HomeMy Public PortalAbout20181010 - Agenda Packet - Board of Directors (BOD) - 18-35
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
Wednesday, October 10, 2018
Special Meeting starts at 5:30 PM*
Regular Meeting starts at 7:00 PM*
REVISED A G E N D A
5:30 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION
ROLL CALL
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Name of Case: Burkhart v. Midpeninsula Regional Open Space District; Santa Clara County
Superior Court Case Number 18CV32976718CV 334473.
2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION
Initiation of litigation pursuant to Government Code section 54956.9(d)(4): (one potential
case)
ADJOURNMENT
7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT
ORAL COMMUNICATIONS
The Board President will invite public comment on items not on the agenda. Each speaker will
ordinarily be limited to three minutes; however, the Brown Act (Open Meeting Law) does not allow
action by the Board of Directors on items not on the agenda. If you wish to address the Board, please
complete a speaker card and give it to the District Clerk. Individuals are limited to one appearance
during this section.
ADOPTION OF AGENDA
SPECIAL ORDERS OF THE DAY
• Proclamation Honoring Director Cecily Harris
Meeting 18-35
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 and September 26, 2018 Minutes
2. Claims Report
3. Award of Contract to Gradetech Inc., to Replace the Purisima Creek Redwoods Vault Toilet
(R-18-113)
Staff Contact: Sean Smith, Capital Project Manager II, Engineering & Construction Department
General Manager’s Recommendation:
1. Award a contract to Gradetech Inc., of San Ramon, California for a not-to-exceed base contract
amount of $80,000 to replace the single vault toilet restroom with a double vault toilet restroom
at lower Purisima Creek Redwoods Open Space Preserve.
2. Authorize a 15% contingency of $12,000 to be reserved for unanticipated issues, thus allowing
the total contract amount not-to-exceed $92,000.
4. Approve a Correction to the Classification and Compensation Plan and a Corresponding
Correction in the Midpeninsula Regional Open Space District Memorandum of
Understanding with the Field Employees Association (R-18-117)
Staff Contact: Candice Basnight, Human Resources Manager
General Manager’s Recommendation:
1. Adopt a resolution approving a corrected Classification and Compensation Plan for Midpeninsula
Regional Open Space District Employees.
2. Adopt a resolution approving the corrected Salary Range Chart in the Memorandum of
Understanding with the Field Employees Association.
5. Resolution to Oppose California State Proposition 6 (R-18-116)
Staff Contact: Joshua Hugg, Governmental Affairs Specialist
General Manager’s Recommendation: Adopt a resolution to oppose California State Proposition 6,
which seeks to repeal the Road Repair and Accountability Act of 2017, and require voter approval
for future increases or extensions of fuel taxes and vehicle fees.
6. Board Response to Written Communications from Ken Lucchesi, Maggie Tides, Stephen
Wassather
Staff Contact: Brian Malone, Acting Assistant General Manager
General Manager’s Recommendation: Approve the proposed response to Ken Lucchesi, Maggie
Tides, Stephen Wassather.
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.
7. Climate Change Policy and Climate Action Plan (R-18-114)
Rev. 1/3/18
Staff Contact: Hayley Edmonston, Climate Resiliency Fellow, Natural Resources
General Manager’s Recommendation:
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act (CEQA).
2. Approve the Climate Change Policy as a chapter to the Resource Management Policies,
including either Policy CC-1 Option 1 or Option 2 to set greenhouse gas reduction goals.
3. Adopt the Climate Action Plan.
4. Direct the General Manager to begin implementation of the Climate Action Plan, identifying
new budget and project implementation items as part of the Fiscal Year 2019-20 Capital
Improvement and Action Plan and Budget development process.
8. Options to Fill a Vacancy Resulting from the Resignation of Director Cecily Harris (R-18-
115)
Staff Contact: Jennifer Woodworth, District Clerk/Assistant to the General Manager
General Manager’s Recommendation:
1. Determine whether to fill the Ward 7 Board Director vacancy for the term ending January 4,
2021 by either appointment or special election.
2. If filling the Ward 7 vacancy by appointment, approve the following recruitment procedure for
the Ward 7 vacancy:
a) Approve the application form;
b) Affirm or modify the general criteria for appointment to the Board of Directors;
c) Affirm or modify the procedures for interviews; and
d) Approve the proposed timeline for filling the vacancy.
3. If filling the Ward 7 vacancy by special election, adopt the appropriate resolutions calling the
special election and requesting consolidation of elections and election services from the San
Mateo County Registrar of Voters.
4. Authorize the Board President to appoint Board members to fill the vacancies on the following
committees: Planning and Natural Resources, Board Appointee Evaluation, and Legislative,
Funding and Public Affairs Committees.
INFORMATIONAL MEMORANDUM
• Administrative Office Remodel Project Update
INFORMATIONAL REPORTS – Reports on compensable meetings attended. Brief reports or
announcements concerning activities of District Directors and staff; opportunity to refer public or Board
questions to staff for information; request staff to report to the Board on a matter at a future meeting; or
direct staff to place a matter on a future agenda. Items in this category are for discussion and direction to
staff only. No final policy action will be taken by the Board.
Committee Reports
Staff Reports
Director Reports
ADJOURNMENT
*Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order.
Rev. 1/3/18
In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting,
please contact the District Clerk at (650) 691-1200. Notification 48 hours prior to the meeting will enable the
District to make reasonable arrangements to ensure accessibility to this meeting.
Written materials relating to an item on this Agenda that are considered to be a public record and are distributed
to Board members less than 72 hours prior to the meeting, will be available for public inspection at the District’s
Administrative Office located at 330 Distel Circle, Los Altos, California 94022.
CERTIFICATION OF POSTING OF AGENDA
I, Jennifer Woodworth, District Clerk for the Midpeninsula Regional Open Space District (MROSD), declare that
the foregoing agenda for the special and regular meetings of the MROSD Board of Directors was posted and
available for review on October 5, 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.
Director Hassett expressed concern regarding the 250-hour and 5-year service requirements for
volunteers stating the requirement may be too stringent that different volunteer and docent
Meeting 18-33 Page 7
activities represent varying levels of engagement while serving the District. A dedicated bench to
commend a volunteer or docent on their volunteer service is significant and should represent a
high level of dedication and service. Director Hassettand 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
September 26, 2018
Board Meeting 18-34
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
Wednesday, September 26, 2018
DRAFT MINUTES
SPECIAL MEETING – CLOSED SESSION
President Cyr called the special meeting of the Midpeninsula Regional Open Space District to
order at 5:50 p.m.
ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto,
Pete Siemens, and Curt Riffle
Members Absent: None
Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Acting
Assistant General Manager Jason Lin, Real Property Manager Mike
Williams, and Senior Real Property Agent Allen Ishibashi
Public comments opened at 5:50 p.m.
No speakers present.
Public comments closed at 5:50 p.m.
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
General Manager Ana Ruiz, Acting Assistant General Manager Jason Lin, Real Property
Manager Mike Williams, and Senior Real Property Agent Allen Ishibashi left the closed session
after the first item.
Meeting 18-34 Page 2
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code
Section 54957(b)(1)
Title of Employee: General Counsel
ADJOURNMENT
President Cyr adjourned the special meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 6:58 p.m.
REGULAR MEETING
President Cyr called the regular meeting of the Midpeninsula Regional Open Space District to
order at 7:02 p.m.
President Cyr reported the Board met in closed session, and no reportable action was taken.
ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto,
Pete Siemens, and Curt Riffle
Members Absent: None
Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Acting
Assistant General Manager Jason Lin, Acting Assistant General Manager
Brian Malone, Real Property Manager Mike Williams, Senior Real
Property Agent Allen Ishibashi, District Clerk/Assistant to the General
Manager Jennifer Woodworth, Grants Specialist Melanie Askay, and
Human Resources Manager Candice Basnight
ORAL COMMUNICATIONS
No speakers present.
ADOPTION OF AGENDA
Motion: Director Kishimoto moved, and Director Siemens seconded the motion to adopt the
agenda.
VOTE: 7-0-0
CONSENT CALENDAR
Director Riffle pulled Item 3 from the Consent Calendar and recused himself due to a perceived
conflict of interest related to his employment at the Peninsula Open Space Trust.
Public comment opened at 7:08 p.m.
No speakers present.
Meeting 18-34 Page 3
Public comment closed at 7:08 p.m.
Motion: Director Harris moved, and Director Siemens seconded the motion to approve the
Consent Calendar, except for Items 1 and 3.
VOTE: 7-0-0
1. Approve September 12, 2018 Minutes
Director Hassett stated his comments regarding the constituent bench policy were incorrect and
requested the item be continued to the following Board meeting.
2. Claims Report
3. Approval of Two Resolutions for Grant Applications to the Habitat Conservation
Fund Program (R-18-106)
Director Riffle recused himself and left the room at 7:09 p.m.
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.
Director Harris inquired when the acquisition would be moving forward as it relates to potential
grant funding.
Real Property Manager Mike Williams explained the proposed purchase of the Johnston Ranch
can be timed to coincide with the receipt of grant funds if those funds are awarded.
Motion: Director Siemens moved, and Director Hanko seconded the motion to approved the
General Manager’s Recommendations.
ROLL CALL VOTE: 6-0-0 (Director Riffle absent)
Director Riffle returned to the dais at 7:11 p.m.
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)
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.
Meeting 18-34 Page 4
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)
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)
General Manager’s Recommendation:
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act (CEQA), as set out in the staff report.
2. 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)
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)
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.
Meeting 18-34 Page 5
3. Approve a corresponding update to the Fiscal Year 2018-19 Classification and Compensation
Plan.
BOARD BUSINESS
9. Grants Program Strategic Plan (R-18-111)
Grants Specialist Melanie Askay provided the staff presentation describing the goals of the
grants program and the planning process to develop the Grants Program Strategic Plan that
included multiple opportunities for staff engagement and input.
Ms. Askay introduced Tina Stott, of Stott Planning Associates, and Donna Fletcher, of Mission
Driven, whom the District engaged to help design the Grants Program Strategic Plan with the
input of District staff and the Board of Directors.
Ms. Fletcher explained that the preceding 18 months have been focused largely on getting the
grants program off the ground and setting a realistic vision for the program’s maturation. Going
forward, the time required for process development will decrease, and the grants specialist will
have more time to dedicate to both grant seeking and grant making. Ms. Fletcher also outlined
the various decision-making criteria for grant funding sources and selection of priority projects
to maximize grant-funding success.
Director Riffle inquired regarding the decision-making process for pursuing grant opportunities.
Ms. Askay explained the Grants Strategic Plan includes a workflow process to determine when
specific grant opportunities are pursued.
Ms. Stott described the proposed metrics of success for the grants program, including generating
additional grant revenue, increasing the number of grant applications submitted, and securing at
least four grants through Proposition 68.
Director Siemens requested clarification regarding the metric related to the return on investment
for the grants program.
Ms. Askay explained that the cost of the grants program should be at a minimum less than half of
the grant funds awarded. In addition, the grants program seeks to increase its funding by 25%,
which would be an increased return on investment.
Director Harris suggested additional metrics to be included in the Grants Program Strategic Plan:
the number of projects fully funded because of grants, the number of Measure AA projects
partially funded by grants, the number of partnership projects funded with grants.
Ms. Askay agreed that success should be measured by qualitative and quantitative numbers.
Ms. Stott described several strategies for increasing capacity for the grants program, such as
hiring contract grant writers, utilizing a lobbyist to help steward relationship building with state
funders, and hiring of a grants technician in the future, if needed.
Meeting 18-34 Page 6
Director Harris suggested working with contract grant writers that specialize in the grant types
the District is pursuing.
Ms. Stott outlined several recommendations included in the Grants Program Strategic Plan,
including policy development, incorporation of grants into the budget and action plan process,
and development of an annual work plan.
Director Riffle inquired regarding corporate grant opportunities and related requirements.
Ms. Askay explained that before the District pursues any corporate grants, staff would develop a
policy to govern the process for approval by the Board.
Director Kishimoto expressed concern regarding the return on investment for grant funding
sources.
Ms. Stott explained the cost of the grants program also includes costs associated with the
grantmaking program. Without including the grantmaking program costs, the return on
investment for the grant program is currently 400%.
Director Siemens suggested clarifying the description of the return on investment for the grant
program that is currently included in the Grants Program Strategic Plan or removing this metric
entirely.
Director Siemens suggested including a goal specifically related to the grantmaking program.
Additionally, he suggested including in the Principles for Maximizing Potential Grant Revenue
language regarding providing granting agencies with all of the information they request for grant
applications.
Public comments opened at 8:07 p.m.
No speakers present.
Public comments closed at 8:07 p.m.
Director Kishimoto commented she will be keeping a close eye on the grants program as it
moves forward.
Motion: Director Siemens moved, and Director Riffle seconded the motion to adopt the Grants
Program Strategic Plan with the changes suggested by Board members.
VOTE: 7-0-0
INFORMATIONAL MEMORANDUM
• Dog On-Leash Access at Upper La Honda Creek Open Space Preserve
Director Riffle spoke in favor of the opening of upper La Honda to dog access.
Meeting 18-34 Page 7
Director Hassett expressed concern regarding the low number of permitted parking spaces near
Allen Road and potentially high demand for access.
Acting Assistant General Manager Brian Malone reported staff will be monitoring the number of
permits issued to determine if permits for frequent users need to be limited in the future to ensure
that the permit system is available to all interested visitors.
INFORMATIONAL REPORTS
A. Committee Reports
District Clerk Jennifer Woodworth reported the Administrative Office ad hoc committee met on
September 25 and 26 to discuss the prioritization of the project goals and program elements and
requested the Board members complete the same prioritization exercise prior to the October 10,
2018 Board meeting.
B. Staff Reports
General Manager Ana Ruiz reported on meetings with San Mateo County Supervisors Warren
Slocum and Don Horsley and commented on the very successful Volunteer Recognition Event
organized and executed by staff.
C. Director Reports
The Board members submitted their compensatory reports.
The Board members reported their attendance at recent and upcoming events, including the
District’s Volunteer Recognition Event, the Committee for Green Foothills Nature’s Inspiration
event, La Honda Educational Foundation Harvest Dinner, San Jose Water Company Annual
BBQ, the Santa Clara County League of Conservation Voters 25th Annual Fundraiser and
Environmental Awards, and the Save the Redwoods League 100th Anniversary.
Director Riffle requested an update regarding the Hawthorn property.
Director Harris announced her resignation from the Board of Directors effective following the
October 10, 2018 Board meeting.
ADJOURNMENT
President Cyr adjourned the regular meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 8:29 p.m.
________________________________
Jennifer Woodworth, MMC
District Clerk
page 1 of 3
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CLAIMS REPORT
MEETING # 18-35
MEETING DATE 10-10-18 Fiscal Year to date EFT:10.90%
Payment
Number
Payment
Type
Payment
Date
Notes Payment
Amount
79012 Check 10/05/2018 11293 - RANDAZZO ENTERPRISES, INC Abatement and Demolition of Structures at Twin Creeks 356,765.28
78948 Check 09/28/2018 *10845 - CITY OF MOUNTAIN VIEW-FINANCE Radio Disbatch Services - July - September 2018 54,452.50
78957 Check 09/28/2018 *10258 - HUNT LIVING TRUST Semi-annual interest - Hunt Note Oct 1st 37,500.00
78975 Check 09/28/2018 *11152 - WELLINGTON PARK INVESTORS AO2/A03/A04 Rent - October 2018 30,366.00
78950 Check 09/28/2018 10546 - ECOLOGICAL CONCERNS INC Invasive Species Management - for Slender False Brome & Thistle & Grass Control 26,428.00
78952 Check 09/28/2018 10793 - FALL CREEK ENGINEERING La Honda Creek Loop Trail Engineering Services Thru 7/31/18 25,325.37
78987 Check 10/05/2018 11391 - CHAVAN & ASSOCIATES, LLP CAFR Services for 2016-17 FY & Progress Payment 2017-18 Annual Audit 20,350.00
79018 Check 10/05/2018 11820 - TOP LINE ENGINEERS, INC.Harkins Bridge Replacement - PCR 20,045.00
78964 Check 09/28/2018 11523 - PGA DESIGN, INC.Alma College Cultural Landscape Rehab thru July 07/31/18 17,852.84
78992 Check 10/05/2018 *10214 - DELTA DENTAL October 2018 Dental Premium 16,932.96
79008 Check 10/05/2018 11523 - PGA DESIGN, INC.Alma Implementation 8/1/18 - 8/31/18 & Alma College Parking Lot Peer Review - BCR 16,054.63
79003 Check 10/05/2018 *10180 - P G & E Electricity/Gas 09/18 - 12 Locations 11,778.59
79021 Check 10/05/2018 10978 - VOLLMAR NATURAL LANDS CONSULTING, LLC Awareness Training for Crew & Biomonitoring at Hendry's Creek 10,720.00
78995 Check 10/05/2018 11236 - GRADETECH Sears Ranch Rd Improvements & Parking - Final Retention Release 10,000.00
79023 Check 10/05/2018 10387 - WEST-MARK Install Fire Pumper for P117 & P116 9,156.66
78973 Check 09/28/2018 11618 - TRAIL PEOPLE Highway 17 Wildlife and Regional Trail Crossings - August 2018 7,921.75
191 EFT 10/05/2018 12001 - PEARLMAN HIMY LOS ALTOS LP Pre-Closing Lease Rents-October 2018 7,601.08
78999 Check 10/05/2018 *10419 - LINCOLN NATIONAL LIFE INSURANCE COMPANY AD&D/Life/LTD Premium for October 7,058.40
79002 Check 10/05/2018 11924 - NOMAD ECOLOGY, LLC Stevens Creek Nature Trail Bridge Construction Project 6,831.25
78970 Check 09/28/2018 11933 - STOTT PLANNING ASSOCIATES Grants Program Strategy - August 2018 5,841.37
79006 Check 10/05/2018 10227 - PENINSULA OPEN SPACE TRUST Appraisal Reimbursement for POST - Johnston Ranch & Muzzi Property 5,500.00
78946 Check 09/28/2018 11161 - CARNEGHI-NAKASAKO AND ASSOCIATES Purisima Uplands Appraisal 4,500.00
79016 Check 10/05/2018 11224 - SANTA CLARA COUNTY - COMMUNICATIONS DEPT Radio System Maintenance and Repair 3,683.50
78940 Check 09/28/2018 11772 - AHERN RENTALS, INC.Equipment Rental for Oljon Trail - Kubota Utility Tractor 7/30/18 - 9/18/18 3,494.08
78982 Check 10/05/2018 11772 - AHERN RENTALS, INC.Fork Lift Rental for Moving Concrete at SFO Stevens Creek Nature Trail 8/24/18 - 9/21/18 3,022.60
78993 Check 10/05/2018 11748 - ENVIRONMENTAL AND ENERGY CONSULTING Consulting and Lobbying: Sept 2018 2,916.67
78976 Check 09/28/2018 11990 - ZFA STRUCTURAL ENGINEERS Mt Umunhum Radar Tower Concrete Repairs 7/24/18-7/21/18 2,445.75
78991 Check 10/05/2018 11975 - CONSOLIDATED ENGINEERING LABORATORIES BCR Public Access: Materials Testing and Construction Monitoring 2,173.50
78961 Check 09/28/2018 10160 - OFFICE DEPOT CREDIT PLAN CAO Furniture - Particle Walls, Hardware, File Cabinets 2,132.53
79017 Check 10/05/2018 *11730 - STANDARD INSURANCE COMPANY RV Basic & Supplemental Life Premium - October 2018 2,060.91
78963 Check 09/28/2018 11129 - PETERSON TRUCKS INC.BIT Inspections T46, T25, M217, M27, M31 / Maintenance & Service Repair for WT02 1,981.92
79019 Check 10/05/2018 *10309 - VERIZON WIRELESS Monthly Mobile Internet 8/13/1/ - 9/12/18 1,910.00
79010 Check 10/05/2018 *10212 - PINNACLE TOWERS LLC Tower Rental Crown Site 1,852.43
78966 Check 09/28/2018 10932 - RDO EQUIPMENT COMPANY JD Tractor Hose Repair & T39 500 Hour Service 1,656.35
78949 Check 09/28/2018 10021 - COASTAL CHIMNEY SWEEP Chimney Sweeping & Inspections at Tenant Houses (11)1,560.00
79020 Check 10/05/2018 *10213 - VISION SERVICE PLAN-CA Vision Premium - October 2018 1,441.30
79022 Check 10/05/2018 11388 - WAGNER & BONSIGNORE Professional Fees on Water Rights 1,412.50
79007 Check 10/05/2018 11129 - PETERSON TRUCKS INC.BIT Inspections M23, WT01, M07, T46, T25 1,405.00
78996 Check 10/05/2018 10173 - GREEN WASTE Hawthorn Debris Clean Up & Garbage/Recycle (SFO)1,345.66
78990 Check 10/05/2018 *10445 - COMMUNICATION & CONTROL INC Repeater Site Lease - October 2018 1,172.00
79013 Check 10/05/2018 10932 - RDO EQUIPMENT COMPANY T22 Utility Tractor Repairs 1,051.91
78981 Check 10/05/2018 10001 - AARON'S SEPTIC TANK SERVICE Sanitation Services - PC Lower Vault & Fremont Older House 1,045.00
79001 Check 10/05/2018 11463 - MARLENE EYRE Accommodations for Ranger Academy 1,045.00
79024 Check 10/05/2018 10234 - WJ SORICH ENTERPRISES Road Dues Sorich Road 1,000.00
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 3
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CLAIMS REPORT
MEETING # 18-35
MEETING DATE 10-10-18 Fiscal Year to date EFT:10.90%
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
79014 Check 10/05/2018 10195 - REDWOOD GENERAL TIRE CO INC P113 New Tires (4)979.99
78954 Check 09/28/2018 10187 - GARDENLAND POWER EQUIPMENT Stihl Equipment Parts/Hedge Trimmer Repair/Carbide Chain Sharpening 933.03
78941 Check 09/28/2018 10183 - BARRON PARK SUPPLY CO INC Shower Faucet Repair & Sink Faucet Replacement (FFO) & Plumbing Parts for (RSACP) & (FFO)676.41
78942 Check 09/28/2018 10706 - BAY AREA NEWS GROUP (MERCURY NEWS)Legal Ad - Public Notice for Bids on PCR Restroom 577.70
78989 Check 10/05/2018 *11530 - COASTSIDE.NET Internet Provider - October 2018 550.00
78972 Check 09/28/2018 11819 - THIRD DEGREE COMMUNICATIONS, INC Ranger Training 525.00
78943 Check 09/28/2018 11430 - BIOMAAS Oljon Trail Phase 4 Biological Monitoring August 2018 517.06
79025 Check 10/05/2018 11176 - ZORO TOOLS Portable Air Compressor 494.30
189 EFT 09/28/2018 10352 - CMK AUTOMOTIVE INC Maintenance Service for A98, P97 465.67
78939 Check 09/28/2018 10001 - AARON'S SEPTIC TANK SERVICE Septic Tank Service (Pulgas Ridge)450.00
79011 Check 10/05/2018 11519 - PRICE, POSTEL & PARMA LLP Burkhart Litigation 442.50
78945 Check 09/28/2018 *10454 - CALIFORNIA WATER SERVICE CO-949 Water Service - AO 415.92
78967 Check 09/28/2018 11479 - ROOTID Website Maintenance - 4 retainer hours 378.00
78983 Check 10/05/2018 11170 - ALEXANDER ATKINS DESIGN, INC.Sierra Magazine Advertisement 344.00
78965 Check 09/28/2018 10265 - PRIORITY 1 Replace Siren Speaker - P107 336.37
78979 Check 09/28/2018 0000A - CUPERTINO DEANZA LIONS CHARITIES, INC.Refund Event #17773 Deposit Fee 300.00
78959 Check 09/28/2018 10073 - NORMAL DATA Database Work - Incidents Database 297.50
78988 Check 10/05/2018 10021 - COASTAL CHIMNEY SWEEP Chimney Sweeping & Inspection for Tenant Houses (2)280.00
78974 Check 09/28/2018 10403 - UNITED SITE SERVICES INC Fence Rental (SA-MT UM)276.98
78956 Check 09/28/2018 11917 - HES - HEARTREADY AED: Pad Replacements & Program Support 253.83
79015 Check 10/05/2018 11526 - REPUBLIC SERVICES Monthly Garbage Services 252.17
78937 Check 09/27/2018 11051 - MROSD - Petty Cash AO Petty Cash Reimburse - June 2018 245.25
78944 Check 09/28/2018 10616 - BKF ENGINEERS Hawthorns Topographic Survey July 2018 236.50
192 EFT 10/05/2018 10237 - WILLIAMS, MICHAEL July - September Mileage Reimbursement 234.90
78984 Check 10/05/2018 11148 - BALANCE HYDROLOGICS, INC.Information & Guidance for Spring Diversion Monitoring 228.05
78968 Check 09/28/2018 10151 - SAFETY KLEEN SYSTEMS INC Solvent Tank Service (FFO)216.90
190 EFT 10/05/2018 10352 - CMK AUTOMOTIVE INC Maintenance Service & Repair for P110, A96 201.16
78998 Check 10/05/2018 12008 - KATHERINE N. SCHICK Honorarium Fee for Enrichment Workshop Training in Support of the District's Docents 200.00
79000 Check 10/05/2018 12007 - LINDA JOYCE GROSS Honorarium Fee for Enrichment Workshop Training in Support of the District's Docents 200.00
78951 Check 09/28/2018 10524 - ERGO WORKS Ergo-Chair Assembly & Delivery 195.00
79026 Check 10/05/2018 11867 - MCDANIEL, JORDAN Reimbursement for Lunch Supplies at Volunteer Recognition Event 179.28
79009 Check 10/05/2018 10140 - PINE CONE LUMBER CO INC Oljon Trail Material 174.91
78960 Check 09/28/2018 10670 - O'REILLY AUTO PARTS Vehicle Supplies - Wiper Blades, Batteries for P86, M202 & P88 172.05
78938 Check 09/28/2018 10357 - A-TOTAL FIRE PROTECTION COMPANY Fire Alarm Sprinkler System Inspection (FFO)160.00
78953 Check 09/28/2018 10186 - FEDERAL EXPRESS Shipping Charges - AO 159.38
78997 Check 10/05/2018 12004 - Joshua Agee Musical Performance and Volunteer Recognition Event 9/22/18 150.00
79005 Check 10/05/2018 10925 - PAPE` MACHINERY Vehicle Supplies - Air Filters 136.63
78958 Check 09/28/2018 10305 - LOS ALTOS TOWN CRIER Legal Ad - Monte Bello Driveway 130.00
78971 Check 09/28/2018 10152 - TADCO SUPPLY Janitorial Supplies (RSACP)99.74
79004 Check 10/05/2018 10481 - PACIFIC TELEMANAGEMENT SERVICE Campsite Pay Phone - MB 78.00
78947 Check 09/28/2018 10170 - CASCADE FIRE EQUIPMENT COMPANY M201 Pumper Part 75.42
78955 Check 09/28/2018 11593 - H.T. HARVEY & ASSOCIATES Alma College Bar Surveys through 7/31/18 73.50
78986 Check 10/05/2018 10172 - CALIFORNIA WATER SERVICE CO-3525 Water Service - 555 Portola Road 55.56
78994 Check 10/05/2018 10169 - FOSTER BROTHERS SECURITY SYSTEMS Keys - FFO 52.32
page 3 of 3
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CLAIMS REPORT
MEETING # 18-35
MEETING DATE 10-10-18 Fiscal Year to date EFT:10.90%
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
78980 Check 10/05/2018 11880 - A T & T (CALNET3)Mt Um Pay Phone - Monthly Service 39.55
78962 Check 09/28/2018 *10180 - P G & E Electric at Hawthorn & 22500 Cristo Rey 30.65
78985 Check 10/05/2018 10183 - BARRON PARK SUPPLY CO INC Purisima Spigot Repair 23.11
78969 Check 09/28/2018 11059 - SAN MATEO COUNTY HEALTH DEPT District Rentals Water Testing 22.00
78977 Check 09/28/2018 0000A - CHICAGO DISTRIBUTION CENTER Book for Reference Use by Planning Department 19.78
78978 Check 09/28/2018 Void 0000A - CHICAGO DISTRIBUTION CENTER Book for Reference Use by Planning Department - Duplicate 19.78
Grand Total 764,346.14$
*Annual Claims
**Hawthorn Expenses
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
Abbreviations
R-18-113
Meeting 18-35
October 10, 2018
AGENDA ITEM 3
AGENDA ITEM
Award of Contract to Gradetech Inc., to Replace the Purisima Creek Redwoods Vault Toilet
GENERAL MANAGER’S RECOMMENDATIONS
1. Award a contract to Gradetech Inc., of San Ramon, California for a not-to-exceed base
contract amount of $80,000 to replace the single vault toilet restroom with a double vault
toilet restroom at lower Purisima Creek Redwoods Open Space Preserve.
2. Authorize a 15% contingency of $12,000 to be reserved for unanticipated issues, thus
allowing the total contract amount not-to-exceed $92,000.
SUMMARY
The Purisima Creek Redwoods Vault Toilet Replacement Project (Project) will demolish and
remove the existing single vault restroom at the Purisima Creek Redwoods lower parking area.
The scope of work includes the installation of erosion and sediment control measures; demolition
and removal of a single vault restroom structure and foundation; excavation and site grading;
installation of a pre-manufactured double vault restroom; and an Americans with Disabilities Act
(ADA) accessible path of travel. Midpeninsula Regional Open Space District (District) issued a
Request for Bids on August 6, 2018. No bidders attended the mandatory site walk. On August
17, 2018, the District contacted three contractors familiar with District projects and received one
bid proposal on August 30, 2018. Gradetech Inc. is the lowest and sole responsive and
responsible bidder. Other larger construction projects are likely outcompeting the District’s
small restroom replacement project, hence the little interest received amongst local contractors.
Therefore, the General Manager recommends awarding a contract to the one bidder, Gradetech
Inc., for a base amount of $80,000 and authorizing a 15% contingency, for a total not-to-exceed
amount of $92,000. The Fiscal Year (FY) 2018-19 Budget includes sufficient funds for the
recommended action. Work is set to begin October 2018 and finish in November.
DISCUSSION
The FY2018-19 Capital Improvement and Action Plan includes the replacement of a single-vault
restroom with a new double-vault restroom at the Higgins Canyon Trailhead in lower Purisima
Creek Redwoods Open Space Preserve. Replacing the existing restroom will improve
accessibility, visitor experience, maintenance, and increase the number of available stalls for
public use. The existing restroom building and vault will be demolished, removed, and disposed
of in accordance with San Mateo County Environmental Health requirements. The new restroom
building and vaults will have a similar footprint as the existing restroom and will be installed in
the same location.
R-18-113 Page 2
The County of San Mateo reviewed and approved all necessary County permits on July 13, 2018.
This project is also permitted under and will comply with the California Department of Fish and
Wildlife (CDFW) Section 1600 Lake and Streambed Alteration Agreement via the District’s
Routine Maintenance Agreement (RMA). The project will require the removal of three red alder
trees in proximity to the existing structure. These trees will be mitigated through replanting at a
two (2) to one (1) ratio at a RMA approved location. Staff or a qualified consultant will conduct
preconstruction surveys for California red-legged frog (CRLF), San Francisco dusky-footed
woodrat (SFDW), and Marbled Murrelet (MAMU). If CRLF, SFDW, or MAMU are detected on
site during construction, no work shall occur until the animal has left the vicinity. The
construction area will be closed to the public and a temporary portable restroom will be placed at
the trailhead for Preserve visitors.
Public Notification
Staff has kept nearby residents informed of the project. Upon approval, adjacent landowners will
be notified of the demolition and construction schedule.
Contractor Selection
A Request for Bids was issued on August 6, 2018 and released to four builders’ exchanges:
Peninsula Builders Exchange, Builders Exchange of Santa Clara County, Bay Area Builders
Exchange, and The San Francisco Builders Exchange. A legal notice was posted in the San
Mateo County Times and the Half Moon Bay Review, and an Invitation to Bid was posted on the
District website. A mandatory pre-bid site walk was held on Tuesday, August 14, 2018 with zero
(0) contractors attending. On August 17, 2018, District staff solicited three bids from contractors
familiar with District projects. On August 30, 2018 one bid was received as listed below:
Bidder Location Total Base Bid
Percent +/- from
Engineer’s
Estimate ($60,000)
Gradetech Inc. San Ramon, CA $80,000 +33%
Randazzo Enterprises, Inc. Castroville, CA No Bid Received -
Granite Rock Watsonville, CA No Bid Received -
Staff recommends awarding the project to the sole responsive and responsible bidder since
reissuing the Request for Bids does not guarantee more or lower bids, and may increase the cost
given the continually increasing construction market. During this bidding process, many
contractors indicated that they did not have the capacity or interest to take on the project, which
is likely due to its limited scope, small scale, and remote location.
Given the potential presence of Marbled Murrelet, the construction window is limited to between
September 15 and November 1, 2018 to avoid the nesting and breeding season. Work outside
this window requires additional permitting from California Fish and Wildlife, which is not
guaranteed.
Therefore, the General Manager recommends awarding the contract to Gradetech Inc., as the sole
lowest responsible bidder who submitted a responsive bid. Gradetech Inc., has previously
completed the Sears Ranch Road Parking Area Project and Sears Ranch Road Phase III Repair
Project, and is familiar with District contracts, policies, and permitting requirements.
R-18-113 Page 3
FISCAL IMPACT
The approved FY2018-19 Budget and Action Plan includes $120,500 for the Purisima Creek
Restroom Replacement Project #35003. There are sufficient funds in the project budget to cover
the recommended action and expenditures.
FY2018-19
Project # 35003 Budget $120,500
Spent-to-Date (as of 09/10/2018): ($5,699)
Encumbrances: ($17,089)
Proposed Contract: ($92,000)
Budget Remaining (if approved): $5,712
The recommended action is not a Measure AA project, and therefore not eligible for Measure
AA funds.
BOARD COMMITTEE REVIEW
There was no prior Committee review for this agenda item.
PUBLIC NOTICE
Public notice of this Agenda Item was provided as required by the Brown Act. Prior to
construction, public notification will be mailed to all surrounding preserve neighbors.
CEQA COMPLIANCE
The proposed restroom replacement at Purisima Creek Redwoods is categorically exempt from
the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Sections
15302 and 15304, as follows:
Section 15302 – Replacement or Reconstruction: The proposed project involves the
replacement of an existing restroom vault and building. The new double-vault restroom
will be located on the same site and have substantially the same capacity as the existing
restroom.
Section 15304 – Minor Alterations to Land: The project includes trenching and
backfilling to remove the existing vault and to install the new vault. The surface will be
restored following disturbance. Three red alder trees will be removed and replaced at a
2:1 ratio as required by the RMA.
A Notice of Exemption was filed with San Mateo County on May 23, 2018 and was posted for a
period of 30 days in accordance with CEQA.
NEXT STEPS
If approved, the General Manager will enter into a contract with Gradetech Inc. Final contract
signature is subject to meeting all District’s requirements, such as having all required insurance
R-18-113 Page 4
and bonding in place. The contractor would begin construction in October 2018 and complete
the work in November 2018.
Attachment
1. Project Site Map
Responsible Department Head:
Jason Lin, P.E., Engineering & Construction Department Manager
Prepared by:
Sean Smith, Capital Project Manager II, Engineering & Construction Department
Graphics prepared by:
Zachary Alexander, Capital Project Manager III, Engineering & Construction Department
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September 2018
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R-18-117
Meeting 18-35
October 10, 2018
AGENDA ITEM 4
AGENDA ITEM
Approve a Correction to the Classification and Compensation Plan and a Corresponding
Correction in the Midpeninsula Regional Open Space District Memorandum of Understanding
with the Field Employees Association
GENERAL MANAGER’S RECOMMENDATIONS
1. Adopt a resolution approving a corrected Classification and Compensation Plan for
Midpeninsula Regional Open Space District Employees.
2. Adopt a resolution approving the corrected Salary Range Chart in the Memorandum of
Understanding with the Field Employees Association.
SUMMARY
While implementing the Classification and Compensation Plan changes approved by the
Midpeninsula Regional Open Space District (District) Board of Directors (Board) on September
26, 2018, staff discovered a numerical error in one column of the compensation table. Staff is
resubmitting the Classification and Compensation Plan for Board approval with the error
corrected. Additionally, one page in the Field Employee Association (FEA) Memorandum of
Understanding (MOU) that includes the compensation table contains the same error and the
correction warrants formal approval from the Board. The corrective action is cost neutral for
both the District and staff, as staff have not received incorrect compensation due to this error,
and there have been no erroneous adjustments made to salaries or benefits.
DISCUSSION
The Board approved a new, three-year contract with the FEA on September 26, 2018. The new
MOU between the FEA and the District includes changes to salaries and benefits. The Board
also approved changes in salaries and benefits for the Office, Supervisory and Management
(OSM) employees on September 26. The exhibits to the resolutions approving these changes
included an updated Classification and Compensation Plan, which details all District
classifications and corresponding compensation. Following Board approval on September 26,
2018, Human Resources staff discovered an error on the Classification and Compensation Plan
as they began the internal process of implementing compensation changes. The numerical error
was in the “hourly range” column of the document due to an incorrect calculation formula.
A similar chart, which is Appendix A to the MOU, contains the same error.
R-18-117 Page 2
The correction is cost neutral for the District and staff as no erroneous compensation changes
have been implemented to date. The Board-approved compensation adjustments will be
reflected in the payroll following October 10, 2018, after the Board approves the corrected
Classification and Compensation Plan.
The attached resolutions adopt these corrections.
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
BOARD COMMITTEE REVIEW
This item was not previously reviewed by a Committee.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
This item is not a project subject to the California Environmental Quality Act.
NEXT STEPS
Upon approval of the resolutions, staff will post the corrected Classification and Compensation
Plan, and the District will be in compliance with CalPERS and state law.
Attachments
1. Resolution approving the corrected Classification and Compensation Plan
2. Resolution approving the corrected Appendix A to the Memorandum of
Understanding
Responsible Department Head:
Stefan Jaskulak, Chief Financial Officer, Director of Administrative Services
Prepared by:
Candice Basnight, Human Resources Manager
Attachment 1
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 the 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.
18-38 as amended, shall remain in full force and effect
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on October 10, 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 1
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 Minimum Maximum Maximum Minimum Maximum Minimum Maximum Time
Seasonal Open Space Technician 6 20.7275 20.7030 24.6071 25.8490 3,589 4,481 43,062 53,766 PT
Seasonal Ranger Aide 6 20.7275 20.7030 24.6071 25.8490 3,589 4,481 43,062 53,766 PT
Seasonal Ranger 16 26.5330 26.4254 31.3992 32.9917 4,580 5,719 54,965 68,623 PT
Administrative Assistant 20 29.2874 29.1351 34.6199 36.3669 5,050 6,304 60,601 75,643 FT
Farm Maintenance Worker 20 29.2874 29.1351 34.6199 36.3669 5,050 6,304 60,601 75,643 FT
Open Space Technician*20 29.2874 29.1351 34.6199 36.3669 5,050 6,304 60,601 75,643 FT
Accounting Technician 22 30.7701 30.5791 36.3491 38.1853 5,300 6,619 63,605 79,425 FT
Human Resources Technician 22 30.7701 30.5791 36.3491 38.1853 5,300 6,619 63,605 79,425 FT
Information Technology Technician I 22 30.7701 30.5791 36.3491 38.1853 5,300 6,619 63,605 79,425 FT
GIS Technician 23 31.5394 31.3516 37.2583 39.1479 5,434 6,786 65,211 81,428 FT
Facilities Maintenance Specialist 24 32.3278 32.1063 38.1674 40.1046 5,565 6,951 66,781 83,418 FT
Lead Open Space Technician*24 32.3278 32.1063 38.1674 40.1046 5,565 6,951 66,781 83,418 FT
Risk Management Coordinator 24 32.3278 32.1063 38.1674 40.1046 5,565 6,951 66,781 83,418 FT
Senior Administrative Assistant 24 32.3278 32.1063 38.1674 40.1046 5,565 6,951 66,781 83,418 FT
Public Affairs Program Coordinator 25 33.1360 32.9144 39.1182 41.1029 5,705 7,125 68,462 85,494 FT
Volunteer Program Lead 25 33.1360 32.9144 39.1182 41.1029 5,705 7,125 68,462 85,494 FT
Ranger 26 33.9644 33.7107 40.0749 42.1013 5,843 7,298 70,118 87,571 FT
Senior Finance & Accounting Technician 26 33.9644 33.7107 40.0749 42.1013 5,843 7,298 70,118 87,571 FT
Executive Assistant 27 34.8135 34.5545 41.0732 43.1590 5,989 7,481 71,873 89,771 FT
Information Technology Technician II 27 34.8135 34.5545 41.0732 43.1590 5,989 7,481 71,873 89,771 FT
Public Affairs Specialist I 27 34.8135 34.5545 41.0732 43.1590 5,989 7,481 71,873 89,771 FT
Equipment Mechanic/Operator 28 35.6839 35.4043 42.0775 44.2048 6,137 7,662 73,641 91,946 FT
Lead Ranger 28 35.6839 35.4043 42.0775 44.2048 6,137 7,662 73,641 91,946 FT
Property Management Specialist I 28 35.6839 35.4043 42.0775 44.2048 6,137 7,662 73,641 91,946 FT
Real Property Specialist I 28 35.6839 35.4043 42.0775 44.2048 6,137 7,662 73,641 91,946 FT
Executive Assistant/Deputy District Clerk 29 36.5760 36.2897 43.1233 45.3101 6,290 7,854 75,483 94,245 FT
Planner I 29 36.5760 36.2897 43.1233 45.3101 6,290 7,854 75,483 94,245 FT
Data Analyst I 30 37.4904 37.1751 44.1811 46.4213 6,444 8,046 77,324 96,556 FT
Docent Program Manager 30 37.4904 37.1751 44.1811 46.4213 6,444 8,046 77,324 96,556 FT
Resource Management Specialist I 30 37.4904 37.1751 44.1811 46.4213 6,444 8,046 77,324 96,556 FT
Volunteer Program Manager 30 37.4904 37.1751 44.1811 46.4213 6,444 8,046 77,324 96,556 FT
Accountant 31 38.4276 38.1021 45.2804 47.5741 6,604 8,246 79,252 98,954 FT
Capital Project Manager II 31 38.4276 38.1021 45.2804 47.5741 6,604 8,246 79,252 98,954 FT
Planner II 31 38.4276 38.1021 45.2804 47.5741 6,604 8,246 79,252 98,954 FT
Management Analyst I 31 38.4276 38.1021 45.2804 47.5741 6,604 8,246 79,252 98,954 FT
Data Analyst II 34 41.3824 40.9782 48.7091 51.1811 7,103 8,871 85,235 106,457 FT
Resource Management Specialist II 34 41.3824 40.9782 48.7091 51.1811 7,103 8,871 85,235 106,457 FT
Grants Specialist 35 42.4169 42.0002 49.9392 52.4528 7,280 9,092 87,360 109,102 FT
Maintenance, Construction & Resource Supv.35 42.4169 42.0002 49.9392 52.4528 7,280 9,092 87,360 109,102 FT
Management Analyst II 35 42.4169 42.0002 49.9392 52.4528 7,280 9,092 87,360 109,102 FT
Procurement & Contracting Agent/Specialist 35 42.4169 42.0002 49.9392 52.4528 7,280 9,092 87,360 109,102 FT
Property Management Specialist II 35 42.4169 42.0002 49.9392 52.4528 7,280 9,092 87,360 109,102 FT
Real Property Specialist II 35 42.4169 42.0002 49.9392 52.4528 7,280 9,092 87,360 109,102 FT
Supervising Ranger 35 42.4169 42.0002 49.9392 52.4528 7,280 9,092 87,360 109,102 FT
Training & Safety Specialist 35 42.4169 42.0002 49.9392 52.4528 7,280 9,092 87,360 109,102 FT
Applications Engineer 36 43.4773 43.0342 51.1454 53.7363 7,459 9,314 89,511 111,771 FT
Public Affairs Specialist II 36 43.4773 43.0342 51.1454 53.7363 7,459 9,314 89,511 111,771 FT
Data Administrator 38 45.6784 45.1794 53.7066 56.4341 7,831 9,782 93,973 117,383 FT
Governmental Affairs Specialist 38 45.6784 45.1794 53.7066 56.4341 7,831 9,782 93,973 117,383 FT
Senior Technologist 38 45.6784 45.1794 53.7066 56.4341 7,831 9,782 93,973 117,383 FT
Facilities Maintenance Supervisor 39 46.8203 46.3084 55.0495 57.8246 8,027 10,023 96,321 120,275 FT
Capital Projects Field Manager 39 46.8203 46.3084 55.0495 57.8246 8,027 10,023 96,321 120,275 FT
Capital Project Manager III 39 46.8203 46.3084 55.0495 57.8246 8,027 10,023 96,321 120,275 FT
Planner III 39 46.8203 46.3084 55.0495 57.8246 8,027 10,023 96,321 120,275 FT
Public Affairs Specialist III 39 46.8203 46.3084 55.0495 57.8246 8,027 10,023 96,321 120,275 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 $
Resource Management Specialist III 39 46.8203 46.3084 55.0495 57.8246 8,027 10,023 96,321 120,275 FT
Senior Property Management Specialist 40 47.9909 47.4434 56.3866 59.2448 8,224 10,269 98,682 123,229 FT
Senior Real Property Specialist 40 47.9909 47.4434 56.3866 59.2448 8,224 10,269 98,682 123,229 FT
Special Projects Manager 40 47.9909 47.4434 56.3866 59.2448 8,224 10,269 98,682 123,229 FT
Senior Accountant 41 49.1906 48.6200 57.7949 60.7304 8,427 10,527 101,130 126,319 FT
Senior Management Analyst 41 49.1906 48.6200 57.7949 60.7304 8,427 10,527 101,130 126,319 FT
Area Manager 43 51.6809 51.0563 60.6828 63.7669 8,850 11,053 106,197 132,635 FT
Area Superintendent 43 51.6809 51.0563 60.6828 63.7669 8,850 11,053 106,197 132,635 FT
District Clerk/Assistant to General Manager 43 51.6809 51.0563 60.6828 63.7669 8,850 11,053 106,197 132,635 FT
GIS Program Administrator 43 51.6809 51.0563 60.6828 63.7669 8,850 11,053 106,197 132,635 FT
Information Technology Program Administrator 43 51.6809 51.0563 60.6828 63.7669 8,850 11,053 106,197 132,635 FT
Human Resources Supervisor 43 51.6809 51.0563 60.6828 63.7669 8,850 11,053 106,197 132,635 FT
Senior Capital Project Manager 43 51.6809 51.0563 60.6828 63.7669 8,850 11,053 106,197 132,635 FT
Senior Planner 43 51.6809 51.0563 60.6828 63.7669 8,850 11,053 106,197 132,635 FT
Senior Resource Management Specialist 43 51.6809 51.0563 60.6828 63.7669 8,850 11,053 106,197 132,635 FT
Budget & Analysis Manager 48 58.4722 57.6642 68.5445 72.0148 9,995 12,483 119,941 149,791 FT
Finance Manager 48 58.4722 57.6642 68.5445 72.0148 9,995 12,483 119,941 149,791 FT
Human Resources Manager 48 58.4722 57.6642 68.5445 72.0148 9,995 12,483 119,941 149,791 FT
Information Systems & Technology Manager 48 58.4722 57.6642 68.5445 72.0148 9,995 12,483 119,941 149,791 FT
Engineering & Construction Manager 51 62.9682 62.0555 73.7738 77.5055 10,756 13,434 129,075 161,211 FT
Land & Facilities Services Manager 51 62.9682 62.0555 73.7738 77.5055 10,756 13,434 129,075 161,211 FT
Natural Resources Manager 51 62.9682 62.0555 73.7738 77.5055 10,756 13,434 129,075 161,211 FT
Operations Manager 51 62.9682 62.0555 73.7738 77.5055 10,756 13,434 129,075 161,211 FT
Planning Manager 51 62.9682 62.0555 73.7738 77.5055 10,756 13,434 129,075 161,211 FT
Public Affairs Manager 51 62.9682 62.0555 73.7738 77.5055 10,756 13,434 129,075 161,211 FT
Real Property Manager 51 62.9682 62.0555 73.7738 77.5055 10,756 13,434 129,075 161,211 FT
Visitor Services Manager 51 62.9682 62.0555 73.7738 77.5055 10,756 13,434 129,075 161,211 FT
Assistant General Counsel I 53 66.1559 65.1574 77.4580 81.3799 11,294 14,106 135,527 169,270 FT
Assistant General Counsel II 55 69.5051 68.4197 81.3383 85.4504 11,859 14,811 142,313 177,737 FT
Assistant General Manager 59 76.7206 75.4376 89.6694 94.2093 13,076 16,330 156,910 195,955 FT
Chief Financial Officer/Director Administrative
Services 59 76.7206 75.4376 89.6694 94.2093 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 $100.00 $500.00 1/1/2006
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.
Last Revised
12/13/2017
11/1/2016
12/13/2017
Per Meeting Monthly Maximum Effective Date
Attachment 2
Resolutions/2018/-__Correct FEA MOU 1
RESOLUTION NO. 18-__
RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT CORRECTING APPENDIX A TO 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, and on September 26, 2018, the Board approved the MOU; and
WHEREAS, certain information in Appendix A to the MOU was incorrect and the
purpose of this action is to adopt the corrected Appendix A and incorporate it into the MOU.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Midpeninsula Regional Open Space District does hereby approve the corrected Appendix A,
attached hereto and incorporated herein, which shall be appended to the Memorandum of
Understanding between Midpeninsula Regional Open Space District and Midpeninsula Regional
Open Space District Field Employees Association effective July 1, 2018 through June 31, 2021..
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on October 10, 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 2
Resolutions/2018/-__Correct 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
MOU
July 1, 2018 to June 30, 2021
i
APPENDIX A - DISTRICT SALARY RANGES EFFECTIVE 7/1/158
MOU
July 1, 2018 to June 30, 2021
ii
R-18-116
Meeting 18-35
October 10, 2018
AGENDA ITEM 5
AGENDA ITEM
Resolution to Oppose California State Proposition 6
GENERAL MANAGER’S RECOMMENDATION
Adopt a resolution to oppose California State Proposition 6, which seeks to repeal the Road
Repair and Accountability Act of 2017, and require voter approval for future increases or
extensions of fuel taxes and vehicle fees.
SUMMARY
The California Secretary of State’s office placed a citizens’ initiative, Proposition 6, the Voter
Approval for Future Gas and Vehicle Taxes and 2017 Tax Repeal Initiative, on the November 6,
2018 general election ballot (See Attachment 1). The measure would repeal bill SB 1 (Beall):
Transportation Funding, which Governor Brown signed on April 28, 2018. SB 1 will generate
approximately $5.4 billion for transportation and transportation-related projects, including
commuter trail projects. A repeal of SB 1 would rescind and terminate this funding source.
Furthermore, Proposition 6 requires that any future increase or extension of gasoline taxes or
vehicle fees go to a vote of the people for approval.
DISCUSSION
SB 1 (Beall): Transportation Funding Overview:
SB 1 was passed by the California Legislature and signed by the Governor on April 28, 2018.
The bill generates a continuing funding source for transportation-related projects in the face of
mounting costs and deteriorating infrastructure through the following:
• A 12-cent per gallon tax on gasoline. This amounts to an inflation adjustment to restore
the purchasing power lost since the gas tax was last raised in 1994.
• A Transportation Improvement Fee built into the annual vehicle registration fee that
varies based on the value of the vehicle and depreciates over time.
• A zero-emission vehicle registration fee of $100 per year.
• A 20-cent per gallon tax on diesel.
• A four percent rate increase in the sales tax on diesel fuel.
These revenues amount to approximately $5.4 billion per year. Proposition 69 – approved by 81
percent of voters in June 2018 – added a provision to the California Constitution ensuring that all
R-18-116 Page 2
SB 1 funding sources are protected from diversion to the General Fund or to any non-
transportation purpose.
While SB 1 focuses on transportation projects, like roadway and public transit, certain funding
may directly benefit the District.
• The bill embraces a “Fix It First” approach, allocating most of the funding to
maintenance versus expansion of the highway system. The bill also provides significant
funding for transit and active transportation to support walking and biking modes of
travel. This policy and investment approach would fund commuter trails, including the
Bay Trail, and minimize the addition of new transportation facilities, thus reducing the
total built footprint, which also reduces potential environmental impacts.
• The bill provides more flexible funding for the California State Parks system by allowing
the gasoline taxes attributed to boats and off-highway vehicles to support state parks.
• The bill allocates $30 million a year for four years to establish an Advance Mitigation
Program. Advance mitigation is a science-based approach that identifies opportunities to
support regional conservation priorities and reduce the environmental impact of
transportation projects. By considering mitigation development early in the planning
process prior to design and permitting, proponents can identify higher-quality mitigation
opportunities that result in greater conservation and resource benefits.
• The bill allocates $20 million to local and regional agencies for climate change
adaptation planning and requires that transportation projects be resilient to climate
change impacts such as sea level rise, fires and floods (where feasible and cost effective).
• The bill provides a dedicated transportation funding source, thus reducing pressure on the
State General Fund for potential expansion of future investments in parks and
conservation. Conversely, if SB1 is repealed, pressure may rise to reduce budget
allocations in categories like parks and natural resources to address the transportation
funding gap.
As with any new funding source, District staff will better understand the funding eligibility of
District projects once grant guidelines for the different SB 1 funding sources are developed.
Legislative Program:
SB 1 aligns with many of the Board’s adopted legislative priorities and positions specified in the
2018 Legislative Program, which the Board ratified on January 10, 2018. These include:
• Wildlife Corridors: With the passage of Santa Clara County Measure B and a focus at
the state level on funding transportation infrastructure, advance mitigation has become
increasingly important to secure and protect habitat connectivity and wildlife corridors.
• Public Access and Education: SB 1 has the potential to fund public transportation
programs and transportation improvements to expand public access to open space
preserves and parks (Item 15), and enable better connectivity between neighborhoods and
open spaces, i.e. Transit to trails (Item 16).
Per Board Policy 1.11, “Positions on Ballot Measures and Legislative Advocacy,” the Board may
consider taking a position on the measure if the measure meets the following criteria:
R-18-116 Page 3
i. Would directly impact the District’s finances, responsibilities, legal authority, or
operations; AND
ii. Is in line with or inconsistent with the District’s mission and/or commitment to preserve
open space within its boundaries and sphere of influence.
A list of notable organizations opposing Proposition 6 and a list of arguments opposing and
supporting the measure can be found in Attachment 3. Entities opposing Proposition 6 include
East Bay Regional Park District, Save the Bay, Sierra Club California, The Nature Conservancy,
and California League of Conservation Voters.
FISCAL IMPACT
There is no direct fiscal impact associated with the recommended action. However, if SB 1 is
repealed, the funding sources specified earlier would no longer be available to the District.
BOARD COMMITTEE REVIEW
A Board Committee did not previously review this item.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. No additional notice is required.
CEQA COMPLIANCE
This item is not a project subject to the California Environmental Quality Act.
NEXT STEPS
If approved by the Board of Directors, a copy of the resolution opposing Proposition 6 will be
forwarded to key partners.
ATTACHMENTS
1. SB 1 (Beall): Transportation funding bill language
2. Proposition 6 ballot measure language
3. List of Organizations opposing Proposition 6
Responsible Department Head:
Cydney Bieber, Acting Public Affairs Manager
Prepared by:
Joshua Hugg, Governmental Affairs Specialist
Senate Bill No. 1
CHAPTER 5
An act to amend Section 14526.5 of, to add Sections 14033, 14110,
14526.7, 14556.41, and 16321 to, to add Chapter 5 (commencing with
Section 14460) to Part 5 of Division 3 of Title 2 of, to repeal Sections
63048.66, 63048.67, 63048.7, 63048.75, 63048.8, and 63048.85 of, and to
repeal and add Section 63048.65 of, the Government Code, to add Section
43021 to the Health and Safety Code, to amend Section 99312.1 of, and to
add Sections 99312.3, 99312.4, and 99314.9 to, the Public Utilities Code,
to amend Sections 6051.8, 6201.8, 7360, 8352.4, 8352.5, 8352.6, and 60050
of, to add Sections 7361.2, 7653.2, 60050.2, and 60201.4 to, and to add
Chapter 6 (commencing with Section 11050) to Part 5 of Division 2 of, the
Revenue and Taxation Code, to amend Sections 2104, 2105, 2106, and 2107
of, to add Sections 2103.1 and 2192.4 to, to add Article 2.5 (commencing
with Section 800) to Chapter 4 of Division 1 of, and to add Chapter 2
(commencing with Section 2030) and Chapter 8.5 (commencing with Section
2390) to Division 3 of, the Streets and Highways Code, and to amend Section
4156 of, and to add Sections 4000.15 and 9250.6 to, the Vehicle Code,
relating to transportation, making an appropriation therefor, and declaring
the urgency thereof, to take effect immediately.
[Approved by Governor April 28, 2017. Filed with
Secretary of State April 28, 2017.]
legislative counsel’s digest
SB 1, Beall. Transportation funding.
(1) Existing law provides various sources of funding for transportation
purposes, including funding for the state highway system and the local street
and road system. These funding sources include, among others, fuel excise
taxes, commercial vehicle weight fees, local transactions and use taxes, and
federal funds. Existing law imposes certain registration fees on vehicles,
with revenues from these fees deposited in the Motor Vehicle Account and
used to fund the Department of Motor Vehicles and the Department of the
California Highway Patrol. Existing law provides for the monthly transfer
of excess balances in the Motor Vehicle Account to the State Highway
Account.
This bill would create the Road Maintenance and Rehabilitation Program
to address deferred maintenance on the state highway system and the local
street and road system. The bill would require the California Transportation
Commission to adopt performance criteria, consistent with a specified asset
management plan, to ensure efficient use of certain funds available for the
program. The bill would provide for the deposit of various funds for the
program in the Road Maintenance and Rehabilitation Account, which the
94
Attachment 1
bill would create in the State Transportation Fund, including revenues
attributable to a $0.12 per gallon increase in the motor vehicle fuel (gasoline)
tax imposed by the bill with an inflation adjustment, as provided, 50% of a
$0.20 per gallon increase in the diesel excise tax, with an inflation
adjustment, as provided, a portion of a new transportation improvement fee
imposed under the Vehicle License Fee Law with a varying fee between
$25 and $175 based on vehicle value and with an inflation adjustment, as
provided, and a new $100 annual vehicle registration fee applicable only
to zero-emission vehicles model year 2020 and later, with an inflation
adjustment, as provided. The bill would provide that the fuel excise tax
increases take effect on November 1, 2017, the transportation improvement
fee takes effect on January 1, 2018, and the zero-emission vehicle registration
fee takes effect on July 1, 2020.
This bill would annually set aside $200,000,000 of the funds available
for the program to fund road maintenance and rehabilitation purposes in
counties that have sought and received voter approval of taxes or that have
imposed fees, including uniform developer fees, as defined, which taxes or
fees are dedicated solely to transportation improvements. These funds would
be continuously appropriated for allocation pursuant to guidelines to be
developed by the California Transportation Commission in consultation
with local agencies. The bill would require $100,000,000 of the funds
available for the program to be available annually for expenditure, upon
appropriation by the Legislature, on the Active Transportation Program.
The bill would require $400,000,000 of the funds available for the program
to be available annually for expenditure, upon appropriation by the
Legislature, on state highway bridge and culvert maintenance and
rehabilitation. The bill would require $5,000,000 of the funds available for
the program that are not restricted by Article XIX of the California
Constitution to be appropriated each fiscal year to the California Workforce
Development Board to assist local agencies to implement policies to promote
preapprenticeship training programs to carry out specified projects funded
by the account. The bill would require $25,000,000 of the funds available
for the program to be annually transferred to the State Highway Account
for expenditure on the freeway service patrol program. The bill would require
$25,000,000 of the funds available for the program to be available annually
for expenditure, upon appropriation by the Legislature, on local planning
grants. The bill would authorize annual appropriations of $5,000,000 and
$2,000,000 of the funds available for the program to the University of
California and the California State University, respectively, for the purpose
of conducting transportation research and transportation-related workforce
education, training, and development, as specified. The bill would require
the remaining funds available for the program to be allocated 50% for
maintenance of the state highway system or to the state highway operation
and protection program and 50% to cities and counties pursuant to a specified
formula. The bill would impose various requirements on the department
and agencies receiving these funds. The bill would authorize a city or county
to spend its apportionment of funds under the program on transportation
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priorities other than those allowable pursuant to the program if the city’s or
county’s average Pavement Condition Index meets or exceeds 80.
(2) Existing law creates the Department of Transportation within the
Transportation Agency.
This bill would create the Independent Office of Audits and Investigations
within the department, with specified powers and duties. The bill would
provide for the Governor to appoint the director of the office for a 6-year
term, subject to confirmation by the Senate, and would provide that the
director, who would be known as the Inspector General, may not be removed
from office during the term except for good cause. The bill would specify
the duties and responsibilities of the Inspector General with respect to the
department and local agencies receiving state and federal transportation
funds through the department, and would require an annual report to the
Legislature and Governor.
This bill would require the department to update the Highway Design
Manual to incorporate the “complete streets” design concept by January 1,
2018. The bill would require the department to develop a plan by January
1, 2020, to increase by up to 100% the dollar value of contracts awarded to
small businesses, disadvantaged business enterprises, and disabled veteran
business enterprises, as specified.
(3) Existing law provides for loans of revenues from various
transportation funds and accounts to the General Fund, with various
repayment dates specified.
This bill would identify the amount of outstanding loans from certain
transportation funds as $706,000,000. The bill would require the Department
of Finance to prepare a loan repayment schedule and would require the
outstanding loans to be repaid pursuant to that schedule, as prescribed. The
bill would appropriate funds for that purpose from the Budget Stabilization
Account. The bill would require the repaid funds to be transferred, pursuant
to a specified formula, to various state and local transportation purposes.
(4) The Highway Safety, Traffic Reduction, Air Quality, and Port Security
Bond Act of 2006 (Proposition 1B) created the Trade Corridors Improvement
Fund and provided for allocation by the California Transportation
Commission of $2 billion in bond funds for infrastructure improvements
on highway and rail corridors that have a high volume of freight movement
and for specified categories of projects eligible to receive these funds.
This bill would deposit the revenues attributable to 50% of the $0.20 per
gallon increase in the diesel fuel excise tax imposed by the bill into the
Trade Corridor Enhancement Account, to be expended on corridor-based
freight projects nominated by local agencies and the state.
(5) Article XIX of the California Constitution requires gasoline excise
tax revenues from motor vehicles traveling upon public streets and highways
to be deposited in the Highway Users Tax Account, for allocation to city,
county, and state transportation purposes. Existing law generally provides
for statutory allocation of gasoline excise tax revenues attributable to other
modes of transportation, including aviation, boats, agricultural vehicles,
and off-highway vehicles, to particular accounts and funds for expenditure
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on purposes associated with those other modes, except that a specified
portion of these gasoline excise tax revenues is deposited in the General
Fund. Expenditure of the gasoline excise tax revenues attributable to those
other modes is not restricted by Article XIX of the California Constitution.
This bill, commencing November 1, 2017, would transfer the gasoline
excise tax revenues attributable to boats and off-highway vehicles from the
new $0.12 per gallon increase, and future inflation adjustments from that
increase, to the State Parks and Recreation Fund, to be used for state parks,
off-highway vehicle programs, or boating programs. The bill would allocate
revenues from future inflation adjustments of the existing gasoline excise
tax rate attributable to the nonhighway modes pursuant to existing law.
(6) Existing law, as of July 1, 2011, increases the sales and use tax on
diesel and decreases the excise tax, as provided. Existing law requires the
State Board of Equalization to annually modify both the gasoline and diesel
excise tax rates on a going-forward basis so that the various changes in the
taxes imposed on gasoline and diesel are revenue neutral.
This bill would eliminate, effective July 1, 2019, the annual rate
adjustment to maintain revenue neutrality for the gasoline and diesel excise
tax rates and would reimpose on that date the higher gasoline excise tax
rate that was in effect on July 1, 2010, in addition to the increase in the rate
described in (1) above that becomes effective on November 1, 2017.
Existing law, beyond the sales and use tax rate generally applicable,
imposes an additional sales and use tax on diesel fuel at the rate of 1.75%,
subject to certain exemptions, and provides for the net revenues collected
from the additional tax to be transferred to the Public Transportation
Account. Existing law continuously appropriates these and other revenues
in the account to the Controller for allocation by formula to transportation
agencies for public transit purposes under the State Transit Assistance
Program. Existing law provides for appropriation of other revenues in the
account to the Department of Transportation for various other transportation
purposes, including intercity rail purposes.
This bill would increase the additional sales and use tax rate on diesel
fuel by an additional 4%. The bill would continuously appropriate revenues
attributable to the 3.5% rate increase to the Controller for allocation to
transportation agencies for public transit purposes under the State Transit
Assistance Program. The bill would require the revenues attributable to the
remaining 0.5% rate increase to be continuously appropriated to the
Transportation Agency for intercity rail and commuter rail purposes.
The bill would also allocate portions of the revenue from the new
transportation improvement fee to the State Transit Assistance Program and
to the Transit and Intercity Rail Capital Program. The bill would restrict
expenditures of the fee revenues made available to the State Transit
Assistance Program to transit capital purposes and certain transit services,
and would require a recipient transit agency to comply with various
requirements, as specified.
(7) Existing law provides for the state to receive certain compact assets,
as defined, from designated tribal compacts relative to Indian gaming, and
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authorized the compact assets to be sold by the Infrastructure and Economic
Development Bank to a special purpose trust in order to generate state
revenues. Existing law designated certain of these revenues to be used to
repay certain loans of transportation funds that were made to the General
Fund.
This bill would delete the references to the special purpose trust and revise
payments to various transportation accounts to be made from compact assets.
The bill would repeal various other related provisions.
(8) Existing law creates the Traffic Congestion Relief Program and
identifies various specific projects eligible to receive funding.
This bill would deem the Traffic Congestion Relief Program to be
complete and final as of June 30, 2017, and would provide that projects
without approved applications are no longer eligible for funding.
(9) Existing law requires the Department of Transportation to prepare a
state highway operation and protection program every other year for the
expenditure of transportation capital improvement funds for projects that
are necessary to preserve and protect the state highway system, excluding
projects that add new traffic lanes. The program is required to be based on
an asset management plan, as specified. Existing law requires the department
to specify, for each project in the program the capital and support budget
and projected delivery date for various components of the project. Existing
law provides for the California Transportation Commission to review and
adopt the program, and authorizes the commission to decline and adopt the
program if it determines that the program is not sufficiently consistent with
the asset management plan.
This bill would require the commission, as part of its review of the
program, to hold at least one hearing in northern California and one hearing
in southern California regarding the proposed program. The bill would
require the department to submit any change to a programmed project as
an amendment to the commission for its approval.
This bill, on and after July 1, 2017, would also require the commission
to make an allocation of capital outlay support resources by project phase
for each project in the program, and would require the department to submit
a supplemental project allocation request to the commission for each project
that experiences cost increases above the amounts in its allocation. The bill
would require the commission to establish guidelines to provide exceptions
to the requirement for a supplemental project allocation requirement that
the commission determines are necessary to ensure that projects are not
unnecessarily delayed.
(10) Existing law generally provides for transportation capital
improvement projects to be nominated and programmed through the state
highway operation and protection program, relative to state highway
rehabilitation and similar projects, or through the state transportation
improvement program, relative to capacity enhancements and other capital
projects.
This bill would create the Solutions for Congested Corridors Program,
with funding appropriated for the program from a portion of the new
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transportation improvement fee to be allocated by the California
Transportation Commission to projects designed to achieve a balanced set
of transportation, environmental, and community access improvements
within highly congested travel corridors throughout the state and that are
part of a comprehensive corridor plan. The bill would provide for regional
transportation agencies and the Department of Transportation to nominate
projects, with preference to be given to projects that demonstrate
collaboration between the regional agencies and the department.
(11) The California Environmental Quality Act (CEQA) requires a lead
agency, as defined, to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project that it proposes
to carry out or approve that may have a significant effect on the environment
or to adopt a negative declaration if it finds that the project will not have
that effect. CEQA also requires a lead agency to prepare a mitigated negative
declaration for a project that may have a significant effect on the environment
if revisions in the project would avoid or mitigate that effect and there is
no substantial evidence that the project, as revised, would have a significant
effect on the environment.
This bill would establish the Advance Mitigation Program in the
Department of Transportation to enhance communications between the
department and stakeholders to, among other things, protect natural resources
and accelerate project delivery. The bill would require the department to
set aside not less than $30,000,000 annually for 4 years for the program
from capital outlay revenues.
(12) Existing law imposes various limitations on emissions of air
contaminants for the control of air pollution from vehicular and nonvehicular
sources. Existing law generally designates the State Air Resources Board
as the state agency with the primary responsibility for the control of vehicular
air pollution.
This bill would prohibit, except as specified, the requiring of the
retirement, replacement, retrofit, or repower of a self-propelled commercial
motor vehicle during a specified period. The bill would require the state
board to, by January 1, 2025, evaluate the impact of these provisions on
state and local clean air efforts to meet state and local clean air goals, as
provided.
(13) Existing law prohibits a person from driving, moving, or leaving
standing upon a highway any motor vehicle, as defined, that has been
registered in violation of provisions regulating vehicle emissions.
This bill, effective January 1, 2020, would require the Department of
Motor Vehicles to confirm, prior to the initial registration or the transfer of
ownership and registration of a diesel-fueled vehicle with a gross vehicle
weight rating of more than 14,000 pounds, that the vehicle is compliant
with, or exempt from, applicable air pollution control technology
requirements, pursuant to specified provisions. The bill would require the
department to refuse registration, or renewal or transfer of registration, for
certain diesel-fueled vehicles, based on weight and model year, that are
subject to specified provisions relating to the reduction of emissions of
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diesel particulate matter, oxides of nitrogen, and other criteria pollutants
from in-use diesel-fueled vehicles. The bill would authorize the department
to allow registration, or renewal or transfer of registration, for any
diesel-fueled vehicle that has been reported to the State Air Resources Board,
and is using an approved exemption, or is compliant with applicable air
pollution control technology requirements, pursuant to specified provisions.
Existing law authorizes the department, in its discretion, to issue a
temporary permit to operate a vehicle when a payment of fees has been
accepted in an amount to be determined by the department and paid to the
department by the owner or other person in lawful possession of the vehicle.
This bill would additionally authorize the department to issue a temporary
permit to operate a vehicle for which registration is otherwise required to
be refused under the provisions of the bill, as prescribed.
(14) The bill would enact other related provisions.
(15) This bill would declare that it is to take effect immediately as an
urgency statute.
Appropriation: yes.
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:
(a) Over the next 10 years, the state faces a $59 billion shortfall to
adequately maintain the existing state highway system in order to keep it
in a basic state of good repair.
(b) Similarly, cities and counties face a $78 billion shortfall over the next
decade to adequately maintain the existing network of local streets and
roads.
(c) Statewide taxes and fees dedicated to the maintenance of the system
have not been increased in more than 20 years, with those revenues losing
more than 55 percent of their purchasing power, while costs to maintain the
system have steadily increased and much of the underlying infrastructure
has aged past its expected useful life.
(d) California motorists are spending $17 billion annually in extra
maintenance and car repair bills, which is more than $700 per driver, due
to the state’s poorly maintained roads.
(e) Failing to act now to address this growing problem means that more
drastic measures will be required to maintain our system in the future,
essentially passing the burden on to future generations instead of doing our
job today.
(f) A funding program will help address a portion of the maintenance
backlog on the state’s road system and will stop the growth of the problem.
(g) Modestly increasing various fees can spread the cost of road repairs
broadly to all users and beneficiaries of the road network without
overburdening any one group.
(h) Improving the condition of the state’s road system will have a positive
impact on the economy as it lowers the transportation costs of doing business,
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reduces congestion impacts for employees, and protects property values in
the state.
(i) The federal government estimates that increased spending on
infrastructure creates more than 13,000 jobs per $1 billion spent.
(j) Well-maintained roads benefit all users, not just drivers, as roads are
used for all modes of transport, whether motor vehicles, transit, bicycles,
or pedestrians.
(k) Well-maintained roads additionally provide significant health benefits
and prevent injuries and death due to crashes caused by poorly maintained
infrastructure.
(l) A comprehensive, reasonable transportation funding package will do
all of the following:
(1) Ensure these transportation needs are addressed.
(2) Fairly distribute the economic impact of increased funding.
(3) Restore the gas tax rate previously reduced by the State Board of
Equalization pursuant to the gas tax swap.
(4) Direct increased revenue to the state’s highest transportation needs.
(m) This act presents a balance of new revenues and reasonable reforms
to ensure efficiency, accountability, and performance from each dollar
invested to improve California’s transportation system. The revenues
designated in this act are intended to address both state and local
transportation infrastructure needs as follows:
(1) The revenues estimated to be available for allocation under the act
to local agencies are estimated over the next 10 years to be as follows:
(A) Fifteen billion dollars ($15,000,000,000) to local street and road
maintenance.
(B) Seven billion five hundred million dollars ($7,500,000,000) for transit
operations and capital.
(C) Two billion dollars ($2,000,000,000) for the local partnership
program.
(D) One billion dollars ($1,000,000,000) for the Active Transportation
Program.
(E) Eight hundred twenty-five million dollars ($825,000,000) for the
regional share of the State Transportation Improvement Program.
(F) Two hundred fifty million dollars ($250,000,000) for local planning
grants.
(2) The revenues estimated to be available for allocation under the act
to the state are estimated over the next 10 years to be as follows:
(A) Fifteen billion dollars ($15,000,000,000) for state highway
maintenance and rehabilitation.
(B) Four billion dollars ($4,000,000,000) for highway bridge and culvert
maintenance and rehabilitation.
(C) Three billion dollars ($3,000,000,000) for high priority freight
corridors.
(D) Two billion five hundred million dollars ($2,500,000,000) for
congested corridor relief.
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(E) Eight hundred million dollars ($800,000,000) for parks programs,
off-highway vehicle programs, boating programs, and agricultural programs.
(F) Two hundred seventy-five million dollars ($275,000,000) for the
interregional share of the State Transportation Improvement Program.
(G) Two hundred fifty million dollars ($250,000,000) for freeway service
patrols.
(H) Seventy million dollars ($70,000,000) for transportation research at
the University of California and the California State University.
(n) It is the intent of the Legislature that the Department of Transportation
meet the following preliminary performance outcomes for additional state
highway investments by the end of 2027, in accordance with applicable
state and federal standards:
(1) Not less than 98 percent of pavement on the state highway system in
good or fair condition.
(2) Not less than 90 percent level of service achieved for maintenance
of potholes, spalls, and cracks.
(3) Not less than 90 percent of culverts in good or fair condition.
(4) Not less than 90 percent of the transportation management system
units in good condition.
(5) Fix not less than an additional 500 bridges.
(o) Further, it is the intent of the Legislature that the Department of
Transportation leverage funding provided by this act for trade corridors and
other highly congested travel corridors in order to obtain matching funds
from federal and other sources to maximize improvements in the state’s
high-priority freight corridors and in the most congested commute corridors.
(p) Constitutionally protecting the funds raised by this act ensures that
these funds are to be used only for transportation purposes necessary to
repair roads and bridges, expand the economy, and protect natural resources.
(q) This act advances greenhouse gas reduction objectives and other
environmental goals by focusing on “fix-it-first” projects, investments in
transit and active transportation, and supporting Senate Bill 375 (Chapter
728, Statutes of 2008) and transportation plans.
SEC. 2. This act shall be known, and may be cited as, the Road Repair
and Accountability Act of 2017.
SEC. 3. Section 14033 is added to the Government Code, to read:
14033. On or before January 1, 2018, the department shall update the
Highway Design Manual to incorporate the “complete streets” design
concept.
SEC. 4. Section 14110 is added to the Government Code, to read:
14110. Consistent with federal and state laws and regulations, including,
but not limited to, the department’s goal setting methodology as approved
by the Federal Highway Administration, the department shall develop a
plan by January 1, 2020, to increase by up to 100 percent the dollar value
of contracts and procurements awarded to small businesses, disadvantaged
business enterprises, and disabled veteran business enterprises. The plan
shall include the use of targeted media, including minority and women
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business enterprises, to outreach to these businesses and shall be provided
to the Legislature pursuant to Section 9795.
SEC. 5. Chapter 5 (commencing with Section 14460) is added to Part
5 of Division 3 of Title 2 of the Government Code, to read:
Chapter 5. Department of Transportation independent Office
of Audits and Investigations
14460. (a) There is hereby created in the department the Independent
Office of Audits and Investigations to ensure all of the following:
(1) The department, and external entities that receive state and federal
transportation funds from the department, are spending those funds
efficiently, effectively, economically, and in compliance with applicable
state and federal requirements. Those external entities include, but are not
limited to, private for profit and nonprofit organizations, local transportation
agencies, and other local agencies that receive transportation funds either
through a contract with the department or through an agreement or grant
administered by the department.
(2) The department’s programs are functioning consistent with applicable
accounting standards and practices and are administered effectively,
efficiently, and economically.
(3) The department’s management is accomplishing departmental
priorities, developing an annual audit plan, administering an effective
enterprise risk management program, and is making efficient, effective, and
financially responsible transportation decisions.
(4) The Secretary of Transportation, the Legislature, the California
Transportation Commission, and the director and chief deputy director of
the department are fully informed concerning fraud, improper activities, or
other serious abuses or deficiencies relating to the expenditure of
transportation funds or administration of department programs and
operations.
(b) The Governor shall appoint the director of the Audits and
Investigations Office, who shall serve a six-year term, have the title of
Inspector General, and be subject to Senate confirmation. The Inspector
General may not be removed from office during that term, except for good
cause. The reasons for removal of the Inspector General shall be stated in
writing and shall include the basis for removal. The writing shall be sent to
the Secretary of the Senate and the Chief Clerk of the Assembly at the time
of the removal and shall be deemed to be a public document.
(c) The Inspector General is vested with the full authority to exercise all
responsibility for maintaining a full scope, independent, and objective audit
and investigation program as prescribed by Sections 1237, 13885, 13886.5,
13887.5, and 13888, including, but not limited to, those activities described
in Section 14461.
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(d) Notwithstanding Section 13887, in order to achieve independence
and objectivity pursuant to this section, the Independent Office of Audits
and Investigation shall meet all of the following requirements:
(1) The Inspector General shall report all audit and confidential
investigation findings and recommendations made under his or her
jurisdiction to the Secretary of Transportation and the director and chief
deputy director of the department on an ongoing and current basis.
(2) The Inspector General shall report at least annually, or upon request,
to the Governor, the Legislature, and the California Transportation
Commission with a summary of his or her investigation and audit findings
and recommendations. The summary shall be posted on the office’s Internet
Web site and shall otherwise be made available to the public upon its release
to the Governor, commission, and Legislature. The summary shall include,
but need not be limited to, significant problems discovered by the Inspector
General and whether the Inspector General’s recommendations relative to
audits and investigations have been implemented by the affected units and
programs of the department or affected external entities. The report shall
be submitted to the Legislature in compliance with Section 9795.
14461. The Inspector General shall review policies, practices, and
procedures and conduct audits and investigations of activities involving
state transportation funds administered by the department in consultation
with all affected units and programs of the department and external entities.
SEC. 6. Section 14526.5 of the Government Code is amended to read:
14526.5. (a) Based on the asset management plan prepared and approved
pursuant to Section 14526.4, the department shall prepare a state highway
operation and protection program for the expenditure of transportation funds
for major capital improvements that are necessary to preserve and protect
the state highway system. Projects included in the program shall be limited
to improvements relative to the maintenance, safety, operation, and
rehabilitation of state highways and bridges that do not add a new traffic
lane to the system.
(b) The program shall include projects that are expected to be advertised
prior to July 1 of the year following submission of the program, but which
have not yet been funded. The program shall include those projects for
which construction is to begin within four fiscal years, starting July 1 of the
year following the year the program is submitted.
(c) (1) The department, at a minimum, shall specify, for each project in
the state highway operation and protection program, the capital and support
budget, as applicable, for each of the following project phases:
(A) Project approval and environmental documents, support only.
(B) Plans, specifications, and estimates, support only.
(C) Rights-of-way.
(D) Construction.
(2) The department shall specify, for each project in the state highway
operation and protection program, a projected delivery date for each of the
following components:
(A) Project approval and environmental document completion.
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(B) Plans, specifications, and estimates completion.
(C) Right-of-way certification.
(D) Start of construction.
(d) The department shall submit its proposed program to the commission
not later than January 31 of each even-numbered year. Prior to submitting
its proposed program, the department shall make a draft of its proposed
program available to transportation planning agencies for review and
comment and shall include the comments in its submittal to the commission.
The department shall provide the commission with detailed information for
all programmed projects on cost, scope, schedule, and performance metrics
as determined by the commission.
(e) The commission shall review the proposed program relative to its
overall adequacy, consistency with the asset management plan prepared
and approved pursuant to Section 14526.4 and funding priorities established
in Section 167 of the Streets and Highways Code, the level of annual funding
needed to implement the program, and the impact of those expenditures on
the state transportation improvement program. The commission shall adopt
the program and submit it to the Legislature and the Governor not later than
April 1 of each even-numbered year. The commission may decline to adopt
the program if the commission determines that the program is not sufficiently
consistent with the asset management plan prepared and approved pursuant
to Section 14526.4.
(f) As part of the commission’s review of the program required pursuant
to subdivision (a), the commission shall hold at least one hearing in northern
California and one hearing in southern California regarding the proposed
program.
(g) On or after July 1, 2017, to provide sufficient and transparent oversight
of the department’s capital outlay support resources composed of both state
staff and contractors, the commission shall be required to allocate the
department’s capital outlay support resources by project phase, including
preconstruction. Through this action, the commission will provide public
transparency for the department’s budget estimates, increasing assurance
that the annual budget forecast is reasonable. The commission shall develop
guidelines, in consultation with the department, to implement this
subdivision. Guidelines adopted by the commission to implement this
subdivision shall be exempt from the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1).
(h) Beginning July 1, 2017, for a project that experiences increases in
capital or support costs above the amounts in the commission’s allocation
pursuant to subdivision (g), the commission shall establish a threshold for
requiring a supplemental project allocation. The commission’s guidelines
adopted pursuant to subdivision (g) shall also establish the threshold that
the commission determines is necessary to ensure efficiency and may provide
exceptions as necessary so that projects are not unnecessarily delayed.
(i) The department, for each project requiring a supplemental project
allocation pursuant to subdivision (h), shall submit a request to the
commission for its approval.
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(j) Expenditures for these projects shall not be subject to Sections 188
and 188.8 of the Streets and Highways Code.
SEC. 7. Section 14526.7 is added to the Government Code, to read:
14526.7. (a) The department shall incorporate the performance targets
in subdivision (n) of Section 1 of the act adding this section into the asset
management plan adopted by the commission and targets adopted by the
commission pursuant to Sections 14526.4 and 14526.5. The asset
management plan shall also include targets adopted by the commission in
consultation with the department for each asset class included in subdivision
(n) of Section 1 of the act adding this section to measure the degree to which
progress was made towards achieving the overall 2027 targets. Targets may
be modified by the commission as needed to conform to federal regulation
on performance measures and the completion of the department’s asset
management plan. Nothing in this section precludes the commission from
adopting additional targets and performance measures pursuant to paragraph
(1) of subdivision (c) of Section 14526.4.
(b) As specified by guidelines adopted by the commission, the department
shall report to the commission on its progress toward meeting the targets
and performance measures established for state highways pursuant to
subdivision (n) of Section 1 of the act adding this section and paragraph (1)
of subdivision (c) of Section 14526.4.
SEC. 8. Section 14556.41 is added to the Government Code, to read:
14556.41. As of June 30, 2017, projects in Section 14556.40 for the
Traffic Congestion Relief Program shall be deemed complete and final, and
funding levels shall be based on actual amounts requested by the designated
lead applicant pursuant to Section 14556.12. Projects without approved
applications in accordance with Section 14556.12 shall no longer be eligible
for program funding. Traffic Congestion Relief Program savings shall be
transferred to other transportation accounts for the purposes specified in
Section 16321.
SEC. 9. Section 16321 is added to the Government Code, to read:
16321. The amount of outstanding loans made pursuant to Section
14556.8 is seven hundred six million dollars ($706,000,000). This amount
shall be repaid from the General Fund pursuant to subdivision (c) of Section
20 of Article XVI of the California Constitution no later than June 30, 2020,
and upon repayment of this amount all loans authorized pursuant to Section
14556.8 and any associated interest shall be deemed repaid. The loans shall
be repaid proportionately and in equal installments over three years. The
Department of Finance shall prepare a loan repayment schedule, pursuant
to which the outstanding loans shall be repaid by June 30, 2020, as follows:
(a) Two hundred fifty-six million dollars ($256,000,000) for transfer to
the Public Transportation Account, to be allocated as follows:
(1) Up to twenty million dollars ($20,000,000) to local and regional
agencies for climate change adaptation planning.
(2) The remainder to the Transit and Intercity Rail Capital Program as
authorized in Part 2 (commencing with Section 75220) of Division 44 of
the Public Resources Code.
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(b) Two hundred twenty-five million dollars ($225,000,000) for transfer
to the State Highway Account, for the State Highway Operation and
Protection Program.
(c) Two hundred twenty-five million dollars ($225,000,000) is hereby
continuously appropriated without regard to fiscal year to the Controller for
apportionment to cities and counties for local streets and roads pursuant to
the formula in paragraph (3) of subdivision (a) of Section 2103 of the Streets
and Highways Code.
SEC. 10. Section 63048.65 of the Government Code is repealed.
SEC. 11. Section 63048.65 is added to the Government Code, to read:
63048.65. (a) Prior to July 1, 2015, three hundred twenty-one million
dollars ($321,000,000) of the one billion two hundred million dollars
($1,200,000,000) of loans from the Traffic Congestion Relief Fund to the
General Fund was repaid using tribal gaming compact revenues. In 2016,
an additional one hundred seventy-three million dollars ($173,000,000) was
repaid from the General Fund.
(b) The remaining seven hundred six million dollars ($706,000,000) of
loans from the Traffic Congestion Relief Fund to the General Fund shall be
repaid pursuant to Section 14556.8.
SEC. 12. Section 63048.66 of the Government Code is repealed.
SEC. 13. Section 63048.67 of the Government Code is repealed.
SEC. 14. Section 63048.7 of the Government Code is repealed.
SEC. 15. Section 63048.75 of the Government Code is repealed.
SEC. 16. Section 63048.8 of the Government Code is repealed.
SEC. 17. Section 63048.85 of the Government Code is repealed.
SEC. 18. Section 43021 is added to the Health and Safety Code, to read:
43021. (a) Except as provided in subdivision (b), the retirement,
replacement, retrofit, or repower of a self-propelled commercial motor
vehicle, as defined in Section 34601 of the Vehicle Code, shall not be
required until the later of the following:
(1) Thirteen years from the model year the engine and emission control
system are first certified for use in self-propelled commercial motor vehicles
by the state board or other applicable state and federal agencies.
(2) When the vehicle reaches the earlier of either 800,000 vehicle miles
traveled or 18 years from the model year the engine and emission control
system are first certified for use in self-propelled commercial motor vehicles
by the state board or other applicable state and federal agencies.
(b) This section does not apply to any of the following:
(1) Safety programs, including, but not limited to, those adopted pursuant
to Section 34501 of the Vehicle Code.
(2) Voluntary incentive and grant programs, including, but not limited
to, those that give preferential access to a facility to a particular vehicle or
class of vehicles.
(3) Programs designed to address inspection of, tampering with, and
maintenance of, emission control systems.
(4) Programs designed to address imminent health risks where evidence,
unavailable at the time equipment is certified for use by the state board or
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other applicable state and federal agencies, is sufficient to show that
immediate corrective action is necessary to prevent injury, illness, or death.
(c) This section only applies to laws or regulations adopted or amended
after January 1, 2017.
(d) It is the intent of the Legislature for this section to provide owners
of self-propelled commercial motor vehicles, as defined in subdivision (a),
certainty about the useful life of engines certified by the state board and
other applicable agencies to meet required environmental standards for sale
in the state. This section is not meant to otherwise restrict the authority of
the state board or districts.
(e) (1) The state board shall, by January 1, 2025, evaluate the impact of
the provisions of this section on state and local clean air efforts to meet state
and local clean air goals. The evaluation shall include a review of the
following:
(A) Compliance with the truck and bus rule (Section 2025 of Title 13 of
the California Code of Regulations).
(B) The benefits and impacts of measures enacted to improve local air
quality impacts from stationary sources.
(C) State implementation plan compliance.
(2) As part of the study, the state board shall make recommendations to
the Legislature on additional or different mechanisms for achieving those
goals while recognizing the financial investments made by the effected
entities. In developing the study, the state board shall take into account the
report required in Section 38531 of the Health and Safety Code.
(3) The state board shall hold at least one public workshop prior to the
completion of the study.
SEC. 19. Section 99312.1 of the Public Utilities Code is amended to
read:
99312.1. (a) Revenues transferred to the Public Transportation Account
pursuant to Sections 6051.8 and 6201.8 of the Revenue and Taxation Code
for the State Transit Assistance Program are hereby continuously
appropriated to the Controller for allocation as follows:
(1) Fifty percent for allocation to transportation planning agencies, county
transportation commissions, and the San Diego Metropolitan Transit
Development Board pursuant to Section 99314.
(2) Fifty percent for allocation to transportation agencies, county
transportation commissions, and the San Diego Metropolitan Transit
Development Board for purposes of Section 99313.
(b) For purposes of this chapter, the revenues allocated pursuant to this
section shall be subject to the same requirements as revenues allocated
pursuant to subdivisions (b) and (c), as applicable, of Section 99312.
(c) The revenues transferred to the Public Transportation Account for
the State Transit Assistance Program that are attributable to subdivision (a)
of Section 11053 of the Revenue and Taxation Code are hereby continuously
appropriated to the Controller, and, upon allocation pursuant to Sections
99313 and 99314, shall only be expended on the following:
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(1) Transit capital projects or services to maintain or repair a transit
operator’s existing transit vehicle fleet or existing transit facilities, including
rehabilitation or modernization of existing vehicles or facilities.
(2) The design, acquisition, and construction of new vehicles or facilities
that improve existing transit services.
(3) Transit services that complement local efforts for repair and
improvement of local transportation infrastructure.
(d) (1) Prior to receiving an apportionment of funds pursuant to
subdivision (c) from the Controller in a fiscal year, a recipient transit agency
shall submit to the Department of Transportation a list of projects proposed
to be funded with these funds. The list of projects proposed to be funded
with these funds shall include a description and location of each proposed
project, a proposed schedule for the project’s completion, and the estimated
useful life of the improvement. The project list shall not limit the flexibility
of a recipient transit agency to fund projects in accordance with local needs
and priorities so long as the projects are consistent with subdivision (c).
(2) The department shall report to the Controller the recipient transit
agencies that have submitted a list of projects as described in this subdivision
and that are therefore eligible to receive an apportionment of funds for the
applicable fiscal year. The Controller, upon receipt of the report, shall
apportion funds pursuant to Sections 99313 and 99314.
(e) For each fiscal year, each recipient transit agency receiving an
apportionment of funds pursuant to subdivision (c) shall, upon expending
those funds, submit documentation to the department that includes a
description and location of each completed project, the amount of funds
expended on the project, the completion date, and the estimated useful life
of the improvement.
(f) The audit of transit operator finances required pursuant to Section
99245 shall verify that the revenues identified in subdivision (c) have been
expended in conformance with these specific requirements and all other
generally applicable requirements.
SEC. 20. Section 99312.3 is added to the Public Utilities Code, to read:
99312.3. Revenues transferred to the Public Transportation Account
pursuant to paragraph (2) of subdivision (c) of Section 6051.8 and paragraph
(2) of subdivision (c) of Section 6201.8 of the Revenue and Taxation Code
are hereby continuously appropriated to the Transportation Agency for
distribution in the following manner:
(a) (1) Fifty percent of available annual revenues under this section shall
be allocated by the Transportation Agency to the public agencies, including
joint powers agencies, responsible for state-supported intercity rail services.
A minimum of 25 percent of the funds available under this subdivision shall
be allocated to each of the state’s three intercity rail corridors that provide
regularly scheduled intercity rail service.
(2) The Transportation Agency shall adopt guidelines governing the
administration of the funds available under this subdivision, including
provisions providing authority for loans of these funds by mutual agreement
between intercity rail service corridors.
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(b) (1) Fifty percent of available annual revenues under this section shall
be allocated by the Transportation Agency to the public agencies, including
joint powers agencies, responsible for commuter rail services. For the
2018–19 and 2019–20 fiscal years, 20 percent of the funds available under
this subdivision shall be allocated to each of the state’s five commuter rail
service providers that provide regularly scheduled commuter rail service.
Commencing July 1, 2020, the funds available under this subdivision shall
be allocated based on guidelines and a distribution formula adopted by the
Transportation Agency.
(2) On or before July 1, 2019, the Transportation Agency shall prepare
a draft of the proposed guidelines and distribution formula and make them
available for public comment. In preparing the proposed guidelines and
distribution formula, the agency shall consult with the state’s five commuter
rail service providers. The final guidelines and distribution formula shall
be adopted on or before January 1, 2020. The guidelines shall include, but
need not be limited to, provisions providing authority for loans of these
funds by mutual agreement between commuter rail service providers and
providing for baseline allocations to each provider.
(c) The funds made available by this section may be used for operations
and capital improvements.
SEC. 21. Section 99312.4 is added to the Public Utilities Code, to read:
99312.4. Revenues transferred to the Public Transportation Account
pursuant to subdivision (a) of Section 11053 of the Revenue and Taxation
Code for the Transit and Intercity Rail Capital Program (Part 2 (commencing
with Section 75220) of Division 44 of the Public Resources Code) shall be
available for appropriation to that program pursuant to the annual Budget
Act.
SEC. 22. Section 99314.9 is added to the Public Utilities Code, to read:
99314.9. The Controller shall compute quarterly proposed allocations
for State Transit Assistance Program funds available for allocation pursuant
to Sections 99313 and 99314. The Controller shall publish the allocations
for each eligible recipient agency, including one list applicable to revenues
allocated pursuant to subdivision (c) of Section 99312.1 and another list for
revenues allocated from all other revenues in the Public Transportation
Account that are designated for the State Transit Assistance Program.
SEC. 23. Section 6051.8 of the Revenue and Taxation Code is amended
to read:
6051.8. (a) Except as provided by Section 6357.3, in addition to the
taxes imposed by this part, for the privilege of selling tangible personal
property at retail a tax is hereby imposed upon all retailers at the rate of
1.75 percent of the gross receipts of any retailer from the sale of all diesel
fuel, as defined in Section 60022.
(b) Except as provided by Section 6357.3, in addition to the taxes imposed
by this part and by subdivision (a), commencing November 1, 2017, for the
privilege of selling tangible personal property at retail a tax is hereby
imposed upon all retailers at the rate of 4 percent of the gross receipts of
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Attachment 1
any retailer from the sale of all diesel fuel, as defined in Section 60022, sold
at retail in this state.
(c) (1) Notwithstanding subdivision (b) of Section 7102, except as
otherwise provided in paragraph (2), all of the revenues, less refunds,
collected pursuant to this section shall be estimated by the State Board of
Equalization, with the concurrence of the Department of Finance, and
transferred quarterly to the Public Transportation Account in the State
Transportation Fund for allocation under the State Transit Assistance
Program pursuant to Section 99312.1 of the Public Utilities Code.
(2) The revenues, less refunds, attributable to a rate of 0.5 percent of the
4-percent increase in the rate pursuant to subdivision (b), amounting to
one-eighth of revenues from the increase in the rate under that subdivision,
shall be estimated by the State Board of Equalization, with the concurrence
of the Department of Finance, and transferred quarterly to the Public
Transportation Account in the State Transportation Fund for allocation by
the Transportation Agency to intercity rail and commuter rail purposes
pursuant to Section 99312.3 of the Public Utilities Code.
SEC. 24. Section 6201.8 of the Revenue and Taxation Code is amended
to read:
6201.8. (a) Except as provided by Section 6357.3, in addition to the
taxes imposed by this part, an excise tax is hereby imposed on the storage,
use, or other consumption in this state of diesel fuel, as defined in Section
60022, at the rate of 1.75 percent of the sales price of the diesel fuel.
(b) Except as provided by Section 6357.3, in addition to the taxes imposed
by this part and by subdivision (a), commencing November 1, 2017, an
excise tax is hereby imposed on the storage, use, or other consumption in
this state of diesel fuel, as defined in Section 60022, at the rate of 4 percent
of the sales price of the diesel fuel.
(c) (1) Notwithstanding subdivision (b) of Section 7102, except as
otherwise provided in paragraph (2), all of the revenues, less refunds,
collected pursuant to this section shall be estimated by the State Board of
Equalization, with the concurrence of the Department of Finance, and
transferred quarterly to the Public Transportation Account in the State
Transportation Fund for allocation pursuant to Section 99312.1 of the Public
Utilities Code.
(2) The revenues, less refunds, attributable to a rate of 0.5 percent of the
4-percent increase in the rate pursuant to subdivision (b), amounting to
one-eighth of revenues from the increase in the rate under that subdivision,
shall be estimated by the State Board of Equalization, with the concurrence
of the Department of Finance, and transferred quarterly to the Public
Transportation Account in the State Transportation Fund for allocation by
the Transportation Agency to intercity rail and commuter rail purposes
pursuant to Section 99312.3 of the Public Utilities Code.
SEC. 25. Section 7360 of the Revenue and Taxation Code is amended
to read:
7360. (a) (1) A tax of eighteen cents ($0.18) is hereby imposed upon
each gallon of fuel subject to the tax in Sections 7362, 7363, and 7364.
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Attachment 1
(2) If the federal fuel tax is reduced below the rate of nine cents ($0.09)
per gallon and federal financial allocations to this state for highway and
exclusive public mass transit guideway purposes are reduced or eliminated
correspondingly, the tax rate imposed by paragraph (1), on and after the
date of the reduction, shall be recalculated by an amount so that the combined
state rate under paragraph (1) and the federal tax rate per gallon equal
twenty-seven cents ($0.27).
(3) If any person or entity is exempt or partially exempt from the federal
fuel tax at the time of a reduction, the person or entity shall continue to be
so exempt under this section.
(b) (1) On and after July 1, 2010, in addition to the tax imposed by
subdivision (a), a tax is hereby imposed upon each gallon of motor vehicle
fuel, other than aviation gasoline, subject to the tax in Sections 7362, 7363,
and 7364 in an amount equal to seventeen and three-tenths cents ($0.173)
per gallon.
(2) For the 2011–12 fiscal year and each fiscal year thereafter, the board
shall, on or before March 1 of the fiscal year immediately preceding the
applicable fiscal year, adjust the rate in paragraph (1) in that manner as to
generate an amount of revenue that will equal the amount of revenue loss
attributable to the exemption provided by Section 6357.7, based on estimates
made by the board, and that rate shall be effective during the state’s next
fiscal year.
(3) In order to maintain revenue neutrality for each year, beginning with
the rate adjustment on or before March 1, 2012, the adjustment under
paragraph (2) shall also take into account the extent to which the actual
amount of revenues derived pursuant to this subdivision and, as applicable,
Section 7361.1, the revenue loss attributable to the exemption provided by
Section 6357.7 resulted in a net revenue gain or loss for the fiscal year
ending prior to the rate adjustment date on or before March 1.
(4) The intent of paragraphs (2) and (3) is to ensure that the act adding
this subdivision and Section 6357.7 does not produce a net revenue gain in
state taxes.
(5) Commencing July 1, 2019, the adjustments in paragraphs (2) and (3)
shall cease, and the rate imposed by this subdivision shall be the rate in
paragraph (1).
(c) On and after November 1, 2017, in addition to the taxes imposed by
subdivisions (a) and (b), a tax is hereby imposed upon each gallon of motor
vehicle fuel, other than aviation gasoline, subject to the tax in Sections 7362,
7363, and 7364, in an amount equal to twelve cents ($0.12) per gallon.
(d) On July 1, 2020, and every July 1 thereafter, the board shall adjust
the taxes imposed by subdivisions (a), (b), and (c), with the adjustment to
apply to both to the base tax rates specified in those provisions and to any
previous adjustment in rates made pursuant to this subdivision, by increasing
the taxes by a percentage amount equal to the increase in the California
Consumer Price Index, as calculated by the Department of Finance with the
resulting taxes rounded to the nearest one-tenth of one cent ($0.01). The
first adjustment pursuant to this subdivision shall be a percentage amount
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Ch. 5— 19 —
Attachment 1
equal to the increase in the California Consumer Price Index from November
1, 2017, to November 1, 2019. Subsequent annual adjustments shall cover
subsequent 12 month periods. The incremental change shall be added to the
associated rate for that year.
(e) Any increases to the taxes imposed under subdivisions (a), (b), and
(c) that are enacted by legislation subsequent to July 1, 2017, shall be deemed
to be changes to the base tax rates for purposes of the California Consumer
Price Index calculation and adjustment performed pursuant to subdivision
(d).
SEC. 26. Section 7361.2 is added to the Revenue and Taxation Code,
to read:
7361.2. (a) For the privilege of storing, for the purpose of sale, each
supplier, wholesaler, and retailer owning 1,000 or more gallons of tax-paid
motor vehicle fuel on November 1, 2017, shall pay a storage tax, the rate
of which shall be determined by the board pursuant to the difference in the
rate of the tax on motor vehicle fuel in effect on October 31, 2017, and the
rate in effect on November 1, 2017, on tax-paid motor vehicle fuel in storage
according to the volumetric measure thereof.
(b) For purposes of this section:
(1) “Owning” means having title to the motor vehicle fuel.
(2) “Retailer” means any person who sells motor vehicle fuel in this state
to a person who subsequently uses the motor vehicle fuel.
(3) “Storing” includes the ownership or possession of tax-paid motor
vehicle fuel outside of the bulk transfer/terminal system, including the
holding of tax-paid motor vehicle fuel for sale at wholesale or retail locations
stored in a container of any kind, including railroad tank cars and trucks or
trailer cargo tanks. “Storing” also includes tax-paid motor vehicle fuel
purchased from and invoiced by the seller, and tax-paid motor vehicle fuel
removed from a terminal or entered into by a supplier, prior to the date
specified in subdivision (a) and in transit on that date.
(4) “Wholesaler” means any person who sells diesel fuel in this state for
resale to a retailer or to a person who is not a retailer and subsequently uses
the motor vehicle fuel.
SEC. 27. Section 7653.2 is added to the Revenue and Taxation Code,
to read:
7653.2. On or before January 1, 2018, each person subject to the storage
tax imposed under Section 7361.2 shall prepare and file with the board, in
a form prescribed by the board, a return showing the total number of gallons
of tax-paid motor vehicle fuel owned by the person on November 1, 2017,
the amount of the storage tax, and any other information that the board
deems necessary for the proper administration of this part. The return shall
be accompanied by a remittance payable to the board in the amount of tax
due.
SEC. 28. Section 8352.4 of the Revenue and Taxation Code is amended
to read:
8352.4. (a) Subject to Sections 8352 and 8352.1, and except as otherwise
provided in subdivision (b), there shall be transferred from the money
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deposited to the credit of the Motor Vehicle Fuel Account to the Harbors
and Watercraft Revolving Fund, for expenditure in accordance with Division
1 (commencing with Section 30) of the Harbors and Navigation Code, the
sum of six million six hundred thousand dollars ($6,600,000) per annum,
representing the amount of money in the Motor Vehicle Fuel Account
attributable to taxes imposed on distributions of motor vehicle fuel used or
usable in propelling vessels. The actual amount shall be calculated using
the annual reports of registered boats prepared by the Department of Motor
Vehicles for the United States Coast Guard and the formula and method of
the December 1972 report prepared for this purpose and submitted to the
Legislature on December 26, 1972, by the Director of Transportation. If the
amount transferred during each fiscal year is in excess of the calculated
amount, the excess shall be retransferred from the Harbors and Watercraft
Revolving Fund to the Motor Vehicle Fuel Account. If the amount
transferred is less than the amount calculated, the difference shall be
transferred from the Motor Vehicle Fuel Account to the Harbors and
Watercraft Revolving Fund. No adjustment shall be made if the computed
difference is less than fifty thousand dollars ($50,000), and the amount shall
be adjusted to reflect any temporary or permanent increase or decrease that
may be made in the rate under the Motor Vehicle Fuel Tax Law. Payments
pursuant to this section shall be made prior to payments pursuant to Section
8352.2.
(b) (1) Commencing July 1, 2012, the revenues attributable to the taxes
imposed pursuant to subdivision (b) of Section 7360 and otherwise to be
deposited in the Harbors and Watercraft Revolving Fund pursuant to
subdivision (a) shall instead be transferred to the General Fund.
(2) Commencing November 1, 2017, the revenues attributable to the
taxes imposed pursuant to subdivision (c) of Section 7360, any adjustment
pursuant to subdivision (d) of Section 7360, and Section 7361.2, and
otherwise to be deposited in the Harbors and Watercraft Revolving Fund
pursuant to subdivision (a), shall instead be transferred to the State Parks
and Recreation Fund to be used for state parks, off-highway vehicle
programs, or boating programs.
SEC. 29. Section 8352.5 of the Revenue and Taxation Code is amended
to read:
8352.5. (a) (1) Subject to Sections 8352 and 8352.1, and except as
otherwise provided in paragraph (1) of subdivision (b), there shall be
transferred from the money deposited to the credit of the Motor Vehicle
Fuel Account to the Department of Food and Agriculture Fund, during the
second quarter of each fiscal year, an amount equal to the estimate contained
in the most recent report prepared pursuant to this section.
(2) The amounts are not subject to Section 6357 with respect to the
collection of sales and use taxes thereon, and represent the portion of receipts
in the Motor Vehicle Fuel Account during a calendar year that were
attributable to agricultural off-highway use of motor vehicle fuel which is
subject to refund pursuant to Section 8101, less gross refunds allowed by
the Controller during the fiscal year ending June 30 following the calendar
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Ch. 5— 21 —
Attachment 1
year to persons entitled to refunds for agricultural off-highway use pursuant
to Section 8101. Payments pursuant to this section shall be made prior to
payments pursuant to Section 8352.2.
(b) (1) Commencing July 1, 2012, the revenues attributable to the taxes
imposed pursuant to subdivision (b) of Section 7360 and otherwise to be
deposited in the Department of Food and Agriculture Fund pursuant to
subdivision (a) shall instead be transferred to the General Fund.
(2) Commencing November 1, 2017, the revenues attributable to the
taxes imposed pursuant to subdivision (c) of Section 7360, as adjusted
pursuant to subdivision (d) of Section 7360, and Section 7361.2 shall be
deposited in the Department of Food and Agriculture Fund.
(c) On or before September 30, 2012, and on or before September 30 of
each even-numbered year thereafter, the Director of Transportation and the
Director of Food and Agriculture shall jointly prepare, or cause to be
prepared, a report setting forth the current estimate of the amount of money
in the Motor Vehicle Fuel Account attributable to agricultural off-highway
use of motor vehicle fuel, which is subject to refund pursuant to Section
8101 less gross refunds allowed by the Controller to persons entitled to
refunds for agricultural off-highway use pursuant to Section 8101; and they
shall submit a copy of the report to the Legislature.
SEC. 30. Section 8352.6 of the Revenue and Taxation Code is amended
to read:
8352.6. (a) (1) Subject to Section 8352.1, and except as otherwise
provided in paragraphs (2) and (3), on the first day of every month, there
shall be transferred from moneys deposited to the credit of the Motor Vehicle
Fuel Account to the Off-Highway Vehicle Trust Fund created by Section
38225 of the Vehicle Code an amount attributable to taxes imposed upon
distributions of motor vehicle fuel used in the operation of motor vehicles
off highway and for which a refund has not been claimed. Transfers made
pursuant to this section shall be made prior to transfers pursuant to Section
8352.2.
(2) (A) Commencing July 1, 2012, the revenues attributable to the taxes
imposed pursuant to subdivision (b) of Section 7360 and otherwise to be
deposited in the Off-Highway Vehicle Trust Fund pursuant to paragraph
(1) shall instead be transferred to the General Fund.
(B) Commencing November 1, 2017, the revenues attributable to the
taxes imposed pursuant to subdivision (c) of Section 7360, any adjustment
pursuant to subdivision (d) of Section 7360, and Section 7361.2, and
otherwise to be deposited in the Off-Highway Vehicle Trust Fund pursuant
to subdivision (a), shall instead be transferred to the State Parks and
Recreation Fund to be used for state parks, off-highway vehicle programs,
or boating programs.
(3) The Controller shall withhold eight hundred thirty-three thousand
dollars ($833,000) from the monthly transfer to the Off-Highway Vehicle
Trust Fund pursuant to paragraph (1), and transfer that amount to the General
Fund.
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(b) The amount transferred to the Off-Highway Vehicle Trust Fund
pursuant to paragraph (1) of subdivision (a), as a percentage of the Motor
Vehicle Fuel Account, shall be equal to the percentage transferred in the
2006–07 fiscal year. Every five years, starting in the 2013–14 fiscal year,
the percentage transferred may be adjusted by the Department of
Transportation in cooperation with the Department of Parks and Recreation
and the Department of Motor Vehicles. Adjustments shall be based on, but
not limited to, the changes in the following factors since the 2006–07 fiscal
year or the last adjustment, whichever is more recent:
(1) The number of vehicles registered as off-highway motor vehicles as
required by Division 16.5 (commencing with Section 38000) of the Vehicle
Code.
(2) The number of registered street-legal vehicles that are anticipated to
be used off highway, including four-wheel drive vehicles, all-wheel drive
vehicles, and dual-sport motorcycles.
(3) Attendance at the state vehicular recreation areas.
(4) Off-highway recreation use on federal lands as indicated by the United
States Forest Service’s National Visitor Use Monitoring and the United
States Bureau of Land Management’s Recreation Management Information
System.
(c) It is the intent of the Legislature that transfers from the Motor Vehicle
Fuel Account to the Off-Highway Vehicle Trust Fund should reflect the
full range of motorized vehicle use off highway for both motorized recreation
and motorized off-road access to other recreation opportunities. Therefore,
the Legislature finds that the fuel tax baseline established in subdivision
(b), attributable to off-highway estimates of use as of the 2006–07 fiscal
year, accounts for the three categories of vehicles that have been found over
the years to be users of fuel for off-highway motorized recreation or
motorized access to nonmotorized recreational pursuits. These three
categories are registered off-highway motorized vehicles, registered
street-legal motorized vehicles used off highway, and unregistered
off-highway motorized vehicles.
(d) It is the intent of the Legislature that the off-highway motor vehicle
recreational use to be determined by the Department of Transportation
pursuant to paragraph (2) of subdivision (b) be that usage by vehicles subject
to registration under Division 3 (commencing with Section 4000) of the
Vehicle Code, for recreation or the pursuit of recreation on surfaces where
the use of vehicles registered under Division 16.5 (commencing with Section
38000) of the Vehicle Code may occur.
(e) In the 2014–15 fiscal year, the Department of Transportation, in
consultation with the Department of Parks and Recreation and the
Department of Motor Vehicles, shall undertake a study to determine the
appropriate adjustment to the amount transferred pursuant to subdivision
(b) and to update the estimate of the amount attributable to taxes imposed
upon distributions of motor vehicle fuel used in the operation of motor
vehicles off highway and for which a refund has not been claimed. The
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Ch. 5— 23 —
Attachment 1
department shall provide a copy of this study to the Legislature no later than
January 1, 2016.
SEC. 31. Chapter 6 (commencing with Section 11050) is added to Part
5 of Division 2 of the Revenue and Taxation Code, to read:
Chapter 6. Transportation Improvement Fee
11050. For purposes of this chapter, the following terms have the
following meanings:
(a) “Transportation purposes” means both of the following:
(1) The research, planning, construction, improvement, maintenance,
and operation of public streets and highways (and their related public
facilities for nonmotorized traffic), including the mitigation of their
environmental effects, the payment for property taken or damaged for the
foregoing purposes, and the administrative costs necessarily incurred in the
foregoing purposes.
(2) The research, planning, construction, improvement, maintenance,
and operation of public transportation systems (and their related equipment
and fixed facilities), including the mitigation of their environmental effects,
the payment for property taken or damaged for the foregoing purposes, and
the administrative costs necessarily incurred in the foregoing purposes.
(b) “Transportation improvement fee” means a supplemental charge
added to the fee imposed pursuant to Chapter 2 (commencing with Section
10751).
(c) “Vehicle” means every vehicle that is subject to the fee in Chapter 2
(commencing with Section 10751), except the following:
(1) A commercial vehicle with an unladen weight of more than 10,000
pounds.
(2) A vehicle exempted pursuant to the Vehicle Code from the payment
of registration fees.
(3) A vehicle for which a certificate of nonoperation has been filed with
the Department of Motor Vehicles pursuant to Section 4604 of the Vehicle
Code, during the period of time covered by the certificate.
(4) A vehicle described in Section 5004 of the Vehicle Code.
11051. (a) In addition to any other fee imposed on a vehicle by this
code or the Vehicle Code, a transportation improvement fee is hereby
imposed on each vehicle as defined in subdivision (b) of Section 11050
effective on January 1, 2018, or as soon after that date as the department is
able to commence collection of the fee. The transportation improvement
fee shall be in the amounts specified in Section 11052.
(b) The department shall collect the fee at the same time and in the same
manner as the department collects the vehicle registration fee pursuant to
Section 9250 of the Vehicle Code.
(c) The fee imposed pursuant to this chapter is imposed for the privilege
of a resident of California to operate upon the public highways a vehicle or
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trailer coach, the registrant of which is subject to the fee under Chapter 2
(commencing with Section 10751).
(d) The revenues from the transportation improvement fee imposed by
this chapter shall be available for expenditure only on transportation purposes
as provided in Section 11053.
11052. (a) The annual amount of the transportation improvement fee
shall be based on the market value of the vehicle, as determined by the
department pursuant to Sections 10753, 10753.2, and 10753.5, using the
following schedule:
(1) Vehicles with a vehicle market value range between zero dollars ($0)
and four thousand nine hundred ninety-nine dollars ($4,999), a fee of
twenty-five dollars ($25).
(2) Vehicles with a vehicle market value range between five thousand
dollars ($5,000) and twenty-four thousand nine hundred ninety-nine dollars
($24,999), a fee of fifty dollars ($50).
(3) Vehicles with a vehicle market value range between twenty-five
thousand dollars ($25,000) and thirty-four thousand nine hundred ninety-nine
dollars ($34,999), a fee of one hundred dollars ($100).
(4) Vehicles with a vehicle market value range between thirty-five
thousand dollars ($35,000) and fifty-nine thousand nine hundred ninety-nine
dollars ($59,999), a fee of one hundred fifty dollars ($150).
(5) Vehicles with a vehicle market value range of sixty thousand dollars
($60,000) and higher, a fee of one hundred seventy-five dollars ($175).
(b) On January 1, 2020, and every January 1 thereafter, the department
shall adjust the transportation improvement fee imposed under subdivision
(a) by increasing the fee for each vehicle market range in an amount equal
to the increase in the California Consumer Price Index for the prior year,
except the first adjustment shall cover the prior two years, as calculated by
the Department of Finance, with amounts equal to or greater than fifty cents
($0.50) rounded to the highest whole dollar. The incremental change shall
be added to the associated fee rate for that year.
(c) Any changes to the transportation improvement fee imposed in
subdivision (a) that are enacted by the Legislature subsequent to January 1,
2018, shall be deemed to be changes to the base fee for purposes of the
California Consumer Price Index calculation and adjustment performed
pursuant to subdivision (b).
11053. Revenues from the transportation improvement fee, after
deduction of the department’s administrative costs related to this chapter,
shall be transferred by the department to the Controller for deposit as follows:
(a) Commencing with the 2017–18 fiscal year, three hundred fifty million
dollars ($350,000,000), plus an annual increase for inflation as determined
in subdivision (b) of Section 11052 for this proportional share, shall annually
be deposited into the Public Transportation Account. The Controller shall,
each month, set aside one-twelfth of this amount, to accumulate a total of
three hundred fifty million dollars ($350,000,000) in each fiscal year or the
appropriate adjusted amount. For each fiscal year commencing with the
2017–18 fiscal year, the annual Budget Act shall include an appropriation
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for 70 percent of these revenues to be allocated to the Transit and Intercity
Rail Capital Program (Part 2 (commencing with Section 75220) of Division
44 of the Public Resources Code), pursuant to Section 99312.4 of the Public
Utilities Code. The remaining 30 percent of these revenues shall be
continuously appropriated to the Controller for allocation under the State
Transit Assistance program, pursuant to subdivision (c) of Section 99312.1
of the Public Utilities Code.
(b) Commencing with the 2017–18 fiscal year, two hundred fifty million
dollars ($250,000,000) shall annually be deposited into the State Highway
Account for appropriation by the annual Budget Act to the Congested
Corridor Program created pursuant to Section 2391 of the Streets and
Highways Code. The Controller shall, each month, set aside one-twelfth of
this amount, to accumulate a total of two hundred fifty million dollars
($250,000,000) in each fiscal year.
(c) The remaining revenues after the transfers made in subdivisions (a)
and (b) shall be deposited into the Road Maintenance and Rehabilitation
Account created pursuant to Section 2031 of the Streets and Highway Code.
SEC. 32. Section 60050 of the Revenue and Taxation Code is amended
to read:
60050. (a) (1) A tax of sixteen cents ($0.16) is hereby imposed upon
each gallon of diesel fuel subject to the tax in Sections 60051, 60052, and
60058.
(2) If the federal fuel tax is reduced below the rate of fifteen cents ($0.15)
per gallon and federal financial allocations to this state for highway and
exclusive public mass transit guideway purposes are reduced or eliminated
correspondingly, the tax rate imposed by paragraph (1) shall be increased
by an amount so that the combined state rate under paragraph (1) and the
federal tax rate per gallon equal what it would have been in the absence of
the federal reduction.
(3) If any person or entity is exempt or partially exempt from the federal
fuel tax at the time of a reduction, the person or entity shall continue to be
exempt under this section.
(b) On and after November 1, 2017, in addition to the tax imposed
pursuant to subdivision (a), an additional tax of twenty cents ($0.20) is
hereby imposed upon each gallon of diesel fuel subject to the tax in Sections
60051, 60052, and 60058.
(c) On July 1, 2020, and every July 1 thereafter, the State Board of
Equalization shall adjust the taxes imposed by subdivisions (a), and (b),
with the adjustment to apply to both to the base tax rates specified in those
provisions and to any previous adjustment in rates made pursuant to this
subdivision, by increasing the taxes by a percentage amount equal to the
increase in the California Consumer Price Index, as calculated by the
Department of Finance with the resulting taxes rounded to the nearest
one-tenth of one cent ($0.01). The first adjustment pursuant to this
subdivision shall be a percentage amount equal to the increase in the
California Consumer Price Index from November 1, 2017, to November 1,
2019. Subsequent annual adjustments shall cover subsequent 12 month
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periods. The incremental change shall be added to the associated rate for
that year.
(d) Any changes to the taxes imposed under this section that are enacted
by legislation subsequent to July 1, 2017, shall be deemed to be changes to
the base tax rates for purposes of the California Consumer Price Index
calculation and adjustment performed pursuant to paragraph (1).
SEC. 33. Section 60050.2 is added to the Revenue and Taxation Code,
to read:
60050.2. (a) For the privilege of storing, for the purpose of sale, each
supplier, wholesaler, and retailer owning 1,000 or more gallons of tax-paid
diesel fuel on November 1, 2017, shall pay a storage tax of twenty cents
($0.20) per gallon of tax-paid diesel fuel in storage according to the
volumetric measure thereof.
(b) For purposes of this section:
(1) “Owning” means having title to the diesel fuel.
(2) “Retailer” means any person who sells diesel fuel in this state to a
person who subsequently uses the diesel fuel.
(3) “Storing” includes the ownership or possession of tax-paid diesel
fuel outside of the bulk transfer/terminal system, including the holding of
tax-paid diesel fuel for sale at wholesale or retail locations stored in a
container of any kind, including railroad tank cars and trucks or trailer cargo
tanks. “Storing” also includes tax-paid diesel fuel purchased from and
invoiced by the seller, and tax-paid diesel fuel removed from a terminal or
entered into by a supplier, prior to the date specified in subdivision (a) and
in transit on that date.
(4) “Wholesaler” means any person who sells diesel fuel in this state for
resale to a retailer or to a person who is not a retailer and subsequently uses
the diesel fuel.
SEC. 34. Section 60201.4 is added to the Revenue and Taxation Code,
to read:
60201.4. On or before January 1, 2018, each person subject to the storage
tax imposed under Section 60050.2 shall prepare and file with the board,
in a form prescribed by the board, a return showing the total number of
gallons of tax-paid diesel fuel owned by the person on November 1, 2017,
the amount of the storage tax, and any other information that the board
deems necessary for the proper administration of this part. The return shall
be accompanied by a remittance payable to the board in the amount of tax
due.
SEC. 35. Article 2.5 (commencing with Section 800) is added to Chapter
4 of Division 1 of the Streets and Highways Code, to read:
Article 2.5. Advance Mitigation Program
800. (a) The Advance Mitigation Program is hereby created to enhance
communications between the department and stakeholders to protect natural
resources through project mitigation, to meet or exceed applicable
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environmental requirements, to accelerate project delivery, and to fully
mitigate environmental impacts from transportation infrastructure projects.
The department shall consult on all activities pursuant to this article with
the Department of Fish and Wildlife, including activities pursuant to Chapter
9 (commencing with Section 1850) of Division 2 of the Fish and Game
Code.
(b) Commencing with the 2017–18 fiscal year, and for a period of four
years, the department shall set aside no less than thirty million dollars
($30,000,000) annually for the Advance Mitigation Program from the annual
appropriations for the State Transportation Improvement Program and the
State Highway Operation and Protection Program for the planning and
implementation of projects in the Advanced Mitigation Program.
(c) The annual Budget Act and subsequent legislation may establish
additional provisions and requirements for the program.
SEC. 36. Chapter 2 (commencing with Section 2030) is added to Division
3 of the Streets and Highways Code, to read:
Chapter 2. Road Maintenance and Rehabilitation Program
2030. (a) The Road Maintenance and Rehabilitation Program is hereby
created to address deferred maintenance on the state highway system and
the local street and road system. Funds made available by the program shall
be prioritized for expenditure on basic road maintenance and road
rehabilitation projects, and on critical safety projects.
(b) (1) Funds made available by the program shall be used for projects
that include, but are not limited to, the following:
(A) Road maintenance and rehabilitation.
(B) Safety projects.
(C) Railroad grade separations.
(D) Complete street components, including active transportation purposes,
pedestrian and bicycle safety projects, transit facilities, and drainage and
stormwater capture projects in conjunction with any other allowable project.
(E) Traffic control devices.
(2) Funds made available by the program may also be used to satisfy a
match requirement in order to obtain state or federal funds for projects
authorized by this subdivision.
(c) To the extent possible and cost effective, and where feasible, the
department and cities and counties receiving funds under the program shall
use advanced technologies and material recycling techniques that reduce
the cost of maintaining and rehabilitating the streets and highways, and that
exhibit reduced levels of greenhouse gas emissions through material choice
and construction method.
(d) To the extent possible and cost effective, and where feasible, the
department and cities and counties receiving funds under the program shall
use advanced technologies and communications systems in transportation
infrastructure that recognize and accommodate advanced automotive
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technologies that may include, but are not necessarily limited to, charging
or fueling opportunities for zero-emission vehicles, and provision of
infrastructure-to-vehicle communications for transitional or full autonomous
vehicle systems.
(e) To the extent deemed cost effective, and where feasible, in the context
of both the project scope and the risk level for the asset due to global climate
change, the department and cities and counties receiving funds under the
program shall include features in the projects funded by the program to
better adapt the asset to withstand the negative effects of climate change
and make the asset more resilient to impacts such as fires, floods, and sea
level rise.
(f) To the extent beneficial, cost effective, and practicable in the context
of facility type, right-of-way, project scope, and quality of nearby alternative
facilities, and where feasible, the department and cities and counties
receiving funds under the program shall incorporate complete street elements
into projects funded by the program, including, but not limited to, elements
that improve the quality of bicycle and pedestrian facilities and that improve
safety for all users of transportation facilities.
(g) For purposes of funds directed to the State Highway Operation and
Protection Program, the guidelines and reporting provisions shall be
consistent with Section 14526.5 of the Government Code.
(h) Guidelines adopted by the commission to facilitate the allocation of
funds in the account shall be exempt from the Administrative Procedure
Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code).
2031. The following revenues shall be deposited in the Road Maintenance
and Rehabilitation Account, which is hereby created in the State
Transportation Fund:
(a) Notwithstanding subdivision (b) of Section 2103 and pursuant to
subdivision (a) of Section 2103.1, the portion of the revenues in the Highway
Users Tax Account attributable to the increases in the motor vehicle fuel
excise tax pursuant to subdivision (c) of Section 7360 of the Revenue and
Taxation Code, as adjusted pursuant to subdivision (d) of that section.
(b) The revenues from the portion of the transportation improvement fee
pursuant to subdivision (c) of Section 11053 of the Revenue and Taxation
Code.
(c) The revenues from the increase in the vehicle registration fee pursuant
to Section 9250.6 of the Vehicle Code, as adjusted pursuant to subdivision
(b) of that section.
(d) Notwithstanding subdivision (b) of Section 2103 and pursuant to
paragraph (2) of subdivision (b) of Section 2103.1, one-half of the revenues
attributable to the increase in the diesel fuel excise tax pursuant to
subdivisions (b) and (c) of Section 60050 of the Revenue and Taxation
Code.
(e) Any other revenues designated for the program.
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Attachment 1
2031.5. For each fiscal year, the annual Budget Act shall contain an
appropriation from the Road Maintenance and Rehabilitation Account for
the costs of administering this chapter.
2032. (a) (1) After deducting the amounts appropriated in the annual
Budget Act, as provided in Section 2031.5, two hundred million dollars
($200,000,000) of the remaining revenues deposited in the Road Maintenance
and Rehabilitation Account shall be set aside annually for counties that have
sought and received voter approval of taxes or that have imposed fees,
including uniform developer fees as defined by subdivision (b) of Section
8879.67 of the Government Code, which taxes or fees are dedicated solely
to transportation improvements. The Controller shall each month set aside
one-twelfth of this amount, to accumulate a total of two hundred million
dollars ($200,000,000) in each fiscal year.
(2) Eligible projects under this subdivision shall include, but not are
limited to, sound walls for a freeway that was built prior to 1987 without
sound walls and with or without high occupancy vehicle lanes if the
completion of the sound walls has been deferred due to lack of available
funding for at least 20 years and a noise barrier scope summary report has
been completed within the last 20 years.
(3) Notwithstanding Section 13340 of the Government Code, the funds
available under this subdivision in each fiscal year are hereby continuously
appropriated for allocation to each eligible county and each city in the county
for road maintenance and rehabilitation purposes pursuant to Section 2033.
(b) After deducting the amounts appropriated in the annual Budget Act
pursuant to Section 2031.5 and the amount allocated in subdivision (a),
beginning in the 2017–18 fiscal year, one hundred million dollars
($100,000,000) of the remaining revenues shall be available annually for
expenditure, upon appropriation by the Legislature, on the Active
Transportation Program created pursuant to Chapter 8 (commencing with
Section 2380) of Division 3 to be allocated by the California Transportation
Commission pursuant to Section 2381. The Controller shall each month set
aside one-twelfth of this amount, to accumulate a total of one hundred
million dollars ($100,000,000) in each fiscal year.
(c) After deducting the amounts appropriated in the annual Budget Act
pursuant to Section 2031.5 and the amounts allocated in subdivisions (a)
and (b), beginning in the 2017–18 fiscal year, four hundred million dollars
($400,000,000) of the remaining revenues shall be available annually for
expenditure, upon appropriation by the Legislature, by the department for
bridge and culvert maintenance and rehabilitation. The Controller shall each
month set aside one-twelfth of this amount, to accumulate a total of four
hundred million dollars ($400,000,000) in each fiscal year.
(d) After deducting the amounts appropriated in the annual Budget Act
pursuant to Section 2031.5 and the amounts allocated in subdivisions (a),
(b), and (c), beginning in the 2017–18 fiscal year, twenty-five million dollars
($25,000,000) of the remaining revenues shall be transferred annually to
the State Highway Account for expenditure, upon appropriation by the
Legislature, to supplement the freeway service patrol program. The
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Attachment 1
Controller shall each month set aside one-twelfth of this amount, to
accumulate a total of twenty-five million dollars ($25,000,000) in each fiscal
year.
(e) After deducting the amounts appropriated in the annual Budget Act
pursuant to Section 2031.5 and the amounts allocated in subdivisions (a),
(b), (c), and (d), in the 2017–18, 2018–19, 2019–20, 2020–21, and 2021–22
fiscal years, from revenues in the Road Maintenance and Rehabilitation
Account that are not subject to Article XIX of the California Constitution,
five million dollars ($5,000,000) shall be appropriated in each fiscal year
to the California Workforce Development Board to assist local agencies to
implement policies to promote preapprenticeship training programs to carry
out the projects that are funded by the account pursuant to Section 2038.
Funds appropriated pursuant to this subdivision in the Budget Act but
remaining unexpended at the end of each applicable fiscal year shall be
reappropriated for the same purposes in the following year’s Budget Act,
but all funds appropriated or reappropriated pursuant to this subdivision in
the Budget Act shall be liquidated no later than June 30, 2027.
(f) After deducting the amounts appropriated in the annual Budget Act
pursuant to Section 2031.5 and the amounts allocated in subdivisions (a),
(b), (c), (d), and (e), beginning in the 2017–18 fiscal year, twenty-five million
dollars ($25,000,000) of the remaining revenues shall be available annually
for expenditure, upon appropriation by the Legislature, by the department
for local planning grants, as described in Section 2033.5. The Controller
shall each month set aside one-twelfth of this amount, to accumulate a total
of twenty-five million dollars ($25,000,000) in each fiscal year.
(g) After deducting the amounts appropriated in the annual Budget Act
pursuant to Section 2031.5 and the amounts allocated in subdivisions (a),
(b), (c), (d), (e), and (f), beginning in the 2017–18 fiscal year and each fiscal
year thereafter, from the remaining revenues, five million dollars
($5,000,000) shall be available, upon appropriation, to the University of
California for the purpose of conducting transportation research and two
million dollars ($2,000,000) shall be available, upon appropriation, to the
California State University for the purpose of conducting transportation
research and transportation-related workforce education, training, and
development. Prior to the start of each fiscal year, the Secretary of
Transportation and the chairs of the Assembly Committee on Transportation
and the Senate Committee on Transportation and Housing may set out a
recommended priority list of research components to be addressed in the
upcoming fiscal year.
(h) Notwithstanding Section 13340 of the Government Code, the balance
of the revenues deposited in the Road Maintenance and Rehabilitation
Account are hereby continuously appropriated as follows:
(1) Fifty percent for allocation to the department for maintenance of the
state highway system or for purposes of the state highway operation and
protection program.
(2) Fifty percent for apportionment to cities and counties by the Controller
pursuant to the formula in clauses (i) and (ii) of subparagraph (C) of
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Ch. 5— 31 —
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paragraph (3) of subdivision (a) of Section 2103 for the purposes authorized
by this chapter.
2032.5. (a) It is the intent of the Legislature that the Department of
Transportation and local governments are held accountable for the efficient
investment of public funds to maintain the public highways, streets, and
roads, and are accountable to the people through performance goals that are
tracked and reported.
(b) The department shall annually report to the commission relative to
the expenditures made with funds received pursuant to subdivision (c) of,
and paragraph (1) of subdivision (g) of, Section 2032, and the progress made
and achievement of the performance goals outlined in subdivision (n) of
Section 1 of the act adding this section.
(c) For each fiscal year in which the department receives an allocation
of funds described in subdivision (b), the department shall submit
documentation to the commission that includes a description and the location
of each completed project, the amount of funds expended on the project,
the completion date, and the project’s estimated useful life. Annually, the
commission shall evaluate the effectiveness of the department in reducing
deferred maintenance and improving road conditions on the state highway
system, as demonstrated by the progress made by the goals set forth in
subdivision (n) of Section 1 of the act enacting this section. The commission
may make recommendations for improvement and may withhold future
project allocations if it determines program funds are not being appropriately
spent. The commission shall annually include any findings in its annual
report to the Legislature pursuant to Section 14535 of the Government Code.
(d) The department shall implement efficiency measures with the goal
to generate at least one hundred million dollars ($100,000,000) per year in
savings to invest in maintenance and rehabilitation of the state highway
system. These savings shall be reported to the commission.
2033. (a) On or before January 1, 2018, the commission, in cooperation
with the department, transportation planning agencies, county transportation
commissions, and other local agencies, shall develop guidelines for the
allocation of funds pursuant to subdivision (a) of Section 2032.
(b) The guidelines shall be the complete and full statement of the policy,
standards, and criteria that the commission intends to use to determine how
these funds will be allocated.
(c) The commission may amend the adopted guidelines after conducting
at least one public hearing.
2033.5. The department, from funds made available pursuant to
subdivision (f) of Section 2032, shall allocate local planning grants to
encourage local and regional planning that furthers state goals, including,
but not limited to, the goals and best practices cited in the regional
transportation guidelines adopted by the commission pursuant to Sections
14522 to 14522.3, inclusive, of the Government Code. The department shall
develop a grant guide and shall consult with the State Air Resources Board,
the Governor’s Office of Planning and Research, and the Department of
Housing and Community Development in the development of the grant
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Attachment 1
guide, and shall provide status reports as it administers these funds. The
grant guide shall be exempt from the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code).
2034. (a) (1) Prior to receiving an apportionment of funds under the
program pursuant to paragraph (2) of subdivision (h) of Section 2032 from
the Controller in a fiscal year, an eligible city or county shall submit to the
commission a list of projects proposed to be funded with these funds pursuant
to an adopted city or county budget. All projects proposed to receive funding
shall be included in a city or county budget that is adopted by the applicable
city council or county board of supervisors at a regular public meeting. The
list of projects proposed to be funded with these funds shall include a
description and the location of each proposed project, a proposed schedule
for the project’s completion, and the estimated useful life of the
improvement. The project list shall not limit the flexibility of an eligible
city or county to fund projects in accordance with local needs and priorities
so long as the projects are consistent with subdivision (b) of Section 2030.
(2) The commission shall report to the Controller the cities and counties
that have submitted a list of projects as described in this subdivision and
that are therefore eligible to receive an apportionment of funds under the
program for the applicable fiscal year. The Controller, upon receipt of the
report, shall apportion funds to eligible cities and counties.
(b) For each fiscal year, each city or county receiving an apportionment
of funds shall, upon expending program funds, submit documentation to
the commission that includes a description and location of each completed
project, the amount of funds expended on the project, the completion date,
and the estimated useful life of the improvement.
2036. (a) Cities and counties shall maintain their existing commitment
of local funds for street, road, and highway purposes in order to remain
eligible for an allocation or apportionment of funds pursuant to Section
2032.
(b) In order to receive an allocation or apportionment pursuant to Section
2032, the city or county shall annually expend from its general fund for
street, road, and highway purposes an amount not less than the annual
average of its expenditures from its general fund during the 2009–10,
2010–11, and 2011–12 fiscal years, as reported to the Controller pursuant
to Section 2151. For purposes of this subdivision, in calculating a city’s or
county’s annual general fund expenditures and its average general fund
expenditures for the 2009–10, 2010–11, and 2011–12 fiscal years, any
unrestricted funds that the city or county may expend at its discretion,
including vehicle in-lieu tax revenues and revenues from fines and
forfeitures, expended for street, road, and highway purposes shall be
considered expenditures from the general fund. One-time allocations that
have been expended for street and highway purposes, but which may not
be available on an ongoing basis, including revenue provided under the
Teeter Plan Bond Law of 1994 (Chapter 6.6 (commencing with Section
54773) of Part 1 of Division 2 of Title 5 of the Government Code), may not
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Ch. 5— 33 —
Attachment 1
be considered when calculating a city’s or county’s annual general fund
expenditures.
(c) For any city incorporated after July 1, 2009, the Controller shall
calculate an annual average expenditure for the period between July 1, 2009,
and December 31, 2015, inclusive, that the city was incorporated.
(d) For purposes of subdivision (b), the Controller may request fiscal
data from cities and counties in addition to data provided pursuant to Section
2151, for the 2009–10, 2010–11, and 2011–12 fiscal years. Each city and
county shall furnish the data to the Controller not later than 120 days after
receiving the request. The Controller may withhold payment to cities and
counties that do not comply with the request for information or that provide
incomplete data.
(e) The Controller may perform audits to ensure compliance with
subdivision (b) when deemed necessary. Any city or county that has not
complied with subdivision (b) shall reimburse the state for the funds it
received during that fiscal year. Any funds withheld or returned as a result
of a failure to comply with subdivision (b) shall be reapportioned to the
other counties and cities whose expenditures are in compliance.
(f) If a city or county fails to comply with the requirements of subdivision
(b) in a particular fiscal year, the city or county may expend during that
fiscal year and the following fiscal year a total amount that is not less than
the total amount required to be expended for those fiscal years for purposes
of complying with subdivision (b).
2037. A city or county may spend its apportionment of funds under the
program on transportation priorities other than those allowable pursuant to
this chapter if the city’s or county’s average Pavement Condition Index
meets or exceeds 80.
2038. The California Workforce Development Board shall develop
guidelines for public agencies receiving Road Maintenance and
Rehabilitation Account funds to participate in, invest in, or partner with,
new or existing preapprenticeship training programs established pursuant
to subdivision (e) of Section 14230 of the Unemployment Insurance Code.
The department and local agencies that receive Road Maintenance and
Rehabilitation Account funds pursuant to this chapter shall, not later than
July 1, 2023, follow the guidelines set forth by the board. The board shall
also establish a preapprenticeship development and training grant program,
beginning January 1, 2019, pursuant to subdivision (e) of Section 14230 of
the Unemployment Insurance Code. Local public agencies that receive Road
Maintenance and Rehabilitation Account funds pursuant to this chapter are
eligible to compete for such grants and may apply in partnership with other
agencies and entities, including those with existing preapprenticeship
programs. Successful grant applicants shall, to the extent feasible:
(a) Follow the multicraft core curriculum implemented by the State
Department of Education for its pilot project with the California Partnership
Academies and by the California Workforce Development Board and local
boards.
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Attachment 1
(b) Include a plan for outreach to and retention of women participants
in the preapprenticeship program to help increase the representation of
women in the building and construction trades.
(c) Include a plan for outreach to and retention of minority participants
and underrepresented subgroups in the preapprenticeship program to help
increase their representation in the building and construction trades.
(d) Include a plan for outreach to and retention of disadvantaged youth
participants in the preapprenticeship program to help increase their
employment opportunities in the building and construction trades.
(e) Include a plan for outreach to individuals in the local labor market
area and to formerly incarcerated individuals to provide pathways to
employment and training.
(f) Coordinate with local state-approved apprenticeship programs, local
building trade councils, and to the extent possible the California Conservation
Corps and certified community conservation corps, so individuals who have
completed these programs have a pathway to continued employment.
SEC. 37. Section 2103.1 is added to the Streets and Highways Code, to
read:
2103.1. (a) Notwithstanding subdivision (b) of Section 2103, the portion
of revenues in the Highway Users Tax Account attributable to the increases
in the motor vehicle fuel excise tax pursuant to subdivision (c) of Section
7360 of the Revenue and Taxation Code, as adjusted pursuant to subdivision
(d) of that section, shall be transferred to the Road Maintenance and
Rehabilitation Account pursuant to Section 2031.
(b) Notwithstanding subdivision (b) of Section 2103, the portion of
revenues in the Highway Users Tax Account attributable to the increase in
the diesel fuel excise tax pursuant to subdivision (b) of Section 60050 of
the Revenue and Taxation Code, as adjusted pursuant to subdivision (c) of
that section, shall be transferred as follows:
(1) Fifty percent to the Trade Corridors Enhancement Account pursuant
to Section 2192.4.
(2) Fifty percent to the Road Maintenance and Rehabilitation Account
pursuant to Section 2031.
(c) Notwithstanding subdivision (b) of Section 2103, the portion of the
revenues in the Highway Users Tax Account attributable to the storage taxes
imposed pursuant to Sections 7361.2 and 60050.2 of the Revenue and
Taxation Code shall be deposited in the Road Maintenance and
Rehabilitation Account created pursuant to Section 2031.
SEC. 38. Section 2104 of the Streets and Highways Code is amended
to read:
2104. Notwithstanding Section 13340 of the Government Code, a sum
equal to the net revenue derived from 11.3 percent of the per gallon tax
under the Motor Vehicle Fuel License Tax Law (Part 2 (commencing with
Section 7301) of Division 2), 1.80 cents ($0.0180) under the Use Fuel Tax
Law (Part 3 (commencing with Section 8601) of Division 2), and 11.5
percent of the per gallon tax under the Diesel Fuel Tax Law (Part 31
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Attachment 1
(commencing with Section 60001) of Division 2) of the Revenue and
Taxation Code, shall be apportioned among the counties, as follows:
(a) Each county shall be paid one thousand six hundred sixty-seven
dollars ($1,667) during each calendar month, which amount shall be
expended exclusively for engineering costs and administrative expenses
with respect to county roads.
(b) A sum equal to the total of all reimbursable snow removal or snow
grooming, or both, costs filed pursuant to subdivision (d) of Section 2152,
or seven million dollars ($7,000,000), whichever is less, shall be apportioned
in 12 approximately equal monthly apportionments for snow removal or
snow grooming, or both, on county roads, as provided in Section 2110.
(c) A sum equal to five hundred thousand dollars ($500,000) shall be
apportioned in 12 approximately equal monthly apportionments, as provided
in Section 2110.5.
(d) (1) Seventy-five percent of the funds payable under this section shall
be apportioned among the counties monthly in the respective proportions
that the number of fee-paid and exempt vehicles which are registered in
each county bears to the total number of fee-paid and exempt vehicles
registered in the state.
(2) For purposes of apportionment under this subdivision, the Department
of Motor Vehicles shall, as soon as possible after the last day of each
calendar month, furnish to the Controller a verified statement showing the
number of fee-paid and exempt vehicles which are registered in each county
and in the state as of the last day of each calendar month as reflected by the
records of the Department of Motor Vehicles.
(e) Of the remaining money payable, there shall be paid to each eligible
county an amount that is computed monthly as follows: The number of
miles of maintained county roads in each county shall be multiplied by sixty
dollars ($60); from the resultant amount, there shall be deducted the amount
received by each county under subdivision (d) and the remainder, if any,
shall be paid to each county.
(f) The remaining money payable, after the foregoing apportionments,
shall be apportioned among the counties in the same proportion as the money
referred to in subdivision (d).
(g) (1) Transfers of revenues from the Highway Users Tax Account to
counties pursuant to this section collected during the months of March,
April, May, June, and July of 2008, shall be made with the transfer of August
2008 revenues in September of 2008. This suspension shall not apply to a
county with a population of less than 40,000.
(2) For the purpose of meeting the cash obligations associated with
ongoing budgeted costs, a county may make use of any cash balance in its
county road fund, including that resulting from the receipt of funds pursuant
to the Highway Safety, Traffic Reduction, Air Quality, and Port Security
Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of
Division 1 of Title 2 of the Government Code (hereafter bond act)) for local
streets and roads maintenance, during the period of this suspension, without
the use of this cash being reflected as an expenditure of bond act funds,
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Attachment 1
provided the cash is replaced once this suspension is repaid in September
of 2008. Counties may accrue the revenue received in September 2008 as
repayment of these suspensions for the months of April, May, and June of
2008 back to the 2007–08 fiscal year. Nothing in this paragraph shall change
the fact that expenditures must be accrued and reflected from the appropriate
funding sources for which the moneys were received and meet all the
requirements of those funding sources.
(h) (1) The transfer of revenues from the Highway Users Tax Account
to counties pursuant to this section that are collected during the months of
January, February, and March 2009, shall be made with the transfer of April
2009 revenues in May 2009.
(2) For the purpose of meeting the cash obligations associated with
ongoing budgeted costs, a county may make use of any cash balance in its
county road fund, including that resulting from the receipt of funds pursuant
to the Highway Safety, Traffic Reduction, Air Quality, and Port Security
Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of
Division 1 of Title 2 of the Government Code (bond act)) for local streets
and roads maintenance during the period of this suspension, provided the
cash is replaced once this suspension is repaid in May of 2009.
(3) This subdivision shall not affect any requirement that an expenditure
is required to be accrued and reflected from the appropriate funding source
for which the money was received and to meet all the requirements of its
funding source.
SEC. 39. Section 2105 of the Streets and Highways Code is amended
to read:
2105. Notwithstanding Section 13340 of the Government Code, in
addition to the apportionments prescribed by Sections 2104, 2106, and 2107,
from the revenues derived from a per gallon tax imposed pursuant to Section
7360 of the Revenue and Taxation Code, and a per gallon tax imposed
pursuant to Sections 8651, 8651.5, and 8651.6 of the Revenue and Taxation
Code, and a per gallon tax imposed pursuant to Sections 60050 and 60115
of the Revenue and Taxation Code, the following apportionments shall be
made:
(a) A sum equal to 5.8 percent of the per gallon tax under Section 7360
of the Revenue and Taxation Code, 11.5 percent of any per gallon tax in
excess of nine cents ($0.09) per gallon under Sections 8651, 8651.5, and
8651.6 of the Revenue and Taxation Code, and 6.5 percent of the per gallon
tax under Sections 60050 and 60115 of the Revenue and Taxation Code,
shall be apportioned among the counties, including a city and county.
The amount of apportionment to each county, including a city and county,
during a fiscal year shall be calculated as follows:
(1) One million dollars ($1,000,000) for apportionment to all counties,
including a city and county, in proportion to each county’s receipts during
the prior fiscal year under Sections 2104 and 2106.
(2) One million dollars ($1,000,000) for apportionment to all counties,
including a city and county, as follows:
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(A) Seventy-five percent in the proportion that the number of fee-paid
and exempt vehicles which are registered in the county bears to the number
of fee-paid and exempt vehicles registered in the state.
(B) Twenty-five percent in the proportion that the number of miles of
maintained county roads in the county bears to the miles of maintained
county roads in the state.
(3) For each county, determine its factor which is the higher amount
calculated pursuant to paragraph (1) or (2) divided by the sum of the higher
amounts for all of the counties.
(4) The amount to be apportioned to each county is equal to its factor
multiplied by the amount available for apportionment.
(b) A sum equal to 5.8 percent of the per gallon tax under Section 7360
of the Revenue and Taxation Code, 11.5 percent of any per gallon tax in
excess of nine cents ($0.09) per gallon under Sections 8651, 8651.5, and
8651.6 of the Revenue and Taxation Code, and 6.5 percent of the per gallon
tax under Sections 60050 and 60115 of the Revenue and Taxation Code,
shall be apportioned to cities, including a city and county, in the proportion
that the total population of the city bears to the total population of all the
cities in the state.
(c) (1) Transfers of revenues from the Highway Users Tax Account to
counties or cities pursuant to this section collected during the months of
March, April, May, June, and July of 2008, shall be made with the transfer
of August 2008 revenues in September of 2008. This suspension shall not
apply to a county with a population of less than 40,000.
(2) For the purpose of meeting the cash obligations associated with
ongoing budgeted costs, a city or county may make use of any cash balance
in the city account that is designated for the receipt of state funds allocated
for local streets and roads or the county road fund, including that resulting
from the receipt of funds pursuant to the Highway Safety, Traffic Reduction,
Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49
(commencing with Section 8879.20) of Division 1 of Title 2 of the
Government Code (hereafter bond act)) for local streets and roads
maintenance, during the period of this suspension, without the use of this
cash being reflected as an expenditure of bond act funds, provided the cash
is replaced once this suspension is repaid in September of 2008. Counties
and cities may accrue the revenue received in September 2008 as repayment
of these suspensions for the months of April, May, and June of 2008 back
to the 2007–08 fiscal year. Nothing in this paragraph shall change the fact
that expenditures must be accrued and reflected from the appropriate funding
sources for which the moneys were received and meet all the requirements
of those funding sources.
(d) (1) The transfer of revenues from the Highway Users Tax Account
to counties or cities pursuant to this section collected during the months of
January, February, and March 2009 shall be made with the transfer of April
2009 revenues in May 2009.
(2) For the purpose of meeting the cash obligations associated with
ongoing budgeted costs, a city or county may make use of any cash balance
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Attachment 1
in the city account that is designated for the receipt of state funds allocated
for local streets and roads or the county road fund, including that resulting
from the receipt of funds pursuant to the Highway Safety, Traffic Reduction,
Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49
(commencing with Section 8879.20) of Division 1 of Title 2 of the
Government Code (bond act)) for local streets and roads maintenance, during
the period of this suspension, and the use of this cash shall not be considered
as an expenditure of bond act funds, if the cash is replaced when the
payments that are suspended pursuant to this subdivision are repaid in May
2009.
(3) This subdivision shall not affect any requirement that an expenditure
is required to be accrued and reflected from the appropriate funding source
for which the money was received and to meet all the requirements of its
funding source.
SEC. 40. Section 2106 of the Streets and Highways Code is amended
to read:
2106. Notwithstanding Section 13340 of the Government Code, a sum
equal to the net revenue derived from 5.3 percent of the per gallon tax under
the Motor Vehicle Fuel License Tax Law (Part 2 (commencing with Section
7301) of Division 2 of the Revenue and Taxation Code) shall be apportioned
monthly from the Highway Users Tax Account in the Transportation Tax
Fund among the counties and cities as follows:
(a) Four hundred dollars ($400) per month shall be apportioned to each
city and city and county and eight hundred dollars ($800) per month shall
be apportioned to each county and city and county.
(b) On the last day of each month, the sum of six hundred thousand
dollars ($600,000) shall be transferred to the State Highway Account in the
State Transportation Fund for the Active Transportation Program pursuant
to Chapter 8 (commencing with Section 2380). For each month in the
2013–14 fiscal year that has passed prior to the enactment of the bill adding
this sentence, six hundred thousand dollars ($600,000) shall be immediately
transferred from the Bicycle Transportation Account to the State Highway
Account in the State Transportation Fund for the Active Transportation
Program, less any amount already expended for that program from the
Bicycle Transportation Account during the 2013–14 fiscal year.
(c) The balance shall be apportioned, as follows:
(1) A base sum shall be computed for each county by using the same
proportions of fee-paid and exempt vehicles as are established for purposes
of apportionment of funds under subdivision (d) of Section 2104.
(2) For each county, the percentage of the total assessed valuation of
tangible property subject to local tax levies within the county which is
represented by the assessed valuation of tangible property outside the
incorporated cities of the county shall be applied to its base sum, and the
resulting amount shall be apportioned to the county. The assessed valuation
of taxable tangible property, for purposes of this computation, shall be that
most recently used for countywide tax levies as reported to the Controller
by the State Board of Equalization. If an incorporation or annexation is
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Ch. 5— 39 —
Attachment 1
legally completed following the base sum computation, the new city’s
assessed valuation shall be deducted from the county’s assessed valuation,
the estimate of which may be provided by the State Board of Equalization.
(3) The difference between the base sum for each county and the amount
apportioned to the county shall be apportioned to the cities of that county
in the proportion that the population of each city bears to the total population
of all the cities in the county. Populations used for determining
apportionment of money under Section 2107 are to be used for purposes of
this section.
(d) (1) Transfers of revenues from the Highway Users Tax Account to
counties or cities pursuant to this section collected during the months of
March, April, May, June, and July of 2008, shall be made with the transfer
of August 2008 revenues in September of 2008. This suspension shall not
apply to a county with a population of less than 40,000.
(2) For the purpose of meeting the cash obligations associated with
ongoing budgeted costs, a city or county may make use of any cash balance
in the city account that is designated for the receipt of state funds allocated
for local streets and roads or the county road fund, including that resulting
from the receipt of funds pursuant to the Highway Safety, Traffic Reduction,
Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49
(commencing with Section 8879.20) of Division 1 of Title 2 of the
Government Code (hereafter bond act)) for local streets and roads
maintenance, during the period of this suspension, without the use of this
cash being reflected as an expenditure of bond act funds, provided the cash
is replaced once this suspension is repaid in September of 2008. Counties
and cities may accrue the revenue received in September 2008 as repayment
of these suspensions for the months of April, May, and June of 2008 back
to the 2007–08 fiscal year. Nothing in this paragraph shall change the fact
that expenditures must be accrued and reflected from the appropriate funding
sources for which the moneys were received and meet all the requirements
of those funding sources.
(e) (1) The transfer of revenues from the Highway Users Tax Account
to counties or cities pursuant to this section collected during the months of
January, February, and March 2009, shall be made with the transfer of April
2009 revenues in May 2009.
(2) For the purpose of meeting the cash obligations associated with
ongoing budgeted costs, a city or county may make use of any cash balance
in the city account that is designated for the receipt of state funds allocated
for local streets and roads or the county road fund, including that resulting
from the receipt of funds pursuant to the Highway Safety, Traffic Reduction,
Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49
(commencing with Section 8879.20) of Division 1 of Title 2 of the
Government Code (bond act)) for local streets and roads maintenance, during
the period of this suspension, and the use of this cash shall not be considered
as an expenditure of bond act funds, if the cash is replaced when the
payments that are suspended pursuant to this subdivision are repaid in May
2009.
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Attachment 1
(3) This subdivision shall not affect any requirement that an expenditure
is required to be accrued and reflected from the appropriate funding source
for which the money was received and to meet all the requirements of its
funding source.
SEC. 41. Section 2107 of the Streets and Highways Code is amended
to read:
2107. (a) Notwithstanding Section 13340 of the Government Code, a
sum equal to the net revenues derived from 7.3 percent of the per gallon tax
under the Motor Vehicle Fuel License Tax Law (Part 2 (commencing with
Section 7301) of Division 2), 2.59 cents ($0.0259) under the Use Fuel Tax
Law (Part 3 (commencing with Section 8601) of Division 2), and 11.5
percent under the Diesel Fuel Tax Law (Part 31 (commencing with Section
60001) of Division 2) of the Revenue and Taxation Code, shall be
apportioned monthly to the cities and cities and counties of this state from
the Highway Users Tax Account in the Transportation Tax Fund as provided
in this section.
(b) From the sum determined pursuant to subdivision (a), the Controller
shall allocate annually to each city that has filed a report containing the
information prescribed by subdivision (c) of Section 2152, and that had
expenditures in excess of five thousand dollars ($5,000) during the preceding
fiscal year for snow removal, an amount equal to one-half of the amount of
its expenditures for snow removal in excess of five thousand dollars ($5,000)
during that fiscal year.
(c) The balance of the sum determined pursuant to subdivision (a) from
the Highway Users Tax Account shall be allocated to each city, including
city and county, in the proportion that the total population of the city bears
to the total population of all the cities in this state.
(d) (1) For the purpose of this section, except as otherwise provided in
paragraph (2), the population in each city is the population determined for
that city in the manner specified in Section 11005.3 of the Revenue and
Taxation Code.
(2) Commencing with the ninth fiscal year of a city described in
subdivision (a) of Section 11005.3 of the Revenue and Taxation Code, the
sixth fiscal year of a city described in subdivision (b) of Section 11005.3
of the Revenue and Taxation Code, and the 61st month of the city described
in subdivision (c) of Section 11005.3 of the Revenue and Taxation Code,
the population in each city is the actual population of that city, as defined
in subdivision (e) of Section 11005.3 of the Revenue and Taxation Code.
(e) (1) Transfers of revenues from the Highway Users Tax Account to
cities pursuant to this section collected during the months of March, April,
May, June, and July of 2008, shall be made with the transfer of August 2008
revenues in September of 2008.
(2) For the purpose of meeting the cash obligations associated with
ongoing budgeted costs, a city may make use of any cash balance in the
city account that is designated for the receipt of state funds allocated for
local streets and roads, including that resulting from the receipt of funds
pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port
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Ch. 5— 41 —
Attachment 1
Security Bond Act of 2006 (Chapter 12.49 (commencing with Section
8879.20) of Division 1 of Title 2 of the Government Code (hereafter bond
act)) for local streets and roads maintenance, during the period of this
suspension, without the use of this cash being reflected as an expenditure
of bond act funds, provided the cash is replaced once this suspension is
repaid in September of 2008. Cities may accrue the revenue received in
September 2008 as repayment of these suspensions for the months of April,
May, and June of 2008 back to the 2007–08 fiscal year. Nothing in this
paragraph shall change the fact that expenditures must be accrued and
reflected from the appropriate funding sources for which the moneys were
received and meet all the requirements of those funding sources.
(f) (1) A transfer of revenues from the Highway Users Tax Account to
cities pursuant to this section collected during the months of January,
February, and March 2009, shall be made with the transfer of April 2009
revenues in May 2009.
(2) For the purpose of meeting the cash obligations associated with
ongoing budgeted costs, a city may make use of any cash balance in the
city account that is designated for the receipt of state funds allocated for
local streets and roads, including that resulting from the receipt of funds
pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port
Security Bond Act of 2006 (Chapter 12.49 (commencing with Section
8879.20) of Division 1 of Title 2 of the Government Code (bond act)) for
local streets and roads maintenance, during the period of this suspension,
and the use of this cash shall not be reflected as an expenditure of bond act
funds, if the cash is replaced once this suspension is repaid in May 2009.
(3) This subdivision shall not affect any requirement that an expenditure
is required to be accrued and reflected from the appropriate funding sources
for which the moneys were received and to meet all the requirements of
those funding sources.
SEC. 42. Section 2192.4 is added to the Streets and Highways Code, to
read:
2192.4. The Trade Corridor Enhancement Account is hereby created in
the State Transportation Fund to receive funds from subdivision (b) of
Section 60050 of the Revenue and Taxation Code, as adjusted. Funds in the
account shall be available for expenditure upon appropriation by the
Legislature for corridor-based freight projects nominated by local agencies
and the state.
SEC. 43. The Legislature finds and declares all of the following:
(a) Californians know congestion. For decades, California has been home
to five or six of the nation’s most congested travel corridors, which are
located in Los Angeles, the San Francisco-Oakland-San Jose Bay Area, the
Inland Empire, San Diego, and increasingly, in the central valley. While
congestion is a vexing challenge in a state that is home to nearly 40 million
people and that adds nearly a half-million people each year, regions and
localities are finding new ways to address congestion in highly traveled
corridors by undertaking long-term, comprehensive, and multimodal
approaches that seek to reduce congestion by expanding travel choices,
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Attachment 1
improving the quality of life, and preserving the local community character
within the corridor.
(b) Examples of this more comprehensive approach to improving
congestion in highly traveled corridors include, but are not limited to,
programs in the following regions:
(1) The North Coast Corridor improvements along Route 5 and the
parallel rail corridor in the County of San Diego.
(2) The Route 91 and Metrolink rail corridor improvements in the County
of Riverside.
(3) Emerging solutions for the Route 101 and Caltrain corridor connecting
Silicon Valley with San Francisco.
(4) Multimodal approaches for the Route 101 and SMART rail corridor
between the Counties of Marin and Sonoma.
(5) Comprehensive solutions for the Route 405 Corridor in the County
of Los Angeles.
(c) The state recognizes the benefits to mobility, quality of life, and the
environment through comprehensive, multimodal proposals that address
mobility, community, and environmental challenges along highly traveled
corridors. Therefore, the Solutions for Congested Corridors Program is
being created to support collaborative and comprehensive proposals to
address these challenges.
SEC. 44. Chapter 8.5 (commencing with Section 2390) is added to
Division 3 of the Streets and Highways Code, to read:
Chapter 8.5. Congested Corridors
2390. The Solutions for Congested Corridors Program is hereby created.
2391. Pursuant to subdivision (b) of Section 11053 of the Revenue and
Taxation Code, two hundred fifty million dollars ($250,000,000) in the State
Highway Account shall be available for appropriation to the Department of
Transportation in each annual Budget Act for the Solutions for Congested
Corridors Program. Funds made available for the program shall be allocated
by the California Transportation Commission to projects designed to achieve
a balanced set of transportation, environmental, and community access
improvements within highly congested travel corridors throughout the state.
Funding shall be available for projects that make specific performance
improvements and are part of a comprehensive corridor plan designed to
reduce congestion in highly traveled corridors by providing more
transportation choices for residents, commuters, and visitors to the area of
the corridor while preserving the character of the local community and
creating opportunities for neighborhood enhancement projects. In order to
mitigate increases in vehicle miles traveled, greenhouse gases, and air
pollution, highway lane capacity-increasing projects funded by this program
shall be limited to high-occupancy vehicle lanes, managed lanes as defined
in Section 14106 of the Government Code, and other non-general purpose
lane improvements primarily designed to improve safety for all modes of
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Ch. 5— 43 —
Attachment 1
travel, such as auxiliary lanes, truck climbing lanes, or dedicated bicycle
lanes. Project elements within the corridor plans may include improvements
to state highways, local streets and roads, public transit facilities, bicycle
and pedestrian facilities, and restoration or preservation work that protects
critical local habitat or open space.
2392. A regional transportation planning agency or county transportation
commission or authority responsible for preparing a regional transportation
improvement plan under Section 14527 of the Government Code or the
department may nominate projects for funding through the program that
are consistent with the policy objectives of the program as set forth in this
chapter. The commission shall allocate no more than one-half of the funds
available each year to projects nominated exclusively by the department.
Preference shall be given to corridor plans that demonstrate that the plans
and the specific project improvements to be undertaken are the result of
collaboration between the department and local or regional partners that
reflect a comprehensive approach to addressing congestion and quality-of-life
issues within the affected corridor through investment in transportation and
related environmental solutions. Collaboration between the partners may
be demonstrated by a project being jointly nominated by both the regional
agency and the department.
2393. A project nomination shall include documentation regarding the
quantitative and qualitative measures validating the project’s consistency
with the policy objectives of the program as set forth in this chapter. In
addition to being included in a corridor plan, a nominated project shall also
be included in the region’s regional transportation plan. Projects within the
boundaries of a metropolitan planning organization must be included in an
adopted regional transportation plan that includes a sustainable communities
strategy determined by the State Air Resources Board to achieve the region’s
greenhouse gas emissions reduction targets.
2394. The commission shall allocate program funds to projects after
reviewing the corridor plans submitted by the regional agencies or the
department and making a determination that a proposed project is consistent
with the objectives of the corridor plan. In addition to making a consistency
determination with respect to project nominations, the commission shall
score the proposed projects on the following criteria:
(a) Safety.
(b) Congestion.
(c) Accessibility.
(d) Economic development and job creation and retention.
(e) Furtherance of state and federal ambient air standards and greenhouse
gas emissions reduction standards pursuant to the California Global Warming
Solutions Act of 2006 (Division 25.5 (commencing with Section 38550) of
the Health and Safety Code) and Senate Bill 375 (Chapter 728 of the Statutes
of 2008).
(f) Efficient land use.
(g) Matching funds.
(h) Project deliverability.
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Attachment 1
2395. The commission shall adopt an initial program of projects to be
funded through the initial appropriation for the program. The initial program
may cover a multiyear programming period. Subsequent programs of projects
shall be adopted on a biennial basis consistent with available funds for the
program, and may include updates to programs of projects previously
adopted.
2396. The commission, in consultation with the State Air Resources
Board, shall develop and adopt guidelines for the program consistent with
the requirements of this chapter. Guidelines adopted by the commission
shall be exempt from the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code). Prior to adopting the guidelines, the commission shall
conduct at least one public hearing in northern California and one public
hearing in southern California to review and provide an opportunity for
public comment. The commission shall adopt the final guidelines no sooner
than 30 days after the commission provides the proposed guidelines to the
Joint Legislative Budget Committee and the transportation policy committees
in the Senate and the Assembly.
2397. On or before March 1, 2019, and annually thereafter, the
commission shall provide project update reports on the development and
implementation of the program described in this chapter in its annual report
to the Legislature prepared pursuant to Section 14535 of the Government
Code. A copy of the report shall be provided to the Joint Legislative Budget
Committee and the transportation policy committees of both houses of the
Legislature. The report, at a minimum, shall include information on each
project that received funding under the program, including, but not limited
to, all of the following:
(a) A summary describing the overall progress of the project since the
initial award.
(b) Expenditures to date for all project phase costs.
(c) A summary of milestones achieved during the prior year and
milestones expected to be reached in the coming year.
(d) An assessment of how the project is meeting the quantitative and
qualitative measurements identified in the project nomination, as outlined
in Section 2393.
SEC. 45. Section 4000.15 is added to the Vehicle Code, to read:
4000.15. (a) Effective January 1, 2020, the department shall confirm,
prior to the initial registration or the transfer of ownership and registration
of a diesel-fueled vehicle with a gross vehicle weight rating of more than
14,000 pounds, that the vehicle is compliant with, or exempt from, applicable
air pollution control technology requirements pursuant to Division 26
(commencing with Section 39000) of the Health and Safety Code and
regulations of the State Air Resources Board adopted pursuant to that
division.
(b) Except as otherwise provided in subdivision (c), for diesel-fueled
vehicles subject to Section 43018 of the Health and Safety Code, as applied
to the reduction of emissions of diesel particulate matter, oxides of nitrogen,
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Ch. 5— 45 —
Attachment 1
and other criteria pollutants from in-use diesel-fueled vehicles, and Section
2025 of Title 13 of the California Code of Regulations as it read January 1,
2017, or as subsequently amended:
(1) The department shall refuse registration, or renewal or transfer of
registration, for a diesel-fueled vehicle with a gross vehicle weight rating
of 14,001 pounds to 26,000 pounds for the following vehicle model years:
(A) Effective January 1, 2020, vehicle model years 2004 and older.
(B) Effective January 1, 2021, vehicle model years 2007 and older.
(C) Effective January 1, 2023, vehicle model years 2010 and older.
(2) The department shall refuse registration, or renewal or transfer of
registration, for a diesel-fueled vehicle with a gross vehicle weight rating
of more than 26,000 pounds for the following vehicle model years:
(A) Effective January 1, 2020, vehicle model years 2000 and older.
(B) Effective January 1, 2021, vehicle model years 2005 and older.
(C) Effective January 1, 2022, vehicle model years 2007 and older.
(D) Effective January 1, 2023, vehicle model years 2010 and older.
(c) (1) As determined by the State Air Resources Board, notwithstanding
effective dates and vehicle model years identified in subdivision (b), the
department may allow registration, or renewal or transfer of registration,
for a diesel-fueled vehicle that has been reported to the State Air Resources
Board, and is using an approved exemption, or is compliant with applicable
air pollution control technology requirements pursuant to Division 26
(commencing with Section 39000) of the Health and Safety Code and
regulations of the State Air Resources Board adopted pursuant to that
division, including vehicles equipped with the required model year emissions
equivalent engine or otherwise using an approved compliance option.
(2) The State Air Resources Board shall notify the department of the
vehicles allowed to be registered pursuant to this subdivision.
SEC. 46. Section 4156 of the Vehicle Code is amended to read:
4156. (a) Notwithstanding any other provision of this code, and except
as provided in subdivision (b), the department in its discretion may issue a
temporary permit to operate a vehicle when a payment of fees has been
accepted in an amount to be determined by, and paid to the department, by
the owner or other person in lawful possession of the vehicle. The permit
shall be subject to the terms and conditions, and shall be valid for the period
of time, that the department shall deem appropriate under the circumstances.
(b) (1) The department shall not issue a temporary permit pursuant to
subdivision (a) to operate a vehicle for which a certificate of compliance is
required pursuant to Section 4000.3, and for which that certificate of
compliance has not been issued, unless the department is presented with
sufficient evidence, as determined by the department, that the vehicle has
failed its most recent smog check inspection.
(2) Only one temporary permit may be issued pursuant to this subdivision
to a vehicle owner in a two-year period.
(3) A temporary permit issued pursuant to paragraph (1) is valid for either
60 days after the expiration of the registration of the vehicle or 60 days after
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Attachment 1
the date that vehicle is removed from nonoperation, whichever is applicable
at the time that the temporary permit is issued.
(4) A temporary permit issued pursuant to paragraph (1) is subject to
Section 9257.5.
(c) (1) The department may issue a temporary permit pursuant to
subdivision (a) to operate a vehicle for which registration may be refused
pursuant to Section 4000.15.
(2) Only one temporary permit may be issued pursuant to this subdivision
for any vehicle, unless otherwise approved by the State Air Resources Board.
(3) A temporary permit issued pursuant to paragraph (1) is valid for either
90 days after the expiration of the registration of the vehicle or 90 days after
the date that vehicle is removed from nonoperation, whichever is applicable
at the time the temporary permit is issued.
(4) A temporary permit issued pursuant to paragraph (1) is subject to
Section 9257.5.
SEC. 47. Section 9250.6 is added to the Vehicle Code, to read:
9250.6. (a) In addition to any other fees specified in this code, or the
Revenue and Taxation Code, commencing July 1, 2020, a road improvement
fee of one hundred dollars ($100) shall be paid to the department for
registration or renewal of registration of every zero-emission motor vehicle
model year 2020 and later subject to registration under this code, except
those motor vehicles that are expressly exempted under this code from
payment of registration fees.
(b) On January 1, 2021, and every January 1 thereafter, the Department
of Motor Vehicles shall adjust the road improvement fee imposed under
subdivision (a) by increasing the fee in an amount equal to the increase in
the California Consumer Price Index for the prior year, except the first
adjustment shall cover the prior six months, as calculated by the Department
of Finance, with amounts equal to or greater than fifty cents ($0.50) rounded
to the highest whole dollar. The incremental change shall be added to the
associated fee rate for that year.
(c) Any changes to the road improvement fee imposed by subdivision
(a) that are enacted by legislation subsequent to July 1, 2017, shall be deemed
to be changes to the base fee rate for purposes of the California Consumer
Price Index calculation and adjustment performed pursuant to subdivision
(b).
(d) Revenues from the road improvement fee, after deduction of the
department’s administrative costs related to this section, shall be deposited
in the Road Maintenance and Rehabilitation Account created pursuant to
Section 2031 of the Streets and Highways Code.
(e) This section does not apply to a commercial motor vehicle subject to
Section 9400.1.
(f) The road improvement fee required pursuant to this section does not
apply to the initial registration after the purchase of a new zero-emission
motor vehicle.
(g) For purposes of this section, “zero-emission motor vehicle” means
a motor vehicle as described in subdivision (d) of Section 44258 of the
94
Ch. 5— 47 —
Attachment 1
Health and Safety Code, or any other motor vehicle that is able to operate
on any fuel other than gasoline or diesel fuel.
SEC. 48. (a) On or before January 1, 2019, the Institute for
Transportation Studies at the University of California, Davis is requested
to prepare and submit to the Governor and the Legislature a report that
makes recommendations on potential methodologies to raise revenue from
zero-emission and low-emission vehicle owners to achieve the state’s
transportation electrification, clean air, and climate targets established under
law while also ensuring those vehicle owners pay their fair share of any
costs borne by motorists to fund improvements to the transportation system.
(b) The report shall examine all fees, taxes, and incentives for zero- and
low-emission vehicles, and other vehicles, and shall make recommendations
for options that ensure the purchase and ownership of zero- and low-emission
vehicles are properly incentivized to assist in meeting state clean air and
climate targets, while also ensuring appropriate levels of funding for roads
and transportation.
(c) The study shall assess annual fees on zero-emission vehicles or other
vehicles not otherwise subject to state fuel excise or use taxes and compare
that to the average annual state fuel excise tax assessed on gasoline or diesel
vehicles with equivalent fuel economy.
(d) The Institute shall consult with the State Air Resources Board, the
Department of Transportation, the Department of Motor Vehicles, and the
State Board of Equalization in preparing the report.
(e) This report shall be submitted in compliance with Section 9795 of
the Government Code.
SEC. 49. Guidelines adopted to implement transportation programs in
this act by the California Transportation Commission, the Department of
Transportation, the Transportation Agency, or any other state agency shall
be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code).
SEC. 50. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the meaning of
Article IV of the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
In order to provide additional funding for road maintenance and
rehabilitation purposes as quickly as possible, it is necessary for this act to
take effect immediately.
O
94
— 48 —Ch. 5
Attachment 1
1 7 - 0 0 3 3 Amdt. # I
RECEIVED
OCT 13 2017
INITIATIVE COORDINATOR
ATTORNEY GENERAL'S OFFICE
BELL , MCANDREWS & H I LTACHK , L LP
ATTORNEYS AND COUNSELORS AT LAW
455 CAPITOL MALL, SUITE 600
S A CRAMENTO , C A LIFORNI A 958 14
(916) 442-77 57
FAX (916) 442-7 7 59
www.bmhlaw.com
October 13, 2017
Initiative Coordinator
Office of the Attorney General
State of California
PO Box 994255
Sacramento, CA 94244-25550
Re: Amendment of Proposed Initiative No. 17-0033 "Voter Approval for Increases in
Gas and Car Tax"
Dear Initiative Coordinator:
With this letter I submit an amendment to the above-referenced proposed statewide
initiative measure in accordance with Elections Code section 9002. I am the proponent of the
measure and a registered voter in the State of California. Please prepare a circulating title and
summary of the measure using the amended language as provided by law.
Enclosed with this letter please find the text of the proposed measure as amended.
Thank you for your attention to processing my request.
Respectfully SSubmitted,
-;/6~2~?-
Thomas W. Hiltachk
Attachment 2
1 7 -O O 3 3 Amdt. if 1
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS
SECTION 1. STATEMENT OF FINDINGS AND PURPOSES
(a) California's taxes on gasoline and car ownership are among the highest in the nation.
(b) These taxes have been raised without the consent of the people.
(c) Therefore, the people hereby amend the Constitution to require voter approval of the recent
increase in the gas and car tax enacted by Chapter 5 of the Statutes of 2017 and any future
increases in the gas and car tax.
SECTION 2 . VOTER APPROVAL FOR INCREASES IN GAS AND CAR TAX
Section 3 .5 of Article XIII A of the California Constitution is added to read:
Sec. 3.5(a) Notwithstanding any other provision of law, the Legislature shall not impose,
increase or extend any tax, as defined in section 3 , on the sale, storage , use or consumption of
motor vehicle gasoline or diesel fuel, or on the privilege of a resident of California to operate on
the public highways a vehicle , or trailer coach, unless and until that proposed tax is submitted to
the electorate and approved by a majority vote .
(b) This section does not apply to taxes on motor vehicle gasoline or diesel fuel , or on the
privilege of operating a vehicle or trailer coach at the rates that were in effect on January 1, 2017.
Any increase in the rate of such taxes imposed after January 1, 201 7 shall cease to be imposed
unless and until approved by the electorate as required by this section.
Attachment 2
Attachment 3 – Notable Opposition and Arguments in Support and Opposition to Prop 6
Proposition 6 Opposition:
Notable opposition endorsements include:
• 350 Bay Area Action
• 350 Sacramento
• California League of Conservation
Voters
• California ReLeaf
• Center for Climate Protection
• Climate Resolve
• Coalition for Clean Air
• County of San Mateo
• County of Santa Clara
• East Bay Regional Park District
• Endangered Habitats League
• Environmental Defense Fund
• Fossil Free California
• Global Green
• Green Commuter
• Latino Environmental Advancement
& Policy Project (LEAPP)
• Local Government Commission
• Natural Resources Defense Council
(NRDC)
• Planning and Conservation League
• Rails-to-Trails Conservancy
• Save the Bay
• Sierra Club California
• The Nature Conservancy
• TransForm
Arguments in Support and Opposition:
Official arguments in support and opposition for Proposition 6 appear on the California Secretary
of State website in its Voter Information Guide for the November 6, 2018 Gubernatorial
Election: https://vig.cdn.sos.ca.gov/2018/general/pdf/complete-vig.pdf
Attachment 4
Resolutions/2016/R-16-11_Freudenberg Purchase 1
RESOLUTION 18-__
RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT OPPOSING PROPOSITION 6 AND
SUPPORTING THE CONTINUED IMPLEMENTATION OF SB 1 THE
ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Proposition 6, the Voter Approval for Future Gas and Vehicle Taxes and
2017 Tax Repeal Initiative, would repeal bill SB 1, the Road Repair and Accountability Act of
2017; and
WHEREAS, SB 1 was passed by the California Legislature and signed by the Governor
on April 28, 2018 and will generate approximately $5.4 billion for transportation and
transportation-related projects, including commuter trail projects; and
WHEREAS, SB 1 aligns with many of the Board’s adopted legislative priorities and
positions specified in the 2018 Legislative Program; and
WHEREAS, SB 1 provides significant funding for transit and active transportation to
support walking and biking modes of travel, including the Bay Trail, and
WHEREAS, SB1 embraces a “Fix It First” approach, allocating most of the funding to
maintenance versus expansion of the highway system thus reducing the total newly built
footprint, which also reduces potential environmental impacts; and
WHEREAS, SB 1 provides more flexible funding for the California State Parks system
by allowing the gasoline taxes attributed to boats and off-highway vehicles to support state
parks; and
WHEREAS, SB 1 allocates $20 million to local and regional agencies for climate
change adaptation planning and requires that transportation projects be resilient to climate
change impacts such as sea level rise, fires and floods where feasible and cost effective; and
WHEREAS, SB 1 allocates $30 million a year for four years to establish an Advance
Mitigation Program; and
WHEREAS, SB 1 provides a dedicated transportation funding source, thus reducing
pressure on the State General Fund for potential expansion of future investments in parks and
conservation;
NOW THEREFORE BE IT RESOLVED that the Board of Directors of the
Midpeninsula Regional Open Space District opposes Proposition 6, the Voter Approval for
Future Gas and Vehicle Taxes and 2017 Tax Repeal Initiative and supports the continued
implementation of SB1 the Road Repair and Accountability Act of 2017.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Attachment 4
Resolutions/2016/R-16-11_Freudenberg Purchase 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
From:
To: we ; C er c; Genera Information
Subject: Full Board of Directors and District Clerk - Board Contact Form
Date: Sunday, September 30, 2018 8:56:59 AM
Name *
Select a Choice *.
Email
Ken Lucchesi
Full Board of Directors and District Clerk
Location: (i.e. City, Address or District Palo Alto
Ward)
Comments:
Dear Mid -Peninsula Regional Open Space Board of Directors:
We have for many years deeply appreciated the beautiful and peaceful trails of Rancho San Antonio.
Thank you for all you have done to preserve this wonderful area and all of those within the district.
Our proposal concerns the parking at Rancho San Antonio.
As you may know, the parking lots at Rancho San Antonio can become full quickly, especially on
weekends. On weekends, one needs to arrive by 6:30 AM (or close to the park opening) to be
assured a spot. After that point, cars circle around, or wait behind people who have finished their
workout or hike, and apply unnecessary pressure to leave quickly. We have heard of verbal conflicts
over parking, in fact just last weekend. Parking has been an issue at Rancho since we first started
running there over 10 years ago. And it has become worse, despite the nice new parking facility by
the Equestrian lot. Not only do the parking pressures disturb the peace that people seek at Rancho,
we believe that people too easily drive in alone rather than car pool, resulting in more carbon
emissions.
To alleviate the parking situation at Rancho, and assist the MROSD in raising additional revenue, we
recommend making the lots at Rancho San Antonio permit only. The public may purchase an annual
parking permit placard or a one time use permit from a dispenser in the lot. Electric vehicles would
be granted free parking and special reserved spots. To ensure all are able to enjoy the Park, fee
waivers could be granted and permits issued to those demonstrating income below a certain
threshold, to students, and to others with extenuating circumstances. We believe permit parking at
Rancho San Antonio would provide the following benefits, and few, if any, drawbacks:
- Increase the number of parking spots available at the preserve.
- Reduce the number of vehicles jockeying for spots during peak use times keeping the tone in line
with the preserve's peaceful nature.
- Reduce the number of single -person, carbon -emitting vehicles at the preserve and encourage
preserve users to drive electric vehicles.
- Increase revenue for the MROSD that would be used to further improvements of the lands and
facilities, or perhaps, more specific to Rancho, assist with operating costs for Deer Hollow Farm.
Our open space on the Peninsula and in the South Bay is invaluable, much like our state parks.
Perhaps a wider plan for parking, including other MROSD preserves, could be considered using the
state park system as a model.
Thank you for considering our thoughts.
Best Regards,
Ken Lucchesi
Maggie Tides
Stephen Wassather
DRAFT RESPONSE FOR BOARD CONSIDERATION
October 10, 2018
Dear Ken Lucchesi, Maggie Tides, and Stephen Wassather,
Thank you for your comments regarding your enjoyment of Rancho San Antonio County Park
and Open Space Preserve, as well as your concerns about the parking challenges there. The
Midpeninsula Regional Open Space District (Midpen) owns and manages the preserve, and
manages the County Park portion (where the parking lots are) on behalf of Santa Clara County
Parks. Midpen is aware and concerned about the parking challenges during peak times, as well
as the limitations on parking that have been imposed by neighboring jurisdictions, and current
limitations on multi-modal options for accessing the park/preserve (transit, bike, pedestrian).
Your experiences are evidence of these challenges.
We understand that you believe charging a fee would alleviate some of the parking issues.
However, Midpen manages the county park in part because our Board of Directors want to
ensure that visitors have free access to open space preserves 365 days a year, as they do to all
24 Midpen open space preserves that are open to the public. We are currently evaluating
options to address the parking constraints and promote viable multi-modal alternatives to
access the preserve/park.
With an eye toward finding solutions to these challenges, Midpen and Santa Clara County Parks
have begun to study options in a collaborative effort with numerous other partner
organizations, such as the cities of Cupertino, Mountain View, and Los Altos, the town of Los
Altos Hills, the Santa Clara Valley Transportation Authority, and the Santa Clara Valley Water
District. This collaboration is underway. Unless you object, Midpen will retain your contact
information as part of an interested parties list to be notified when future public meetings
related to Rancho parking/transit solutions are held. We will also share your comments with
these partner organizations as we discuss the parking challenges.
Again, I appreciate you taking the time to send in your comments. I am hopeful that we will be
able to improve this situation and enable you to continue to enjoy this great regional
park/preserve.
Sincerely,
Jed Cyr, Board President
CC: Board of Directors
Rev. 1/3/18
R-18-114
Meeting 18-35
October 10, 2018
AGENDA ITEM 7
AGENDA ITEM
Climate Change Policy and Climate Action Plan
GENERAL MANAGER’S RECOMMENDATIONS
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act (CEQA).
2. Approve the Climate Change Policy as a chapter to the Resource Management Policies,
including either Policy CC-1 Option 1 or Option 2 to set greenhouse gas reduction goals.
3. Adopt the Climate Action Plan.
4. Direct the General Manager to begin implementation of the Climate Action Plan, identifying
new budget and project implementation items as part of the Fiscal Year 2019-20 Capital
Improvement and Action Plan and Budget development process.
SUMMARY
The Board of Directions will consider approval and adoption of the Climate Change Policy and
Climate Action Plan. The Climate Change Policy will be a chapter in the Resource Management
Policies that sets voluntary greenhouse gas (GHG) reduction goals for the agency and guides
District work on carbon sequestration and resilience to climate change impacts. The
accompanying Climate Action Plan will serve as a roadmap to achieve the Board-approved GHG
reduction goals.
DISCUSSION
To date, the full Board has received three informational presentations on the District’s Climate
Change Program.
• On March 28, 2018 (R-18-28), staff provided an overview of the Climate Change
Program and an inventory of the District’s administrative GHG emissions.
• On June 27, 2018 (R-18-67), the Board provided feedback on the District’s voluntary
GHG reduction goals.
• On September 12, 2018 (R-18-103), the Board provided feedback on the draft Climate
Change Policy and draft Climate Action Plan.
R-18-114 Page 2
Climate Change Policy
The Climate Change Policy (Attachment 1) will be a new chapter of the Resource Management
Policies. The Policy will set the District’s voluntary GHG reduction goals and provide direction
on increasing carbon sequestration, promoting resilience to climate change impacts, and
supporting regional climate change efforts. The GHG reduction goals are purely policy goals for
operations and are not intended to constitute an enforceable threshold for CEQA or any other
purpose.
Prior Board Feedback
At the meeting of September 12, the Board provided feedback on the climate change goals and
policy statements. Several comments were provided by Director Kishimoto to move up the 2030
target year or add an interim target before 2030 to accelerate GHG reduction and drive progress
on implementing the Climate Action Plan. Staff evaluated the feasibility of accelerating or
setting interim targets based on staff capacity, near-term priorities, costs, rate of technological
change, and the need for pre-planning and transition plans to implement organizational changes.
Based on the staff assessment, a new interim target of reducing administrative GHG
emissions 20% by 2022 can be included as part of Policy CC-1 and absorbed effectively by the
District at this time. The interim target would accelerate GHG reduction over the next four years,
above the pace needed to meet the 2030 target (a linear trend to the 2030 target would in contrast
result in a 17% reduction by 2022). The interim target should be achievable based on the GHG
reduction potential identified on page 12 of the Climate Action Plan. This language is included
below under Policy CC-1, Option 2.
Board members also requested adding policy language about ecosystem services that protect
resident communities from climate change impacts such as flooding, and considering GHG
emissions as a factor in all decision-making when possible. These comments are now captured in
the detailed Policy, primarily under Policy CC-1 and CC-4 (see Attachment 1). Below is a
summary of the high-level policy statements, which incorporates some of the comments:
Goal CC (Climate Change): Reduce agency-generated GHG emissions, increase carbon
sequestration, and promote natural resource resilience to climate change impacts.
• Policy CC-1
o Option 1: Reduce administrative GHG emissions 40% below 2016 baseline by
2030 and 80% below 2016 baseline by 2050, in line with the State of California’s
GHG reduction goals.
o Option 2: Reduce administrative GHG emissions 20% below 2016 baseline by
2022, 40% below 2016 baseline by 2030, and 80% below 2016 baseline by 2050,
in line with the State of California’s GHG reduction goals.
• Policy CC-2: Reduce non-administrative GHG emissions related to District activities,
such as visitor transportation and livestock.
• Policy CC-3: Increase carbon sequestration in vegetation and soils and minimize carbon
release from wildfire.
• Policy CC-4: Prepare for climate change impacts on natural resources and promote
ecosystem resilience for both natural and built environments.
• Policy CC-5: Lead by example and support state, regional, and community-scale action
on reducing climate change impacts to ecosystem health and biodiversity, and increasing
ecosystem resilience.
R-18-114 Page 3
Climate Action Plan
The Climate Action Plan (Attachment 2) will implement the District’s voluntary GHG reduction
goals. The Climate Action Plan includes the following:
• Summary of current and forecasted GHG emissions;
• Discussion of the District’s voluntary GHG reduction goals;
• Analysis of the effectiveness and cost of ten sample implementation actions;
• Suite of GHG reduction strategies and actions for each emissions sector;
• Implementation and monitoring plan; and
• Discussion of future work on carbon sequestration, adaptation, and resilience.
Prior Board Feedback
At the meeting of September 12, the Board provided feedback on the prioritization criteria and
implementation process for the Climate Action Plan. Director Riffle requested adding
prioritization criteria of cost-effectiveness and environmental co-benefits (incorporated on page
23 of the Climate Action Plan and in the list below). Director Siemens suggested the addition of
an assessment of solar panels on residences (incorporated on page 20 of the Climate Action Plan,
action R2). Board members also suggested adding a Climate Action Plan page to the budget
book to highlight progress on implementation.
Implementation and Monitoring
To reach the District’s GHG reduction goals, the General Manager will propose Climate Action
Plan implementation actions during the annual Capital Improvement and Action Plan (CIAP) and
Budget development process based on the following Board-approved prioritization criteria:
• Greenhouse gas reduction effectiveness
• Cost
• Cost-effectiveness
• Availability of external funds, such as
grants or rebates
• Operational impacts
• Staff capacity
• Ease of implementation
• Ability to leverage other ongoing
programs/projects for economy of scale
• Co-benefits to the public, staff, and
environment
• Consistency with Measure AA, Vision
Plan, Strategic Plan, and other District
goals and priorities
• Public feedback and requests
The full Board will first review the proposed implementation actions during the annual Priority
Setting Retreat and again during the annual CIAP/Budget review. The budget book will include a
Climate Action Plan page for ease of tracking and improved transparency. Staff will conduct a
regular inventory of GHG emissions approximately every two years to track progress towards
the District’s GHG reduction goals, and report findings to the Board. Updating the Climate
Action Plan between 2025 and 2030 is recommended to identify further actions needed to meet
the 2050 goal. Managing the ongoing implementation and monitoring of the Climate Action Plan
is estimated to take approximately 0.5 (half) of a full time equivalent (FTE) staff position.
FISCAL IMPACT
The fiscal impact of implementing the Climate Action Plan will vary each year based on
priorities, staff capacity, and funding. As part of the annual CIAP and Budget development
process, the Board will consider prioritizing and approving budgets for new projects and
R-18-114 Page 4
purchases to further the Climate Action Plan and reach the District’s GHG reduction goals.
Depending on the actions implemented, the District may see a net cost or net savings per action.
Cost estimates for ten sample implementation actions can be found on page 12 of the Climate
Action Plan.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
The Climate Action Plan is exempt from analysis under CEQA based upon Public Resources
Code Section 21082.2(c) and CEQA guidelines Sections 15262, 15061(b)(3) and 15301.
The Climate Action Plan identifies options to achieve the GHG reduction goals. With the
adoption of the Climate Action Plan, the Board is not approving implementation of all actions in
the Plan, but rather identifying a range of options to consider during the annual CIAP and Budget
development process. Therefore, the Climate Action Plan is equivalent to a feasibility or
planning study for possible future actions, which the District has not yet approved, within the
meaning of Section 15262. Furthermore, the vast majority of actions in the Climate Action Plan
are not subject to CEQA review because they would not have a significant impact on the
environment within the meaning of Section 15061(b)(3), or they fall within the Existing
Facilities exemption under Section 15301 for operation, maintenance, or minor alteration of
existing structures, facilities, and equipment.
The few actions mentioned in the Climate Action Plan that have the potential for significant
impacts would be fully evaluated under CEQA if and when they are brought to the Board for
consideration.
NEXT STEPS
Staff will propose Climate Action Plan implementation actions as part of the Fiscal Year 2019-
20 CIAP and Budget development process. Staff has already begun implementing some no-cost
priority actions, such as switching from conventional diesel to renewable diesel (made from
agricultural byproducts).
Attachments
1. Climate Change Policy Chapter – Resource Management Policies
2. Climate Action Plan
Responsible Department Head:
Coty Sifuentes-Winter, Acting Natural Resources Manager
Prepared by:
Hayley Edmonston, Climate Resiliency Fellow, Natural Resources
Climate Change Policy Chapter – Resource Management Policies
XVI. CLIMATE CHANGE
BACKGROUND
Climate change is directly affecting temperatures, precipitation, weather
patterns, species ranges, wildfire risk, and sea levels, impacting the District’s
ability to meet its resource management goals. Human activities that put
excess greenhouse gases into the atmosphere, such as burning fossil fuels for
transportation and energy generation, are the leading cause of climate
change.
Impacts on Natural Systems
According to the National Park Service, the wide range of climate change impacts in the Bay Area include
the following:
• Increase in average annual temperatures of 1.2 degrees Celsius (2.2 degrees Fahrenheit) between
1960 and 2010
• Northern shifts in winter bird ranges of 0.5 kilometers (0.3 miles) per year between 1975 and 2004
• Upward shifts in elevation for 12 percent of endemic species and 27 percent of non-native species
between the periods of 1895-1970 and 1971-2009
• Sea level rise of 22 centimeters (9 inches) between 1854 and 2016
• Decrease in coastal fog by 33 percent between the periods of 1901-1925 and 1951-2008
• Increase in heavy storms by 25 percent between the periods of 1901-1960 and 1991-2000
• Human-caused climate change accounted for 10-20% of the 2012-2014 drought
• Climate was the dominant factor controlling the extent of wildfire burn areas between 1916 and
2003, even during periods of active fire suppression
The Carbon Cycle
The carbon cycle is a natural process by which carbon moves between different stores or reservoirs,
such as the atmosphere, oceans, sedimentary rocks, soils, and plant biomass. When burning fossil fuels,
humans move a massive amount of carbon from the ground to the atmosphere, putting the carbon cycle
out of balance and causing climate change. The two key approaches to solving climate change are 1) to
avoid adding any more carbon to the atmospheric store and 2) to move carbon from the atmospheric
store to safer stores, such as plant biomass and soils. Humans can avoid
adding more carbon to the atmospheric store by reducing greenhouse gas
emissions from fossil fuels and preventing the release of carbon in plants and
soils. Humans can facilitate the movement of carbon from the atmosphere
into plant biomass and soils, also known as carbon sequestration, through
land conservation and management. The District stewards over 63,000 acres
of open space lands, including redwood forests, which store large amounts of
carbon in trees, other vegetation, and soils.
Greenhouse gases, such
as carbon dioxide,
methane, and nitrous
oxide, contribute to the
atmospheric warming
“greenhouse effect” by
absorbing infrared
radiation.
Carbon sequestration is
the process by which
carbon is removed from
the atmosphere and
stored elsewhere, such
as in plants and soils.
Attachment 1
CLIMATE CHANGE GOALS, POLICIES, AND IMPLEMENTATION MEASURES
Policy CC-1
Option 1: Reduce administrative greenhouse gas (GHG) emissions 40% below
2016 baseline by 2030 and 80% below 2016 baseline by 2050, in line with the
State of California’s GHG reduction goals.
Option 2: Reduce administrative greenhouse gas (GHG) emissions 20% below
2016 baseline by 2022, 40% below 2016 baseline by 2030, and 80% below
2016 baseline by 2050, in line with the State of California’s GHG reduction
goals.
• Implement Climate Action Plan strategies to reduce or offset
administrative GHG emissions from vehicles, equipment, facilities,
employee commuting, and tenant residences.
• Periodically update GHG Inventory and track GHG reduction.
• Improve GHG Inventory data quality and tracking systems.
• Consider GHG emissions related to all policies, plans, decisions, and management practices, in
addition to other factors.
• Evaluate the full life-cycle footprint of equipment, services, and supplies, and choose lower
impact/responsible services and supplies.
• Develop sustainability guidelines for facilities, operations, projects,
and events.
Policy CC-2 Reduce non-administrative GHG emissions related to District
activities, such as visitor transportation and livestock.
• Implement Climate Action Plan strategies to reduce or offset GHG
emissions from visitor transportation to preserves.
• Implement Climate Action Plan strategies to reduce or offset GHG
emissions from livestock, and research additional techniques or
technologies.
• Where agricultural sustainability is not a leading factor, select
appropriate livestock species to accomplish vegetation management
objectives (See GM-4).
Policy CC-3 Increase carbon sequestration in vegetation and soils and minimize carbon release from
wildfire.
• Manage conifer forests to sustain and encourage the development of late-seral habitat
conditions (FM-4). Evaluate the potential to reduce forest fuel loading through the removal of
smaller trees to reduce fuel buildup and ladder fuels (See FM-5).
Goal CC- Reduce agency-generated greenhouse gas emissions, increase carbon sequestration, and
promote natural resource resilience to climate change impacts
The State of California
set a goal to reduce GHG
emissions 40% below
1990 baseline levels by
2030 and 80% by 2050
(AB 32). The District first
inventoried GHG
emissions in 2016 so that
is the baseline for the
District’s reduction goals.
District GHG emissions
are divided into
administrative emissions,
which come directly from
District operations such
as vehicles and facilities,
and non-administrative
emissions, which are
related to District
activities but the District
has less control over. A
numerical GHG reduction
goal is set only for
administrative emissions.
Attachment 1
• Manage vegetation communities to reduce the risk of catastrophic fire and to maintain
biological diversity (WF-4). Conduct prescribed burns to re-introduce fire into native ecosystems
and maintain natural ecological processes on District lands (See WF-5).
• Evaluate, study, and implement additional land management strategies to increase carbon
sequestration in vegetation and soils.
• Improve data on carbon sequestration in District lands.
• Evaluate opportunities to create and sell carbon offsets on the California Cap and Trade market
or other voluntary offset markets.
Policy CC-4 Prepare for climate change impacts on natural resources and
promote ecosystem resilience for both natural and built environments.
• Prioritize ecosystem function, resilience, and ecological diversity
focused on multiple species benefits, rather than aiming to prevent
ecological change or return to past conditions.
• Incorporate climate change impacts on natural resources such as
species range and phenology changes into restoration and monitoring activities. Utilize an
adaptive management framework to adjust resource management methods and priorities as
impacts start to occur and climate change knowledge and response options continue to increase
(See GM-3).
• Support ecological functions and ecosystem services that protect the built environment from
climate change impacts, such as flooding and increased wildland fire frequency and intensity.
• Incorporate climate change impacts to infrastructure, such as flooding, drought, and sea level
rise, into planning, project design, and other relevant activities.
• Evaluate, study, and implement additional land management strategies to promote ecosystem
resilience.
Policy CC-5 Lead by example and support state, regional, and community-scale action on reducing
climate change impacts to ecosystem health and biodiversity, and increasing ecosystem resilience.
• Support and participate in regional climate change initiatives and burgeoning community of
practice. Foster partnerships to respond to climate change collaboratively, and seek
opportunities to share information with other agencies.
• Support and influence local and state climate change policies that are protective of ecosystem
health and biodiversity. Seek grant opportunities to fund implementation of GHG reduction,
carbon sequestration, and natural resource resilience efforts.
• Increase public awareness of climate change impacts and solutions the District is pursuing
through education and outreach. Incorporate climate change into interpretive programming,
facilities, and materials (See PI-1).
• Coordinate and cooperate with institutions, agencies, organizations, and individuals conducting
research on climate change and resource management (See RC-2).
REFERENCES
Patrick Gonzalez, Ph.D. “Climate Change in the National Parks of the San Francisco Bay Area, California,
USA.” National Park Service and University of California, Berkeley. 2016.
Resilience is the capacity
of ecosystems natural
and human communities
to withstand and bounce
back from climate stress
and hazardous events.
Attachment 1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CLIMATE ACTION PLAN
October 2018
Attachment 2
Climate Action Plan | October 2018 | page 2
Acknowledgements
MIDPEN PROJECT TEAM
Hayley Edmonston, Climate Resiliency Fellow (Project Manager)
Matt Baldzikowski, Senior Resource Management Specialist
Deborah Bazar, Management Analyst II
Craig Beckman, Skyline Area Manager
Anthony Correia, Supervising Ranger
Elaina Cuzick, Senior Property Management Specialist
Nathan Greig, Data Analyst I
Josh Hugg, Governmental Affairs Specialist
Tina Hugg, Senior Planner
Dave Jaeckel, Management Analyst II
Kirk Lenington, Natural Resources Manager
Omar Smith, Maintenance Supervisor
Owen Sterzl, IT Administrator
Thanks to the entire staff of Midpeninsula Regional Open Space District who participated in working groups,
contributed ideas and suggestions, and helped fit this plan into Midpen’s broader mission.
CONSULTANT TEAM
Olivia Ashmoore, Project Assistant
Julia Chang-Frank, Director
Andrea Martin, Senior Associate
Kendra White, Senior Associate
EXTERNAL PARTNERS AND RESOURCES
Laura Castellini, Golden Gate National Recreation Area
Dale Dualan, Point Reyes National Seashore
Sandra Hamlat & Chantal Alatorre, East Bay Regional Park District
Wendy Millet, TomKat Ranch
Tom Robinson, Bay Area Open Space Council
San Mateo County Office of Sustainability
ICLEI – Local Governments for Sustainability
Point Blue Conservation Science
Sonoma County Agricultural Preservation and Open Space District
San Mateo Resource Conservation District
Bay Area Air Quality Management District
Santa Clara Valley Open Space Authority
Santa Clara County Parks
Peninsula Open Space Trust
The Nature Conservancy
Attachment 2
Climate Action Plan | October 2018 | page 3
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CLIMATE ACTION PLAN
October 2018
TABLE OF CONTENTS
Foreword........................................................................................................................................................... 4
Executive Summary ........................................................................................................................................... 5
Introduction ...................................................................................................................................................... 6
Baseline Summary ............................................................................................................................................ 7
Greenhouse Gas Inventory ........................................................................................................................... 7
Business-as-Usual Emissions Forecast .......................................................................................................... 8
Greenhouse Gas Reduction Goals and Targets ................................................................................................. 9
Effectiveness and Cost Analysis of 10 Sample Actions ................................................................................... 11
Greenhouse Gas Reduction Strategies and Actions ....................................................................................... 13
Vehicle Fleet, Equipment, and Business Travel .......................................................................................... 13
Employee Commute ................................................................................................................................... 16
Facilities ...................................................................................................................................................... 18
Tenant Residences ...................................................................................................................................... 20
Education and Outreach ............................................................................................................................. 21
Implementation and Monitoring .................................................................................................................... 23
Carbon Sequestration, Adaptation, and Resilience ........................................................................................ 25
Glossary........................................................................................................................................................... 28
Appendix 1: Non-Administrative Emissions – Livestock & Visitor Transportation ......................................... 29
Livestock ..................................................................................................................................................... 29
Visitor Transportation ................................................................................................................................. 32
Appendix 2: Full Strategies and Actions List by Sector ................................................................................... 33
Appendix 3: Full Strategies and Actions List by Department .......................................................................... 37
Appendix 4: Full List of Performance Indicators ............................................................................................. 42
Attachment 2
Climate Action Plan | October 2018 | page 4
Foreword
With this Climate Action Plan, Midpen is taking action to minimize our own operational climate change
impacts on our community and the surrounding natural environment. Climate change is putting at risk nearly
50 years of incredible conservation gains made by this organization and our partners. Changing temperatures
are altering rainfall, vegetation, and ultimately the health of our local biodiversity. People are also witnessing
and directly experiencing the wide-reaching impacts of climate change.
Midpen remains committed to protecting a regional greenbelt of open space that increases our community’s
ability to cope with climate change. Preserved forests and grasslands, and even the soil beneath them,
continuously capture and store excess carbon in the atmosphere that originates from the burning of fossil
fuels for transportation and energy. Open space lands buffer surrounding communities from catastrophic
events such as sea level rise, flooding, and wildfire. Interconnected open space with wildlife corridors allows
native plants and wildlife to move across the landscape, seeking livable habitats in response to changing
conditions.
Midpen is seizing the opportunity to lead by example and be part of the solution . From the energy we use, to
which lands we preserve, to how we manage open space, this Climate Action Plan is our roadmap to meeting
aggressive voluntary greenhouse gas reduction goals. We invite you to join us in taking a few additional steps
to further reduce your own carbon footprint. Collectively, our actions make a real and lasting difference.
Ana María Ruiz
General Manager
Attachment 2
Climate Action Plan | October 2018 | page 5
Executive Summary
Climate change is a direct threat to Midpeninsula Regional Open Space District’s (Midpen’s) mission to
acquire and preserve a regional greenbelt of open space land in perpetuity. Climate change is affecting
temperatures, precipitation, weather patterns, species ranges, and wildfire risk, thereby affecting
Midpen lands. Midpen believes that action on climate change must start from within and aims to lead by
example by reducing its carbon footprint as an agency. The Climate Action Plan serves as a roadmap to
meet Midpen’s ambitious commitment to:
Reduce administrative
greenhouse gas (GHG)
emissions 40% below 2016
baseline by 2030 and 80%
below 2016 baseline by 2050.
This goal will be reached by implementing the following climate action strategies:
VEHICLE FLEET, EQUIPMENT, AND BUSINESS TRAVEL - 45% OF BASELINE ADMINISTRATIVE GHG EMISSIONS
Increase electric and alternative fuel vehicles and equipment, increase vehicle fuel economy, increase
use of electric transportation options, reduce miles driven, and purchase carbon offsets for flights.
EMPLOYEE COMMUTE – 30% OF BASELINE ADMINISTRATIVE GHG EMISSIONS
Reduce the number of commute days, incentivize and enable low -emissions commute modes, and
reduce commute distances.
FACILITIES – 13% OF BASELINE ADMINISTRATIVE GHG EMISSIONS
Move towards 100% renewable electricity for all Midpen facilities, maximize energy efficiency in new
and existing buildings, and reduce solid waste generated through Midpen operations.
TENANT RESIDENCES – 12% OF BASELINE ADMINISTRATIVE GHG EMISSIONS
Move towards 100% renewable electricity for residences, increase energy efficiency, move towards
cleaner heat sources, and improve data and guidance for decision-making.
In addition, Midpen seeks strategies to reduce or offset livestock emissions, enhance carbon
sequestration, reduce visitor transportation emissions, and increase staff and visitor awareness and
action on climate change.
The Climate Action Plan is designed to be a living document, serving as a starting point for a long-term
commitment to address climate change. It is our hope that by taking steps to reduce GHG emissions
internally, Midpen can draw attention to this critical issue, catalyze GHG reduction in our resident
community and the broader environmental community, and contribute to local, state, and global
progress on stabilizing the climate and protecting life in all its forms.
0
400
800
1200
1600
2016 Baseline 2030 Goal 2050 Goal
MT
C
O
2e
Midpen GHG Reduction Goals
Attachment 2
Climate Action Plan | October 2018 | page 6
Introduction
Climate change is a direct threat to Midpeninsula Regional Open Space District’s (Midpen’s) mission to
acquire and preserve a regional greenbelt of open space land in perpetuity. Now and in the future, climate
change has wide-reaching consequences for the Bay Area’s natural environment and the people who depend
on it. Greenhouse gases (GHGs) released from burning fossil fuels for transportation and energy are changing
the climate. As a result, the Bay Area is already seeing warmer temperatures, changes to plant and animal
habitat ranges, more intense wildfires, sea level rise, and more frequent droughts and floods.
Midpen believes that action on climate change must start from within. The Climate Action Plan (CAP)
presents a roadmap to reduce Midpen’s carbon footprint. Midpen aims to further regional and global
progress on climate change mitigation, draw attention to this critical issue, and catalyze community-wide
greenhouse gas reductions by leading by example and demonstrating what solutions look like in practice.
The CAP summarizes Midpen’s carbon footprint and outlines strategies to reduce it. Midpen has adopted an
ambitious voluntary goal of reducing greenhouse gas emissions 40% by 2030 and 80% by 2050, in line with
the State of California’s goals. In pursuit of that goal, the CAP lays out a suite of greenhouse gas reduction
strategies, actions, and performance indicators as well as an implementation and monitoring plan.
CLIMATE ACTION PLAN DEVELOPMENT PROCESS
In 2017, Midpen initiated a climate action planning process to assess and develop strategies to reduce agency
greenhouse gas emissions. Midpen hired a management fellow through the City/County Managers
Association of San Mateo and Santa Clara Counties to lead this work. Partner organizations like the Bay Area
Open Space Council have commended Midpen’s leadership in dedicating staff resources to climate change.
Staff at all levels have been involved in the development of the Climate Action Plan in order to create a
roadmap that is feasible and balances climate goals with the important work done by Midpen staff. An
interdepartmental climate project team was convened in November 2017 to guide the scope and content of
the Climate Action Plan. This team of 12 representatives from seven departments met monthly throughout
the project. In addition, three working groups composed of a total of 16 staff took a deep dive into the
largest emissions sectors over the course of 14 brainstorming and prioritization meetings. The full staff was
engaged in the project through all-staff and department presentations. Finally, 101 employees (56% response
rate) responded to a survey on Climate Action Plan strategies to share their ideas and feedback. A majority of
employees supported every single GHG reduction strategy in the survey, with support ranging from 65-97%
across strategies.
The Board of Directors held three meetings to inform the development of the Climate Action Plan:
March 28, 2018, to review Midpen’s greenhouse gas inventory and forecast
June 27, 2018, to provide feedback on Midpen’s greenhouse gas reduction goals
September 12, 2018, to provide feedback on the draft Climate Action Plan and draft Climate Change
Policy
Attachment 2
Climate Action Plan | October 2018 | page 7
Baseline Summary
Greenhouse Gas Inventory
The baseline GHG Inventory is for the year 2016, the earliest year for which full data was available. Midpen is
using an administrative scope that focuses on GHG emissions from Midpen administration and operations:
Vehicle fleet, equipment, and business travel
Employee commute
Facilities (including electricity, heating fuels, solid waste, and wastewater)
Tenant residences (including electricity and heating fuels)
In 2016, Midpen produced 1,522
metric tons of carbon dioxide
equivalent (MTCO2e). Vehicles,
equipment, and business travel
was the largest emissions sector at
45%. Employee commute was the
second highest contributor at 30%.
Facilities made up 13% of
administrative emissions, followed
by tenant residences at 12%.
These administrative emissions
sectors are the focus of Midpen’s
GHG reduction goals, and details
on each sector can be found in the
Greenhouse Gas Reduction
Strategies and Actions section.
There are also non-administrative
GHG emissions related to Midpen
activities but that Midpen has less
control over, such as livestock and visitor transportation to preserves. These non-administrative emissions
sectors are discussed in Appendix 1. They represent areas for additional analysis to establish GHG emissions
baselines and identify opportunities to reduce emissions above and beyond Midpen’s administrative GHG
reduction goals. Initial strategies to establish emissions baselines and reduce or offset emissions from
livestock and visitor transportation are described in Appendix 1.
Vehicle
Fleet,
Equipment,
Business
Travel
45%Employee
Commute
30%
Facilities
13%
Tenant Residences
12%
2016 Baseline Administrative GHG Emissions:
1,522 MTCO2e
Attachment 2
Climate Action Plan | October 2018 | page 8
Business-as-Usual Emissions Forecast
The business-as-usual (BAU) emissions forecast projects greenhouse gas emissions through 2050 to provide a
sense of how emissions will change over time if Midpen takes no action to reduce emissions. The forecast
takes Midpen’s significant organizational growth into account, including expected growth in staff, vehicles,
office facilities, and land acquisition. The BAU forecast also factors in state and regional laws and policies that
will affect emissions in the future, such as fuel efficiency and renewable energy standards.
Administrative GHG Emissions Forecast 2016-2050
The BAU forecast indicates that planned organizational growth will be largely offset by regional and state
changes to electricity carbon intensity and vehicle fuel efficiency. The result is an overall 1% increase in
administrative emissions between 2016 and 2050. Without these planned policy changes at the regional and
state level, Midpen’s administrative emissions would grow 39% above the 2016 baseline by 2050, as shown in
the figure above. The dip in emissions that can be seen in 2017-2018 is because Midpen facilities are being
automatically enrolled in 50% renewable electricity from Silicon Valley Clean Energy and Peninsula Clean
Energy.
Based on this business-as-usual emissions forecast, Midpen will have to take action that goes beyond
regional and state initiatives to meet its goal to reduce emissions 40% by 2030 and 80% by 2050.
Attachment 2
Climate Action Plan | October 2018 | page 9
Greenhouse Gas Reduction Goals and Targets
A specific, numerical goal for greenhouse gas reduction will help drive progress and measure the success of
Midpen’s climate mitigation efforts. Midpen sets the following voluntary greenhouse gas reduction goals to
be achieved by the Climate Action Plan:
Reduce administrative GHG
emissions 40% below 2016
baseline by 2030 and 80%
below 2016 baseline by
2050.
Overall and sector-specific targets provide metrics for assessing progress towards climate action goals. Key
indicators are also identified within each emissions sector to provide additional information on trends over
time that may be enabling or inhibiting GHG reductions. Midpen staff will track progress towards reaching
these targets by conducting a GHG Inventory update and providing reports to the Board every two years (see
Implementation and Monitoring section).
CLIMATE ACTION PLAN GOALS BASELINE
(2016)
TARGET
(2030)
TARGET
(2050)
Reduce vehicle fleet, equipment, and business travel emissions 40%
by 2030, 80% by 2050
676
(MTCO2e)
406
(MTCO2e)
135
(MTCO2e)
Reduce employee commute emissions 40% by 2030, 80% by 2050 463
(MTCO2e)
278
(MTCO2e)
93
(MTCO2e)
Reduce facilities emissions 40% by 2030, 80% by 2050 197
(MTCO2e)
118
(MTCO2e)
39
(MTCO2e)
Reduce tenant residences emissions 40% by 2030, 80% by 2050 185
(MTCO2e)
111
(MTCO2e)
37
(MTCO2e)
STATE, NATIONAL, AND INTERNATIONAL CONTEXT
This target is aligned with the State of California and regional peers. California has set a statewide
greenhouse gas reduction requirement of 80% below 1990 baseline levels by 2050. The California Legislature
passed a mid-term 2030 reduction target to reduce emissions to 40% below 1990 baseline levels by 2030.1
Midpen uses a 2016 baseline rather than a 1990 baseline because 2016 is the earliest year for which full data
was available. Best practices recommend setting a baseline year in this manner rather than attempting to
“back-cast” emissions in 1990 with very minimal data.
1 “Climate Change Programs.” California Air Resources Board, 2018.
0
400
800
1200
1600
2016 Baseline 2030 Goal 2050 Goal
MT
C
O
2e
Midpen GHG Reduction Goals
Attachment 2
Climate Action Plan | October 2018 | page 10
Additionally, the 80% by 2050 reduction target is broadly accepted internationally by cities, states, and
nations. This target is the foundation of the “Under2 MOU,” an agreement initiated in 2015 and now signed
by California and over 200 jurisdictions from around the world to meet the intentions of the Paris Agreement.
The “Under2 MOU” requires signatories to commit to “limit emissions to below 80 to 95 percent below 1990
levels, or below 2 annual metric tons per capita, by 2050—the level of emission reduction believed necessary
to limit global warming to less than 2 degrees Celsius.”2
HOW WILL WE GET THERE?
The Climate Action Plan serves as an achievable roadmap to reduce administrative emissions 40% below
baseline by 2030. Achieving an 80% reduction by 2050 is a vision as important as it is challenging. Advances in
technology, changes to everyday operations, and incorporating climate change into decision-making will all
be required to meet this more ambitious long-term target. Midpen has an opportunity and a duty as an
environmental agency to lead by example and confront this critical challenge head on.
2 “The Under2 MOU.” Under2 Coalition, 2018.
Attachment 2
Climate Action Plan | October 2018 | page 11
Effectiveness and Cost Analysis of 10 Sample Actions
GHG reductions and costs were modeled for ten sample Climate Action Plan actions that, if implemented,
would reduce administrative GHG emissions by 40% (see table below). This analysis identifies one pathway
to reducing administrative emissions by 40% below baseline, meeting Midpen’s 2030 target , but many
other combinations of actions could achieve the same reduction. Therefore, the information presented in the
table is not meant to be prescriptive but rather to illustrate that reaching the 40% reduction goal is possible.
Costs and GHG reductions were not analyzed for the full list of actions in the Climate Action Plan.
The table below shows that some actions would result in ongoing annual operating costs, such as purchasing
100% renewable electricity ($1,534 per year) or providing a transit/carpool/bike incentive ($21,002 to
$43,619 per year depending on participation). Some actions would require upfront capital costs that are paid
back over time through cost savings, such as purchasing electric bikes or all-terrain vehicles for ranger patrol
($60,000 upfront cost, paid back in two years through vehicle fuel savings). Downsizing trucks would result in
both capital savings (due to lower purchase price at the time of replacement) and operating savings (due to
fuel savings). Finally, some actions would have no associated cost, such as expanding telecommuting and
compressed work schedules. The addition of a solar panel system for the new Administrative Office (AO) is
expected to result in a net cost savings on energy use. At this time, it is too early to know whether other
direct and indirect costs would apply to improve the energy efficiency of the building.
Altogether, the ten sample actions analyzed would result in an estimated net annual operating savings of
$81,707 due to savings in fuel and energy use. Net upfront capital costs will depend on energy efficiency
improvements and costs associated with the AO building.
Attachment 2
Climate Action Plan | October 2018 | page 12
SECTOR ACTION
GHG
REDUCTION
FROM BASELINE
PAYBACK
PERIOD
(YEARS)
NET ANNUAL
OPERATING COST*
NET UPFRONT
CAPITAL
COST*
Vehicles, Equipment,
Business Travel
Switch to renewable diesel (Completed in
September 2018) 6% N/A $0 $0
Downsize F350 trucks at time of replacement (25%
of trucks and 100% of trucks scenarios)** 2.5-10% N/A ($13,952 - $55,807) ($34,729 -
$138,915)
Increase ranger patrol on electric bikes or all-terrain
vehicles (ATVs) 4% 2 ($33,434) $60,000
Purchase carbon offsets for all business travel 6% No payback $374 $0
Employee Commute
Transit/carpool/bike incentive (low and high
scenarios) 3-6% No payback $21,002 - $43,619 $0
Expand telecommuting (low and high scenarios) 2-5% N/A $0 $0
Expand compressed work schedules (low and high
scenarios) 1.5-3% N/A $0 $0
Allow Administrative Office (AO) staff to work at
new South Area Office (low and high scenarios) 0.3-0.8% N/A $0 $0
Facilities
Purchase 100% renewable electricity 5% No payback $1,534 $0
New AO: Zero Net Energy (solar panel system plus
60% energy use reduction through renovation) 2% TBD ($47,612) TBD
TOTAL (RANGE) 32-48% ($49,471 - $113,943) ($79,915) - $25,271
+ AO costs
TOTAL (AVERAGE) 40% ($81,707) ($26,822)
+ AO costs
*Negative values indicate net savings.
**It may not be feasible to downsize all F350 trucks. Further analysis is required to assess whether smaller trucks could meet Midpen’s operational needs for fire
response and off-road patrol and maintenance. This table shows that downsizing F350 trucks has high GHG and cost savings potential.
Employee Commute Scenario Assumptions
Transit/carpool/bike incentive: Low – 13% of employees shift to always alternative commute; High – 27% of employees shift to always alternative commute
Expand telecommuting: Low – 50% of AO employees telecommute 1 day/week; High – 75% of AO employees telecommute 2 days/week
Expand compressed work schedules: Low – 81% of employees on 9/80 schedule; High – all employees on 9/80 schedule plus 34% of employees shift to 4/10
schedule (changes modeled on top of current 34% of employees already on 9/80 schedule)
Allow Administrative Office staff to work at new South Area Office: Low – 20% of AO employees 1 day/week; High – 25% of AO employees 2 days/week
Attachment 2
Climate Action Plan | October 2018 | page 13
Greenhouse Gas Reduction Strategies and Actions
The following sections detail Midpen’s GHG reduction
strategies and actions by sector. Strategies are high-level
approaches that specify how changes within that sector
will reduce GHG emissions. Actions, nested within each
strategy, provide a suite of specific implementation
measures. In the following tables, strategies are shown
as headers and actions are listed below each strategy.
Prioritization and implementation are discussed in the
Implementation and Monitoring section.
Vehicle Fleet, Equipment, and Business Travel
In total, vehicle fleet, equipment, and business travel
account for the largest portion of Midpen’s
administrative emissions, 45% in 2016. Midpen uses
vehicles to carry out maintenance activities, patrol open
space preserves, provide emergency response, and
transport employees. Maintenance equipment is used to
build and maintain trails, structures, and facilities.
Employees also travel for work, including flights to
conferences. Air travel is a highly carbon-intensive mode
of travel, and alone accounts for 6% of Midpen’s
administrative emissions.
Climate action strategies can reduce fleet and equipment
emissions by transitioning to electric and alternative fuel
vehicles and equipment, increasing fuel efficiency,
and optimizing operations to reduce driving
distances. To reduce business travel emissions,
Midpen can reassess the need to attend far-away
conferences and purchase carbon offsets for
flights.
A key challenge in this sector is the operational
demands of off-road vehicles. At present, there are
few low-emissions options for trucks that can meet
Midpen’s patrol, maintenance, and emergency
response needs. Tracking evolving technologies
and testing new truck options as they emerge will
be a key priority for greening the vehicle fleet.
Vehicles/Equipment GHG Emissions Breakdown
STRATEGIES AND ACTIONS TABLE KEY
LEAD DEPARTMENT/DIVISION
AS: Administrative Services
E&C: Engineering and Construction
HR: Human Resources
IST: Information Systems and Technology
L&F: Land and Facilities
NR: Natural Resources
PA: Public Affairs
PL: Planning
VS: Visitor Services
TIMEFRAME
Complete:
Ongoing:
Short-term: 1-3 years
Medium-term: 3-6 years
Long-term: 6-12 years
OFFICE FACILITIES
AO: Administrative Office
CAO: Coastal Area Office
FFO: Foothills Field Office
SAO: South Area Office
SFO: Skyline Field Office
Attachment 2
Climate Action Plan | October 2018 | page 14
Midpen has already taken steps to reduce vehicle fleet, equipment, and business travel emissions by:
Changing diesel fuel tanks to renewable diesel in September 2018.
Installing electric vehicle chargers at the administrative office and acquiring a plug-in hybrid.
Incorporating fuel efficiency into vehicle replacement guidelines.
Replacing three F350 trucks with more efficient F150 trucks at time of replacement.
Acquiring and testing electric maintenance equipment such as chainsaws and brush cutters.
Acquiring and testing two electric bicycles at Skyline Field Office for transportation to maintenance
activities.
First fueling with renewable diesel in September 2018.
GOALS, TARGETS, AND KEY PERFORMANCE INDICATORS
VEHICLE, EQUIPMENT, AND BUSINESS TRAVEL GOAL BASELINE
(2016)
TARGET
(2030)
TARGET
(2050)
Reduce vehicle fleet, equipment, and business travel emissions 40%
by 2030, 80% by 2050
676
(MTCO2e)
406
(MTCO2e)
135
(MTCO2e)
Vehicle, Equipment, & Business Travel Indicators
Average vehicle fuel economy (miles per gallon) 15.6
Total fleet vehicle miles traveled (miles, WEX cards only) 883,713
Proportion of equipment that is powered by renewable fuel or
electricity (%)
0%
Annual miles flown for business travel (miles) 50,000
Attachment 2
Climate Action Plan | October 2018 | page 15
STRATEGIES AND ACTIONS
VEHICLE, EQUIPMENT, & BUSINESS TRAVEL STRATEGIES AND ACTIONS LEAD
DEPARTMENT
TIMEFRAME
Increase Electric and Alternative Fuel Vehicles and Equipment
V1 Switch fuel tanks to renewable diesel. L&F
V2 Track technology development for hybrid, electric, or alternative
fuel trucks. When a viable option comes on the market, acquire
and test one truck as a pilot project.
L&F; VS
V3 Install electric vehicle chargers at all field offices. L&F
V4 Acquire and test new electric equipment as technology develops.
Update Maintenance Operations Manual to provide guidance to
choose electric maintenance equipment when tasks allows.
L&F
V5 As administrative vehicles are up for replacement, replace with
electric or hybrid vehicles wherever possible.
L&F
V6 Purchase one hybrid or long-range electric vehicle for each field
office for highway/town travel and on-road maintenance
projects.
L&F
Increase Vehicle Fuel Economy
V7 Evaluate fire response program and assess feasibility of
alternative fire response models with lower emissions, such as
acquiring brush trucks and downsizing F350s (e.g. City of Palo
Alto).
VS; L&F
V8 Update Maintenance Operations Manual to provide guidance to
choose most fuel efficient vehicle possible for task.
L&F
Increase Use of Alternative Electric Transportation Options
V9 Acquire and test electric bikes, motorcycles, ATVs, or mules as
technology develops. Stage electric transportation equipment at
preserves to enable use.
L&F; VS
V10 Expand ranger patrols on electric bikes, motorcycles, ATVs, or
mules. Update Ranger Operations Manual to encourage this
option and provide guidance.
VS
V11 Update Maintenance Operations Manual to provide guidance to
use electric transportation equipment to get to/from project site
when tasks allows.
L&F
Reduce Vehicle Miles Driven
V12 Evaluate patrol and maintenance circulation routes to identify
mileage reduction opportunities.
VS; L&F
V13 Minimize driving to meetings and trainings through
teleconferencing technology and efficient scheduling.
IST
Purchase Carbon Offsets for Flights
V14 Purchase carbon offsets for flights. AS
Attachment 2
Climate Action Plan | October 2018 | page 16
Employee Commute
Midpen employees commuted nearly 1.5 million miles in 2016, and this
activity accounts for 30% of Midpen’s administrative emissions. Over 80%
of employees always drive alone to work due to high local housing costs
and limited public transit options, particularly for field staff.
While employee commute choices are not under Midpen’s control,
Midpen can influence employee habits to reduce emissions by promoting
alternative commute options like carpooling, public transit, and biking.
Midpen will strive to create an environment conducive to efficient
commuting by offering flexible work schedules, expanding
telecommuting when possible, and pursuing opportunities to provide
employees with Midpen-owned housing. Reducing employees’ commute
trips and providing employees with options for how they commute has
significant co-benefits for employee morale and retention.
Midpen has already taken steps to reduce employee commute emissions
by:
Offering “9/80” compressed work schedules for some employees.
Offering telecommuting one day per week for some employees.
Installing electric vehicle chargers at the Administrative Office.
Offering Commuter Checks for employees to use pre-tax dollars
for public transit (as required by Bay Area Air Quality Management
District). 3
Providing Midpen-owned housing to some employees.
GOALS, TARGETS, AND KEY PERFORMANCE INDICATORS
EMPLOYEE COMMUTE GOAL BASELINE
(2016)
TARGET
(2030)
TARGET
(2050)
Reduce employee commute emissions 40% by 2030, 80% by 2050 463
(MTCO2e)
278
(MTCO2e)
93
(MTCO2e)
Employee Commute Indicators
Total drive-alone employee vehicle miles traveled (miles) 1,350,784
Percent of employees who always drive alone to work (%) 83%
Percent of employees who work a compressed 9/80 schedule (%) 32%
Percent of administrative employees who telecommute regularly (%) 9%
3 The Bay Area Air Quality Management District requires employers with more than 50 employees to either
provide pre-tax Commuter Checks (Midpen’s current approach) or provide a transit incentive of at least $75 per
month to participating employees.
Attachment 2
Climate Action Plan | October 2018 | page 17
STRATEGIES AND ACTIONS
EMPLOYEE COMMUTE STRATEGIES AND ACTIONS LEAD
DEPARTMENT
TIMEFRAME
Reduce the Number of Commute Days
C1 Expand and encourage telecommuting. HR; IST
C2 Expand and encourage compressed work schedules. HR; VS; L&F
C3 Assess the feasibility of a weekly or biweekly administrative office
closure (compressed schedules or telework on closure day).
L&F; HR
Incentivize and Enable Low-Emissions Commute Modes
C4 Create an incentive for employees commuting via carpool, public
transit, bike, or walking.
HR
C5 Install electric vehicle chargers at all field offices. L&F
C6 Create intranet page with commute resources and carpool
database.
HR
C7 Offer competitive pricing for employee electric vehicle charging. AS
C8 Assess opportunities to partner with local employee shuttles (e.g.,
Chariot, San Mateo County, and tech companies).
HR
C9 Create a guaranteed ride home safeguard to reimburse an
employee’s taxi or rideshare ride home in case of personal
emergency or illness.
HR
Reduce Commute Distances
C10 Pilot project to allow administrative employees to work out of the
new South Area Office two days per week.
L&F
C11 Assess the feasibility of acquiring more Midpen-owned housing. PL
Specific supporting actions to expand and encourage telecommuting (Action C1) and compressed work
schedules (Action C2) may include one or more of the following:
For administrative employees:
Allow employees to do both a compressed schedule and telecommute.
Add a four 10-hour days (4/10) compressed schedule option.
Increase the number of days per week employees can telecommute to two.
Expand the job classifications that are eligible for telecommuting or compressed schedules.
For field employees:
Expand 9/80 or 4/10 compressed schedules when feasible.
Strengthen the telecommuting and compressed schedule programs by clarifying and reinforcing the
framework, requirements, and expectations laid out in the existing policies through:
Trainings for managers and employees.
Formalizing workplace norms to minimize disruption such as ensuring all employees have
their telecommute/off days in their Outlook and department calendars.
Inform employees of the option to telecommute for half of time spent on transit (supports Action C4).
Attachment 2
Climate Action Plan | October 2018 | page 18
Facilities
Midpen occupies administrative and field offices
that produce greenhouse gas emissions through
energy use and waste generation. Electricity and
heating fuels are used to make buildings
comfortable, and both Midpen operations and
visitors generate solid waste and wastewater. In
total, facilities account for 13% of administrative
emissions. As shown in the chart at right, the top
two contributors to facility emissions are
electricity use and solid waste generation.
To reduce electricity emissions, Midpen can
reduce electricity use and increase the portion of
electricity generated by renewable energy. The
top two electricity users are the AO and AO2-4.
As Midpen plans a new Administrative Office,
incorporating energy efficiency and renewable
energy could have a substantial impact on
Midpen’s facility emissions. Taking steps to
increase energy efficiency at other facilities, such as field offices and the Daniels Nature Center, can reduce
the use of electricity and heating fuels like natural gas and propane. To reduce solid waste emissions, Midpen
will work to divert recyclable materials and organic waste from the landfill. When organic material
decomposes in a landfill, it releases methane, a potent greenhouse gas.
An odd dynamic in this sector is that, from a greenhouse gas accounting standpoint, once Midpen begins
purchasing 100% renewable electricity, there is little to no additional GHG reduction to be gained from
increasing energy efficiency or installing solar panels. This accounting quirk masks the significant resource
costs of energy generation (such as transmission loss and water use) and the benefits of generating
renewable energy on site locally (such as independence and contributing additional clean energy to the grid).
Therefore, increasing energy efficiency and assessing the viability of installing solar panels are key facility
recommendations despite their marginal contribution to GHG reduction on paper.
Midpen has already taken steps to reduce facility emissions by:
Seeking an energy audit of AO, FFO, and SFO from Silicon Valley Energy Watch and Ecology Action.
Reusing and recycling solid waste from routine maintenance activities.
Creating a waste diversion policy and meeting waste diversion targets for capital projects.
Facilities GHG Emissions Breakdown
Attachment 2
Climate Action Plan | October 2018 | page 19
GOALS, TARGETS, AND KEY PERFORMANCE INDICATORS
FACILITIES GOAL BASELINE
(2016)
TARGET
(2030)
TARGET
(2050)
Reduce facilities emissions 40% by 2030, 80% by 2050 197
(MTCO2e)
118
(MTCO2e)
39
(MTCO2e)
Facilities Indicators
Administrative office electricity use per square foot (annual
kWh/SQFT)
11.34
Field office average electricity use per square foot (annual
kWh/SQFT)
5.37
Percent of electricity from renewable sources (%) 33%
Solid waste diversion rate (% diverted) 34%
STRATEGIES AND ACTIONS
FACILITIES STRATEGIES AND ACTIONS LEAD
DEPARTMENT
TIMEFRAME
Move Towards 100% Renewable Electricity for All Midpen Facilities
F1 Purchase 100% renewable electricity for Midpen facilities. L&F
F2 Assess the feasibility of rooftop/carport solar at the Foothills Field
Office, Skyline Field Office, and preserve parking lots and
implement where possible.
E&C
Maximize Energy Efficiency in New and Existing Buildings
F3 Implement energy efficiency upgrades at the Skyline and Foothills
Field Offices, including measures identified in the Ecology Action
Energy Audit.
L&F; E&C
F4 Seek the highest level of energy efficiency and sustainability
possible while planning for the new Administrative Office,
including LEED standard and/or utilizing electric heating to achieve
zero net energy.
E&C
F5 Assess the feasibility of a weekly or biweekly administrative office
closure (compressed schedules or telework on closure day).
L&F; HR
Reduce Solid Waste Generated Through Midpen Operations
F6 Implement office waste reduction measures: restart compost
program, improve recycling, and minimize single-use disposables
at events.
L&F
F7 Study characterization of waste generated from maintenance
activities; identify any additional opportunities to reuse or divert
maintenance materials.
L&F
F8 Update waste diversion policy and create contract language to
incentivize contractors to use sustainable practices, such as
reducing solid waste and fuel use, and provide documentation to
Midpen.
E&C; AS
Attachment 2
Climate Action Plan | October 2018 | page 20
Tenant Residences
Midpen owns 40 homes that are leased to employees, agricultural tenants, and members of the public.
Emissions from tenant residences come from electricity use and heating. Heating fuels used in residences
include natural gas, wood, and propane. While residences contribute a small portion to the total inventory—
12% in 2016—there are opportunities to reduce greenhouse gas emissions and particulate matter. Switching
residences from wood-fired heating to gas or preferably electric heating would have a positive impact on
local air quality because burning wood releases harmful particulate matter into the air. Midpen can also
reduce emissions by encouraging residents to purchase renewable electricity and increasing energy
efficiency.
GOALS, TARGETS, AND KEY PERFORMANCE INDICATORS
TENANT RESIDENCES GOAL BASELINE
(2016)
TARGET
(2030)
TARGET
(2050)
Reduce tenant residences emissions 40% by 2030, 80% by 2050 185
(MTCO2e)
111
(MTCO2e)
37
(MTCO2e)
Tenant Residences Indicators
Percent of tenant residences using electric heat (%) 32%
Percent of tenants purchasing highest renewable option from utility
(%)
0%
STRATEGIES AND ACTIONS
TENANT RESIDENCES STRATEGIES AND ACTIONS LEAD
DEPARTMENT
TIMEFRAME
Move Towards 100% Renewable Electricity for Residences
R1 Encourage residents to purchase 100% renewable electricity .
Assess viability of requiring as leases are renewed.
L&F
R2 Assess the feasibility of rooftop solar on residences, including
leasing or power purchasing agreements.
L&F; E&C
Increase Energy Efficiency
R3 Make basic energy efficiency upgrades such as installing weather
stripping, LED lighting, and double-paned windows.
L&F
R4 Assess the viability of more significant energy efficiency
improvements such as heat pumps and insulation.
L&F
Mover Towards Cleaner Heat Sources
R5 Reduce woodstove use by installing or upgrading gas or preferably
electric heating in homes with woodstoves.
L&F
Improve Data and Guidance for Decision-Making
R6 Ask tenants to share PG&E bills and other heat expenses with
Midpen to improve data and GHG monitoring.
L&F
R7 Create guidelines to incorporate sustainability into decisions about
residence improvements.
L&F
Attachment 2
Climate Action Plan | October 2018 | page 21
Education and Outreach
By taking steps to reduce GHG emissions internally,
Midpen will serve as a model and inspire the broader
community, visitors, and partner organizations to
take action on climate change. Therefore,
communicating the importance of climate change
and what actionable steps individuals and
organizations can take to reduce their impact is a key
priority. Increasing awareness and action on climate
change both internally and in the broader community
will help Midpen be a leader on climate change.
Internal education will help build momentum to
implement the Climate Action Plan and enable staff
and docents to communicate climate change effectively with the public. Educating visitors on climate change
can influence their behavior within Midpen preserves and in their homes. Midpen has a unique opportunity
as an environmental agency to reach thousands of visitors with credible messages about climate change.
Midpen has already taken steps to engage staff and visitors about climate change by:
Creating a climate change page for the Midpen website.
Providing the first ever climate change training session for docents.
Partnering with Save the Redwoods League to develop a “Redwood Ecology and Climate Change”
environmental education field learning program for high school students.
Developing a draft climate change communications plan.
Participating in climate change forums and initiatives such as California Climate Action Planning
Conference, California Adaptation Forum, Global Climate Action Summit, Golden Gate National Parks
Sustainability Summit, Adapting to Rising Tides, and SeaChange San Mateo County.
GOALS, TARGETS, AND KEY PERFORMANCE INDICATORS
EDUCATION AND OUTREACH GOAL
BASELINE
(2016)
TARGET
(2030)
TARGET
(2050)
Increase staff and visitor awareness and action on climate change
Education and Outreach Indicators
Number of staff engaged through the Green Team or internal newsletter N/A
Number of docents and other volunteers trained to discuss climate
change
N/A
Number of press releases/newsletters/social media posts on climate
change
N/A
Attachment 2
Climate Action Plan | October 2018 | page 22
STRATEGIES AND ACTIONS
EDUCATION AND OUTREACH STRATEGIES AND ACTIONS LEAD
DEPARTMENT
TIMEFRAME
Improve Internal Capacity to Address Climate Change
E1 Establish a Midpen Green Team to implement the Climate Action
Plan and continue improving sustainability efforts.
NR
E2 Improve internal communication about climate change through
an intranet page and newsletter on Midpen action, regional news,
and resources for staff to improve their sustainability at home.
NR
Educate Visitors and the Community About Climate Change
E3 Provide training on climate change content and communication
techniques to volunteers, rangers, and public affairs staff.
NR; VS
E4 Incorporate climate change into docent-led interpretative
activities and Public Affairs outreach events and materials.
Encourage visitors to reduce their GHG emissions with messaging
on tangible actions.
VS; PA
E5 Use Climate Action Plan actions as demonstration projects to
highlight via press releases, social media posts, informal visitor
interactions, and signage (when project is in a public area).
PA; VS
Participate and Play a Leadership Role in Regional and State Efforts
E6 Support and influence regional and state climate change-related
policies and funding allocations.
PA; AS
E7 Support and participate in regional climate change initiatives,
conferences, and general community of practice.
NR; PA
E8 Foster partnerships to respond to climate change collaboratively
and seek opportunities to share information with other agencies.
NR; PA
E9 Seek grant opportunities to fund implementation of Climate
Action Plan, carbon sequestration, and natural resource resilience
efforts.
AS
Attachment 2
Climate Action Plan | October 2018 | page 23
Implementation and Monitoring
The Climate Action Plan identifies a suite of actions that Midpen can implement to reach its goal of reducing
emissions 40% by 2030. The Climate Action Plan will be implemented through the annual Capital
Improvement and Action Plan (CIAP) and Budget process. Each year, implementation actions will be selected
based on Board-approved prioritization criteria. Annual prioritization and selection will allow Midpen to
adapt to changes and advances in technologies, climate change response options, and funding opportunities.
The selected actions and any associated funding will be subject to review by the General Manager’s Office
and approval by the Board. Departments will incorporate implementation actions for each fiscal year into
their budget requests and resource loading for staff time.
Prioritization criteria for annual selection of CAP implementation actions are as follows:
Greenhouse gas reduction effectiveness
Cost
Cost-effectiveness
Availability of external funds, such as grants or rebates
Operational impacts (for example, vehicle/equipment replacements need to be balanced with
operational demands of off-road patrol and maintenance)
Staff capacity
Ease of implementation
Ability to leverage other ongoing programs or projects for economy of scale
Co-benefits to the public, staff, and environment
Consistency with Measure AA, Vision Plan, Strategic Plan, and other Midpen goals and priorities
Public feedback and requests
To track progress on implementing the Climate
Action Plan and reducing administrative GHG
emissions in line with Midpen’s climate goals,
staff will conduct a regular GHG Inventory
approximately every two years and report
findings to the Board. In addition to the key
metric of GHG reduction, tracking and
reporting should also include relevant
indicators identified in the Climate Action Plan
to illuminate underlying trends contributing to
progress or challenges. These climate change
response efforts will evolve over time as
operations and solutions change, so monitoring
approaches should be flexible and focused on collecting meaningful information that will help Midpen reach
its climate change goals. The Climate Action Plan should be updated between 2025 and 2030 to assess
progress and identify new strategies in pursuit of Midpen’s goal of reducing emissions 80% below baseline by
2050. Managing and tracking the implementation of the Climate Action Plan is estimated to take
approximately 0.5 of a full time equivalent (FTE) staff position.
Attachment 2
Climate Action Plan | October 2018 | page 24
Finally, the baseline GHG Inventory identified a number of areas where data was lacking or unavailable.
Future GHG Inventory updates should strive to improve data quality to give more confidence to estimates of
GHG emissions and GHG reduction strategies. Recommendations to improve data quality are as follows:
VEHICLE FLEET, EQUIPMENT, AND BUSINESS TRAVEL
Institute tracking of annual fuel use and mileage by vehicle
Create system for tracking business travel – capture all flights in one GL or through manual reporting,
improve consistency of which GL is used for mileage reimbursement, scan all travel credit card receipts so
flights/rental cars/gas can be parsed out
EMPLOYEE COMMUTE
Conduct regular employee commute survey with each GHG Inventory update that collects data on
commute miles, office location, transportation mode by # days per week, telework/compressed schedule
Institute tracking for number of employees participating in telework and compressed schedule options
FACILITIES
Waste characterization study of field office solid waste from maintenance activities
TENANT RESIDENCES
Request PG&E bills or data from tenants
Request information on participation in community choice energy options from tenants
Request other data on heating costs (e.g. quantity of firewood) from tenants
OTHER DATA GAPS
Continue to seek livestock emissions factor data specific to California rangelands
Assess carbon sequestration in grazed and ungrazed rangelands to determine grazing effect on soil carbon
Determine visitor transportation emissions baseline using data on number of visitors (from car counters)
and visitor origin (from preserve use survey)
Collect data on contractor solid waste (could come from Waste Management Plan required by county)
If possible, collect data on contractor fuel use
Collect data on volunteer transportation to work sites
Incorporate full materials lifecycle analysis as methodology becomes more accessible
Attachment 2
Climate Action Plan | October 2018 | page 25
Carbon Sequestration, Adaptation, and Resilience
Even if global greenhouse gas emissions stopped today, some
amount of climate change is inevitable, and climate change impacts
can already be observed on Bay Area natural resources and
communities. Understanding and preparing for these impacts is
referred to as climate adaptation. Midpen’s goal in managing lands
in a changing climate is to promote the resilience of natural
resources to climate change impacts.
Climate change impacts have already been observed locally in the
Golden Gate National Parks:4
Increase in average annual temperatures of 1.2 °C (2.2 °F)
between 1960 and 2010
Northern shifts in winter bird ranges of 0.5 km (0.3 mi) per
year between 1975 and 2004
Upward shifts in elevation for 12% of endemic species and
27% of non-native species between the periods of 1895-
1970 and 1971-2009
Sea level rise of 22 cm (9 in) from 1854 to 2016
Decrease in coastal fog by 33% between the periods of
1901-1925 and 1951-2008
Increase in heavy storms by 25% between the periods of
1901-1960 and 1991-2000
Human-caused climate change accounted for 10-20% of the
2012-2014 drought
Climate was the dominant factor controlling the extent of
wildfire burn areas between 1916 and 2003, even during
periods of active fire suppression
While adapting to climate change impacts and increasing the
resilience of natural resources is outside the scope of the Climate
Action Plan, this work falls under the broader umbrella of Midpen’s
Climate Change Program.
CARBON SEQUESTRATION
Progress to-date focused on a preliminary assessment of baseline carbon sequestration and storage in
Midpen lands. Carbon sequestration is a related but distinct concept to climate mitigation (reducing
emissions) and adaptation (preparing for impacts). Carbon sequestration removes carbon from the
atmosphere and stores it in plant biomass and soils, functionally helping to reduce emissions. It is important
to note that current levels of carbon sequestration in Midpen lands are considered a baseline, and to qualify
for carbon offsets Midpen would need to undertake projects or acquisitions resulting in additional carbon
4 Patrick Gonzalez, Ph.D. “Climate Change in the National Parks of the San Francisco Bay Area, California, USA.”
National Park Service and University of California, Berkeley, 2016.
KEY TERMS
Climate mitigation: Actions that reduce
greenhouse gas emissions, which contribute to
climate change
Climate adaptation: Actions that increase the
ability to withstand, respond to, or cope with
climate change impacts
Climate resilience: The capacity of ecosystems
to withstand and bounce back from climate
stress and hazardous events
Carbon sequestration: Process by which
carbon dioxide is moved from the atmosphere
into other stores, such as plants and soils
Carbon store: Semi-permanent biological
reservoir of carbon, such as plants and soils
Attachment 2
Climate Action Plan | October 2018 | page 26
sequestration. Creating carbon offsets to sell would require a more rigorous baseline assessment and
verification of additional carbon sequestration. The assessment described below is intended to provide a
general order of magnitude of Midpen’s carbon sequestration to inform the direction of future work.
In 2018, GIS staff used plant biomass data from
the LANDFIRE data set, provided by the
California Air Resources Board, and soil carbon
data from the Natural Resources Conservation
Service to conduct a preliminary assessment of
baseline carbon storage and sequestration in
Midpen lands. This assessment was a
conservative estimate because complete data
was not available. The assessment found that
Midpen lands store, or hold in a semi-
permanent biological reservoir, about 372
MTCO2e per acre in plant biomass and soils, for
a total of 23 million MTCO2e across all
preserves. This semi-permanent store of carbon is best thought of as potential emissions that could be
released through wildfire or development. The assessment also found that Midpen lands sequester, or take
in through photosynthesis, about 1 MTCO2e per acre per year for a total of 61,000 MTCO2e per year across
all preserves. This ongoing movement of carbon from the atmosphere to plant biomass is best thought of as
emissions being removed from the atmosphere. Sequestration data was not available for many vegetation
types, leading to a known underestimate. While Midpen lands take in far more carbon than is emitted by
Midpen operations each year, open space preserves act as a breathing lung for the entire region. The
residents within Midpen’s jurisdictional boundary produce about 8 million MTCO 2e every year,5 which means
that Midpen lands take in less than 1% of Midpen residents’ GHG emissions. Combining Midpen lands with
all other open space lands within Midpen’s jurisdictional boundary, regional carbon sequestration only takes
in 3% of regional emissions. This finding underscores the need to significantly reduce GHG emissions as an
agency and contribute to community and regional efforts to mitigate climate change.
5 “Greenhouse Gas Emission Inventory.” California Air Resources Board, 2018.
Attachment 2
Climate Action Plan | October 2018 | page 27
This finding is consistent with a recent study by The Nature Conservancy that found that maximizing land
conservation and stewardship across the globe could “provide 37% of cost-effective CO2 mitigation needed
through 2030” to meet the goals of the Paris Climate Agreement.6 Both land-based carbon sequestration and
storage and ambitious efforts to significantly reduce GHG emissions are needed to prevent catastrophic
climate change.
Carbon sequestration is an important ecosystem service Midpen can incorporate as it balances managing
land for multiple benefits. Actions that increase carbon sequestration, such as restoring forests or riparian
areas, may also help prepare for climate impacts and increase resilience. Midpen can also take steps to
prevent the release of landscape carbon from catastrophic wildfire, such as fuel reduction and prescribed
burns. Refining Midpen’s data on landscape carbon, using that information in planning and decision-making,
and implementing projects to increase carbon sequestration are key climate action priorities.
ADAPTATION AND RESILIENCE
Going forward, adaptation and resilience efforts will focus on assessing the vulnerability of natural resources
to climate change, identifying land management strategies to increase resilience, continuing biological
monitoring, and implementing restoration projects. This work is closely tied to much of what the Natural
Resources Department manages, including prescribed and wildland fire, forest restoration, special status
species, integrated pest management, and ongoing monitoring and restoration.
6 “Natural Climate Solutions.” Proceedings of the National Academy of Sciences, October 2017.
Attachment 2
Climate Action Plan | October 2018 | page 28
Glossary
DEPARTMENTS/DIVISIONS
AS: Administrative Services
E&C: Engineering and Construction
HR: Human Resources
IST: Information Systems and Technology
L&F: Land and Facilities
NR: Natural Resources
PA: Public Affairs
PL: Planning
VS: Visitor Services
OFFICE FACILITIES
AO: Administrative Office
CAO: Coastal Area Office
FFO: Foothills Field Office
SAO: South Area Office
SFO: Skyline Field Office
CLIMATE CHANGE TERMINOLOGY
Administrative emissions/administrative scope: Midpen emissions from administration and
operations (vehicles, equipment, business travel, employee commute, facilities, and tenant
residences) for which Midpen is setting a quantitative GHG reduction goal
Carbon sequestration: Process by which carbon dioxide is moved from the atmosphere into other
stores, such as plants and soils
Carbon store: Semi-permanent biological reservoir of carbon, such as plants and soils
Climate adaptation: Actions that increase the ability to withstand, respond to, or cope with climate
change impacts
Climate mitigation: Actions that reduce greenhouse gas emissions, which contribute to climate
change
Climate resilience: The capacity of ecosystems to withstand and bounce back from climate stress
and hazardous events
Greenhouse gas (GHG): Climate change-causing gases such as carbon dioxide, methane, and nitrous
oxide, named for the warming “greenhouse effect” they have on the atmosphere by absorbing
infrared radiation
Metric ton of carbon dioxide equivalent (MTCO2e): Standard unit of measurement for greenhouse
gases
Attachment 2
Climate Action Plan | October 2018 | page 29
Appendix 1: Non-Administrative Emissions – Livestock & Visitor Transportation
In addition to the administrative GHG emissions discussed in the Climate Action Plan, there are also non-
administrative GHG emissions related to Midpen activities but that Midpen has less control over, such as
livestock and visitor transportation to preserves. Livestock emissions are not included in the administrative
scope because livestock serve a very different function than vehicles and facilities, provide community
benefits, and exist within a complex biological system. Likewise, visitor transportation emissions are not
included in the administrative scope because Midpen has limited control over visitor transportation.
These sectors represent opportunities for
additional analysis to identify strategies to
reduce emissions above and beyond Midpen’s
administrative GHG reduction goals. Initial
strategies to reduce or offset emissions are
described in the following sections. An emissions
baseline of 876 MTCO2e in 2016 was determined
for livestock. However, emissions are highly
variable across cattle depending on region, diet,
age, weight, and other factors. The
Intergovernmental Panel on Climate Change
estimates that the uncertainty for cattle emissions factors is between ± 20% and ± 50%.7 Therefore, refining
data on livestock emissions and associated carbon sequestration in grazed areas is a recommendation in the
Climate Action Plan. A visitor transportation emissions baseline has not been established, but the necessary
data is available and establishing a baseline is a recommendation in the Climate Action Plan.
NON-ADMINISTRATIVE EMISSIONS GOALS BASELINE
(2016)
TARGET
(2030)
TARGET
(2050)
Reduce or offset livestock emissions and enhance soil carbon
sequestration
876
(MTCO2e)
N/A N/A
Reduce visitor transportation emissions Establish
baseline
N/A N/A
Livestock
Midpen uses conservation grazing to manage fuel (flammable vegetation) for fire protection, enhance the
diversity of native plants and animals, help sustain the local agricultural economy, and foster the region's
rural heritage. As part of the Coastside Protection Area Service Plan, Midpen has committed to conserving
open space and agricultural land, preserving agricultural operations on the coast, and encouraging viable
agricultural use of Midpen-owned lands. Currently, Midpen has tenants grazing about 400 cattle on 10,800
acres. One grazing tenant also keeps other livestock, such as horses, sheep, pigs, and chickens; however, the
majority of grazing livestock are cattle.
7 “IPCC Good Practice Guidance and Uncertainty Management in National Greenhouse Gas Inventories.”
Intergovernmental Panel on Climate Change, 2006.
ADMINISTRATIVE GHG EMISSIONS 2016 BASELINE (MTCO2E)
Vehicle Fleet, Equipment, Business Travel 676
Employee Commute 463
Facilities 197
Tenant Residences 185
NON-ADMINISTRATIVE GHG EMISSIONS 2016 BASELINE (MTCO2E)
Livestock 876
Visitor Transportation TBD
Attachment 2
Climate Action Plan | October 2018 | page 30
Ruminant animals like cattle produce and release
methane when they digest grass. Methane is a
strong greenhouse gas that has almost thirty times
the impact of carbon dioxide on the atmosphere.
While there are few opportunities to change the
quantities of methane that rangeland cattle
release, Midpen will ensure the grazing program is
meeting land management objectives and work to
maximize the carbon sequestration potential of
rangeland. Point Blue Conservation Science
suggests that “methane production be
acknowledged as an intrinsic trade-off to beef
production that may be justified by the role cattle
play as a means to manage and protect
rangelands.”8
Livestock emissions are excluded from the
administrative scope for the GHG Inventory and
GHG reduction goals because livestock serve a very different function than vehicles and facilities, provide
community benefits, and exist within a complex biological system. The effect of cattle grazing on soil carbon
varies widely depending on the grazing regime. While conventional commercial grazing can result in a net
loss of soil carbon, prescribed grazing can increase soil carbon, perhaps even enough to offset some portion
of the cattle’s methane emissions
from digestion.9 There are also a
number of land management
strategies to increase carbon
sequestration in grazed areas, such as
applying compost amendments and
restoring stream habitat.10 Key next
steps for addressing livestock
emissions include gaining a better
understanding of current carbon
sequestration and the impact of the
current grazing regime, and assessing
the viability of land management
practices to increase carbon
sequestration.
8 “Methane Emissions from Livestock.” Point Blue Conservation Science Issue Brief, 2018.
9 “Methane Emissions from Livestock.” Point Blue Conservation Science Issue Brief, 2018.
10 “Carbon and Greenhouse Gas Evaluation for NRCS Conservation Practice Planning.” Natural Resources
Conservation Service, 2018.
Livestock GHG Emissions Breakdown
Attachment 2
Climate Action Plan | October 2018 | page 31
Midpen has already taken steps to reduce livestock emissions by:
Conducting ongoing monitoring of vegetation and environmental quality in grazed areas to ensure
grazing practices are in compliance with prescribed grazing plans.
Meeting with partners at TomKat Ranch and San Mateo Resource Conservation District for initial
talks on developing a carbon farm plan and projects to increase soil carbon sequestration.
GOALS, TARGETS, AND KEY PERFORMANCE INDICATORS
LIVESTOCK GOAL BASELINE
(2016)
TARGET
(2030)
TARGET
(2050)
Reduce livestock emissions and enhance soil carbon sequestration 876
(MTCO2e)
N/A N/A
Livestock Indicators
Number of animals with high enteric emissions (year-round equivalent
cattle, excluding calves on milk)
374
Number of animals with low enteric emissions (year -round equivalent
horses, sheep, pigs, goats, alpacas, donkeys)
177
Annual additional landscape carbon sequestration due to grazing
(MTCO2e)
Establish
baseline
Percent of annual livestock emissions offset by carbon sequestration
projects (%)
0%
STRATEGIES AND ACTIONS
LIVESTOCK STRATEGIES AND ACTIONS LEAD
DEPARTMENT
TIMEFRAME
Maximize Soil Carbon Sequestration and Storage
L1 Assess current carbon sequestration in grazed and ungrazed
rangelands to determine effect of grazing on soil carbon.
NR
L2 Partner with San Mateo Resource Conservation District to develop
carbon farm plan.
NR; L&F
L3 Implement carbon sequestration projects identified in carbon farm
plan.
NR; L&F
Ensure Grazing Program is Attaining Land Management Objectives
L4 Continue monitoring grazing impact on invasive species and fuel
reduction objectives.
NR
L5 Where agricultural sustainability is not a leading factor, assess
alternative grassland management techniques such as mowing,
prescribed burns, and use of other livestock such as goats.
NR
Attachment 2
Climate Action Plan | October 2018 | page 32
Visitor Transportation
Emissions associated with visitor transportation were not included in the baseline greenhouse gas inventory,
so strategies in this sector include establishing an emissions baseline. Visitor travel is likely a large source of
emissions over which Midpen has minimal influence. However, Midpen can support the use of alternative
transportation through infrastructure and education. Midpen can also address inequity in communities’
access to open space by increasing transportation options for people who do not own cars. Increasing access
to Midpen preserves via biking, walking, and transit will benefit Midpen’s climate efforts as well as
community health.
Midpen has already taken steps to reduce visitor transportation emissions by:
Initiating Rancho San Antonio Carrying Capacity and Multimodal Access Study to engage stakeholders
and partner agencies in exploring non-motorized mobility, transit options, and parking alternatives.
Installing visitor use counters at 13 locations in 2017 to collect data on preserve visitation.
Conducting preserve use survey in 2017 that included questions on transportation.
Providing bike racks at preserve parking lots.
GOALS, TARGETS, AND KEY PERFORMANCE INDICATORS
VISITOR TRANSPORTATION GOAL
BASELIN
E (2016)
TARGET
(2030)
TARGET
(2050)
Reduce visitor transportation emissions Establish
baseline
Visitor Transportation Indicators
Total visitor miles to and from preserves (miles) Establish
baseline
Percent of visitor trips made via transit, bike, or electric vehicle (%) Establish
baseline
STRATEGIES AND ACTIONS
VISITOR TRANSPORTATION STRATEGIES AND ACTIONS LEAD
DEPARTMENT
TIMEFRAME
Collect Data on Visitor Transportation
T1 Establish visitor transportation emissions baseline. NR
T2 Complete Rancho San Antonio Carrying Capacity and Multimodal
Access Study, implement results, and identify relevant findings that
could be applied to other preserves.
PL
Increase Visitor Use of Electric Vehicles, Bikes, and Public Transit
T3 Install electric vehicle chargers at preserve parking lots. L&F
T4 Install bike racks at preserves without racks where bikes are allowed. L&F
T5 Partner with San Mateo County Parks to identify lessons learned
from their parks shuttle pilot project.
PL
Attachment 2
Climate Action Plan | October 2018 | page 33
Appendix 2: Full Strategies and Actions List by Sector
VEHICLE, EQUIPMENT, & BUSINESS TRAVEL STRATEGIES AND ACTIONS LEAD
DEPARTMENT
TIMEFRAME
Increase Electric and Alternative Fuel Vehicles and Equipment
V1 Switch fuel tanks to renewable diesel. L&F
V2 Track technology development for hybrid, electric, or alternative
fuel trucks. When a viable option comes on the market, acquire and
test one truck as a pilot project.
L&F; VS
V3 Install electric vehicle chargers at all field offices. L&F
V4 Acquire and test new electric equipment as technology develops.
Update Maintenance Operations Manual to provide guidance to
choose electric maintenance equipment when tasks allows.
L&F
V5 As administrative vehicles are up for replacement, replace with
electric or hybrid vehicles wherever possible.
L&F
V6 Purchase one hybrid or long-range electric vehicle for each field
office for highway/town travel and on-road maintenance projects.
L&F
Increase Vehicle Fuel Economy
V7 Evaluate fire response program and assess feasibility of alternative
fire response models with lower emissions, such as acquiring brush
trucks and downsizing F350s (e.g. City of Palo Alto).
VS; L&F
V8 Update Maintenance Operations Manual to provide guidance to
choose most fuel efficient vehicle possible for task.
L&F
Increase Use of Alternative Electric Transportation Options
V9 Acquire and test electric bikes, motorcycles, ATVs, or mules as
technology develops. Stage electric transportation equipment at
preserves to enable use.
L&F; VS
V10 Expand ranger patrols on electric bikes, motorcycles, ATVs, or
mules. Update Ranger Operations Manual to encourage this option
and provide guidance.
VS
V11 Update Maintenance Operations Manual to provide guidance to
use electric transportation equipment to get to/from project site
when tasks allows.
L&F
Reduce Vehicle Miles Driven
V12 Evaluate patrol and maintenance circulation routes to identify
mileage reduction opportunities.
VS; L&F
V13 Minimize driving to meetings and trainings through
teleconferencing technology and efficient scheduling.
IST
Purchase Carbon Offsets for Flights
V14 Purchase carbon offsets for flights. AS
Attachment 2
Climate Action Plan | October 2018 | page 34
EMPLOYEE COMMUTE STRATEGIES AND ACTIONS LEAD
DEPARTMENT
TIMEFRAME
Reduce the Number of Commute Days
C1 Expand and encourage telecommuting. HR; IST
C2 Expand and encourage compressed work schedules. HR; VS; L&F
C3 Assess the feasibility of a weekly or biweekly administrative office
closure (compressed schedules or telework on closure day).
L&F; HR
Incentivize and Enable Low-Emissions Commute Modes
C4 Create an incentive for employees commuting via carpool, public
transit, bike, or walking.
HR
C5 Install electric vehicle chargers at all field offices. L&F
C6 Create intranet page with commute resources and carpool
database.
HR
C7 Offer competitive pricing for employee electric vehicle charging. AS
C8 Assess opportunities to partner with local employee shuttles (e.g.,
Chariot, San Mateo County, and tech companies).
HR
C9 Create a guaranteed ride home safeguard to reimburse an
employee’s taxi or rideshare ride home in case of personal
emergency or illness.
HR
Reduce Commute Distances
C10 Pilot project to allow administrative employees to work out of the
new South Area Office two days per week.
L&F
C11 Assess the feasibility of acquiring more Midpen-owned housing. PL
FACILITIES STRATEGIES AND ACTIONS LEAD
DEPARTMENT
TIMEFRAME
Move Towards 100% Renewable Electricity for All Midpen Facilities
F1 Purchase 100% renewable electricity for Midpen facilities. L&F
F2 Assess the feasibility of rooftop/carport solar at the Foothills Field
Office, Skyline Field Office, and preserve parking lots and
implement where possible.
E&C
Maximize Energy Efficiency in New and Existing Buildings
F3 Implement energy efficiency upgrades at the Skyline and Foothills
Field Offices, including measures identified in the Ecology Action
Energy Audit.
L&F; E&C
F4 Seek the highest level of energy efficiency and sustainability
possible while planning for the new Administrative Office,
including LEED standard and/or utilizing electric heating to achieve
zero net energy.
E&C
F5 Assess the feasibility of a weekly or biweekly administrative office
closure (compressed schedules or telework on closure day).
L&F; HR
Reduce Solid Waste Generated Through Midpen Operations
Attachment 2
Climate Action Plan | October 2018 | page 35
F6 Implement office waste reduction measures: restart compost
program, improve recycling, and minimize single-use disposables
at events.
L&F
F7 Study characterization of waste generated from maintenance
activities; identify any additional opportunities to reuse or divert
maintenance materials.
L&F
F8 Update waste diversion policy and create contract language to
incentivize contractors to use sustainable practices, such as
reducing solid waste and fuel use, and provide documentation to
Midpen.
E&C; AS
TENANT RESIDENCES STRATEGIES AND ACTIONS LEAD
DEPARTMENT
TIMEFRAME
Move Towards 100% Renewable Electricity for Residences
R1 Encourage residents to purchase 100% renewable electricity .
Assess viability of requiring as leases are renewed.
L&F
R2 Assess the feasibility of rooftop solar on residences, including
leasing or power purchasing agreements.
L&F; E&C
Increase Energy Efficiency
R3 Make basic energy efficiency upgrades such as installing weather
stripping, LED lighting, and double-paned windows.
L&F
R4 Assess the viability of more significant energy efficiency
improvements such as heat pumps and insulation.
L&F
Mover Towards Cleaner Heat Sources
R5 Reduce woodstove use by installing or upgrading gas or preferably
electric heating in homes with woodstoves.
L&F
Improve Data and Guidance for Decision-Making
R6 Ask tenants to share PG&E bills and other heat expenses with
Midpen to improve data and GHG monitoring.
L&F
R7 Create guidelines to incorporate sustainability into decisions about
residence improvements.
L&F
EDUCATION AND OUTREACH STRATEGIES AND ACTIONS LEAD
DEPARTMENT
TIMEFRAME
Improve Internal Capacity to Address Climate Change
E1 Establish a Midpen Green Team to implement the Climate Action
Plan and continue improving sustainability efforts.
NR
E2 Improve internal communication about climate change through an
intranet page and newsletter on Midpen action, regional news,
and resources for staff to improve their sustainability at home.
NR
Educate Visitors and the Community About Climate Change
E3 Provide training on climate change content and communication
techniques to volunteers, rangers, and public affairs staff.
NR; VS
E4 Incorporate climate change into docent-led interpretative activities
and Public Affairs outreach events and materials. Encourage
VS; PA
Attachment 2
Climate Action Plan | October 2018 | page 36
visitors to reduce their GHG emissions with messaging on tangible
actions.
E5 Use Climate Action Plan actions as demonstration projects to
highlight via press releases, social media posts, informal visitor
interactions, and signage (when project is in a public area).
PA; VS
Participate and Play a Leadership Role in Regional and State Efforts
E6 Support and influence regional and state climate change-related
policies and funding allocations.
PA; AS
E7 Support and participate in regional climate change initiatives,
conferences, and general community of practice.
NR; PA
E8 Foster partnerships to respond to climate change collaboratively
and seek opportunities to share information with other agencies.
NR; PA
E9 Seek grant opportunities to fund implementation of Climate Action
Plan, carbon sequestration, and natural resource resilience efforts.
AS
LIVESTOCK STRATEGIES AND ACTIONS LEAD
DEPARTMENT
TIMEFRAME
Maximize Soil Carbon Sequestration and Storage
L1 Assess current carbon sequestration in grazed and ungrazed
rangelands to determine effect of grazing on soil carbon.
NR
L2 Partner with San Mateo Resource Conservation District to develop
carbon farm plan.
NR; L&F
L3 Implement carbon sequestration projects identified in carbon farm
plan.
NR; L&F
Ensure Grazing Program is Attaining Land Management Objectives
L4 Continue monitoring grazing impact on invasive species and fuel
reduction objectives.
NR
L5 Where agricultural sustainability is not a leading factor, assess
alternative grassland management techniques such as mowing,
prescribed burns, and use of other livestock such as goats.
NR
VISITOR TRANSPORTATION STRATEGIES AND ACTIONS LEAD
DEPARTMENT
TIMEFRAME
Collect Data on Visitor Transportation
T1 Establish visitor transportation emissions baseline. NR
T2 Complete Rancho San Antonio Carrying Capacity and Multimodal
Access Study, implement results, and identify relevant findings
that could be applied to other preserves.
PL
Increase Visitor Use of Electric Vehicles, Bikes, and Public Transit
T3 Install electric vehicle chargers at preserve parking lots. L&F
T4 Install bike racks at preserves without racks where bikes are
allowed.
L&F
T5 Partner with San Mateo County Parks to identify lessons learned
from their parks shuttle pilot project.
PL
Attachment 2
Climate Action Plan | October 2018 | page 37
Appendix 3: Full Strategies and Actions List by Department
LAND AND FACILITIES ACTIONS LEAD
DEPARTMENT
TIMEFRAME
Complete
V1 Switch fuel tanks to renewable diesel. L&F
Ongoing
C2 Expand and encourage compressed work schedules. HR; VS; L&F
F6 Implement office waste reduction measures: restart compost
program, improve recycling, and minimize single-use disposables
at events.
L&F
V5 As administrative vehicles are up for replacement, replace with
electric or hybrid vehicles wherever possible.
L&F
Short-Term
C5/
V3
Install electric vehicle chargers at all field offices. L&F
F1 Purchase 100% renewable electricity for Midpen facilities. L&F
F3 Implement energy efficiency upgrades at the Skyline and Foothills
Field Offices, including measures identified in the Ecology Action
Energy Audit.
L&F; E&C
L2 Partner with San Mateo Resource Conservation District to develop
carbon farm plan.
NR; L&F
R1 Encourage residents to purchase 100% renewable electricity .
Assess viability of requiring as leases are renewed.
L&F
R6 Ask tenants to share PG&E bills and other heat expenses with
Midpen to improve data and GHG monitoring.
L&F
T3 Install electric vehicle chargers at preserve parking lots. L&F
V2 Track technology development for hybrid, electric, or alternative
fuel trucks. When a viable option comes on the market, acquire
and test one truck as a pilot project.
L&F; VS
V7 Evaluate fire response program and assess feasibility of alternative
fire response models with lower emissions, such as acquiring
brush trucks and downsizing F350s (e.g. City of Palo Alto).
VS; L&F
V9 Acquire and test electric bikes, motorcycles, ATVs, or mules as
technology develops. Stage electric transportation equipment at
preserves to enable use.
L&F; VS
Medium-Term
C10 Pilot project to allow administrative employees to work out of the
new South Area Office two days per week.
L&F
F7 Study characterization of waste generated from maintenance
activities; identify any additional opportunities to reuse or divert
maintenance materials.
L&F
L3 Implement carbon sequestration projects identified in carbon farm
plan.
NR; L&F
Attachment 2
Climate Action Plan | October 2018 | page 38
R2 Assess the feasibility of rooftop solar on residences, including
leasing or power purchasing agreements.
L&F; E&C
R3 Make basic energy efficiency upgrades such as installing weather
stripping, LED lighting, and double-paned windows.
L&F
T4 Install bike racks at preserves without racks where bikes are
allowed.
L&F
V4 Acquire and test new electric equipment as technology develops.
Update Maintenance Operations Manual to provide guidance to
choose electric maintenance equipment when tasks allows.
L&F
V8 Update Maintenance Operations Manual to provide guidance to
choose most fuel efficient vehicle possible for task.
L&F
V11 Update Maintenance Operations Manual to provide guidance to
use electric transportation equipment to get to/from project site
when tasks allows.
L&F
V12 Evaluate patrol and maintenance circulation routes to identify
mileage reduction opportunities.
VS; L&F
Long-Term
C3/
F5
Assess the feasibility of a weekly or biweekly administrative office
closure (compressed schedules or telework on closure day).
L&F; HR
R4 Assess the viability of more significant energy efficiency
improvements such as heat pumps and insulation.
L&F
R5 Reduce woodstove use by installing or upgrading gas or preferably
electric heating in homes with woodstoves.
L&F
R7 Create guidelines to incorporate sustainability into decisions about
residence improvements.
L&F
V6 Purchase one hybrid or long-range electric vehicle for each field
office for highway/town travel and on-road maintenance projects.
L&F
NATURAL RESOURCES ACTIONS LEAD
DEPARTMENT
TIMEFRAME
Ongoing
E1 Establish a Midpen Green Team to implement the Climate Action
Plan and continue improving sustainability efforts.
NR
E3 Provide training on climate change content and communication
techniques to volunteers, rangers, and public affairs staff.
NR; VS
E7 Support and participate in regional climate change initiatives,
conferences, and general community of practice.
NR; PA
E8 Foster partnerships to respond to climate change collaboratively
and seek opportunities to share information with other agencies.
NR; PA
L4 Continue monitoring grazing impact on invasive species and fuel
reduction objectives.
NR
T1 Establish visitor transportation emissions baseline. NR
Short-Term
E2 Improve internal communication about climate change through
an intranet page and newsletter on Midpen action, regional news,
and resources for staff to improve their sustainability at home.
NR
Attachment 2
Climate Action Plan | October 2018 | page 39
L1 Assess current carbon sequestration in grazed and ungrazed
rangelands to determine effect of grazing on soil carbon.
NR
L2 Partner with San Mateo Resource Conservation District to develop
carbon farm plan.
NR; L&F
Medium-Term
L3 Implement carbon sequestration projects identified in carbon
farm plan.
NR; L&F
L5 Where agricultural sustainability is not a leading factor, assess
alternative grassland management techniques such as mowing,
prescribed burns, and use of other livestock such as goats.
NR
VISITOR SERVICES ACTIONS LEAD
DEPARTMENT
TIMEFRAME
Ongoing
C2 Expand and encourage compressed work schedules. HR; VS; L&F
E3 Provide training on climate change content and communication
techniques to docents, rangers, and public affairs staff.
NR; VS
E4 Incorporate climate change into docent-led interpretative
activities and Public Affairs outreach events and materials.
Encourage visitors to reduce their GHG emissions with messaging
on tangible actions.
VS; PA
Short-Term
V2 Track technology development for hybrid, electric, or alternative
fuel trucks. When a viable option comes on the market, acquire
and test one truck as a pilot project.
L&F; VS
V7 Evaluate fire response program and assess feasibility of
alternative fire response models with lower emissions, such as
acquiring brush trucks and downsizing F350s (e.g. City of Palo
Alto).
VS; L&F
V9 Acquire and test electric bikes, motorcycles, ATVs, or mules as
technology develops. Stage electric transportation equipment at
preserves to enable use.
L&F; VS
Medium-Term
E5 Use Climate Action Plan actions as demonstration projects to
highlight via press releases, social media posts, informal visitor
interactions, and signage (when project is in a public area).
PA; VS
V10 Expand ranger patrols on electric bikes, motorcycles, ATVs, or
mules. Update Ranger Operations Manual to encourage this
option and provide guidance.
VS
V12 Evaluate patrol and maintenance circulation routes to identify
mileage reduction opportunities.
VS; L&F
HUMAN RESOURCES ACTIONS LEAD
DEPARTMENT
TIMEFRAME
Ongoing
Attachment 2
Climate Action Plan | October 2018 | page 40
C1 Expand and encourage telecommuting. HR; IST
C2 Expand and encourage compressed work schedules. HR; VS; L&F
Short-Term
C4 Create an incentive for employees commuting via carpool, public
transit, bike, or walking.
HR
C6 Create intranet page with commute resources and carpool
database.
HR
C9 Create a guaranteed ride home safeguard to reimburse an
employee’s taxi or rideshare ride home in case of personal
emergency or illness.
HR
Long-Term
C3/
F5
Assess the feasibility of a weekly or biweekly administrative office
closure (compressed schedules or telework on closure day).
L&F; HR
C8 Assess opportunities to partner with local employee shuttles (e.g.,
Chariot, San Mateo County, and tech companies).
HR
ENGINEERING AND CONSTRUCTION ACTIONS LEAD
DEPARTMENT
TIMEFRAME
Short-Term
F3 Implement energy efficiency upgrades at the Skyline and Foothills
Field Offices, including measures identified in the Ecology Action
Energy Audit.
L&F; E&C
F4 Seek the highest level of energy efficiency and sustainability
possible while planning for the new Administrative Office,
including LEED standard and/or utilizing electric heating to
achieve zero net energy.
E&C
Medium-Term
F2 Assess the feasibility of rooftop/carport solar at the Foothills Field
Office, Skyline Field Office, and preserve parking lots and
implement where possible.
E&C
F8 Update waste diversion policy and create contract language to
incentivize contractors to use sustainable practices, such as
reducing solid waste and fuel use, and provide documentation to
Midpen.
E&C; AS
R2 Assess the feasibility of rooftop solar on residences, including
leasing or power purchasing agreements.
L&F; E&C
ADMINISTRATIVE SERVICES ACTIONS LEAD
DEPARTMENT
TIMEFRAME
Ongoing
E6 Support and influence regional and state climate change-related
policies and funding allocations.
PA; AS
Short-Term
C7 Offer competitive pricing for employee electric vehicle charging. AS
Attachment 2
Climate Action Plan | October 2018 | page 41
E9 Seek grant opportunities to fund implementation of Climate
Action Plan, carbon sequestration, and resilience efforts.
AS
V14 Purchase carbon offsets for flights. AS
Medium-Term
F8 Update waste diversion policy and create contract language to
incentivize contractors to use sustainable practices, such as
reducing solid waste and fuel use, and provide documentation.
E&C; AS
PUBLIC AFFAIRS ACTIONS LEAD
DEPARTMENT
TIMEFRAME
Ongoing
E4 Incorporate climate change into docent-led interpretative
activities and Public Affairs outreach events and materials.
Encourage visitors to reduce their GHG emissions with messaging
on tangible actions.
VS; PA
E6 Support and influence regional and state climate change-related
policies and funding allocations.
PA; AS
E7 Support and participate in regional climate change initiatives,
conferences, and general community of practice.
NR; PA
E8 Foster partnerships to respond to climate change collaboratively
and seek opportunities to share information with other agencies.
NR; PA
Medium-Term
E5 Use Climate Action Plan actions as demonstration projects to
highlight via press releases, social media posts, informal visitor
interactions, and signage (when project is in a public area).
PA; VS
PLANNING ACTIONS LEAD
DEPARTMENT
TIMEFRAME
Ongoing
T2 Complete Rancho San Antonio Carrying Capacity and Multimodal
Access Study, implement results, and identify relevant findings
that could be applied to other preserves.
PL
Long-Term
C11 Assess the feasibility of acquiring more Midpen-owned housing. PL
T5 Partner with San Mateo County Parks to identify lessons learned
from their parks shuttle pilot project.
PL
INFORMATION SYSTEMS AND TECHNOLOGY ACTIONS LEAD
DEPARTMENT
TIMEFRAME
Ongoing
C1 Expand and encourage telecommuting. HR; IST
V13 Minimize driving to meetings and trainings through
teleconferencing technology and efficient scheduling.
IST
Attachment 2
Climate Action Plan | October 2018 | page 42
Appendix 4: Full List of Performance Indicators
VEHICLE, EQUIPMENT, & BUSINESS TRAVEL INDICATORS BASELINE (2016)
Average vehicle fuel economy (miles per gallon) 15.6
Total fleet vehicle miles traveled (miles, WEX cards only) 883,713
Proportion of equipment that is powered by renewable fuel or electricity (%) 0%
Annual miles flown for business travel (miles) 50,000
EMPLOYEE COMMUTE INDICATORS BASELINE (2016)
Total drive alone employee vehicle miles traveled (miles) 1,350,784
Percent of employees who always drive alone to work (%) 83%
Percent of employees who work a compressed 9/80 schedule (%) 32%
Percent of administrative employees who telecommute regularly (%) 9%
FACILITIES INDICATORS BASELINE (2016)
Administrative office electricity use per square foot (annual kWh/SQFT) 11.34
Field office average electricity use per square foot (annual kWh/SQFT) 5.37
Percent of electricity from renewable sources (%) 33%
Solid waste diversion rate (% diverted) 34%
TENANT RESIDENCES INDICATORS BASELINE (2016)
Percent of tenant residences using electric heat (%) 32%
Percent of tenants purchasing highest renewable option from utility (%) 0%
EDUCATION AND OUTREACH INDICATORS
BASELINE (2016)
Number of staff engaged through the Green Team or internal newsletter N/A
Number of docents and other volunteers trained to discuss climate change N/A
Number of press releases/newsletters/social media posts on climate change N/A
LIVESTOCK INDICATORS BASELINE (2016)
Number of animals with high enteric emissions (year-round equivalent cattle,
excluding calves on milk)
374
Number of animals with low enteric emissions (year-round equivalent horses, sheep,
pigs, goats, alpacas, donkeys)
177
Annual additional landscape carbon sequestration due to grazing (MTCO2e) Establish
baseline
Percent of annual livestock emissions offset by carbon sequestration pr ojects (%) 0%
VISITOR TRANSPORTATION INDICATORS
BASELINE (2016)
Total visitor miles to and from preserves (miles) Establish
baseline
Percent of visitor trips made via transit, bike, or electric vehicle (%) Establish
baseline
Attachment 2
Rev. 1/3/18
R-18-115
Meeting 18-35
October 10, 2018
AGENDA ITEM 8
AGENDA ITEM
Options to Fill a Vacancy Resulting from the Resignation of Director Cecily Harris
GENERAL MANAGER’S RECOMMENDATIONS
1. Determine whether to fill the Ward 7 Board Director vacancy for the term ending January 4,
2021 by either appointment or special election.
2. If filling the Ward 7 vacancy by appointment, approve the following recruitment procedure
for the Ward 7 vacancy:
a) Approve the application form;
b) Affirm or modify the general criteria for appointment to the Board of Directors;
c) Affirm or modify the procedures for interviews; and
d) Approve the proposed timeline for filling the vacancy.
3. If filling the Ward 7 vacancy by special election, adopt the appropriate resolutions calling the
special election and requesting consolidation of elections and election services from the San
Mateo County Registrar of Voters.
4. Authorize the Board President to appoint Board members to fill the vacancies on the
following committees: Planning and Natural Resources, Board Appointee Evaluation, and
Legislative, Funding and Public Affairs Committees.
SUMMARY
On September 26, 2018, Director Cecily Harris announced her resignation from the Board of
Directors, Ward 7, effective October 11, 2018. State law provides that once a vacancy occurs, the
Board of Directors must fill the vacancy within 60 days by either appointing a replacement or
calling a special election. The deadline to take action to fill this Ward 7 vacancy is Monday,
December 10, 2018.
DISCUSSION
On September 26, 2018, Director Cecily Harris representing Ward 7 announced her intention to
resign from the Midpeninsula Regional Open Space District (District) Board of Directors,
effective October 11, 2018. Ward 7 includes the cities of El Granada, Half Moon Bay, Montara,
Moss Beach, San Carlos, and portions of Redwood City and Woodside (Attachment 1). Due to
Director Harris’s resignation, the Board of Directors (Board) needs to determine how to fill the
remainder of her elected term, which expires in January of 2021.
R-18-115 Page 2
California Government Code section 1780 describes the requirements for the filling of vacancies
for an elected board within 60 days from the effective date of the vacancy. The remaining
members of the Board may determine to do one of the following: 1) fill the vacancy by
appointment; or 2) call a special election to fill the vacancy. The deadline to take action to fill the
vacancy is Monday, December 10, 2018. If the remaining members of the Board fail to take
action by this date, the San Mateo County Board of Supervisors has the opportunity to appoint a
successor. State law also requires that a person, whether elected or appointed, who wishes to
serve on the Board, be a resident of the ward they would represent and a registered voter.
Filling the Vacancy by Appointment
Should the remaining members of the Board wish to appoint an applicant to fill the vacancy, the
Board must make the appointment by December 10, 2018. A notice of the vacancy must be
posted in at least three places in the District, at least fifteen days before the appointment is made.
A notice must also be published in the newspaper at least ten days prior to close of the
application period. The person appointed to fill the vacancy will hold office until January 4,
2021. Other than the required notices, there is no required legal procedure for interviewing and
appointing a person. The Board may adopt such criteria and procedures as the Board sees fit for
this process.
The Board has used the following recruitment process in the past to fill prior Board vacancies.
1) Application Form: The form requests contact information, including the residential
voting address, and asks open-ended questions about past community experience, interest
in and goals desired for the District, preserve activities of interest and concern, issues
affecting the District, and personal background. (Attachment 2).
2) General criteria for appointment to the Board of Directors: The Board adopted the
attached criteria (Attachment 3) at its October 11, 2000 Board meeting. If supported by
the Board, staff would distribute a copy of the criteria to all Ward 7 applicants.
3) Procedure for Interviews: The procedures include two rounds of interviews and describes
the order of candidate appearance, sets time allotments for opening statements, questions,
and final statements, and instructs the casting of votes and the appointment of the
selected candidate (Attachment 4).
4) Publishing Notice of the Vacancy: Government Code Section 1780 requires the posting
of a notice of vacancy in three or more places in the District at least fifteen days before
the appointment is made. Although not required by law, the Board by resolution has
required that notices of recruitment for applicants to fill a Board vacancy be published in
local newspapers. Staff would post the notice accordingly in the San Mateo County
Times and Half Moon Bay Review, as well as publish the notices in other appropriate
newspapers. In addition, the District would send a letter signed by the Board President to
elected officials whose electoral areas encompass Ward 7. The letter would announce the
vacancy and invite them to suggest individuals who might be interested in serving as
Director of Ward 7.
If the vacancy is filled by appointment, the Board will need to set the deadline for submitting an
application and the dates for the first and second rounds of public interviews. A recommended
schedule is attached (Attachment 5) for Board consideration.
R-18-115 Page 3
Filling the Vacancy by Special Election
California Elections Code section 1000 identifies the regularly established election dates, the
next of which is March 5, 2019. The San Mateo County Registrar of Voters indicates that there
are no other offices, initiatives, or measures slated for the March 5, 2019 election, which would
result in a “stand-alone” election for the District. The District may contract with the Registrar of
Voters to conduct this stand-alone election and would be responsible for the full cost of
conducting the election. The Registrar of Voters has submitted an estimate of approximately
$414,000, which could vary based on the number of registered voters at the time of the election.
The deadline for calling the election is October 26, 2018.
If the remaining members of the Board decide to fill the vacancy through a special election, it
may appoint an individual to fill the vacancy until the special election is held. If the Board
selects this course of action, it must call a special election before the deadline, and subsequently
may make an interim appointment.
Board Committee Vacancies
With the upcoming resignation of Director Harris, there will exist a vacant position on each of
the following Board standing committees: Planning and Natural Resources; Board Appointee
Evaluation; and Legislative, Funding, and Public Affairs. The Board Policy on Committees
(1.04) states that the Board President appoints Board members to annual Standing Committees
and to represent the District on outside bodies, with the consent of the Board. In order to avoid a
potential lack of quorum for future committee meetings prior to new committee appointments in
January 2019, the General Manager recommends Board authorization for the Board President to
fill the committee vacancies from among the remaining Board members. Attached is a list of
current committee appointments (Attachment 6).
FISCAL IMPACT
If the Board determines that the Ward 7 Board vacancy is to be filled by a special election, the
San Mateo County Registrar of Voters has estimated that the cost for such a special election
would be approximately $414,000.
If the Board determines that the current vacancy be filled by appointment, the cost to publish the
Notice of Vacancy in various local newspapers is approximately $2,000. No other fiscal impact
of appointment is anticipated.
BOARD COMMITTEE REVIEW
A committee did not previously review this item. Due to the short timeline for filling the
vacancy, this item is brought directly to the full Board of Directors.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
This item is not a project subject to the California Environmental Quality Act.
R-18-115 Page 4
NEXT STEPS
Following the Board’s decision to fill the Ward 7 vacancy by either appointment or special
election, the District Clerk will take the corresponding necessary steps outlined above.
Next steps for Appointment: The Board will need to approve a recruitment process and establish
a timetable for filling the vacancy. Once the Board determines these factors, District staff will
post the notice of vacancy and publish the notice in newspapers as soon as possible and well in
advance of the timelines required under state law. The District Clerk will also set at least two
special Board meetings to hold public applicant interviews. An appointee will represent Ward 7
on the Board until January 4, 2021.
Next steps for Election: The Board would adopt a resolution calling the election in San Mateo
County (Attachment 7). The District Clerk will work with the San Mateo County Elections
Office to provide the necessary documentation and fees for the election.
Attachments
1. Map of Ward 7
2. Application Form.
3. Criteria for appointment to the Board of Directors
4. Procedure for Interviews of Board appointees
5. Schedule for Appointment of Director in Ward 7
6. 2018 Board Committee Assignments
7. Resolution Calling a Special Election in San Mateo County
Responsible Department Head:
Ana Maria Ruiz, General Manager
Prepared by:
Jennifer Woodworth, District Clerk/ Assistant to the General Manager
W i n d y H i l l
Arastradero
Preserve
E l C o r t e d eMadera C r e e k
Stanford
Lands
Jasper
Ridge
Wunderlich
Park
CA Water
Service
T e a g u e
H i l l
T u n i t a s
C r e e k
P u r i s i m a
C r e e k
R e d w o o d s
Huddart Park
(San Mateo County)
P u l g a s
R i d g e
M i r a m o n t e s
R i d g e
Burleigh H. Murray
Ranch State ParkJohnston Ranch
POST
Madonna Creek
Ranch POST
Purisima
Farms
35
35
35
35
92
92
1
1
84
101
82
280
280
82Rancho Corral
de Tierra
POST
Montara
State Park
R E D W O O D C I T Y
S A N T A C L A R A
C O U N T Y
1
Jefferson
T u nita s C r e e k
Valota
Stockbridge
R o osevelt
S aint Fra n cis Stafford
S A N M A T E O
C O U N T Y
A L A M E D A
C O U N T Y
Felt Lake
Lagunita
Searsville Lake
Bear
Gulch
Reservoir
R E D W O O D C I T Y
F O S T E R C I T Y
S A N M A T E O
W O O D S I D E
M E N L O P A R K
P A C I F I C A
B E L M O N T
A T H E R T O N
S A N C A R L O S
B U R L I N G A M E
H I L L S B O R O U G H
H A L F M O O N B A Y
M I L L B R A E
P O R T O L A V A L L E Y
E A S T P A L O A L T O
S A N B R U N O
W O O D S I D E
L O S A L T O S H I L L S
U N I N C O R P O R A T E D
U N I N C O R P O R A T E D
S A N M A T E O C O U N T Y
U N I N C O R P O R A T E D
Path: G:\Projects\$Districtwide\Redistricting2011\A_ProposedScenario\mxd\approved_ward_maps\approved_ward_7.mxd
Created By: aroa
While the District
strives to use the
best available
digital data, this
data does not
represent a legal
survey and is
merely a graphic
illustration of
geographic
features.
Midpeninsula Regional
Open Space District
October, 2011
0 21
Miles
(MROSD)
W A R D 7
Pacific
Ocean
S.F.
Bay
SanJosePacific
Ocean 6
1
7
2
5 4 3
PACIFIC O
C
E
A
N
MROSD Conservation
or Agricultural Easement
Ward 7 Boundary
MROSD Open
Space Preserve
Other Protected Open
Space or Park Lands
Land Trust
Other Public Agency
Watershed Land
Private Property
Management Agreement
City Limit
County Boundary
MROSD Boundary
Attachment 2
APPLICATION FOR DIRECTOR – Ward 7
Name
Residential Voting Address
Daytime Telephone Evening Telephone
Fax Email
Please list your community activities and/or work experience
_
Please indicate why you are interested in serving as Director of the Midpeninsula Regional Open
Space District Board of Directors, and what are your goals for the District for the next 10 years?
Attachment 2
What level and types of activities do you favor on District preserves? What activities do you
oppose?
What do you see as the major issues of the District today and in the next few years? Discuss.
Please list any additional information about yourself which you would like to include (hobbies,
education, family, etc.)
Signature of Applicant Date of Applicant
Note: All applications will be made available for public inspection. You may use additional sheets
to answer questions.
Attachment 3
GENERAL CRITERIA FOR APPOINTMENT TO BOARD OF DIRECTORS
1. Wants the job!
2. Involvement in, or awareness of, local government functions and operations
3. Some knowledge or awareness of finance and budget issues
4. Knowledge of and exposure to community service activities
5. Interest, time and energy to give to the job
6. Sense of humor
7. Flexibility
8. Sensitivity to the community
9. Ability to work in a team setting
10. Knowledge and awareness of what is going on in the District
11. Not single-issue oriented
12. Breadth of awareness of, and outlook on, kinds of issues District faces
13. Knowledge of how District fits into the greater region
14. Ability to bring strength to and complement current Board, and add a different
dimension to the Board
15. Comfortable with public speaking and working with groups
16. Ability to make decisions for the good of the District in the face of political
pressure.
17. Dedicated to the preservation of open space
Attachment 4
PROCEDURES FOR INTERVIEWS
First Round
1. Order of appearance of applicants established in a random drawing of names.
2. Each candidate is allotted up to five minutes for opening statement and a minimum of
three minutes for clarifying questions by the Board.
3. Round-robin questioning by Board members of applicants for a maximum of 30
minutes. Random drawing for order of appearance for final statements.
4. Board recess for 10 minutes.
5. Each applicant will have two minutes maximum for a final statement.
6. Each Board member casts a signed ballot for up to six top choices for second round
interviews.
7. Clerk keeps ballots for later public inspection.
8. Voting tallied and announced by District Clerk.
9. The field will be narrowed for the second round to half of the original number of
applicants, but at most four, based upon the candidates receiving the most votes.
Second Round
1. Random drawing for order of appearance.
2. Each finalist allotted 20 minutes for answering questions posed by the Board.
3. Random drawing for order of appearance for final statements.
4. 10 minute recess.
5. Each finalist will get five minutes for summary.
6. Each Board member casts a signed ballot for his or her choice of appointment.
7. Voting tallied and announced by District Clerk.
8. District Clerk keeps ballots for later public inspection.
9. If no candidate receives four votes, there will be additional votes on the full list of
finalists until a candidate receives four votes.
10. Board adopts resolution naming appointment to fill the office.
Absence of candidates from interviews – The Board will consider the written application and
supplementary information provided by candidates who cannot attend one or both sessions.
Proposed Schedule for Appointment of Ward 7 Director of
Midpeninsula Regional Open Space District
October 10, 2018 Board meets to determine whether to fill the
vacancy by appointment or special election
October 11, 2018 Effective date of Ward 7 vacancy
October 11-17, 2018 Press release announcing District’s intent to
fill Ward 7 vacancy by appointment
Posting of notice at least 15 days before
appointment is made of District’s intent to fill
vacancy
Publishing of vacancy notice and intent to fill
by appointment in San Jose Mercury News,
San Mateo Daily Journal, Half Moon Bay
Review, and The Almanac
November 9, 2018 Deadline for receipt of applications for Ward
7 (3 week application period)
November 15, 2018 Special Board Meeting, if needed, for the
purpose of screening applications if more than
ten applications are received. Applications
will be screened to select no more than eight
candidates to be interviewed.
November 20, 2018 Special Meeting: Initial interviews for Ward 7
applicants
November 27, 2018 Special Meeting: Final Interview for Ward 7
applicants
Appointment of new Ward 7 Director
Adoption of Appointment Resolution
Swearing in of New Director
December 10, 2018 Last day to fill position by appointment
Attachment 5
BOARD OFFICERS – 2018
President – Jed Cyr Vice-President – Cecily Harris
Treasurer – Curt Riffle Secretary – Yoriko Kishimoto
BOARD COMMITTEE ASSIGNMENTS – 2018
Action Plan and Budget
• Director Curt Riffle (Treasurer)
• Director Pete Siemens
• Director Yoriko Kishimoto
Legislative, Funding, and Public Affairs
• Director Nonette Hanko
• Director Cecily Harris
• Director Larry Hassett
Planning and Natural Resources
• Director Cecily Harris
• Director Larry Hassett
• Director Pete Siemens
Real Property
• Director Yoriko Kishimoto
• Director Nonette Hanko
• Director Jed Cyr
Board Appointee Evaluation
• Director Jed Cyr (President)
• Director Cecily Harris (Vice-President)
• Director Curt Riffle
MROSD Financing Authority
• President Jed Cyr, Chairperson
• Director Cecily Harris, Member
• Director Larry Hassett, Member
• Director Curt Riffle, Member
• Supervisor Joseph Simitian, Representative
from Santa Clara County Board of
Supervisors
• Ana Ruiz, Executive Director
• Mike Foster, Controller
• Jennifer Woodworth, Secretary
Board Appointee Representatives
CALJPIA Representative
• President Jed Cyr
Santa Clara Special Districts Association
• Director Pete Siemens
Santa Clara Valley Water District Water
Commission
• Yoriko Kishimoto, Representative
• Jed Cyr, Alternate
Attachment 6
Resolutions/2018/R-18-___Calling Special Election_Ward 7 1
RESOLUTION NO. 18-__
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CALLING A
SPECIAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2019 FOR
THE PURPOSE OF FILLING THE VACANCY IN WARD 7 FOR THE
UNEXPIRED TERM, REQUESTING AND CONSENTING TO
CONSOLIDATION OF ELECTIONS – SAN MATEO COUNTY
WHEREAS, on September 26, 2018, Ward 7 Director Cecily Harris, submitted her
resignation from the Board of Directors, effective October 11, 2018; and
WHEREAS, the current term for Director Harris’s seat is scheduled to expire in January
2021; and
WHEREAS, California Government Code Section 1780 requires the Board of Directors
to make an appointment or call a special election within 60 days of the occurrence of the
vacancy; and
WHEREAS, California Government Code Section 1780 dictates that if a special election
is called, the election shall be held on the next established election date that is 130 or more days
after the Board calls election; and
WHEREAS, the next established election date pursuant to California Elections Code
section 1000 is March 5, 2019, which is 146 days after the effective date of the vacancy; and
WHEREAS, consistent with California Government Code 1780, the Board of Directors
desires to call a special election to fill the vacant Board seat for Ward 7 for the remainder of
Director Harris’s term; and
WHEREAS, the Board of Directors desires to have the San Mateo County Registrar of
Voters render services in connection with the Special election.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Midpeninsula Regional Open Space District calls for a special election to be held on March 5,
2019, and requests the Board of Supervisors of San Mateo County to completely consolidate
such elections and to further provide that the Registrar of Voters canvass the returns of the
election, including:
1. Pursuant to Public Resources Code Sections 5530 and 5533, the Board of Directors of the
Midpeninsula Regional Open Space District does call an election in the District for the
election of one member of the Board of Directors of the District, for a short term to fill the
remaining term of Ward 7, which will expire in January 2021.
2. The District Clerk is authorized, instructed, and directed to coordinate with the County of
San Mateo Registrar of Voters to procure and furnish any and all official ballots, notices,
Attachment 7
Resolutions/2018/R-18-___Calling Special Election_Ward 7 2
printed matter and all supplies, equipment and paraphernalia that may be necessary in order
to properly and lawfully conduct the election.
3. The polls for the election shall be open at 7:00 a.m. of the day of the election and shall
remain open continuously from that time to 8:00 p.m. of the same day when the polls shall be
closed.
4. Pursuant to the requirements of Part 3 (Consolidation of Elections; §§10400 et seq.) of
Division 10 of the Elections Code, the Board of Directors hereby requests the governing
body of any other political subdivision, or any officer otherwise authorized by law, to
partially or completely consolidate such elections, and to further provide that, upon
consolidation, the consolidated election shall be held and conducted, election officers
appointed, voting precincts designated, ballots printed, polls opened and closed, ballots
opened and returned, returns canvassed, and all other proceedings in connection with the
election shall be regulated and done by any body or official authorized to perform such
functions and canvass the returns of the elections; and that this Board of Directors consents
to such consolidation.
5. The Registrar of Voters Office of San Mateo County is hereby authorized and instructed to
canvass the returns of said election for the office of members of the Board of Directors of the
Midpeninsula Regional Open Space District and is requested to certify the results of said
election to the Board of Directors of the District.
6. The Board of Directors further requests, pursuant to Election Code Section 10002, that
County election official(s) be authorized to render services to the District relating to the
conduct of said election. The election shall be held in all respects as if there were only one
election, and only one form of ballot shall be used. The Midpeninsula Regional Open Space
District’s Special Election will be held and conducted in accordance with the provisions of
law regulating the statewide or special election.
7. Pursuant to Sections 10509 and 13307 of the Elections Code, each candidate for elective
office to be voted for at the Special Election on March 5, 2019, may prepare a candidate
statement on an appropriate form provided by the District Clerk. The statement may include
the name, age, and occupation of the candidate, and a brief description of no more than 200
words of the candidate’s education and qualifications expressed by the candidate himself or
herself. The statement shall not include party affiliation of the candidate, nor membership
or activity in partisan political organizations. The statement shall be filed with the District
Clerk at the time the candidate’s nomination papers are filed. The statement may be
withdrawn, but not changed, during the period for filing nomination papers and until 5:00
p.m. of the next working day after the close of the nomination period. Candidates shall not
be permitted to submit materials other than the candidate's statement with the sample ballot
and the voter's pamphlet.
8. Pursuant to Board Policy 1.07 Board Elections, in those wards where two or more
candidates have qualified to appear on the ballot, a candidate may file a candidate’s
statement, not exceeding 200 words. The District will pay for the cost of the statements,
and, if required by the respective county, translations of candidates’ statements pursuant to
the Elections Code of the State of California, and no such candidate shall be billed for
availing himself or herself of these services.
Attachment 7
Resolutions/2018/R-18-___Calling Special Election_Ward 7 3
9. That pursuant to Section 10522 of the Elections Code of the State of California, a current map
showing the boundaries of the district and the boundaries of the divisions of the district is herewith
submitted.
10. That pursuant to Sections 10551 and 15651 of the Elections Code of the State of California, the
method of determining the winner or winners in the event of a tie vote shall be by lot.
11. The General Manager of the District is hereby authorized to reimburse the County in full for
the services performed upon presentation of a bill to the District.
12. The District Clerk is hereby directed to submit a certified copy of this Resolution to the
Board of Supervisors of San Mateo County, and to appropriate County election officials of
said County.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on _______, 2018, at a Regular Meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Secretary
Board of Directors
President
Board of Directors
APPROVED AS TO FORM:
General Counsel
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the
above is a true and correct copy of a resolution duly adopted by the Board of Directors of the
Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and
called on the above day.
District Clerk
Attachment 7
1
DATE: October 10, 2018
MEMO TO: Board of Directors
THROUGH: Ana Ruiz, General Manager
FROM: Jay Lin, Engineering and Construction Department Manager
Felipe Nistal, Senior Capital Project Manager
SUBJECT: Administrative Office Remodel Project Update
SUMMARY
On September 25 and 26, 2018, the Administrative Office (AO) Ad Hoc Committee met with staff
to review and prioritize the AO project goals and program elements, and review the proposed
public outreach plan. On September 26, 2018, staff distributed the list of project goals and program
elements as prioritized by the Committee to all Board members for their input as well.
Additionally, Noll & Tam Architects conducted department interviews on October 1 and 2, 2018
to confirm the departmental program elements identified as part of the 2017 MKThink report.
On October 17, 2018, the Ad Hoc Committee and staff will review Noll & Tam’s design
progress and participate in a design charrette with the architects. The charrette will focus on the
design approach taking into account the current budget, the prioritized project goals and program
elements, and departmental space needs.
Staff will return to the Board on October 24, 2018 for consideration and approval of the
prioritized project goals and program elements and the proposed public outreach plan.
DISCUSSION
Prioritization of Project Goals and Program Elements
Staff held a project kick-off meeting with Noll & Tam Architects on September 5, 2018. During
that meeting, Noll & Tam discussed the projected construction cost based on the list of project
goals and program elements, the design sketches provided in the proposal, and the current
construction market. Based on current information, the construction cost is projected to be $16
to $18 million, greater than the $10 million estimate included in the three-year capital
improvement plan (CIP). The $10 million number is based on a per square footage standard
remodel cost of $250.00 per square foot. This estimate does not account for significant work
related to: Americans with Disabilities Act (ADA) improvements; heating, ventilation and air
2
conditioning (HVAC) systems replacement; elevator code compliance improvements; front
entrance reconfiguration; pedestrian connection to the public sidewalk; structural improvements
to address spatial and storage needs; or roof waterproofing system replacement, in addition to the
escalating Bay Area construction costs.
Given the recent cost realization, staff worked with the Ad Hoc Committee on September 25 and
26 to prioritize the program elements in order to guide the architect during design to know where
to reduce construction costs. On September 26, Committee input was provided to other Board
members who were asked to also prioritize the program elements.
The Committee’s prioritization list was communicated to Noll & Tam Architects to begin
informing the early design work. Once the remaining Board members have prioritized the project
goals and program elements, this information will also be provided to Noll & Tam. Prioritization
of the program elements, the project timeline, costs of major program elements, and the project
budget will be discussed at the October 17, 2018 Ad Hoc Committee meeting and October 24,
2018 Board meeting.
On September 25, the Ad Hoc Committee requested a new property appraisal for the 330 Distel
Circle property to receive an updated number of the potential proceeds that may be generated
from a sale. The appraisal will inform whether additional funds beyond the current appraisal
estimate of $8 million may be available to augment the construction budget for the 5050 El
Camino office remodel. Staff has initiated the appraisal process and a quote should be ready in
approximately four (4) weeks from the date of this memorandum.
Review Public Outreach Plan
Staff drafted a public outreach plan and presented it to the Ad Hoc Committee on September 25,
2018. The public outreach objective is to engage in proactive outreach to inform District
audiences of the purpose, need, benefits, and progress of the new administrative office,
communicate how the new office helps fulfill the District’s mission with a continued
commitment to fiscal responsibility, and receive and incorporate public feedback where
appropriate.
The Ad Hoc Committee confirmed the content and schedule of the draft public outreach plan,
which sets milestones for public outreach activities until after the close of escrow. Staff will
present the plan to the full Board on October 24, 2018.
Departmental Interviews to Confirm Program Elements.
On October 1 and 2, 2018, Noll & Tam held interviews with each department to review and
confirm departmental space needs and goals as outlined in the December 2017 MKThink report.
Noll & Tam also reviewed and discussed each department’s specialty equipment requirements,
best primary and secondary department adjacencies, and specialized storage needs. The
architects toured each department’s current spaces to assess details not discussed during the
meetings.
Project Schedule and Workplan
The updated table below lists the major project milestones, including items that require
participation by either the Ad Hoc Committee or the full Board.
3
PROJECT SCHEDULE WITH KEY MILESTONES
DATE PROCESS AD HOC FULL
BOARD
9/25/2018 Review and prioritize project goals, program
elements. Review public outreach approach X
10/1 - 10/2/2018 Department interviews to confirm
departmental program elements X
10/10/2018 FYI Memo X
10/17/2018 Design charrette (preliminary layout and
budget) X
10/24/2018 Program elements prioritization, timeline,
budget assessment and public outreach plan X
12/5/2018 Schematic design updates review X
1/2019 Begin public outreach/engagement X
2/13/2019 Full Board Study Session X
3/4 ‐ 3/8/2019 Provide input on Final Schematic Design X
4/24/2018 Full Board Approval of Final Schematic
Design X
###