general obligation bond approved in June 2014 by over two-thirds of voters living within the District’s service area. Proceeds from bonds, are sold in a series over approximately the next 20-30 years, and will be used to:  protect natural open space lands  open preserves or areas of preserves that are currently closed  construct public access improvements such as new trails and staging areas  restore and enhance open space land, which includes forests, streams, watersheds, and coastal ranch areas Measure AA is focused on the top 25 Measure AA Portfolios identified in the Vision Plan. These project portfolios are phased over the life of the bond. Measure AA projects, along with the Vision Plan projects, provide the basis for the annual Capital Improvement and Action Plan. CAPITAL IMPROVEMENT AND ACTION PLAN Each year the District develops its Capital Improvement and Action Plan that establishes project priorities, staffing and resource needs for the coming year. The document highlights the key projects the District will focus on in the coming year and also includes a three-year capital improvement needs assessment. These one- and three-year projections provide a broad set of priorities for grant-seeking. 1.5 PLANNING PROCESS The Grants Program was established in December 2016 as a centralized hub for coordinating public and private grant-seeking under the purview of a Grants Specialist. The program was developed to optimize the District’s ability to secure grant funding, collaborate with its partners, and leverage Measure AA funding and tax revenues. In April 2018, the District retained consultants to work with District staff and Board members to develop a comprehensive Strategy that defines the structure, systems and procedures of the newly created Grants Program. The planning process to develop the Strategy included the following steps:  Review of background data and information  Interviews with the District’s General Manager, Assistant General Managers, Department Managers and departmental teams to elicit their ideas and concerns (see Appendix 1)  Review of past and current grants processes and procedures, resulting in a Grants Program Audit that summarizes significant findings (see Appendix 1)  Interviews with Grants Program staff from other agencies and nonprofit organizations to elicit best practices and lessons learned (see Appendix 1)  Regular meetings with the District’s Project and Management Teams to secure guidance and direction 1.6 KEY FINDINGS AND BEST PRACTICES Key findings from the interviews, audit and the best practices of other agencies are included in Appendix 1. A separate report containing all findings derived from the audit and internal and external interviews is available on the District’s server or from the Grant Specialist. 1. Introduction Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan page 6 The following assumptions will guide the grants program for the coming three years – from FY2018-19 through FY2020-21. 2.1 STRUCTURE AND STAFFING  In order to maximize grant funding, the staff capacity of the Grants Program will be expanded over time to include outside contractors and additional staff. Benchmarks will be developed to identify how scaling will occur.  In order to maximize income and the potential to secure funding from existing and new public funding sources, the Strategy assumes the near-term hiring of contract grant writers to assist the Grants Specialist in matching projects to funding sources and writing grants, as well as expanding the role of the District’s lobbyist to position the District for maximum success with Prop 68 funding and the potential Water Bond funding in November 2018. The lobbyist’s role will be reviewed after two years and is likely to diminish as grant guidelines and criteria are established at the State level.  The Grants Specialist will track the time spent on the various elements of the job to understand how much more time becomes available as the Grants Program becomes fully functional. Ultimately, the Grants Specialist’s time will be allocated as follows: 50% on grant-seeking, 20% on the Grantmaking Program, 15% on managing active grants, and 15% on program coordination.  The Grants Specialist will have more time for grant-seeking in FY2019-20 as the Grants Program is established and the Strategy is complete and implementation underway. In FY2019-20, the Grants Specialist will focus on implementing the immediate recommendations in the Strategy, including developing key policies, and establishing the Grantmaking Program. In FY2019-20, it is expected that the Grants Specialist will spend approximately 40% of her time seeking grants. In 2020-21, the Grants Program will be fully established with all policies and recommendations completed and the Grants Specialist will be able to devote 50% of the time available to grant-seeking.  Twenty percent of the Grants Specialist’s time will be focused on the District’s Grantmaking Program. This program provides an opportunity for the District to build and strengthen external partnerships.  The District will allocate time to key departmental staff to assist with identifying and evaluating potential grants and projects; informing go/no-go decisions; developing grants for projects and programs in their departments; and participating in post-award activities, including audits, reimbursements and progress reports. CHAPTER 2 GRANTS PROGRAM ASSUMPTIONS 2018-2021 Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan page 7  Department managers will sign off on final grant proposal language.  The Grants Program will remain centralized and will not return to the prior model where each department was responsible for identifying, developing and tracking its own grants.  There is a point at which adding more staff will not result in significantly more revenue. There is a limited pool of large funders and these funders, especially public funders, allocate their funding to many qualified recipients. Additional staff may allow for many more grant applications but may not result in an exponential increase in funds. 2.2 FUNDING SOURCES  In order to leverage time and staff resources, in the coming three years the Grants Program will focus primarily on securing state grant funding (including Prop 68, California Climate Investments, and Water Bond should the measure pass in November 2018) and local funding (including Santa Clara Valley Water District and others).  Foundation and corporate funding opportunities will be identified, evaluated and applied for based upon the criteria in Chapter 5.2.  Corporate grant-seeking can be implemented once Board-defined policies for accepting corporate grants are approved. (see Chapter 6.1B)  Federal funding opportunities will be identified, evaluated and applied for based upon the criteria in Chapter 5.2.  The Grants Program will not actively seek or track funds from individual donors; this will remain with the Public Affairs Department. 2.3 PROJECT PRIORITIES See Chapter 4.2 for more discussion on priority projects and Chapter 5.1 for criteria to determine grant priority projects for inclusion in the Grants Specialist’s annual Work Plan.  The annual priorities established in the Capital Improvement and Action Plan are the broad set of priority projects for the coming year. Criteria in Chapter 5.1 will guide the identification of the subset of these projects where grant funding is most suitable.  Measure AA projects will take priority over non-Measure AA projects.  Grant opportunities will be evaluated using the criteria in Chapter 5.2 for potential revenue, alignment with Capital Improvement and Action Plan priorities, grant restrictions, and reporting requirements.  The potential for grant funding will be considered as part of the annual Capital Improvement and Action Plan process. (See Chapter 6.2A)  If a grant opportunity arises that suits a project that is planned for a future year, the District may shift the priority/timing of that project in order to avail itself of the opportunity.  As a general rule, grants for new projects, not included in Measure AA and the Vision Plan, may be considered with the approval of the General Manager on a case-by-case basis. These include projects that involve working with partners on regional priorities. Grants will support District projects rather than drive District projects. 2. Assumptions 2018-2021 Attachment 1 page 8 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan 2.4 PROJECTIONS AND DATA COLLECTION See Chapter 7 for more discussion on potential Revenue Projection Scenarios based upon different revenue assumptions.  The Grants Strategy is being developed in a period of economic strength where the opportunities for receiving grant funding may be higher than they would be in an economic downturn. Foundations have significant funds to invest, and state voters recently passed Prop 68, which funds parks and open space, and may also pass the Water Bond in November 2018. Although the Grant Program processes and procedures remain the same in good times and bad, revenue projections are based upon seeking grants in the current economy and revenue may be lower during a downturn.  The first 18 months of the Grants Program have been focused on establishing the processes, procedures and systems for a centralized program and developing the Strategy. Because of this, grant data collected for these first 18 months does not necessarily reflect the full potential of the Grants Program when the Grants Specialist is fully focused on grant-seeking.  Continued data collection is critical to understand the year over year success of the Grants Program. Following each year of data collected, projections will be revised to reflect a combination of prior year activity and successes, grant funding potential, new grant funding opportunities, and projects that may reflect an unusual opportunity for private or public funding.  The overall goal is for grant revenue to increase year over year acknowledging that total grant funding awarded can vary dramatically from year to year and is difficult to predict. Therefore, average annual grant revenue from prior years will be used to establish goals for grant revenue in the coming year. Revenue projections for FY2018-19 will be based upon the data collected during FY2017-18 with revenue projected to increase by 25%. Projections for FY2019-20 will be based upon the data collected during the first 24 months of the program with revenue projected to increase by 25%. Projections for FY2021-21 will be based upon the prior 36 months of data with revenue again expected to increase by 25%. These projections will be adjusted annually as part of the Work Plan development process (Chapter 6.2E) to reflect actual grant income. (See Chapter 7)  To guide Strategy implementation, the Grants Specialist will develop an annual Work Plan with input from Department Managers and senior leadership that identifies target grants to be sought, key projects, and the revenue projection for the year based upon total revenue sought and average revenue received over the prior three years. (See Chapter 6.2E)  Annual grant revenue generated will be calculated based upon the total dollar amount of grants awarded each year because once grants are received they can be paid out over a number of years.  Although average annual grant revenue will be tracked and reported on annually, the Grants Program and the Grants Specialist will be evaluated on metrics other than income, including year over year increases in revenue; Grants Program rate of return; success rates (number of grants applied for and number of grants received); number of new funders and size of grants received; and internal satisfaction with the program as measured by data collected in the annual administrative survey. (See Chapter 5.4) 2.5 PRINCIPLES FOR MAXIMIZING POTENTIAL GRANT REVENUE The grants process is highly competitive and funding is never guaranteed. However, there are a number of ways that the District can position its projects and programs to increase the likelihood that the District’s grant 2. Assumptions 2018-2021 Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan page 9 applications are as competitive as possible. Broad considerations that make projects (and agencies) most desirable to funders and therefore help the District to be most competitive for grant funding include:  Packaging its work and projects into themes that convey environmental impact rather than just discrete project outcomes. Current themes that are compelling to funders include climate adaptation, partnerships, forest health and fire prevention, and increasing access for underserved communities.  Demonstrating responsiveness to, and awareness of, state and local priorities. These priorities may be part of the themes described above but may also reflect narrower themes and areas of importance.  Building funder awareness about the District, its guiding themes and the key projects within those themes. Ongoing engagement with both current and potential funders is essential to increasing this awareness as grant success often stems from relationships with funders.  Creating a district-wide understanding of the Grants Program, including themes, upcoming grant possibilities and project priorities will help staff and board be aware of potential funding opportunities, and increase the potential for securing grant income. This not only helps develop a culture of grant-seeking where everyone becomes an advocate for the grants program, but also increases overall understanding of the District’s priorities, programs and partnerships.  Cultivating an engaged public that understands and supports the work of the District can also help position the District for future funding. Community awareness of the value of the District’s work garners positive press and future support for District endeavors. 2. Assumptions 2018-2021 Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan page 10 The following chapter details the current and proposed staff capacity of the Grants Program and the roles and responsibilities that different departments within the District will have in relation to the Grants Program. 3.1 REPORTING RELATIONSHIP The Grants Program is located within the Administrative Services Department and the Grants Specialist reports to the Chief Financial Officer (CFO). In the future, additional staff and/or contractors hired to assist the Grants Program will report to the Grants Specialist. 3.2 ROLES AND RESPONSIBILITIES The Grants Program is directed by the Grants Specialist with support from departmental project staff, Senior Leadership, the Board, and the Budget, Finance, Legal, Public Affairs and Information Technology Departments. In the short term, it is assumed that the Grants Specialist will be assisted by contract grant writers and a contract lobbyist. In the future, these activities may be moved in-house and additional staff may be hired to serve the Grants Program. The Grants Program is responsible for identifying, seeking and managing external grants to the District and managing the District’s Grantmaking Program. The Grants Program does not seek, manage or track District funding related to land discounts or donations of land or funds from individuals. For each role identified below, primary responsibilities related to the Grants Program are described along with implementation timing. For certain responsibilities, implementation information is included in other chapters of the Strategy. Where this is the case, the relevant chapters are noted. GRANTS SPECIALIST The Grants Specialist directs the Grants Program and is responsible for its management, implementation, evaluation and results. The Grants Specialist’s responsibilities may evolve over time as staff or consultants are added to the Program. The Grants Specialist works closely and collaboratively with Project Managers, the Executive Team and each department to ensure that the Grants Program is well-integrated into District operations. PRIMARY RESPONSIBILITIES Ongoing/As-Needed beginning September 2018  Set strategy and direction for the Grants Program  Research and identify grants (See Chapter 4.1 and Chapter 5.2)  Develop grant fact sheets to share with staff CHAPTER 3 STRUCTURE & STAFFING Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan page 11  Identify grant-worthy projects in conjunction with District staff (See Chapter 5.1)  Support the creation of summary funding plans for each priority project in collaboration with Project Managers, Finance, Budget and Analysis, and others (See Chapter 6.2F)  Develop and submit three to six grant applications quarterly with support from project staff and consultants.  Share grant wins with District leadership, staff and public affairs. (See Chapter 6.2B)  Manage active grants  Develop themes that convey the grant-worthiness of a project or group of projects to funders with input from the Executive Team, Project Managers and department staff. (See Chapter 6.2G)  Update AmpliFund, the District’s grants tracking software, to track when grants are submitted and received, and when reports for existing grants are due and submitted (See Chapter 6.2C)  Develop a Grants Program dashboard to track and report on Grants Program overall progress (See Chapter 6.2D)  Develop new and maintain existing public and foundation funder relationships (See Chapter 6.2J)  Manage the District’s Grantmaking Program (See Chapter 6.1A)  Supervise and direct Grants Program consultants and staff  Work with the District lobbyist to provide key project and District information to key funders and build a case for funding District projects from Prop 68 and other state funding sources  Assist in drafting comment letters on grant guidelines  Facilitate external communications and relationships about the Grants Program, including securing permission from funders to publicize grant awards  Stay abreast of legislative and tax issues that relate to grants  Assist departments with tracking grant requirements that project managers must implement (e.g., grantor signage installed at project site) Quarterly beginning September 2018  Meet with General Manager  Participate in the Budget and Finance team meetings Annually beginning June/July 2019  Prepare for and participate in Grants Program annual evaluation (See Chapter 6.2H)  Prepare a grants calendar and annual Work Plan for the upcoming fiscal year, reflecting priority projects for grant funding, funding sources and funding amounts. Review and coordinate with appropriate Department Managers. Approved by CFO and Senior Leadership (See Chapter 6.2E)  Disseminate calendar and Work Plan to Management and project staff  Discuss Work Plan priorities with project staff at July bi-annual meetings, gather information for grants research, identification and writing  Prepare Grants Program annual report for Senior Leadership and Board detailing results, successes, revenues and expense, significant findings, and trends  Provide annual data about the Grants Program to Budget and Analysis for use in the annual District accomplishments report and the Bond Oversight Committee Report.  Provide Grants Program update to the Board 3. Structure & Staffing Attachment 1 page 12 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan Annually October to March beginning October 2018  Participate in the annual Capital Improvement and Action Plan development process (See Chapter 6.2A)  Participate in Project Planning and Delivery meetings in September (Current Year Projects) and October (Upcoming Projects) Twice Yearly beginning in September 2018  Internally communicate about Grants Program to staff by meeting at least twice-yearly with the Planning, Real Property, Natural Resources, Engineering and Construction, Land and Facilities, Visitor Services and Public Affairs departments and the Management Team. Communicate grant opportunities, secure updates/changes on projects, discuss status of Work Plan implementation and successes to date. Frequency and type of meeting is dependent on department size, number of projects and potential grant opportunities. Where possible, meetings should occur as part of regularly scheduled meetings. One-Time – timing as noted  Roll-out the Grants Program Strategic Plan to District departments (Fall 2018) (See Chapter 6.1F)  Develop six-month Work Plan (September 2018) (See Chapter 6.2E)  Develop Board Grant Approval Policy (October 2018) (See Chapter 6.1C)  Develop Grantmaking Program Board and administrative policies and guidelines (October 2018) (See Chapter 6.1A)  Develop Funder Agreement Policy (June 2019) (See Chapter 6.1B)  Develop Grant Contract Routing Process (June 2019) (See Chapter 6.1D) DEPARTMENTAL MANAGERS The Grants Specialist will identify grants for projects within each of the District’s departments with a focus on those with the largest capital funding needs. Department Managers are expected to facilitate opportunities for the Grants Specialist to meet with their departments to allow the Grants Specialist to share grant opportunities and build an understanding of key projects suitable for grant funding. PRIMARY RESPONSIBILITIES AND TIMING Ongoing/As-Needed beginning September 2018  Provide project information for grants and grant reports  Write or assign to subject matter experts technical portions of grant applications  Review final grant applications  Relay any grant-related leads or information from external partners to the Grants Specialist  Make the Grants Specialist aware of relevant external meetings and tours with potential funders  Participate in, and engage departmental staff in, the development of methods to convey the grant- worthiness of a project or group of projects to funders (See Chapter 6.2G)  Support the creation of summary funding plans for each priority project in collaboration with Project Managers, Finance, Budget and Analysis, and others (See Chapter 6.2F)  Assist in evaluating individual grant opportunities  Track active grant budgets and relay information about changes to Grants Specialist  Approve reimbursements and progress reports prior to submittals to grantors  At least twice annually, involve Grants Specialist in either a regularly-scheduled department meeting or a meeting with key project managers to share information on programs and projects, updates on 3. Structure & Staffing Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan page 13 changes to projects that are currently grant funded, and to build departmental understanding of public and private funding opportunities.  In cases where the District has approved funding to other entities, manage the funding agreements in AmpliFund with support from the Grants Specialist, if needed. EXECUTIVE TEAM The Executive Team includes the General Manager (GM), the two Assistant General Managers (AGMs) and the CFO. The Executive Team plays a critical role in supporting the Grants Program and building a culture of grant-seeking within the District where everyone plays a role in supporting the grant-seeking process. PRIMARY RESPONSIBILITIES AND TIMING Ongoing/As-Needed beginning September 2018  Promote and support the Grants Program and its priorities to staff (GM/AGMs/CFO)  Participate with the Grants Specialist in external funder relationship-building (e.g., site visits, trips to Sacramento, etc.) (GM, AGMs)  Develop new funder relationships (GM, AGMs)  Make the Grants Specialist aware of relevant external meetings and tours with potential funders (GM, AGMs)  With the Finance and Budget and Analysis Departments, Project Managers, the GM and the Grants Specialist support the development of project funding plans (GM) (See Chapter 6.2F)  Provide input on high-level messaging about District priorities and areas of focus (GM, AGMs, CFO) (See Chapter 6.2G)  Provide support and mentoring of the Grants Specialist (GM/AGMs/CFO)  Participate in the go/no go decision for each grant (AGMs/CFO) (See Chapter 5.3)  Review and approve all grant applications (GM/AGMs/CFO) (See Appendix 2)  Approve all grant awards up to $50,000 (GM)  Provide additional resources, including contractors and staff, to scale the Grants Program when workload and grant opportunities indicate that more personnel are required (GM/AGMs/CFO)  Work with the Grants Specialist to celebrate grant wins both internally and externally (GM/AGMs/CFO) (See Chapter 6.2B)  Encourage a District-wide culture of grant-seeking, whereby every staff member understands the importance of securing grant funding for District projects and programs, and is encouraged to work collaboratively with the Grants Program, to convey grant related information and support grant applications (GM/AGMs/CFO)  Assess and provide additional resources, including contractors and staff, to assist Departments in implementing projects that are grant funded; or reprioritize Department work plan priorities in order to focus on implementation of grant-funded priorities. Provide additional project management resources to departments to implement grant-funded projects. Annually beginning in June/July 2019  As the Executive Team, conduct an annual evaluation of the Grants Program using the Measures and Metrics of Success to evaluate the prior year’s results, identify any changes to the Grants Strategy, and build the Grants Specialist’s Work Plan for the coming year (GM/AGMs/CFO) (See Chapter 6.2E) 3. Structure & Staffing Attachment 1 page 14 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan Annually October to March beginning October 2018  As part of the annual budgeting and resource-loading process, assign time for departmental project staff to participate in the grants process (GM/AGMs/CFO) Twice-Yearly beginning September 2018  Provide the opportunity for the Grants Specialist to provide Grants Program updates and build an understanding of District projects and programs to the Management Team. (GM/AGMs/CFO) BUDGET/FINANCE/LEGAL/PUBLIC AFFAIRS/IT The Budget and Analysis Department develops the annual Capital Improvement and Action Plan and develops the annual District accomplishments and Bond Oversight Committee report. The Finance Department processes grant reimbursement checks. The Legal team reviews all grant agreements to ensure that the District can comply with the grant requirements and that there are no conflicts with District policies or procedures. Public Affairs is responsible for external communications about the District, including announcing grant wins and projects on the District’s website and managing legislative affairs. Information Technology supports Grants Program technology including AmpliFund. PRIMARY RESPONSIBILITIES AND TIMING Budget and Analysis Department Ongoing/As-Needed beginning September 2018  Track grant revenue in AmpliFund and incorporate into the annual budget  Review fiscal impact of grant income  With the Finance Department, Project Managers, the GM and the grants specialist, develop project funding plans (See Chapter 6.2F)  Update the Capital Improvement and Action Plan project evaluation criteria to include grant criteria. (See Chapter 6.1F)  Include annual Grants Program outcomes in the annual District accomplishments report and the Bond Oversight Committee Report. Annually October to March beginning October 2018  Include Grants Specialist in the Capital Improvement and Action Plan development meetings to equip Grants Specialist with the information needed to build the Grants Program’s annual Work Plan and communicate priorities with departments. (See Chapter 6.2A) Finance Department Ongoing/As-Needed beginning September 2018  Process grant payments  With the Budget and Analysis Department, Project Managers, the GM, Assistant General Managers and the Grants Specialist, develop project funding plans (See Chapter 6.2F) Legal Department Ongoing/As-Needed beginning September 2018  Review grant agreements prior to submitting grant applications and provide feedback on whether the District should apply for the grant and advise on what legal concerns may be associated with grant conditions  Review and approve all contracts before signing Public Affairs Department Ongoing/As-Needed beginning September 2018 3. Structure & Staffing Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan page 15  Communicate externally about grant wins and projects receiving grant funding (upon grant award)  Review communication requirements of grants (upon grant award)  Provide direction on high level messaging related to District and projects  Assist in developing external communications tools, including brochures and fact sheets  Filter down relevant legislative news  Manage individual donations  Ongoing coordination between legislative affairs and grants program about program intersection Information Technology Department Ongoing/As-Needed beginning September 2018  Maintain and support AmpliFund  Support Grants Program Sharepoint implementation Fall 2018  Develop and implement policy and procedures to certain information that is needed to develop grant proposals to be stored on the District server (See Chapter 6.1E) PROGRAM ASSISTANT The Program Assistant would be a District staff role supporting the Grants Program in general and the Grants Specialist in particular. This position would be recommended at the time the Grants Program workload is large and stable enough to merit the hiring of District staff rather than the use of contractors. The Program Assistant should have project management skills and be able to do some of the work that the Grants Specialist does, thereby removing day-to-day responsibilities from the Grants Specialist so that he/she may concentrate on identifying and securing additional grant funding. POTENTIAL RESPONSIBILITIES AND TIMING Ongoing/As-Needed upon hiring  Manage active grants, including tracking all deadlines for reporting and invoicing  Assist departments with tracking grant conditions that need to be implemented (e.g., grantor signage installed at project site)  Prepare all invoices for grant reimbursements and secure approval from departmental staff  Prepare draft grant applications and reports for review by the Grants Specialist  Edit, review and proofread grant applications and reports  Update and maintain AmpliFund, the District’s Grants Program database  Prepare draft staff reports and presentations for Board meetings  Manage the grant reporting and reimbursement process related to the District’s Grantmaking Program  Augment grant research and identification  Assist in Grantmaking Program  Assist in drafting comment letters BOARD OF DIRECTORS The Board provides the highest level of Grants Program oversight. One of the Board’s strategic priorities is ensuring the long-term financial sustainability of the District, with an objective being the pursuit of funding opportunities to augment existing funding. The Board approved the addition of the Grants Program in 2016 in order to increase the District’s ability to attract grant funding. 3. Structure & Staffing Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan page 17 PRIMARY RESPONSIBILITIES AND TIMING Ongoing/As-Needed beginning September 2018  Review all grant contracts over $50,000  Delegate authority to General Manager for execution of grant-related activities Annually in July  Grants Specialist updates Board on the Grants Program One-time – timing noted below  Review Board Grants Approval Policy. (Fall 2018) (See Chapter 6.1C) Annually October to March beginning October 2018  Establish priorities for grant funding through annual Capital Improvement and Action Plan process CONTRACT GRANT WRITERS Contract grant writers add capacity and technical expertise to the Grants Program when a grant proposal is technically complex or there are multiple proposals underway simultaneously. Contract grant writers are supervised by the Grants Specialist and can also provide general Grants Program support. Responsibilities will be assigned based upon the needs of the Grants Specialist. POTENTIAL RESPONSIBILITIES AND TIMING Ongoing/As-Needed beginning in Fall 2018  Draft grants  Conduct research into private and public funding opportunities  Draft grant reports  Attend meetings with District staff and funders if requested by Grants Specialist CONTRACT LOBBYIST Currently, Environmental and Energy Consulting (EEC) is the contractor that represents the District with legislators and agency representatives to ensure awareness of the District and its mission while also identifying public funding opportunities for District projects. The lobbyist is knowledgeable about guidelines governing Prop 68 and other public funding sources and will help the District understand how to best match projects with available funding. Key lobbyist tasks to be completed in concert with the Grants Specialist include identification of priority projects for public funding, establishment of target funding levels, evaluating probability of success, and informing policy makers about the District and its projects. Responsibilities will be mutually agreed upon annually based upon a proposed scope of work developed by the contractor and agreed to by the District. POTENTIAL RESPONSIBILITIES AND TIMING Ongoing/As-Needed beginning in September 2018  Provide monitoring and reporting on agency funding programs, guideline development, and solicitation releases.  Advise the District on how to build strong legislative relationships and champions, as well as agency relationships. Provide support in obtaining regular meetings with agency staff.  Provide project development and funding support with state agencies- especially related to Prop 68, California Climate Investments, and future bond investments.  Guide District on ways to translate projects into competitive applications.  Meet with state agencies and their program staff to understand project interests, as well as promote individual project awards. 3. Structure & Staffing Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan page 17 3.3 STAFFING SCENARIOS AND BENCHMARKS Findings from other Grants Programs indicate that a small investment in additional Grants Program capacity yields a greater return than could be expected from the Grants Specialist working alone. However, beyond a certain point additional capacity does not yield significantly more grant funding. Identifying the balance between the Grants Specialist working alone, having the support of contractors, and hiring additional staff will require ongoing evaluation of Grants Program capabilities and accomplishments. Consultants and external contractors are an ideal way to scale the Grants Program. Benefits of external support include lower costs due to the absence of overhead associated with their time, the addition of technical expertise, and because of their specialization, their ability to provide maximum support with less supervision than required for a staff person. The Grants Strategy assumes the following staffing scenarios for the coming two years. FY2018-19 AND FY2019-20 ASSUMPTIONS AND IMPLEMENTATION Grants Specialist In FY2018-19 and FY2019-20, the Grants Specialist will spend less time building the Grants Program and supporting development of the Strategy and will be able to dedicate approximately 40% time to identifying and applying for grants, and collaborating with District staff to identify potential grant-funded projects. Twenty percent will be spent building the Grantmaking Program, and the remaining time will be dedicated to other tasks identified above including implementation of the one-time recommendations in Chapter 6. Contractor Support In FY2018-19 and FY2019-20, the Grants Specialist will be supported by contractors to allow for maximum flexibility to respond to and create funding opportunities, identify and secure Prop 68 funding (and, if passed, Water Bond funding), and keep costs to a minimum. Two contractor types are recommended:  Lobbyist. It is recommended that EEC be retained to help the District match funding priorities with public funding sources, initially related to Prop 68 and California Climate Investments, and subsequently to the Water Bond, if passed. EEC knows the District and its programs and will enhance and expand the Grants Specialist’s understanding for securing bond funding. They will also accelerate the knowledge transfer required in training the Grants Specialist in public funding politics and the building of relationships with and awareness of the District among the people and agencies involved. It is recommended that EEC be contracted for two years as the funding from Prop 68 (and the Water Bond, if passed) is not likely to be awarded until at least 2019. The EEC contract will be evaluated at the end of FY2018-19 to determine whether the level of effort provided in FY2018-19 should be maintained in FY2019-20.  Grant Writing Contractors. Grant writing and reporting assistance will be provided by contract grant writers recruited by the Grants Specialist. They will have public and private funding experience and will be able to leverage the Grants Specialist’s time and increase the number of grants submitted. Implementation Timing Lobbyist. EEC is likely to be retained in fall 2018 to work with the Grants Specialist to build Prop 68 and other public funding opportunities. The suggested contract for FY2018-19 will be agreed upon and potentially resized annually. 3. Structure & Staffing Attachment 1 page 18 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan  Grant Writing Contractors. A request for proposals will be distributed in September 2018 to seek contract grant writers with the skills, interest, and flexibility to work with the District on an on-call basis. The goal is to create a stable of grant writers that can be deployed as needed when workload exceeds the Grants Specialist’s ability to respond quickly to grant opportunities, when a proposal needs more research or technical expertise, or a grant report needs completing. The estimated FY2018-19 cost for grant writers is $42,750 (three grant writers, $95/hour, 50 hours per year). FY2020-21 ASSUMPTIONS AND IMPLEMENTATION By FY2020-21, the Grants Specialist will be spending at least 50% time dedicated to grant-seeking and writing. After being supported by the District lobbyist and external grant writers for two years, the Grants Specialist and District management will need to evaluate whether the current staffing model is working or if changes to the existing model need to be implemented. This evaluation will occur as part of the evaluation of the Grants Program (see Chapter 6.2G) and Grants Specialist’s Work Plan. (See Chapter 6.2E) Changes to the staffing model could include reducing or increasing the lobbyist’s time and contract, hiring more or reducing the number of contract grant writers retained, hiring an internal Program Assistant, and/or another solution that becomes apparent as the Strategy is implemented. Key considerations related to scaling the staffing include:  Is the current model increasing its grant revenues and return on investment year over year?  Are the goals and actions set forth in the Grants Specialist’s Work Plan being accomplished or are there tasks left undone? If so, are these tasks something that could be taken on by another staff member, freeing up the Grants Specialist to seek more grants? Do the undone tasks require a full- time staff person or could a part-time contractor with grants expertise assist with some of these tasks, reducing the costs associated with additional staff?  Is the Grants Specialist spending an inordinate amount of time managing contractors and providing them information, impinging on the time that could be spent writing and seeking grants?  Based upon discussions with the lobbyist and the Grant Specialist’s experience, is the contract at the right size or could additional effort from the lobbyist yield greater results?  Is more support or different types of expertise needed from contract grant-writers? 3. Structure & Staffing Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan page 19 4.1 FUNDING SOURCES Two types of funding are considered in this Strategy – public funding (including federal, state and local government funding) and private funding from foundations and corporations. Private funding from individual donors is not considered as part of this Strategy. Funding sources will be identified through a combination of research and work with the lobbyist. FUNDING RESEARCH Funding sources and requirements change frequently. The sources identified below are current as of this writing but research into public and private funding opportunities should be conducted on an ongoing basis. Criteria for grant identification and selection are included in Chapter 6.2. AmpliFund has a grants search feature and the following websites are also helpful for conducting research. This list should be regularly reviewed and updated. Federal Grants: www.grants.gov. Federal, State, Local and Private Grants: Bay Area Focus (list updated annually): http://www.sfbayjv.org/funding-list.php California Natural Resources Agency Grants including California Department of Conservation, Energy Commission, Department of Fire and Forestry Protection, Department of Fish and Wildlife, State Parks, Department of Water Resources, and Wildlife Conservation Board, State Water Resources Control Board and the Coastal Conservancy (list updated regularly): http://resources.ca.gov/wp-content/uploads/2018/07/Final-Agency-Grants-and-Loans-as-of-July- 2018.pdf California Climate Investments: https://www.arb.ca.gov/cc/capandtrade/auctionproceeds/summary_appropriation2-15- 18.pdf?_ga=2.250596102.1466552817.1532960765-205258993.1517551879 Foundation Center grants research directory by subscription at: https://foundationcenter.org/ (Also available at the Los Altos Public Library).  Prop 68 – California Natural Resources Agency: http://bondaccountability.resources.ca.gov/(S(zdajug55psahdk45v25tftja))/ProgramList.aspx?Prop= 49&ChapterPK=all&ChapterName=Prop.%2068 CHAPTER 4 FUNDING SOURCES & PRIORITY PROJECTS Attachment 1 page 20 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan PUBLIC FUNDING FEDERAL Federal funding for parks and open space-related activities, including acquisition, restoration, and trails, comes from a variety of agencies and departments, including the Department of Agriculture/Natural Resources Conservation Service, the Department of Transportation, the Environmental Protection Agency, and others. Overall, there is less funding available from federal funding than in the past due to the current political climate, but this may change over the coming years. STATE State funding for park and open space-related projects is available through a number of state agencies including the California Department of Conservation, Energy Commission, Department of Fire and Forestry Protection, Department of Fish and Wildlife, State Parks, Department of Water Resources, Department of Food and Agriculture, and Wildlife Conservation Board, State Water Resources Control Board and the Coastal Conservancy. There are two key targets for state funding that will be the focus for the Grants Program in the coming two to three years. These are: California Climate Investments Revenues derived from California’s Cap and Trade Program are deposited into the Greenhouse Gas Reduction Fund to fund state programs designed to reduce greenhouse gas emissions and provide economic, environmental and public health benefits. The District has prioritized climate change as one of its action portfolios this year making this source of funding relevant. Proposition 68 Proposition 68 is a $4.1 billion statewide bond measure passed by voters in June 2018 that will provide funding for parks, water projects, flood protection projects and open space protection. Guidelines for Prop 68 funding will be developed in FY2018-2019. Funds will be disbursed through a number of different public agencies. Funding from Prop 68 will not become available until 2019 but guideline development and the application process will begin in late 2018. In general, bond funding breaks down as follows:  Parks and Recreation: $1.283 billion for neighborhood parks in low-income communities, plus city and county park facilities.  Natural Resources: $1.547 billion for conservation projects and climate change preparedness.  Water: $1.27 billion for drinking water treatment, groundwater clean-up and flood protection. Specific Funding Allocations for the Bay Area:  $21.25 million for San Francisco Bay Conservancy Program (Coastal Conservancy)  $20 million for restoration grants (Coastal Conservancy)  $14 million for the Ocean Protection Trust Fund (Coastal Conservancy)  County, city, and special district funding for local parks (per capita and other programs)  $3 million for Los Gatos Creek and Upper Guadalupe River (Natural Resources Agency)  $3 million for Russian River (Natural Resources Agency) 4. Funding Sources & Priority Projects Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan page 21 Water Supply and Water Quality Bond Act of 2018 (Possible Future Source of Funding) This bond measure will appear on the November 2018 ballot and, if passed, will invest $8.877 billion in California water infrastructure. Funds will benefit individual water users, agriculture and the environment, and include $3 billion for drinking water projects, $2.9 billion in watershed and fisheries improvement, and $940 million in habitat protection, with the rest going for groundwater storage, dam repairs and other water infrastructure. Other Potential Sources In addition to competitive grants, other sources of external revenue are also possible, including per capita funding from Prop 68, carbon credits, and mitigation credits through the state’s new Regional Conservation Investment Strategy program. Opportunities to leverage these non-traditional sources of external revenue are expected to become more widely available over time. LOCAL Santa Clara Valley Water District The Safe, Clean Water and Natural Flood Protection Program is a 15-year initiative launched in 2014 to provide funding to local grantees for water conservation, water quality, restoring wildlife habitat, and providing access to trails (among other things). $7.6 million was provided in the first five years of the program and a similar amount is planned for 2019 through 2023. The District has a current grant from the Santa Clara Valley Water District for invasive species removal. PRIVATE Private funding sources include foundations, corporations and individual donations. Individual donations are not part of this Strategy but and are managed and tracked by the Public Affairs Department. FOUNDATIONS In the past, the District has received funding from several local foundations, with the Gordon and Betty Moore Foundation providing the largest grants for land acquisition. Project Managers have long-standing relationships with these funders and can provide insight and advice regarding what foundation to approach. CORPORATIONS The District may have the opportunity to approach corporations for specific funding opportunities. Solicitations should follow the development of Board-approved policies regarding the public relations and public recognition aspects of being affiliated with specific corporations; public recognition requirements imposed by the corporation; and employee engagement programs requested in consideration for corporate funding. See Chapter 6.1B for development of a policy related to corporate funding. 4.2 PRIORITY PROJECTS The Capital Improvement and Action Plan and the Capital Improvement Plan dictate overall District priorities and provide the menu of possible grant-funded projects for each fiscal year. A subset of these projects will be identified as suitable for grant funding with Measure AA projects having the highest priority for grant-seeking. The criteria for selecting the projects that will be in the annual Grants Program Work Plan are provided in Chapter 6.1 of this Strategy. There are also 29 Tier 2 projects than can be funded through grants but have a lower priority than the 25 Measure AA projects. The Grants Specialist will make the lobbyist aware of these projects in the event that public funding opportunities arise. 4. Funding Sources & Priority Projects Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan page 22 Criteria for determining grant priority projects, for identifying grants, and for making go/no go decisions on a specific grant are closely interwoven and inter-related. Although grants can be identified without a project in mind, and projects can be deemed grant-worthy without a specific grant in mind, generally these two tasks are a back and forth process that results in a match between a grant and a project. Once this match has been made the ultimate decision needs to be made based on whether the project and the grant tell a compelling enough story to apply for the grant. Occasionally, a grant may surface that is well-suited for a project that is not included in the Grant Specialist’s Work Plan but is included as a Capital Improvement and Action Plan priority. In these instances, the grant and the potential project will be reviewed using the go/no-go criteria in Chapter 5.3. It should be noted that the evaluation of projects and grants is more of an art than a science. The criteria below will help senior leadership, project staff and the Grants Specialist discuss and evaluate projects and grants and identify the grants that have the highest potential for success. 5.1 CRITERIA FOR DETERMINING GRANT PRIORITY PROJECTS FOR INCLUSION IN THE ANNUAL WORK PLAN The Grants Specialist will work with departmental staff to identify the subset of the Capital Improvement and Action Plan projects to include in the Grants Specialist’s annual Work Plan in order to direct the Grants Specialist’s time toward mutually agreed-upon priorities. Grant-seeking will focus on this subset of projects for the coming one to three years. The criteria below can be used to weigh several projects against each other to help focus staff time and effort. Some criteria will not be applicable to certain projects.  Project is included in either the one-year Capital Improvement and Action Plan or the three-year Capital Improvement Plan  Project is a Measure AA project  Project has a significant budget gap  Project has significant visibility and public interest (e.g., Highway 17, Cloverdale, San Jose Water acquisition and resource management projects related to watershed, climate change and fire/forest health)  Project provides partnership opportunities, including working with partners on regional priorities CHAPTER 5 CRITERIA & MEASURES OF SUCCESS Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan page 23  Project increases access for underserved communities  Project reflects alignment with state and local priorities (e.g., watershed protection, climate adaptation, etc.)  Project reflects the District’s values, including those of transparency and being a responsible community partner 5.2 CRITERIA FOR GRANT IDENTIFICATION Preliminary research and identification of potential grants will be conducted by the Grants Specialist. When researching potential grants, the projects included in the annual Grants Program Work Plan have highest priority. However, those projects identified in the annual Capital Improvement and Action Plan and the three-year Capital Improvement Plan but not identified as priorities in the Grants Specialist’s annual Work Plan should also be kept in mind. There may be grants that are opportunistic – they are a good fit for a project that is not included in the Grant Specialist’s Work Plan but is an excellent fit with a key project. Criteria to be considered for all potential grants are:  Minimum public agency grant award is $100,000  Minimum corporate or foundation grant award is $25,000  Minimal and/or reasonable additional resource investment required for application and post- application requirements  Whether the value of the grant outweighs the grant restrictions, management efforts, and the staff capacity and costs related to execution of grant funded work, compliance and monitoring.  Availability of staff or consultant time for application and grant execution  Competitiveness of application/likelihood of receiving grant  Opportunity to forge new partnerships or deepen existing partnerships  Existing priority projects exist that fit the grant requirements 5.3 CRITERIA FOR GO/NO GO DECISIONS The go/no-go decision involves considering the grant and the project simultaneously and determining whether the grant and a project are a good fit and if so, whether a grant application should be submitted. Selecting grants and projects for application will be a joint process involving the Grants Specialist, Assistant General Managers, the CFO, relevant Department project staff and occasionally the General Manager. The Go/No-Go Process is outlined in Recommendation 6.2I. The evaluation process considers the grant’s likelihood of success and appropriateness for District pursuit and should be undertaken using the following criteria, some of which have been already considered but warrant a second review:  Does the project align with the goals of the grant and the funder?  What is the likelihood of success in receiving the grant?  Would the grant allow the District to meet the project goals and timeline as established or would it require acceleration of the timeline?  Does the project meet the goals of multiple partners?  Is there a prior relationship with the grantor that would increase the chances of success?  Could the application be viewed as competitive with the District’s partners? 5. Criteria and Measures of Success Attachment 1 page 24 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan  Could the work be undertaken in partnership with another agency and/or nonprofit organization, thereby reducing costs and sharing success?  Is the project at a stage where the grant funding could be used when it is awarded?  Can an excellent application be completed efficiently using available resources?  Are there measures of success that can be used to make the case for funding?  Does the value of the grant outweigh grant restrictions, management efforts, and the staff capacity and costs related to execution of grant funded project, compliance and monitoring? 5.4 GRANTS PROGRAM METRICS/MEASURES OF SUCCESS As part of the initial launch of the Strategy, it is important that the District articulate goals and metrics of success that can be reviewed on an annual basis to help guide program implementation in subsequent years. Levels of activity, rather than income goals, will be used as performance benchmarks. The Grants Program and Grants Specialist will be reviewed annually in June. Metrics for success are:  For FY2018-19 through FY 2020-21, the Grants Program generates 25% more revenue than the average of the prior months for which data is available. (FY2018-19 – 12 months; FY2019-20 – 24 months; FY2020-21 and beyond – 36 months). (See Chapter 7)  The return on investment of the Grants Program is at a minimum twice its cost and increases annually. (See Chapter 7)  In FY2018-19 the Grants Specialist increases the number of grants submitted from 9 to 12. In FY2019-20 the number of grants submitted will increase to 14 and in FY2020-21 to 16.  The Grants Specialist works with the District lobbyist to help secure at least four grants through Prop 68 in the coming three years.  The District’s Grantmaking Program is operational in FY2018-19 and provides $250,000 in grants to five partners, including at least two new partner organizations.  The results of the annual Administrative Survey will be used to evaluate year-over-year staff satisfaction with the Grants Program. Questions that should be asked of staff include: o Is your time as a staff member being used effectively by the Grants Specialist? o Compared to a year ago, do you understand what types of grants are most suitable for your projects? o How would you rate your working relationship with the Grants Specialist? o What is your overall level of satisfaction with the Grants Program? 5. Criteria and Measures of Success Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan page 25 6.1 ONE TIME RECOMMENDATIONS The following policies and procedures are recommended for development in FY 2018-19. These include policies to guide the District’s Grantmaking Program, corporate outreach, Board approval of grant awards, and access to data on the District server as well as procedures for rolling out the Strategy to District departments. The Grants Specialist will draft the policies described below and Senior Leadership will provide feedback and endorsement, forwarding those that require Board approval to the Board. 6.1 A. GRANTMAKING PROGRAM POLICY The District’s Grantmaking Program will provide $250,000 annually through five grants to partner agencies and organizations. FY2018-19 will be the first year that the District’s Grantmaking Program is under the oversight of the Grants Program. Board and administrative policies as well as Grantmaking Program guidelines should be developed to define and support the Grantmaking Program. Grantmaking Program policies and guidelines will be collected from other agencies to expedite policy development. Elements to consider include:  Board role in approving grantees  Annual calendar  Grant solicitation procedures  Guidelines for applicants  Desired project type(s) and goal(s)  Use of funds  Timing for project completion  Constituencies served  Geographic criteria  Reporting and monitoring requirements – frequency and timing  Partnership opportunities – how could grants leverage or launch collaborative projects?  Evaluation, including measurable outcomes  Evaluation criteria and decision-making process for grant awards  District grant administration guidelines and procedures  Public relations procedures to increase District’s visibility/goodwill CHAPTER 6 RECOMMENDED POLICIES & PROCEDURES Attachment 1 page 26 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan 6.1 B. CORPORATE AND FUNDER AGREEMENT POLICIES The District is likely to seek grant funding from a variety of sources including federal, state and local agencies, corporations and foundations. Prior to entering into a relationship with a funder the District should consider any potential public relations and conflict of interest issues. For example, many environmental organizations will not accept funding from resource extracting corporations due to community/supporter concerns. There are several Silicon Valley companies that could be potential funding partners for the District, but these may be perceived by the public as contributing to traffic, housing shortages and environmental issues. The Funder Agreement Policy helps the District evaluate the funder and avoid any concerns from the community or District supporters before accepting grant funding. Funder agreement policies will be collected from other agencies to expedite policy development. Possible elements to incorporate into a funder agreement policy include:  Funding shall be compatible with the District’s Strategic Plan, mission and policies  Acceptance of funding should not pose a conflict of interest for the District  Acceptance of funding should not influence District priorities or actions  Acceptance of funding does not imply an endorsement of an organization’s products, policies or services  Decision to accept funding rests solely with the District  Additional criteria necessary to select suitable funding partners  Guidelines for recognition opportunities, employee engagement, and public relations  Tax implications for gifts/grants from funders  Reporting requirements  Use of funds  Timing of grant award and project completion  Opportunities for increasing District’s visibility/goodwill 6.1 C. GRANT APPROVAL POLICY The Board approval process for grants should be simple, transparent, and informative and meet the needs of the Board, staff and public. Some agency policies require Board approval of all grant applications and delegate authority to the General Manager to address all subsequent actions related to the grant.. Others allow the General Manager to approve the grant application and require that the grant agreement be approved by the Board. For the District, it is recommended that the Grant Approval Policy include the following:  Board approval of all grant contracts over $50,000 upon receipt of a grant award  General Manager has the authority to approve all grant agreements up to $50,000  General Manager approval of grant applications and authority over all grant actions once the Board approves the contract  Purpose of the Grants Program  Grant applications will be reviewed by the Board before submittal only when a resolution is necessary to complete the application The Grants Award and Acceptance Process is illustrated in Appendix 2. 6.1D: GRANT CONTRACT ROUTING PROCESS An internal process for routing and approving all grant contracts once the grant has been awarded will be developed to ensure that the District can comply with all grant requirements. Grant contract routing procedures will be collected from other agencies to expedite development of this process. 6. Recommended Policies & Procedures Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan page 27 6.1E. PROJECT DATA ON DISTRICT SERVER POLICY The Grants Specialist could be more effective if project data were accessible on the District server. Most project data are currently held by individual departments or project managers, making it difficult for the Grants Specialist to access project descriptions, timelines, and budgets when developing a grant. An ideal policy would require certain documents such as the project budget, schedule, and scope of work to reside on the District’s primary server where information can be easily accessed. 6.1F. ROLL-OUT GRANTS STRATEGY Once the Grants Program Strategic Plan is complete, the Grants Specialist should provide a presentation of the Strategy to each department and the Management Team. These sessions should focus on the purpose and intent of the Strategy, and the key funding themes. The Grants Specialist should also share the completed FY2018-19 six-month Work Plan with staff at these meetings and confirm potential grants and discuss how each department’s priority projects fit within the overall funding themes. 6.1 G. DEVELOP GRANT FUNDING CRITERIA FOR THE CAPITAL IMPROVEMENT AND ACTION PLAN PROCESS Currently, the criteria used to evaluate projects in the Capital Improvement and Action Plan process do not include grant potential. The project selection criteria should be revised to add grant fundability criteria into the decision-making process. Key grant-related evaluation elements could include:  Does the project fit within one of the overall thematic areas that can maximize grant revenue? o Climate adaptation o Forest health and fire prevention o Partnership focused work o Expanded access for underserved communities o Education and interpretation  Is the project responsive to current state and/or local priorities?  Does the project increase the District’s visibility within the community?  Does the project have distinct implementation partners? 6.2 ONGOING PROCESSES AND PROCEDURES 6.2 A. INCORPORATE GRANT CONSIDERATIONS INTO CAPITAL IMPROVEMENT AND ACTION PLAN PROCESS The potential for grant funding is not currently considered when potential projects are evaluated during the Capital Improvement and Action Plan process. In order to further integrate grants into District-wide planning, the potential for grant funding should be incorporated into the District’s process for evaluating projects. This will occur in two stages. The first stage is for the Grants Specialist to participate in the Capital Improvement and Action Plan process and verbally provide advice related to the grant fundability of a project. Key elements to consider during the Capital Improvement and Action Plan process are similar to those identified in Recommendation 6.1G above. Once Recommendation 6.1G is implemented, the criteria will help guide decision-making. The Grants Specialist should participate in the Capital Improvement and Action Plan process at several key junctures in order to better integrate these considerations into District priority setting. The Capital Improvement and Action Plan process has four stages:  Strategy (October) – setting high level priorities  Scoping (January) – defining what each project will look like in the coming year  Resource Loading (February/March) – identifying how much staff time is needed to work on projects (and grants)  Budgeting (April/May) – developing detailed budgets for each project 6. Recommended Policies and Procedures Attachment 1 page 28 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan It is recommended that the Grants Specialist participate in the Strategy, Scoping and Resource Loading phases. Participation in the Strategy phase allows the Grants Specialist to provide input on which projects are most compelling from a grants perspective and also allows the Grants Specialist to gain a broad understanding of all the potential projects under consideration for the coming year. Participation in the Scoping phase provides similar benefits as participation in the Strategy phase, but with more detail. Participation in the Resource Loading phase allows the Grants Specialist to request time from the departments where grant applications will most likely be focused. 6.2B. ANNOUNCE GRANT WINS When a grant is awarded to the District, it is an opportunity to share and celebrate a common success. Upon receipt of a grant award, the Grants Specialist should notify the department where the project originated, the AGMs, CFO, and General Manager. The award should be announced at subsequent meetings with staff, including the all staff meeting and the Management Team meeting, and included in the bi-weekly report. The Board will be made aware of the grant win through the grant agreement approval process. The Grants Specialist should work with Public Affairs to announce the award on the District website and social media. 6.2 C. TRACK AN REPORT GRANTS DATA IN AMPLIFUND In order to continually refine the program and create realistic standards of performance for both the Grants Specialist and the Grants Program, it will be important to track and report on grant activity and dollars received each year. AmpliFund, the grants’ tracking system put into place by the Grants Specialist in FY 2017-18, should be used to track and report out the following data:  Number of grants submitted, to whom, when and for how much  Terms of the grant including restrictions, requirements, monitoring, etc.  Funding agency or organization  Purpose of grant  Date when reports due  Yearly data, including number of grants submitted, total grant funds awarded, dollars received or reimbursed, reports written and submitted 6.2D. CREATE AND MAINTAIN A GRANTS METRICS DASHBOARD Using data from AmpliFund, the Grants Specialist will create a dashboard in Sharepoint/Project Central in September 2018 that rolls up all the important metrics of the Grants Program into a single report and tracks progress toward the annual goals of the Grants Program. Every grant submitted will be delineated in the dashboard. Year-over-year outcomes to track include number of proposals submitted, number of grants awarded, number of grant reports submitted, increases in funding by type of funder, number of meetings with existing and new funders, number of proposals to new funders, number of awards from new funders, number of awards from repeat funders, and average percent increase in grant funding over the prior year and three years (when enough data has been collected). The Dashboard will be shared with the Management Team and project staff during regularly scheduled meetings. 6.2E. DEVELOP GRANTS SPECIALIST ANNUAL WORK PLAN The Grants Specialist will prepare a six-month Work Plan in September 2018 and an annual Work Plan in March of each year to guide the activities of the Grants Specialist and the Grants Program throughout the year. The annual Work Plan will be prepared with input from Department Managers and senior leadership; approved by Senior Management staff; and shared with Project Staff. The Work Plan will include the Grants Specialist’s tasks and measurable outcomes for the coming year. The Work Plan should be developed in a 6. Recommended Policies & Procedures Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan page 29 simple spreadsheet, and shared with staff as part of the Grants Specialist’s ongoing departmental meetings. The spreadsheet should include:  project priorities defined through the Capital Improvement and Action Plan process and in conjunction with department staff;  total funding needed for each project;  grant funding sought for each project for the coming year and subsequent years, including funder and amounts;  District departments and personnel involved in each grant;  potential partner agencies; and  grant application due dates. The Work Plan will also identify other key tasks to be accomplished by the Grants Specialist during the coming year including oversight of staff and consultants, implementation of the Grantmaking Program, and participation in District meetings. All tasks should have timeframes and measurable outcomes. 6.2F: DEVELOP FUNDING PLANS FOR KEY PROJECTS/INITIATIVES Funding plans provide a detailed overview of how a project or initiative will be funded over time, and include all sources of revenue, not just grant revenue. The funding plan serves as a tool to evaluate a project’s funding potential and whether projections regarding funding sources and amounts prove to be accurate over time. Leadership of funding plan development will vary depending on the project and project phasing. Assistant General Managers are the project sponsors for the business lines and will take the lead role in working with project managers, Finance, Budget and Analysis, the Grants Specialist and the GM to develop project funding plans. Key tasks include provision of budget and budget gap information and funding plan development. The Grants Specialist will provide information about grants that can fill the funding gaps and the General Manager will reach out to external partners to help fill funding gaps. 6.2G: AGGREGATE PROJECTS INTO ENVIRONMENTAL THEMES To date, the District has conveyed its work to funders as, and sought funding for, individual projects. As noted in Principles for Maximizing Revenue (Chapter 2.5), taking a broader view and packaging the District’s projects into themes that convey environmental impact is a more compelling approach and one that appeals to funders. Current themes that are of interest to funders include climate adaptation, forest health and fire prevention, partnerships, and increasing access for underserved communities. Other thematic areas such as education and interpretation could also be developed. The grants specialist will work with each department to incorporate priority projects into thematic areas thereby making the work that the District is already doing better aligned with key environmental themes that are priorities for funders. 6.2 H. GRANTS PROGRAM AND GRANTS PROGRAM STRATEGY ANNUAL EVALUATION The Grants Program and Grants Program Strategy will be evaluated annually at the end of the fiscal year by the Executive Team (GM, AGMS and CFO). The Grants Program will be evaluated based upon the Grants Program Metrics and Measures of Success, data tracked in AmpliFund and the Dashboard, and the goals established in the Grants Specialist’s prior year Work Plan. Based upon the results of this evaluation, the Grants Specialist will prepare the Grants Specialist Work Plan for the coming year. The Grants Strategy was developed for the newly created Grants Program and is expected to be a living document that evolves over time based upon evaluation. In the first years of Strategy implementation, it is likely that additional procedures, criteria and responsibilities may become apparent. As part of the annual evaluation by the Executive Team, the Strategy will be reviewed and adjusted to ensure a smoothly 6. Recommended Policies and Procedures Attachment 1 page 30 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan functioning Grants Program. The entire Strategy, including the underlying assumptions, should be reviewed and updated in three to five years when the Grants Program is fully established. As part of this evaluation, the Executive Team will also discuss the staffing model for the coming year using the guidelines included in Chapter 3.3. 6.2I. GO/NO-GO DECISIONS The go/no-go decision relates to whether or not the District will pursue a specific grant for a specific project. The decision will be informed by the criteria included in Chapter 5. Grant timelines are often tight and long deliberations about whether or not to pursue a grant detract from the time needed to prepare the application. Therefore, for efficiency, the Grants Specialist will evaluate the grant and the proposed project with the project manager and Department Manager and prepare a summary of the pros and cons of seeking/not seeking the grant and provide a recommendation about how to proceed (Go/No-Go). The AGMs and CFO will review the pros and cons of the recommendation and make the final decision on whether the District should pursue the grant. Where there is dissention about whether or not to pursue the grant, the GM will make the final decision. 6.2J. MAINTAIN FUNDER RELATIONSHIPS Based upon research into grants program best practices, it is recommended that the Grants Specialist focus on building new and maintaining existing relationships with potential funders including state legislators, agency staff, and local and regional foundation officers. Desired outcomes of these efforts are a) the funder understands the District, its key programs and projects and value to the community and region, and b) the Grants Specialist understands upcoming funding opportunities. The Grants Specialist should include regular check-ins with funders in the annual Work Plan. All touchpoints with funders should be tracked in the Dashboard. The Grants Specialist should also work with District staff to understand their project- and program-level relationships and how those relationships may affect potential grants and partnership opportunities. 6.2 K UNDERSTAND POTENTIAL FUNDING PARTNERS Most District staff members maintain relationships with their peers at other agencies. As identified in the grants program best practices, these relationships are not the purview of the Grants Specialist. As one of the keys to a strong organization is a strong network of community relationships maintained at all levels of the organization. However, District staff need to inform the Grants Specialist when these relationships, many of which relate to specific projects, appear to be evolving into potential grant-seeking opportunities. This is important for two reasons:  One of the goals of the Strategy is to collaborate with partners wherever possible  Because of the plethora of nonprofits and public agencies in the region focusing on parks and open space, there is strong competition for both public and private grants. Whenever possible, to enhance the District’s competitive edge in seeking grants, funding should be sought in conjunction with the District’s local partners. 6.2L. PROCEDURES FOR INDIVIDUAL GRANTS Similar processes and procedures will be followed for every grant – from initial grant identification to the final reporting and closing of the completed grant. There are many players involved in the lifecycle of a grant but the Grants Specialist controls the workflow and engages other departments as needed. Other players include project staff, the AGMs and CFO, Legal, Finance and Public Affairs Departments, the General Manager and the Board. The flow of an individual grant follows a predictable trajectory as described below. Each of the following procedures is diagrammed in Appendix 2. 6. Recommended Policies & Procedures Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan page 31 Grant Identification and Application This diagram illustrates the process for an individual grant from identification through submittal. Project staff, Senior Leadership and the Legal and Finance Departments assist the Grants Specialist with decision- making and the grant application. The Board passes a resolution authorizing the submittal, if required by the grant. Grant Award and Acceptance If the grant is awarded, the win is communicated to district management and staff, the Grants Specialist updates the database and the grant agreement is reviewed by the Legal and Finance Departments. Public Affairs announces the win on the District website and social media. Grant Lifecycle The overall lifecycle of a grant includes tracking the grant budget and schedule and setting reminders so that reports and reimbursement requests are completed and submitted on time. Once the grant-funded project is complete it is closed in the grants database and the Finance Department is notified. Grant Reimbursement Most grants are not provided as a lump sum but are paid as reimbursements for work completed. Reports on grant expenditures and progress are submitted with the reimbursement request in coordination with involved department or project staff. Reimbursement requests are authorized by the CFO. When payment is received, the grants database is updated Grant Amendment Occasionally grants are amended due to budget, scope or schedule changes. If an amendment is required, the Grants Specialist will work with the funder and District staff to request and prepare the amendment. Amendments are reviewed and signed by Senior Management. The Grant Process diagrams included in Appendix 2 identify the parties responsible for each activity. These are the Grants Specialist, Project Staff, AGM/CFO, Finance/Legal/Public Affairs, the General Manager and the Board. Where a diagram refers to a subsequent diagram, the workflow box is shaded red. Where there is a key decision, the workflow box is outlined in red. Items that straddle two columns (e.g., Grants Specialist and Department Staff) indicate a joint responsibility for that task. 6. Recommended Policies and Procedures Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan page 32 The table on the following page illustrates Grants Program expenses and two potential revenue scenarios for the coming three years. 7.1 EXPENSE ASSUMPTIONS Key assumptions inherent in the expense projections are:  Grants Specialist: Based upon FY2017-18 salary and benefits of $124,000 increased annually by 3%.  Program Assistant: Based upon FY2017-18 salary and benefits of $105,000 increased annually by 3%  Consultants: Strategic Planning - $43,400 split over FY2017-18 and FY2018-19.  Consultants: Contract Grant-writers – three at $95 per hour and 50 hours per year and expanded by 10% per year.  Consultants: Lobbyist – FY2018-19 and FY2019-20 includes $45,000/year. FY2020-21 includes $25,000/year. Support from lobbyist ends in FY2021-22.  Grantmaking Program: $250,000 per year.  AmpliFund: $20,000 per year with 5% annual increase.  The expense projections are based upon potential future staffing scenarios that may change based upon a mutual decision reached by the Grants Specialist and Senior Management based upon analysis of the Grants Specialist’s workload, number and size of potential grant opportunities, external expertise required, and management demands placed on the Grants Specialist to coordinate the Grants Program. 7.2 POTENTIAL REVENUE SCENARIOS Grant revenue is difficult to predict over the long term due to economic and political cycles and uncertainty of funding sources. It can also fluctuate widely from year to year. However, the overall goal for the Grants Program is for grant revenue to increase year over year and for the program to generate grant revenue that exceeds, at minimum, twice its cost or greater than 200% average return on investment. Average return on investment for FY2018-19 is calculated by dividing the revenue for the prior two years by the program costs for the prior two years. Average return on investment for FY2019-20 and FY2020-21 is calculated by dividing the revenue for the prior three years by the program costs for the prior three years. The potential revenue scenarios on the following page indicate three ways the Grants Program could grow over time. These are tools to illustrate the difference between steady growth of the program, steady growth CHAPTER 7 REVENUE & EXPENSE PROJECTIONS 2018-2021 Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan page 33 plus the receipt of one large grant, and steady growth plus the receipt of two large grants due to more time spent by the Grants Specialist on grant-seeking. The revenue scenarios below as well as future grant program revenue projections will be based upon average annual grant revenue from prior years. In Revenue Scenario 1 below, revenue projections for FY2018-19 are based upon the data collected during FY2017-18 with revenue projected to increase in FY2018-19 by 25%. Projections for FY2019-20 are based upon the data collected during the first 24 months of the program with revenue projected to increase by 25%. Projections for FY2021-21 are based upon the prior 36 months of data with revenue again expected to increase by 25%. In all three years, grant revenue increases annually and the return on investment exceeds 200%. Revenue Scenario 2 assumes a 25% annual increase in grant revenue over the average revenue but also assumes a $2 million grant in FY2019-20. This increases the average return on investment substantially and the average return in the subsequent year is higher than the average return projected under Scenario 1 where revenue is projected to increase steadily. Revenue Scenario 3 assumes a 25% annual increase in grant revenue over the average revenue but also includes the addition of a half time Program Assistant in FY2019-20 and a full-time Program Assistant in FY2020-21 that allows the Grants Specialist to increase the time devoted to grant-seeking. It assumes a $3 million grant in FY2019-20 and a $2 million grant in FY2020-21. Average return on investment increases noticeably under this scenario. When the actual grant revenue numbers for each year are known, the projections can be revised to create more accurate projections. Projections will be adjusted annually as part of the Work Plan development process to reflect actual grant income. 7. Revenue & Expense Projections 2018-2021 Attachment 1 page 34 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan Grants Program Expenses and Revenue Projection Scenarios 2017-18 2018-19 2019-20 2020-21 Projected Costs Grants Specialist; Consultants: Strategic Plan; Amplifund $ 165,700 Grants Specialist; Consultants: Grant Grants Specialist; Writers, Lobbyist; Grants Specialist; Consultants: Grant-Making Program Assistant; Strategic Plan, Grant Program; Amplifund; Consultants: Grant Writers, Lobbyist; half-time Program Writers, Lobbyist; Grant-Making Assistant in Revenue Grant-Making Staffing Assumptions Program; Amplifund Scenario 3 Program; Amplifund Total Annual Cost $ 508,170 $ 551,324 $ 599,114 Revenue Scenario 1: Average increase in revenue of 25% per year Revenue: Actual $ 950,000 Revenue: Projected $ 1,187,500 $ 1,335,938 $ 1,447,266 Avg. Return on Investment 573% 317% 284% 239% Revenue Scenario 2: Average increase in revenue of 25% per year with one $2M grant in FY2019-20 Revenue: Actual $ 950,000 Revenue: Projected $ 1,187,500 $ 3,335,938 $ 2,280,599 Avg. Return on Investment 573% 317% 447% 410% Revenue Scenario 3: Average increase in revenue of 25% per year with a $3M grant in FY2019-20 and $2M in FY2020-21. Revenue: Actual $ 950,000 Revenue: Projected $ 1,187,500 $ 4,335,938 $ 4,697,266 Avg. Return on Investment 573% 317% 528% 616% 7. Revenue & Expense Projections 2018-2021 Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan page 35 This chapter includes the key findings from the Grants Program audit; the internal interviews with District staff; and the external interviews with the managers of other agency and nonprofit grant-seeking programs. Findings were distilled into a comprehensive analysis of Grants Program strengths, weaknesses, opportunities and threats. AUDIT FINDINGS The Audit involved a comprehensive review of existing systems, procedures and workflows as well as findings from departmental interviews. The Audit provides the baseline for understanding the current Grants Program and helped build a Strategy that addresses the challenges associated with the current program. Audit Finding 1: The District has been successful in obtaining grants in the past. Prior to 2016, departmental program staff identified, wrote and managed grants. Grants secured from 1989 to 2010 for acquisition and development, resource management, and restoration totaled approximately $50M. Audit Finding 2: Between 2010 and 2018 grants were not well-tracked, making reporting on grant success difficult. Grants received since 2010 have not been consistently tracked but it appears that for the period between 2012 and 2018, grants received averaged about $1,200,000 per year and, depending on the year, have accounted for between 0 percent and 5 percent of annual District revenue. Audit Finding 3: Since the passage of Measure AA in June 2014 through the end of FY2016-17, grant revenue dropped but FY2017-18 shows grant revenue increasing with the establishment of the Grants Program. Annual grant revenue for 2014 through 2017 averaged approximately $500,000 per year. Records indicate that no grants were received in FY2014-15 and FY2016-17. Since the establishment of the Grants Program in 2017, the total dollar amount of grants received has exceeded the amount of grant funding received in any of the prior five years. Audit Finding 4: Establishing and integrating the Grants Program has been a complex process. The Grants Program and the Grants Specialist position were new to the District in 2017. Both the Grants Specialist and the District have experienced significant learning curves as they try to centralize this once dispersed role and integrate the program into the District during a time of growth, change and leadership flux. Audit Finding 5: The Grants Specialist has created new processes and procedures to allow the Grants Program to function. The Grants Specialist has developed workflows, reports, and written procedures that both define and describe the Grants Specialist job and inform District staff how to engage with this new program. The Grants APPENDIX 1 FINDINGS & STRENGTHS, WEAKNESSES, OPPORTUNITIES & THREATS Attachment 1 page 36 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan Specialist has also worked collaboratively with project staff to apply for grants and has taken on management of the District’s Grantmaking Program. Audit Finding 6: The Grants Specialist’s interface with project staff could be expanded. With the establishment of the Grants Specialist position, some program staff expressed concern that it could add another layer of complexity to grant-seeking due to the need to coordinate efforts with the Grants Specialist and educating the Grants Specialist about the specific projects that require funding. It also became apparent during the audit that the Grants Specialist had not participated in many of the regularly scheduled meetings where Project Staff and the District as a whole set priorities, share information, and develop the Capital Improvement and Action Plan. Through the interviews conducted during the planning process, management and project staff identified important existing channels of communication that would allow for seamless incorporation of the Grants Specialist into the project work, thereby reducing redundancy and increasing the effectiveness and integration of the Grants Program and the Grants Specialist’s role within the District. Audit Finding 7: Since the establishment of the Grants Program, there has been an increase in grants applied for and received. In the past 18 months, the Grants Specialist has worked closely with project managers to submit nine grants of which five were received, totaling approximately $1,949,500. The District also assisted partner agencies in developing two proposals for projects that coincide with District priorities but can be funded and implemented by partner organizations. Audit Finding 8: As the Grants Program becomes more established, the Grants Specialist will have more time to devote to grant-seeking. Early on, the majority of the Grants Specialist’s time was spent clarifying and defining the Grants Program and is currently focused on guiding the Grants Program Strategy to its completion. Now that the infrastructure and direction for the Grants Program has been established, the Grants Specialist’s time can be focused on identification of grant opportunities, coordination with project staff, and writing and administering grants. DEPARTMENTAL INTERVIEW FINDINGS Interviews were conducted with District management and each District department to better understand the successes and challenges of past and present grant-seeking, departmental roles and responsibilities, and recommendations for the Strategy. The findings below helped define and structure the Strategy to be responsive to the needs of District staff. Interview Finding 1: The addition of a Grants Specialist has improved the grants process. Staff felt that the newly created Grants Specialist position has resulted in improvements to the selection, coordination, submission and tracking of grants. Interview Finding 2: Staff has concerns about the grants process based upon experience with prior grants. Staff concerns related to past grants and procedures included that grants should not drive projects, make more work for staff, or compete with funding with partner agencies. Grants with costly and time-consuming reporting and tracking processes should not be pursued. Appendix 1. Findings & SWOT Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan page 37 Interview Finding 3: Larger organizational issues need to be considered in the Strategy development. Current work environment challenges include staff turnover, rapid growth, staff being at or beyond capacity, and leadership flux. Project timelines are much shorter than they used to be. This poses a challenge to staff needing to meet project deadlines while finding grant funding quickly enough to meet the project schedule. Conversely, if funding is found, it may cause a delay in project completion. Interview Finding 4: A clear process for information sharing and communication is needed. Developing a clear, consistent, two-way process for sharing information was identified as a critical element of the Strategy. It has been hard for project staff to know enough about potential grant opportunities and the types of projects that might fit with those grants, and also difficult for the Grants Specialist to clearly understand each project and the priorities and deadlines for each department. In order for both the Grants Specialist and project staff to become more aware of grants and projects, most interviewees felt that it was very important for the Grants Specialist to attend departmental and Project Management meetings on a regular basis to discuss current projects and possible grant funding opportunities. In addition, the Grants Specialist needs to be able to access all files on the server that contain critical project information. Interview Finding 5: The Grants Specialist should be engaged in the budget development process. The annual Capital Improvement and Action Plan development process establishes project priorities for the coming year and includes project review and scoping. The process includes extensive Board involvement with the final result being development of the upcoming fiscal year's operating Capital Improvement and Action Plan and a three-year Capital Improvement Plan. The Grants Specialist has not been a part of this process but interviewees noted that this is the most important place for the Grants Specialist to be engaged. This is where projects are defined, budgets are developed, and funding needs become clear. Participation by the Grants Specialist would help build an understanding of upcoming project priorities and help identify grant possibilities for each project well before the beginning of the current budget year. It would also help elevate the visibility and importance of the Grants Program to the Board and staff. Interviewees also noted that that the potential for grant funding should be added as a component of the criteria used to evaluate future projects for inclusion in the Capital Improvement and Action Plan and Capital Improvement Plan. Interview Finding 6: The District needs to develop an approach to secure Prop 68 funding. Several interviewees noted the importance of positioning the District to develop partnerships and seek Prop 68 funding as soon as the bond act was passed. The District needs to develop a priority list of projects, identify potential partners and begin to work on building those partnerships. Potential projects identified include Cloverdale Ranch and San Jose Water. Interview Finding 7: Grants should be the right fit in terms of size, type, and time to administer and monitor. Interviewees had many cautions about the District getting involved in grants that had so many requirements that the grant wasn’t worth pursuing. There has been some experience with grants of this type where early research into grant requirements was lacking and the District ended up with a grant that seemed to cost more than the income it delivered. The Strategy will include criteria for evaluating a grant for its funding size and type, restrictions, reporting requirements, time commitment for monitoring and reporting, and potential conflict or competition with partners. Interview Finding 8: An effective strategy should include a variety of essential elements. Interviewees noted a number of elements they would like to see included in the Strategy, including Program structure, criteria and guidelines, staff roles and responsibilities, pre-application review and approval process Appendix 1. Findings & SWOT Attachment 1 page 38 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan and measures of success. Staff also indicated the importance of building on internal efficiencies, including external subject matter experts, and achieving Board support and buy-in. EXTERNAL INTERVIEW FINDINGS – BEST PRACTICES Interviews were conducted in June 2018 with 13 agency and nonprofit grant managers and with the District’s lobbyists. Three closely interwoven and interdependent areas of best practices for establishing and operating a successful Grants Program emerged as well as advice from the District’s lobbyist about being competitive for Prop 68 and other public funding. FIVE KEY ROLES OF THE GRANTS SPECIALIST The most important roles of the Grants Specialist are building strong internal relationships; ensuring regular two-way communications; conveying grant opportunities; understanding the projects; and supporting project staff in much the same way a consultant would serve a client. FIVE KEY ELEMENTS OF THE GRANTS PROGRAM Interviewees noted that the most important elements of a successful Grants Program are well-defined roles and responsibilities; appropriate support (either internal or external); a dedicated system for tracking grants; a method of identifying project priorities; and a method for making go/no go decisions in grant-seeking and/or grant acceptance. GRANTS PROGRAM IMPLEMENTATION Interviewees also noted that the Grants Program must evolve and change in response to evaluation; that direction and support for the program needs to come from the top; and that there must be realistic expectations for what the program can achieve. BEING COMPETITIVE FOR PROP 68 FUNDING One of the District’s lobbyists defined the strategy that the District needs to follow to be competitive for Prop 68 funding:  Identify two categories of projects/programs – those that are highest priority for the District and those that are less of a top priority, but that can make the lobbyist aware of them, as there may be funding appropriate to these projects, even though they aren’t the top priority.  Lay out how much money the District needs and by when. Identify each project, its cost, local match, any other funding, and timing.  Establish meetings with the District’s lobbyists and state agencies to build awareness of projects, priorities and funding needs.  Engage in agency meetings where Prop 68 grant guidelines are being developed. STRENGTHS, WEAKNESSES, OPPORTUNITIES & THREATS The key findings described above were used to define the strengths, weaknesses, opportunities and challenges the District faces as it implements the Grants Program. This analysis guides the structure and recommendations in the Strategy – building on the strengths and opportunities, and developing strategies to address the weaknesses and threats. STRENGTHS  The District has adequate funding to provide a match for grant funding.  The District has well-established funding priorities (Measure AA, Vision Plan). Appendix 1. Findings & SWOT Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan page 39  The District has an excellent reputation, with a strong partnership ethic and delivery on promises.  The District had the foresight to establish a formal Grants Program and develop a Strategy to guide it.  Development of the Strategy involved key staff and management, increasing understanding and investment by staff and the potential success of the program.  By involving all project and management staff in the creation of the Strategy, everyone at the District now has a vested interest in helping the Grants Program succeed and operate in ways that are more efficient, inclusive and effective.  The addition of the Grants Specialist has resulted in the receipt of more grant income in FY2017-18 than in any of the prior five years, indicating that grant income can grow as more time and attention is focused on grant-seeking and more of the Grants Specialist’s time is dedicated to grant-seeking.  We have a suite of capital projects that are in the process of being implemented due to Measure AA so this is a particularly important time to seek bond funding because these are projects that are well- matched to grants vs. operational costs. OPPORTUNITIES  There are several state funding opportunities, including the Greenhouse Gas Reduction Fund and Prop. 68, passed in June 2018, as well as the potential for a new Water Bond in November 2018.  Upcoming land acquisitions present opportunities for significant public and private funding as well as joint funding possibilities with local partners. WEAKNESSES  Staff members have had prior negative experiences with grants and have concerns about integrating a new program and systems and the impact this could have on workload.  The Grants Specialist is new to the job and new to grant-seeking, and the District is new to a centralized grant-seeking program. The result has been a steep and process-heavy learning curve, limiting the time that could be spent on grant-seeking.  Measure AA has increased staff workload and shortened project timelines, making it more difficult to secure staff time for grants.  Realistic expectations for the Grants Program have not yet been established.  The District’s recent period of staff growth in the last three years, make it a challenging time to integrate and implement the newly established Grants Program.  Increasing costs for capital projects, resulting in greater gaps between Measure AA funding projections and actual implementation costs, make it difficult to project total project costs over time.  As a government agency, the District has a set process for budgeting and project prioritization. This combined with its size (175 staff) makes pivoting to new projects to be responsive to grant opportunities more difficult.  The District has had a very small state presence even though it is a well-established agency. Legislators and agency staff in Sacramento confuse the District with POST and/or other open space districts/authorities and nonprofit organizations. Appendix 1. Findings & SWOT Attachment 1 page 40 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan THREATS  Prop 68 funding priorities or program guidelines may not dovetail with the District’s work or constituencies served.  Competition for Prop 68 funding will be stiff.  The 2018 Water Bond may not be endorsed by voters, reducing potential grant funding available to the District. Appendix 1. Findings & SWOT Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan page 41 The following work flow diagrams illustrate the processes related to the following stages of the grant lifecycle:  Grant Identification and Application  Grant Award and Acceptance  Grant Lifecycle  Grant Reimbursement  Grant Amendment APPENDIX 2 GRANTS WORKFLOW DIAGRAMS Attachment 1 page 42 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan INTERNAL WORKFLOW: GRANT IDENTIFICATION AND APPLICATION GRANTS SPECIALIST DEPARTMENT STAFF AGM/ CFO LEGAL/ FINANCE/ PUBLIC AFFAIRS GENERAL MANAGER BOARD YES Brief staff on grant details; discuss potential projects Verify project eligibility with program officer Decide whether to apply YES Develop grant application with assistancefrom external consultants if Appendix 2. Grants Workflow Diagrams Determine if guidelines are a fit needed needed Share sample grant agreement with legal Provide inputon agreement requirements Brief AGMs and CFO Provide inputon whether to pursuegrant Inputgrant data into Amplifund Submit application Pass resolution authorizing application, if required by guidelines AGM/CFO application approval G R A N T A P P L I C A T I O N G R A N T I D E N T I F I C A T I O N Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan page 43 INTERNAL WORKFLOW: GRANT AWARD AND ACCEPTANCE GRANTS SPECIALIST DEPARTMENT STAFF AGM/ CFO LEGAL/ FINANCE/ PUBLIC AFFAIRS GENERAL MANAGER BOARD If grant is awarded, communicateto staff and board Public Affairs: announceon website Grant is greater than $50,000 Grant is less than $50,000 Route Grant Agreement to Legal Review and negotiate grant agreement with granting entity If less than $50,000 route to General Manager Review and sign If greater than $50,000 draft Board report and route Routefor signatures Send back signed agreement Set process for budget and project tracking, schedule check-ins Appendix 2. Grants Workflow Diagrams Update database Communicateto Board Determine Board date/ presentation Review and vote on authorization G R AN T A W A R D AN D A CC E P TAN C E Attachment 1 page 44 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan INTERNAL WORKFLOW: GRANT LIFECYCLE GRANTS SPECIALIST DEPARTMENT STAFF AGM/CFO LEGAL/FINANCE/ PUBLIC AFFAIRS GENERAL MANAGER BOARD Set process forbudget and project tracking schedule check-ins Prepare, review and submit Annual Grant Report Project monitoring/track spendingagainst schedule and budget Considersite visit/liaise with Public Affairs Appendix 2. Grants Workflow Diagrams Set reminders for reporting See Amendment Workflow for changes to grant agreement See Reimbursement Workflow for reporting Closegrant note in databaseand communicateto finance G RA N T M ON I TO RI N G Attachment 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan page 45 INTERNAL WORKFLOW: GRANT REIMBURSEMENT GRANTS SPECIALIST DEPARTMENT STAFF AGM/ CFO LEGAL/ FINANCE/ PUBLIC AFFAIRS GENERAL MANAGER BOARD Track reimbursement and status report schedule Discuss progress and draft reimbursement and status report; gather documentation Discuss potential changes to budget, scope, and schedule If necessary, communicatewith Program Officer See Grant Amendment Diagram to initiate amendment, if necessary Draft status report and reimbursement request Alert Finance and frontdesk aboutincoming payment Finance and CFO signs (if GM signature not required) Finance and CFO signs (if GM signature not required) Confirm payment is received Appendix 2. Grants Workflow Diagrams Routefor signature Confirm reimbursemen t signatory Update database Submit paperwork GR A N T R EIM B U RS EM EN T Attachment 1 page 46 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT | Grants Program Strategic Plan INTERNAL WORKFLOW: GRANT AMENDMENT GRANTS SPECIALIST DEPARTMENT STAFF AGM/ CFO LEGAL/ FINANCE/ PUBLIC AFFAIRS GENERAL MANAGER BOARD Discuss potential changes to budget, scope and schedule Communicate change with Program Officer Document changes/draft amendment with Program Officer Appendix 2. Grants Workflow Diagrams Grants tracking Routefor signature Department manager signs Legal signs CFO and AGM sign GM signs Submit paperwork Updatedatabase G R A N T AM E ND M E N T Attachment 1 DATE: September 26, 2018 MEMO TO: MROSD Board of Directors THROUGH: Ana Ruiz, General Manager FROM: Melissa Borgesi, Planner I SUBJECT: Dog On-Leash Access at Upper La Honda Creek Open Space Preserve _____________________________________________________________________________ SUMMARY Midpeninsula Regional Open Space District (District) is preparing to include on-leash dog access to the existing public trails in northern La Honda Creek Open Space Preserve (Preserve), as approved in the La Honda Creek Master Plan (Master Plan). As specified in the Master Plan, the District consulted with the appropriate Resource Agencies who concurred with the planned addition of on-leash dog access in the northern portion of the preserve. On-leash dog access will begin in Fall 2018. DISCUSSION The Board of Directors (Board) approved the Preserve Master Plan in August 2012. A priority action item in the Master Plan is opening the northern portion of the Preserve to dogs on-leash. Vehicular access to this area is via Allen Road, which is a private road. In order to limit the impact on the private road, the District will continue to limit access to 10 public vehicles per day. Parking permits to this area are therefore limited to 10 per day. The northern portion of the Preserve is well suited for dog use based on the Dog Access Site Evaluation Criteria that the Board adopted in 1995. The dog suitability criteria include visibility/good line-of-sight, access to road-width trails, lack of connecting trails (where connecting trails are closed to dogs), and low visitor use. Prior to opening the area to dogs, the Master Plan calls for the reintroduction of cattle grazing and approval from the Resource Agencies. While the Preserve’s 2007 Rangeland Management Plan (RMP) recommends grazing the northern portion of the Preserve, grazing management staff have since reevaluated the recommendation. Given the steep, windy, and narrow access roads (Bear Gulch Road and Allen Road), absence of grazing infrastructure, limited amount of grassland (approximately 100 acres), and lack of interest from the adjacent grazing tenant to expand into the area, grazing management staff no longer deem this upper area of the Preserve as viable for grazing. Grazing is an effective tool for fuels management. In lieu of grazing, staff will continue to manage this area for fire risk similarly to other grassland areas by maintaining access roads and clearing around structures. The La Honda Creek Preserve Wildland Fire Response Plan was completed last fiscal year and identifies access routes and resources for responding fire units. In accordance with the Master Plan, the District reached out to the Resource Agencies (California Department of Fish and Wildlife and US Fish and Wildlife Service) in January 2017 to review the planned on-leash dog access for the northern portion of the Preserve. District staff contacted the Resource Agencies again in August 2018. After reviewing District ordinances and rules regarding use, patrol, and enforcement, as well as District wildlife response protocols, the Resource Agencies confirmed that they have no concerns about providing dog access in the area. Since cattle grazing is no longer deemed viable for the northern area of the Preserve and following confirmation from the Resource Agencies, staff is proceeding with final actions to open this area of the Preserve to dogs on-leash effective Fall 2018. Staff reached out to the District grazing tenants to identify any concerns regarding the use change in the Preserve and no concerns were raised. The San Mateo Farm Bureau will be notified at the October 1, 2018 meeting. Adjoining owners, District tenants, residents of local neighborhoods, and interested parties to the Preserve will be notified of the use change via mail. A flyer will be posted onsite to notify Preserve users. Information will also be posted on the District website and the dog access brochure packet will now include information about northern La Honda Creek Open Space Preserve. District rangers will actively enforce dog regulations during their patrol. Finally, staff will replace all maps and signs to show the use change.