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Home My Public Portal About20150722 - Agenda Packet - Board of Directors (BOD) - 15-19 REGULAR MEETING BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 Wednesday, July 22, 2015 7:00 PM A G E N D A 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 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 ORDER OF THE DAY • Introduction of Dale Grogan, Capital Project Manager • Presentation by Vide Verde 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 Board Meeting Minutes: July 8, 2015 2. Approve Claims Report 3. Grant Funding Agreement with the County of San Mateo to Complete the San Francisco Bay Trail Connection Project at Ravenswood Open Space Preserve (R-15-105) Staff Contact: Gretchen Laustsen, Planner III, Planning Department Meeting 15-19 General Manager’s Recommendation: Adopt a resolution authorizing the General Manager to execute a funding agreement with the County of San Mateo to implement the San Francisco Bay Trail connection project at Ravenswood Open Space Preserve. 4. Grant Funding Agreement with the Santa Clara Valley Water District for Hendrys Creek Stream Channel Restoration Project at Sierra Azul Open Space Preserve (R-15-108) Staff Contact: Meredith Manning, Senior Planner, Planning Department General Manager’s Recommendation: Adopt a resolution authorizing the General Manager to execute a funding agreement with the Santa Clara Valley Water District to implement the Hendrys Creek Stream Channel Restoration Project at Sierra Azul Open Space Preserve. 5. Change to the District’s Fiscal Year (R-15-104) Staff Contact: Kate Drayson, Administrative Services Manager General Manager’s Recommendation: 1. Adopt a resolution to reset the District’s annual fiscal year to begin July 1 and end June 30. 2. Move appointment of the Action Plan and Budget Committee members to the second regular Board meeting in January, consistent with other Committee appointments. 3. Extend Fiscal Year 2015-16 by three months to end on June 30, 2016. 6. Establishing Fiscal Year 2015-2016 Tax Levy for the Midpeninsula Regional Open Space District’s General Obligation Bonds - Series 2015A and Series 2015B (R-15-109) Staff Contact: Andrew Taylor, Senior Accountant General Manager’s Recommendation: Adopt Resolutions of the Board of Directors of the Midpeninsula Regional Open Space District for each of San Mateo, Santa Clara and Santa Cruz Counties to establish an ad valorem property tax levy of $1.10 per $100,000 (or $0.0011 per $100) in assessed value for the District’s General Obligation Bonds – Series 2015A and Series 2015B (Measure AA). 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. Proposed Purchase of Peninsula Open Space Trust Apple Orchard and Event Center properties located at 6635 La Honda Road, 5711 La Honda Road, and 5460 La Honda Road in the Town of La Honda, in unincorporated San Mateo County (San Mateo County Assessor’s Parcel Numbers 082-130-130, 082-140-010, 082-150-030, 082-150-040, 083-361- 040, 083-361-100), and a Conservation Easement over San Gregorio Creek across portions of San Mateo County Assessor’s Parcel Numbers 82-130-110 and 82-130-120 as additions to La Honda Creek Open Space Preserve. (R-15-101) Staff Contact: Michael Williams, Real Property Manager General Manager’s Recommendation: 1. Determine that the recommended actions as set out in the staff report are categorically exempt from the California Environmental Quality Act. 2. Adopt a resolution authorizing the purchase of the Apple Orchard and Event Center properties and the San Gregorio Creek Conservation Easement from Peninsula Open Space Trust. 3. Accept the continued use of the Event Center Facilities Use Agreement and associated fee schedule until such time as preferred long term uses of the Event Center are identified and either a Site Plan is adopted and/or the La Honda Creek Open Space Preserve Master Plan is amended to fully integrate the subject properties into the Preserve. 4. Adopt the Amended Preliminary Use and Management Plan for the Apple Orchard and Event Center properties, and the Conservation Easement. 5. Authorize the General Manager to execute a Grazing Lease with Wilson Cattle Company for the Apple Orchard Grazing Unit of La Honda Creek Open Space Preserve. 6. Indicate the intention to withhold dedication of the Apple Orchard and Event Center Properties as public open space at this time. 8. Approval of Memorandum of Understanding with Midpeninsula Regional Open Space District Field Employees Association and Approval of Salary and Benefits for the Office, Supervisory, and Management Employees (R-15-110) Staff Contact: Candice Basnight, Human Resources Supervisor 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, 2015, through June 30, 2018. 2. Adopt a resolution approving the Salary and Benefits for the Office, Supervisory, and Management employees, effective July 1, 2015. 3. Approve an update to the District’s Fiscal Year 2015-16 Classification and Compensation Plan. 4. Approve the new “Lead Ranger” classification. 9. Overview of the Seasonal Ranger Program and Approval of the Ranger Aide and Seasonal Ranger Job Classifications (R-15-106) Staff Contact: Gordon Baillie, Management Analyst II, Operations Department General Manager’s Recommendation: 1. Receive an informational report on the Seasonal Ranger Program. 2. Approve the new job classifications for Ranger Aide and Seasonal Ranger 3. Adopt a resolution amending the Classification and Compensation Plan to add the two new job classifications. 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 factual information; request staff to report back 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. A. Committee Reports • July 8, 2015 Real Property Committee Meeting • July 14, 2015 Planning and Natural Resources Committee Meeting B. Staff Reports C. Director Reports ADJOURNMENT 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 July 17, 2015, 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, CMC District Clerk Board Meeting 15-18 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 330 Distel Circle Los Altos, CA 94022 Wednesday, July 8, 2015 DRAFT MINUTES SPECIAL MEETING – CLOSED SESSION CALL TO ORDER President Siemens called the special meeting of the Midpeninsula Regional Open Space District Board of Directors to order at 5:01 p.m. ROLL CALL Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Curt Riffle, and Pete Siemens Members Absent: None Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz, General Counsel Sheryl Schaffner, Real Property Manager Mike Williams, Real Property Senior Agent Allen Ishibashi, Planner III Elish Ryan, Senior Real Property Agent Elaina Cuzick, Public Affairs Manager Shelly Lewis, Operations Manager Michael Newburn, Senior Planner Meredith Manning, Planner II Zachary Alexander ORAL COMMUNICATIONS None. CLOSED SESSION The Board of Directors convened into closed session at 5:01 p.m. in the Long Ridge Conference Room. 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Property: Portions of the following properties identified as Santa Clara County Assessor Parcel Numbers 562-04-014, 562-08-012, 562-22-017 and 562-22-041. Meeting 15-18 Page 2 Agency Negotiator: Allen Ishibashi, Senior Real Property Agent Negotiating Party: Scott McQueen, Michael Rossetta, and Catherine Meyers Under Negotiation: Terms of real property transactions Real Property Senior Agent Allen Ishibashi, Public Affairs Manager Shelly Lewis, Operations Manager Michael Newburn, Senior Planner Meredith Manning, Planner II Zachary Alexander left after Item 1 was discussed at 6:24 p.m. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Property: Peninsula Open Space Trust (Apple Orchard and Event Center) Properties (San Mateo County Assessor Parcel Numbers 082-130-130, 082-140-010, 082-150-030, 082-150-040, 083-361-040, 083-361-100, and portions of 082-130-110 and 082-130-120) Agency Negotiator: Michael Williams, Real Property Manager Negotiating Party: Tricia Suvari, Vice President, Land Transactions, Peninsula Open Space Trust Under Negotiation: Terms of real property transaction All staff members left following Item 2 at 6:49 p.m. 3. CLOSED SESSION: PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code Section 54957(b)(1) Title of Employees: District Controller General Counsel General Manager CLOSED SESSION: CONFERENCE WITH LABOR NEGOTIATORS. Government Code Section 54957.6 Agency designated representatives: Board of Directors Unrepresented Employees: District Controller General Counsel General Manager ADJOURNMENT President Siemens adjourned the Special Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 7:00 p.m. REGULAR MEETING CALL TO ORDER President Siemens called the regular meeting of the Midpeninsula Regional Open Space District to order at 7:05 p.m. President Siemens led the Pledge of Allegiance. President Siemens reported the Board met in closed session, and no reportable action was taken. Meeting 15-18 Page 3 General Counsel Sheryl Schaffner reported that in closed session held on June 16, 2015, the Board of Directors voted unanimously to approve a settlement of potential litigation with ARCADIS, Inc. -- the engineering contractor that designed the original parking lot and related stormwater system at El Corte de Madera. ARCADIS has agreed to the proposed terms and the settlement agreement has been fully executed. Under that agreement, ARCADIS will pay the District $350,000 in exchange for a full release of claims arising from the winter 2012-13 stormwater system failures and related costs of re-design and repairs. This agreement was reached by means of mediation, and fully resolves all issues in the case. Once the check is received, the matter will be final and the file will be closed. The settlement agreement is a public record. ROLL CALL Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Curt Riffle, and Pete Siemens Members Absent: None Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz, General Counsel Sheryl Schaffner, Real Property Manager Mike Williams, Administrative Services Manager Kate Drayson, and District Clerk Jennifer Woodworth ORAL COMMUNICATIONS Cornell Scanlan spoke regarding the District’s indemnification policy related its permitting process for groups organized through social media. General Counsel Sheryl Schaffner described administrative changes that have been implemented in response to Mr. Scanlan’s concerns. ADOPTION OF AGENDA Motion: Director Cyr moved, and Director Riffle seconded the motion to adopt the agenda. VOTE: 7-0-0 CONSENT CALENDAR Director pulled item 5 from the Consent Calendar. 1. Approve June 24, 2015 Board Meeting Minutes. 2. Approve Claims Report 3. Approval of Agreement with City of Mountain View to Provide District Radio Meeting 15-18 Page 4 Dispatch Services (R-15-102) General Manager’s Recommendation: 1. Authorize the General Manager to execute a two year extension of the current agreement with the City of Mountain View to provide District 24 hour radio dispatch services. 2. Authorize the General Manager to approve expenditures for District radio dispatch services by the City of Mountain View in an amount not to exceed $325,878 in Fiscal Years 2015-16 and 2016-17. 4. Approval of Agreement between the City of Mountain View and Midpeninsula Regional Open Space District for the Operation of Deer Hollow Farm and Determination that the Recommended Actions are Exempt from the California Environmental Quality Act (R-15-91) General Manager’s Recommendation: 1. Authorize the General Manager to execute the Agreement with the City of Mountain View for the continued operation of Deer Hollow Farm. 2. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act, as set out in the staff report. 5. Design and Engineering Services Contract for the Mount Umunhum Road Improvement Project (R-15-103) This item was heard after approval of the Consent Calendar. Director Harris inquired whether bicycles will share the roadway with vehicles. Planner II Zachary Alexander explained District staff will be exploring options to mitigate safety concerns with the assistance of the consultant. Senior Planner Meredith Manning explained Mt. Umunhum Road will be brought up to state and county standards where feasible based on the limitations of the landscape. Ms. Manning explained numerous options are being studied to allow for multi-use users. Director Kishimoto requested the following information be included in the record: Currently the Mount Umunhum Environmental Restoration and Public Access Project Draft EIR estimates a peak of 63 two-way vehicle trips on Saturdays after the summit of Mount Umunhum is opened to the public. The road will be engineered to accommodate the estimated visitor levels. Mount Umunhum Road currently has a posted speed limit of 25 mph. Proposed roadway improvements will be engineered to the existing speed limit. Public comment opened at 7:36 p.m. No speakers present. Public comment closed at 7:36 p.m. Meeting 15-18 Page 5 Motion: Director Kishimoto moved and Director Hanko seconded the motion to: 1. Authorize the General Manager to enter into a professional services contract with Pavement Engineering Inc, for an amount of $268,172 to design and engineer roadway safety and drainage improvements on Mount Umunhum Road in Sierra Azul Open Space Preserve. 2. Authorize a 15% contingency of $40,228 to allow, if needed, additional design work due to unforeseen permitting requirements and/or uncovered subsurface issues for a not-to-exceed total contract amount of $308,400. 3. Include in the project objective, design and engineering to require low impact vehicular and bicycle traffic with low impact being defined as a low number of cars and/or speed. VOTE: 7-0-0 Motion: Director Kishimoto moved and Director Hanko seconded the motion to adopt the Consent Calendar, with the exception of Item 5. VOTE: 7-0-0 BOARD BUSINESS 6. Proposed Purchase of the Toepfer Property as an addition to La Honda Creek Open Space Preserve, located on Bear Gulch Road in unincorporated San Mateo County (Assessor’s Parcel Number 072-343-110) (R-15-94) Real Property Manager Mike Williams provided the staff presentation describing the property’s location, geographical features of the area, the site’s history and its resource values. Mr. Williams described the purchase’s relation to Measure AA as part of portfolio five “La Honda Creek: Upper Area Recreation, Habitat Restoration and Conservation Grazing Projects.” Finally, Mr. Williams outlined the purchase terms of the property. Public comments opened at 7:48 p.m. No speakers present. Public comments closed at 7:48 p.m. Motion: Director Hassett moved, and Director Harris seconded the motion to. 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act, as set out in the staff report. 2. Adopt a Resolution authorizing the purchase of the Toepfer property. 3. Adopt a Preliminary Use and Management Plan for the Toepfer property, as set out in the staff report. 4. Indicate the intention to withhold the Toepfer property as public open space. VOTE: 7-0-0 7. Year-End Review of the Fiscal Year 2014-15 District Budget and Expenditures (R- 15-90) Meeting 15-18 Page 6 Administrative Services Manager Kate Drayson provided the staff report summarizing revenues and expenditures for Fiscal Year 2014-15. Ms. Drayson described several categories of District expenditures, including property management, land acquisition, and Hawthorns endowment fund. Public comments opened at 8:00 p.m. No speakers present. Public comments closed at 8:00 p.m. Motion: Director Hanko moved, and Director Kishimoto seconded the motion to accept the year-end review of the Fiscal Year 2014-15 budget and expenditures. VOTE: 7-0-0 INFORMATIONAL REPORTS A. Committee Reports Brief discussion ensued regarding the ongoing need for Committee reports as part of the Board meeting agenda. The Board determined that the Committee reports will continue to be provided by Committee members to allow for other Board members to ask questions. B. Staff Reports Assistant General Manager Ana Ruiz reported District staff is working with an intern from Santa Clara Valley Water District to gather information on agency best practices used throughout the region. General Manager Steve Abbors reported several members of the Board and District staff attended the Santa Clara Valley Authority’s Coyote Valley Open Space Preserve. District staff continues to meet with bond rating agencies to determine the District’s bond rating. Finally, Mr. Abbors reported the Congress Springs Park in Saratoga will be opening this weekend. C. Director Reports The Board members submitted their compensatory reports. ADJOURNMENT President Siemens adjourned the regular meeting at 8:22 p.m. ________________________________ Jennifer Woodworth, CMC District Clerk page 1 of 3 CLAIMS REPORT MEETING 15-19 DATE 07-22-2015 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount Future wire 10578 - OLD REPUBLIC TITLE CO Purchase of POST Apple Orchard & Event Center TBD 5,925,000.00$ Future wire 10578 - OLD REPUBLIC TITLE CO Purchase of Toepfer Property TBD 1,210,000.00$ 69882 11523 - PGA DESIGN, INC.Alma College Site Planning - BCR 07/15/2015 50,243.07$ 69883 11500 - POPULOUS, INC.Bear Creek Master Plan and Stables Plan Project Planning 07/15/2015 37,680.41$ 69877 11533 - NBCUNIVERSAL MEDIA, LLC OpenRoad with D. McConnell: Video segments & airing of District lands and facilities 07/15/2015 25,000.00$ 69842 11432 - SAN MATEO COUNTY RESOURCE CONSERVATION DISTRICT Fisheries Restoration at Event Center - LHC 07/02/2015 20,000.00$ 69878 10775 - NEW WORLD SYSTEMS Milestone Payment - HR Module Implementation 07/15/2015 12,150.00$ 69896 *10216 - VALLEY OIL COMPANY Fuel for District vehicles 07/15/2015 11,342.34$ 69900 10578 - OLD REPUBLIC TITLE CO Escrow deposit for POST/Event Center purchase 07/15/2015 10,000.00$ 69864 11354 - ENVIRONMENTAL SCIENCE ASSOCIATES Redwood Cabin Assessment - LHC 07/15/2015 9,440.40$ 69869 10222 - HERTZ EQUIPMENT RENTAL INC Equipment Rental road restoration -ECdM 07/15/2015 9,314.05$ 69827 10304 - LA HONDA PESCADERO UNIFIED SCHOOL DISTRICT LHPUSD Semi-Annual Installment of Tax Compensatory Fee 07/02/2015 7,659.59$ 69861 10540 - CRAFTSMEN PRINTING Printing of Nature Ctr brochures/Rancho Maps/Business Cardss 07/15/2015 7,560.27$ 69814 11058 - DIAMOND CRANE COMPANY, INC.Windmill overhaul at October Farm - PCR 07/02/2015 7,434.99$ 69823 10043 - HOWARD ROME MARTIN & RIDLEY LLP MROSD vs. Arcadis Legal Consulting 07/02/2015 6,437.07$ 69840 *10124 - ROBERT J. DALOIA Quarterly Principal & Interest Payment - July 10, 2015 07/02/2015 6,192.77$ 69894 11529 - TRAFX RESEARCH LTD Visitation Counters Project 07/15/2015 5,115.00$ 69813 10027 - CRESCO EQUIPMENT RENTALS Excavator Rental -ECdM 07/02/2015 4,374.00$ 69852 11534 - MISSION PICTURES Video Series for outreach and education 07/14/2015 4,000.00$ 69841 11108 - SAN MATEO COUNTY Fire service fee for July 2015 installment 07/02/2015 3,199.14$ 69892 10152 - TADCO SUPPLY Janitorial Supplies (RSACP)07/15/2015 3,089.63$ 69805 10827 - BAY AREA OPEN SPACE COUNCIL Video: partnership b/w Native Amer. & land conservation orgs 07/02/2015 3,000.00$ 69889 10102 - SHUTE, MIHALY & WEINBERGER LLP Legal advice on riparian easement for POST property 07/15/2015 2,868.40$ 69836 10082 - PATSONS MEDIA GROUP Printing of vision plan summary report 07/02/2015 2,671.99$ 69849 *11118 - WEX BANK Fuel for District vehicles 07/02/2015 2,668.61$ 69804 11538 - APPLIED MATERIALS AND ENGINEERING Mt Um Radar Tower Testing and Inspection Work - SAU 07/02/2015 2,220.00$ 69803 11170 - ALEXANDER ATKINS DESIGN, INC.Design of signs, MAA update brochure 07/02/2015 2,100.00$ 69858 11443 - CATERPILLAR FINANCIAL SERVICES CORPORATION Excavator Rental for Mt Umunhum Trail Construction 07/15/2015 2,006.58$ 69832 10073 - NORMAL DATA Permit/Training Database Work 6-2015 07/02/2015 1,912.50$ 69834 10076 - OFFICE TEAM G.M. Office Temporary Help 07/02/2015 1,880.00$ 69880 10076 - OFFICE TEAM G.M. Office Temporary Help 07/15/2015 1,880.00$ 69812 11318 - CONFLUENCE RESTORATION May Vegetation Maintenance at Bald Mtn Staging Area - SAU 07/02/2015 1,875.00$ 69854 *10128 - AMERICAN TOWER CORPORATION Radio repeater site lease 07/15/2015 1,668.00$ 69825 10048 - JAKABY ENGINEERING Engineering final inspection of Methuselah bridge - ECM 07/02/2015 1,582.45$ 69807 11431 - CALIFORNIA ENVIRONMENTAL SERVICES Botanical surveys for Harkins bridge - PCR 07/02/2015 1,497.50$ 69893 10146 - TIRES ON THE GO Tires - Vehicles M12/M24/M76/M38 07/15/2015 1,491.19$ 69866 10174 - FORESTRY SUPPLIERS INC Fire Pumper Parts 07/15/2015 1,247.40$ 69879 10160 - OFFICE DEPOT CREDIT PLAN Office Supplies 07/15/2015 1,234.54$ 69838 10195 - REDWOOD GENERAL TIRE CO INC Vehicle maintenance and repairs -SF0 07/02/2015 1,221.34$ 69898 **10203 - WOODSIDE & PORTOLA PRIVATE PATROL Patrol services for Hawthorn 07/15/2015 1,200.00$ 69811 *10445 - COMMUNICATION & CONTROL INC Radio repeater site lease 07/02/2015 1,172.00$ 69899 11176 - ZORO TOOLS Shop tools/Parts - SFO GENERAL 07/15/2015 1,125.30$ page 2 of 3 CLAIMS REPORT MEETING 15-19 DATE 07-22-2015 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 69862 10030 - D & J Locate septic tank at cottage - PCR/Office - LHC 07/15/2015 1,000.00$ 69843 *10580 - SHARP BUSINESS SYSTEMS Copier Printing 07/02/2015 973.25$ 69895 10403 - UNITED SITE SERVICES INC Santitation Services - RR/FOOSP/SA 07/15/2015 952.35$ 69806 10273 - BRUCE BARTON PUMP SERVICE INC Booster Water Pump - Big Dipper 07/02/2015 933.51$ 69875 10190 - METROMOBILE COMMUNICATIONS 1 portable radio 07/15/2015 904.76$ 69873 10189 - LIFE ASSIST Supplies HR Safety & OPS 07/15/2015 881.04$ 69857 11148 - BALANCE HYDROLOGICS, INC.MROSD vs. Arcadis Litigation Support - ECM 07/15/2015 876.25$ 69897 11190 - VALLEY TREE CARE Tree Removal (ES)07/15/2015 850.00$ 69801 *10120 - ADT SECURITY SERVICES INC Alarm Services -SFO 07/02/2015 841.68$ 69868 10405 - GP SPORTS P03 Motorcycle Service / Repair 07/15/2015 828.54$ 69844 10585 - SOL'S MOBILE SERVICE Vehicle M22 Service / Repair 07/02/2015 773.13$ 69870 10123 - HOME DEPOT CREDIT SERVICES Field Supplies 07/15/2015 749.16$ 69860 10185 - COSTCO Office Supplies 07/15/2015 731.82$ 69865 11151 - FASTENAL COMPANY Methuselah Bridge Hardware -ECdM 07/15/2015 718.92$ 69822 11475 - HEBERT, AARON,AO3 Furniture Parts 07/02/2015 712.19$ 69853 10001 - AARON'S SEPTIC TANK SERVICE Sanitation Services (RSA & DHF)07/15/2015 700.00$ 69867 10187 - GARDENLAND POWER EQUIPMENT Parts for tools -SFO GENERAL 07/15/2015 693.95$ 69888 10136 - SAN JOSE WATER COMPANY Water Service (RSACP)07/15/2015 643.91$ 69837 10140 - PINE CONE LUMBER CO INC Tools -ECdM/Hardware Methuselah Bridge - ECdM 07/02/2015 593.07$ 69876 11536 - MTECH Repair HVAC leak 07/15/2015 580.33$ 69881 10925 - PAPE` MACHINERY Tractor Part / Service 07/15/2015 556.54$ 69851 11176 - ZORO TOOLS Impact resistant gloves/Small Engine Fuel-SFO 07/02/2015 546.71$ 69819 10509 - GEOCON CONSULTANTS INC Mindego Ranch Corral Testing (Ranch Remediation)07/02/2015 540.00$ 69809 10352 - CMK AUTOMOTIVE INC Service - A90/A93/P79 07/02/2015 512.70$ 69871 10051 - JIM DAVIS AUTOMOTIVE Vehicle M24 Service / Repairs 07/15/2015 511.08$ 69826 11497 - KKA ARCHITECTURE PLANNING DESIGN Final drawings for 5755 Alpine Road Repairs - RR 07/02/2015 440.00$ 69824 11535 - JACKSON LEWIS P.C.Legal services-general advice & counsel for month ending 6-12-15 07/02/2015 396.50$ 69885 *10589 - RECOLOGY SOUTH BAY Garbage Service (RSA)07/15/2015 393.93$ 69850 10237 - WILLIAMS, MICHAEL Cell Phone Apr - June 2015/Mileage Reimbursement 07/02/2015 368.56$ 69845 10302 - STEVENS CREEK QUARRY INC Rock for Volunteer Project -SR 07/02/2015 355.44$ 69847 11037 - US HEALTHWORKS MEDICAL GROUP PC Medical Evaluation - HR Dept 07/02/2015 326.00$ 69886 *10093 - RENE HARDOY 06/15 Gardening services 07/15/2015 325.00$ 69863 *10032 - DEL REY BUILDING MAINTENANCE AO Janitorial Supplies / Service 07/15/2015 319.38$ 69839 10324 - RICH VOSS TRUCKING INC Trucking: Volunteer Project-SR 07/02/2015 315.20$ 69828 10189 - LIFE ASSIST Medical pack for new patrol truck 07/02/2015 311.70$ 69830 10369 - MANNING, MEREDITH Cell Phone and Mileage Reimbursement 07/02/2015 306.12$ 69859 10184 - CONTINUING EDUCATION OF THE BAR Subscription Auto Update-CA Civil Procedure CP31702 07/15/2015 292.75$ 69831 10190 - METROMOBILE COMMUNICATIONS Radio Parts 07/02/2015 280.76$ 69802 10593 - ALAMO LIGHTING Light Bulbs 07/02/2015 225.10$ 69821 *10173 - GREEN WASTE Monthly Garbage/ Recycle-SFO 07/02/2015 217.59$ 69815 11455 - DITCH WITCH EQUIPMENT CO., INC.Canycom Mower Repair Part -SFO 07/02/2015 193.91$ 69872 11326 - LEXISNEXIS MATTHEW BENDER Subscription-online service for June 2015 07/15/2015 183.34$ page 3 of 3 CLAIMS REPORT MEETING 15-19 DATE 07-22-2015 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 69808 10014 - CCOI GATE & FENCE Gate Service/Repairs (SAO)07/02/2015 170.00$ 69816 10168 - G & K SERVICES INC Shop Towel Service (FFO & SFO)07/02/2015 151.61$ 69848 *10309 - VERIZON WIRELESS Cell Phone Service 07/02/2015 143.41$ 69856 10010 - ARRANGED4COMFORT Ergonomic Arm Rests 07/15/2015 141.10$ 69846 10143 - SUMMIT UNIFORMS Uniform ball caps 07/02/2015 139.20$ 69874 10135 - MADCO Welding Supplies 07/15/2015 124.62$ 69855 11322 - AMERMEX UPGRADES AO Ballast Replacement 07/15/2015 120.00$ 69818 10548 - GARTSIDE, ELLEN Mileage: Apr/May/Jun 2015 07/02/2015 116.15$ 69887 *11526 - REPUBLIC SERVICES Garbage services - ECM 07/15/2015 116.11$ 69810 *11530 - COASTSIDE.NET Internet Service -SFO 07/02/2015 109.00$ 69835 *10481 - PACIFIC TELEMANAGEMENT SERVICE Backpack Camp Pay Phone -MB 07/02/2015 78.00$ 69829 10135 - MADCO Safety Glasses 07/02/2015 65.36$ 69820 11406 - GIBBONS, JENNY Mileage Reimbursement, MV Chamber Event 07/02/2015 57.97$ 69891 10143 - SUMMIT UNIFORMS Uniforms 07/15/2015 41.33$ 69817 10187 - GARDENLAND POWER EQUIPMENT Equipment Parts 07/02/2015 34.77$ 69884 10134 - RAYNE OF SAN JOSE Water Service (FOOSP)07/15/2015 26.25$ 69890 10302 - STEVENS CREEK QUARRY INC Base Rock (RSA)07/15/2015 12.56$ 69833 10670 - O'REILLY AUTO PARTS Auto Parts 07/02/2015 4.12$ $7,439,263.26 *Annual Claims **Hawthorn Expenses BC = Bear Creek LH = La Honda Creek PR = Pulgas Ridge SG = Saratoga Gap TC = Tunitas Creek CC = Coal Creek LR = Long Ridge PC = Purisima Creek SA = Sierra Azul WH = Windy Hill ECdM = El Corte de Madera LT = Los Trancos RSA = Rancho San Antonio SR= Skyline Ridge AO = Administrative Office ES = El Sereno MR = Miramontes Ridge RV = Ravenswood SCS = Stevens Creek Shoreline Nature FFO = Foothills Field Office FH = Foothills MB = Monte Bello RR = Russian Ridge TH = Teague Hill SFO = Skyline Field Office FO = Fremont Older PR = Picchetti Ranch SJH = St Joseph's Hill TW = Thornewood SAO = South Area Outpost RR/MIN = Russian Ridge - Mindego Hill R-15-105 Meeting 15-19 July 22, 2015 AGENDA ITEM 3 AGENDA ITEM Grant Funding Agreement with the County of San Mateo to Complete the San Francisco Bay Trail Connection Project at Ravenswood Open Space Preserve GENERAL MANAGER’S RECOMMENDATION Adopt a resolution authorizing the General Manager to execute a funding agreement with the County of San Mateo to implement the San Francisco Bay Trail connection project at Ravenswood Open Space Preserve. SUMMARY The County of San Mateo (County) has pledged to contribute $1 million of the County’s Measure A funds towards the San Francisco Bay Trail (Bay Trail) connection project at Ravenswood Open Space Preserve (Ravenswood). Adoption of the attached resolution will enable the General Manager to execute an agreement with the County to receive the Measure A grant funding to complete the planning, design and implementation of the trail project. While matching funds are not a grant requirement, the project will be leveraged with additional funds from the Santa Clara County Board of Supervisors, which had previously allocated $400,000 for the project, and the District is working with the County of Santa Clara to secure additional funds between $1.0 and $1.75 million. Unfunded project costs can be financed by the District’s Measure AA bond proceeds. MEASURE AA The Measure AA Project List, which was approved by the Board of Directors (Board) on October 29, 2014, includes Project 2-2, Ravenswood Bay Trail, which is part of Measure AA Portfolio 2, Regional: Bayfront Habitat Protection and Public Access Partnerships. DISCUSSION The Ravenswood Bay Trail Connection Project will close a critical gap in the San Francisco Bay Trail in San Mateo County. This incomplete trail section is 0.6 miles in length, located between Ravenswood Open Space Preserve (Ravenswood) and University Avenue along the boundary between East Palo Alto and Menlo Park. The Bay Trail is a regional vision for a 500‐mile continuous shoreline trail around San Francisco Bay, of which 340 miles are complete. This short segment is the last remaining major gap in an 80‐mile continuous recreation and commute corridor connecting San Mateo, Santa Clara and Alameda counties. R-15-105 Page 2 With this grant, hikers, bicyclists, joggers, bird watchers and many outdoor enthusiasts will enjoy improved access to local and regional parks; a regional bicycle transportation corridor; restored wetlands; and observation platforms within District lands and the Don Edwards San Francisco Bay National Wildlife Refuge. In 2010, the Board approved an exchange agreement with the City of San Francisco where the District would grant them a subsurface tunnel easement underneath Ravenswood to accommodate a new water pipeline. In exchange, the City of San Francisco would grant to the District an open space easement across a portion of their adjacent lands with the intention of converting this open space easement into a public trail easement (R-10-65) to close the Bay Trail gap. The exchange agreement with the City of San Francisco requires the District to evaluate the feasibility of various trail alignments within the open space easement area and conduct an environmental review of the project. The District has been working closely with the City of San Francisco and Consultants to identify and evaluate trail alignments and design alternatives, develop a conceptual plan for the proposed Bay Trail connection, and prepare an environmental review document. A draft Mitigated Negative Declaration (MND) is expected to be released for review and public comment this winter. Once the MND is adopted, the District will be poised to prepare construction plans to move forward with project implementation. In November 2012, San Mateo County voters approved Measure A, a ten-year half-cent general sales tax, to maintain the quality of life for all County residents by providing essential services and maintaining and/or replacing critical facilities. San Mateo County Parks has pledged to contribute $1 million dollars of their Measure A funds towards the Bay Trail connection project at Ravenswood. FISCAL IMPACT Preliminary cost estimates for the Ravenswood Bay Trail connection project are between $2.4 and $3.15 million. To date, $1.4 million has been allocated for the project between San Mateo County’s Measure A grant fund and Santa Clara County’s Stanford trails mitigation grant fund. The District is seeking the remaining $1.0 to $1.75 million from the County of Santa Clara through surplus Stanford trails mitigation grant funds. Unfunded project costs can be funded by the District’s Measure AA funds. 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 The District is currently preparing a Mitigated Negative Declaration (MND) to analyze environmental impacts of the Bay Trail connection project as required by CEQA. A draft MND is expected to be released for review and public comment this winter. R-15-105 Page 3 NEXT STEPS With the adoption of the attached resolution, District staff will develop a funding agreement with the County that includes a scope of work, budget, implementation schedule, and performance goals. The funding agreement will be presented to the San Mateo County Board of Supervisors on September 1, 2015 for their review and approval. The District will complete a MND for public review and comment prior to forwarding to the Board for adoption. Once the MND has been adopted, the exchange agreement can then be finalized. Once a public trail easement across the San Francisco lands is secured, the District can begin the next phases of the Bay Trail connection project: development of schematic level trail designs and construction drawings; consultation and permitting with regulatory agencies; and trail construction. Attachment 1. Resolution Approving and Authorizing Execution of the Grant Agreement for Grant Funds from the County of San Mateo for the San Francisco Bay Trail Connection Project at Ravenswood Open Space Preserve Responsible Department Head: Jane Mark, AICP, Planning Manager Prepared by: Gretchen Laustsen, Planner III, Planning Department Resolutions/2015/15-_SMC Measure A-Ravenswood Bay Trail 1 RESOLUTION NO. 15-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING EXECUTION OF THE GRANT AGREEMENT FOR GRANT FUNDS FROM THE COUNTY OF SAN MATEO FOR THE SAN FRANCISCO BAY TRAIL CONNECTION PROJECT AT RAVENSWOOD OPEN SPACE PRESERVE WHEREAS, San Mateo County (County) voters approved Measure A, a ten-year, half- cent general sales tax to maintain the quality of life for all County residents by providing essential services and maintaining and/or replacing critical facilities; and WHEREAS, San Mateo County Parks strives to preserve San Mateo County's natural and cultural treasures and provides for safe, accessible parks, as well as recreation and learning opportunities, to enhance the community's quality of life, with County Parks managing 20 parks, 190 miles of regional, county and local trails, and two historic sites throughout San Mateo County; and WHEREAS, San Mateo County Parks will recommend to the San Mateo County Board of Supervisors that $1 million dollars of Measure A should be granted to the Midpeninsula Regional Open Space District to complete the San Francisco Bay Trail Connection Project at Ravenswood Open Space Preserve; NOW, THEREFORE, be it resolved that the Board of Directors of the Midpeninsula Regional Open Space District hereby: 1. Agrees to the terms and conditions of the Grant Agreement; and 2. Has or will have sufficient funds to operate and maintain the funded project; and 3. To the extent permitted by law, agree to provide any funds needed beyond the grant requested to complete the project funded under this program through the allocation of uncommitted funds; and 4. Authorizes the General Manager, as agent and representative of the Midpeninsula Regional Open Space District, to execute the Grant Agreement, the Irrevocable Offer to Dedicate Title in Fee, and all documents necessary to comply with the County's grant requirements. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on _____, 2015, at a Regular Meeting thereof, by the following vote: Attachment 1 Resolutions/2015/15-_SMC Measure A-Ravenswood Bay Trail 2 AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Secretary Board of Directors President Board of Directors APPROVED AS TO FORM: General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk Attachment 1 R-15-108 Meeting 15-19 July 22, 2015 AGENDA ITEM 4 AGENDA ITEM Grant Funding Agreement with the Santa Clara Valley Water District for Hendrys Creek Stream Channel Restoration Project at Sierra Azul Open Space Preserve GENERAL MANAGER’S RECOMMENDATION Adopt a resolution authorizing the General Manager to execute a funding agreement with the Santa Clara Valley Water District to implement the Hendrys Creek Stream Channel Restoration Project at Sierra Azul Open Space Preserve. SUMMARY The Santa Clara Valley Water District (SCVWD) has invited the Midpeninsula Regional Open Space District (District) to apply for partnership funds under the Safe, Clean Water and Natural Flood Protection Program (Program) e. If approved, this grant application would provide funds to implement the Hendrys Creek Stream Channel Restoration Project (Project). Maximum funding of $500,000 would be available per project, where the overall Program has a total allocation of $2.557 million in Fiscal Year 2016. Adoption of the attached resolution (see Attachment 1) will enable the General Manager to submit an application for these funds. Unfunded project costs, including the cost-share requirement of a 25% contribution, can be financed by Measure AA. The Acterra Stewardship Program (Acterra) is interested in becoming a potential implementation partner, which serves to fulfill a grant objective to increase collaborations and partnerships with nonprofit organizations for stewardship activities, thereby creating a stronger application and demonstrating leveraged resources. MEASURE AA The 5-year Measure AA Project List approved by the Board on October 29, 2014, includes Project #22.1 (Hendrys Creek Restoration – Design and Implementation) (R-14-130). This project meets the goals of Project #22.1 by protecting and restoring riparian and wetland habitats in the Hendrys Creek watershed. DISCUSSION The Hendrys Creek property is located east of the Lexington Reservoir, adjacent to the Cathedral Oaks area of Sierra Azul Open Space Preserve (Preserve), in the middle portion of Hendrys Creek canyon. The Board approved purchase of the POST Hendrys Creek property on May 13, 2015 (see Report R-15-71), through a Memorandum of Understanding (MOU) with Peninsula Open Space Trust (POST) and Santa Clara Valley Water District (SCVWD). Since 2010, the R-15-108 Page 2 SCVWD has been interested in partnering with the District to protect the Hendrys Creek watershed and the flows that it contributes to Lexington Reservoir. The District closed escrow on the Hendrys Creek property on June 26, 2015, which conveyed the property in fee title to the District, and SCVWD funded the full purchase price of $1,500,000 from their Multi-Year Stream Maintenance Program. These actions also included the recording of the Conservation Easement and Long Term Management Plan from the District to SCVWD. Because of the restrictions in the conservation easement related to resource sensitivity, this property is designated as a Conservation Management Unit (CMU) and is therefore closed to public excess except by permit. The Long-term Management Plan that was prepared as a requirement of the purchase calls for initial stream restoration and sediment-reduction practices, including excavation of fill material from stream channels. Otherwise, the property will be maintained in its current condition with no use changes anticipated. On May 11, 2015, the SCVWD issued a request for proposals under the Safe, Clean Water and Natural Flood Protection Special Tax Funded Program that include objectives and priority themes that are a near-perfect fit for the stream restoration work proposed for the Hendrys Creek property. Staff attended the SCVWD’s May 27, 2015 Grant Workshop and had follow-up discussions with grant administrators about the eligibility of the Hendrys Creek Stream Channel Restoration Project, at which time the SCVWD encouraged the District to submit an application to request partnership funding. In addition, SCVWD staff has confirmed that, based on the existing partnership between the District and SCVWD, there would be no conflict of interest in submitting an application for this Project. As part of this grant application, the District has an opportunity to partner with Acterra, which would benefit both parties by leveraging resources. In addition to potentially funding the physical stream channel restoration work that is required under the Long Term Management Plan, the grant is also able to fund related project assistance work from Acterra potentially including the preparation of quarterly grant monitoring reports, development of a weed abatement program, locally native seed collection, production, and installation of native plants. FISCAL IMPACT Preliminary cost estimates for the Project, including assistance from Acterra, are between $400,000 and $500,000. A minimum of a 25% contribution is required by the District, which will be funded through Measure AA. If grant funds are secured, the vast majority of the costs to implement the Long Term Management Plan for the Hendrys Creek Property will be funded through outside grant funds, freeing up Measure AA funds for other capital work. To assist the District with an expedited preparation of the grant application, a consultant grant writer will be retained under the General Manager’s authority. BOARD COMMITTEE REVIEW This item was not previously reviewed by a Committee. R-15-108 Page 3 PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE An Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Program for the Hendrys Creek purchase and implementation of the Long Term Management Plan was approved by the Board on May 13, 2015 (see Report R-15-71). NEXT STEPS With Board adoption of the attached resolution, District staff will complete a SCVWD grant application package that includes a scope of work, budget, implementation schedule, and performance goals. The application package is due no later than August 10. Attachment 1. Resolution for Santa Clara Valley Water District Partnership Funds Responsible Department Head: Jane Mark, AICP, Planning Manager Prepared by: Meredith Manning, Senior Planner, Planning Department Resolutions/2015/15-_SCVWD Grant-Hendrys Creek 1 RESOLUTION NO. 15-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING EXECUTION OF THE GRANT AGREEMENT FOR GRANT OR PARTNERSHIP FUNDS UNDER THE SAFE, CLEAN WATER AND NATURAL FLOOD PROTECTION PROGRAM FROM THE SANTA CLARA VALLEY WATER DISTRICT FOR THE HENDRYS CREEK STREAM CHANNEL RESTORATION PROJECT AT SIERRA AZUL OPEN SPACE PRESERVE ______________________________________________________________________________ WHEREAS, the Santa Clara Valley Water District has enacted the 2016 Safe Clean Water Project D3 Grants and Partnerships Program, which provides funds for restoration of wildlife habitat. WHEREAS, the Santa Clara Valley Water District’s Water Resources Planning and Policy Unit has been delegated the responsibility for the administration of the grant and partnership program, setting up necessary procedures; and WHEREAS, said procedures established by the Santa Clara Valley Water District require Applicant’s Governing Body to certify by resolution the approval of Applicant to apply for and accept grant program funds; and WHEREAS, Applicant will enter into a Grant Agreement with the Santa Clara Valley Water District; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District hereby: 1. Approves the submission of an Application for grant funds from the Safe, Clean Water and Natural Flood Protection Program Project D3; 2. Approves the acceptance of grant funds from the Safe, Clean Water and Natural Flood Protection Program Project D3, upon approval of grant funding for the Project by appropriate authorities; 3. Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project(s); 4. Certifies that the Applicant will review and agree to the Special Provisions, General Provisions, Financial Provisions and Insurance Requirements contained in the Agreement; and 5. Appoints General Manager, Stephen E. Abbors, as agent to conduct all negotiations, execute and submit all documents including, but not limited to Applications, agreements, payment requests and so on, which may be necessary for the completion of the Project. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Attachment 1 Resolutions/2015/15-_SCVWD Grant-Hendrys Creek 2 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on _____, 2015, 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 1 R-15-104 Meeting 15-19 July 2 2, 2015 AGENDA ITEM 5 AGENDA ITEM Change to the District’s Fiscal Year GENERAL MANAGER’S RECOMMENDATIONS 1. Adopt a resolution to reset the District’s annual fiscal year to begin July 1 and end June 30. 2. Move appointment of the Action Plan and Budget Committee members to the second regular Board meeting in January, consistent with other Committee appointments. 3. Extend Fiscal Year 2015-16 by three months to end on June 30, 2016. SUMMARY On September 14, 1988, the District Board of Directors (Board) approved Resolution 88-41, changing the District’s fiscal year from July 1 through June 30 to April 1 through March 31. As the District’s Action Plan has grown in size and its budget has grown in complexity, early direction from the Board and more staff time is required to prepare these documents. In order to allow adequate time to set goals for, as well as prepare and review the Action Plan and Budget, the General Manager recommends implementing a six month Action Plan and Budget development process and changing the District’s fiscal year back to July 1 through June 30. This change also brings the added benefits of improving the accuracy of the anticipated revenue and expenditure estimates, which affect the budgetary limits, and synchronizing fiscal years with other local agencies. To allow for this transition, the current Fiscal Year (FY) 2015-16 will need to be extended by an additional three months to end on June 30, 2016 and funds added to the budget as part of the Midyear Review to cover costs associated with the time extension. DISCUSSION On September 14, 1988, the Board approved Resolution 88-41 (Attachment 2) changing the District’s fiscal year from July 1 through June 30 to April 1 through March 31. Under this fiscal year schedule, the District’s annual Action Plan and Budget preparation occurs between October and March, with most of the intensive staff work occurring during December and January to prepare for Action Plan and Budget Committee (ABC) review in early February. Further compressing the already tight timeline are the holidays, office closure, and family vacations in November and December, which reduce the schedule by approximately three work weeks. Once staff has prepared the proposed annual Action Plan and Budget, the ABC has approximately two weeks to review the material and provide feedback to staff prior to the Board’s initial review during the last meeting in February. With the increasing project volume and budget complexity, two weeks is no longer an adequate timeframe for the ABC to review and discuss the work plan and budget information with staff and for staff to provide considered responses. R-15-104 Page 2 On March 26, 2014, the Board directed the ABC to work with staff to evaluate the feasibility of changing the District’s fiscal year start date from April 1 back to July 1. This direction was delayed to focus on Measure AA implementation. That same year as part of the Board’s October Retreat, the Board directed the General Manager to implement a process for collecting early Board input to guide the preparation of the annual Action Plan. In response, the General Manager requested that the Administrative Services Manager extend the Action Plan and Budget development process by an additional two months and prepare a new eight-month timeline that incorporates the Board’s annual Strategic Plan workshop and an additional Board Priority Setting retreat as its first two major milestones. With the District’s current fiscal year start date of April 1, a six-month process would require staff to begin identifying Key Projects and preparing the following year’s Action Plan in August/September. However, this is problematic as the staff who scope and cost out projects are the same staff actively managing the current year projects during the dry summer months critical to completion of project construction. This issue prompted the General Manager to refer back to and include as part of the analysis the Board’s earlier desire to modify the District’s fiscal year. Recommendation to Change the Fiscal Year Given the issues discussed above, the General Manager recommends changing the District’s fiscal year to July 1 through June 30 effective FY2016-17. Under this new fiscal year calendar, staff would begin preparing the annual Action Plan and Budget in late October, with Board adoption occurring in June. In addition to allowing for early Board direction as part of the annual Action Plan development process and providing sufficient staff capacity to develop project scopes and budgets, additional benefits to the fiscal year change include: • Keeps Project Managers focused on projects that are under construction, thus avoiding project completion delays. • Continues to hold the Board Strategic Plan Retreat in the fall instead of moving it to July/August to avoid potential scheduling issues due to summer vacations. • Eliminates the loss of three work weeks during the Action Plan and Budget development process as the December Administrative Office closure and the Thanksgiving, Christmas and New Year’s holidays no longer fall within this time period. • Shifts the most intensive staff work for developing the Action Plan and Budget to January through March when field work/construction is generally not occurring and preserve visitation is lower. • Creates alignment with most other agencies’ fiscal years (e.g., CalPERS, County governments, CJPIA, etc.), which simplifies and improves the accuracy of District budget and revenue projections. • Allows the appointment of the ABC members to be moved to the second meeting in January and be grouped with other Committee appointments. In order to change the fiscal year back to July 1 through June 30, the Board would need to repeal Resolution 88-41 by approving the attached resolution. A proposed Action Plan and Budget schedule for FY2016-17 showing the fiscal year starting on July 1 is included as Attachment 3. Implementation Options To fully transition from an April 1 fiscal year to July 1, there are two options to address the months of April through June during the first year of implementation: R-15-104 Page 3 1. Add a one-time 3-month fiscal year that covers April 1 through June 30, 2016, which would then be followed by the new 12-month fiscal year of July 1 through June 30. 2. Extend the current FY2015-16 by three months to create a one-time, 15-month fiscal year from April 1, 2015 through June 30, 2016. Recommendation to Transition into the New Fiscal Year The General Manager recommends Option 2 as only one annual audit would be required rather than two, which saves both staff time and auditor costs. Additionally, Option 2 allows staff to continue focusing on completing current projects prior to preparing the FY2016-17 Action Plan and Budget. FISCAL IMPACT Extending the current FY2015-16 by three months would shift costs for April through June 2016 from FY2016-17 into FY2015-16. Staff will identify the incremental adjustment needed and return to the Board in November/December as part of the Midyear Review to amend the FY2015-16 Budget. BOARD COMMITTEE REVIEW The Action Plan and Budget Committee discussed this item on July 2, 2015 and supports the General Manager’s recommendations. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE This item is not a project subject to the California Environmental Quality Act. NEXT STEPS If the Board approves the recommendations to move forward with the fiscal year change, the General Manager would direct staff to proceed with the following implementation schedule. • August/September 2015 – Staff identifies the budget adjustments to extend the current fiscal year to June 30, 2016 and includes them as part of the Midyear Review. Primary costs are expected to be in salaries and benefits as capital expenditures generally don’t occur until mid-summer. • October 2015 – ABC reviews the proposed increase to the FY2015-16 budget as part of the Midyear Review. • October 2015 – Board’s Strategic Plan and Priority Setting Retreats are held. • November/December 2015 – Board receives the Midyear Review memo and considers any increases to the FY2015-16 budget to include anticipated costs through June 2016. • December 2016 – Staff begins preparation of the FY2016-17 Action Plan and Budget. • March/April 2016 – ABC reviews the proposed FY2016-17 Action Plan and Budget. • June 29, 2016 – Board considers adoption of the FY2016-17 Action Plan and Budget. R-15-104 Page 4 Attachments 1. Resolution Repealing Resolution 88-41 and Changing The District’s Fiscal Year 2. Resolution 88-41 3. Proposed July 1 Fiscal Year Calendar Responsible Department Head: Kate Drayson, Administrative Services Manager Prepared by: Kate Drayson, Administrative Services Manager Resolutions/2015/15-__ July 1st FY 1 RESOLUTION NO. 15-___ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPEALING RESOLUTION 88-41 AND CHANGING THE DISTRICT’S FISCAL YEAR WHEREAS, the Board of Directors passed and adopted Resolution 88-41 on September 14, 1988 stating that beginning in 1989, the District fiscal year shall commence on April 1 and conclude on March 31; and WHEREAS, the District desires to align itself with best practices of other public agencies, including the same fiscal year; NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Midpeninsula Regional Open Space District, as follows: 1. Resolution 88-41 shall be repealed in its entirety; 2. The three Action Plan and Budget Committee members shall be appointed at the second meeting in January. 3. Beginning on July 1, 2016, the District’s fiscal year shall commence on July 1 and conclude on June 30; 4. Fiscal Year 2015-2016 shall be extended by three months to conclude on June 30, 2016. * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ___, 2015, at a Regular Meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Secretary Board of Directors President Board of Directors Attachment 1 Resolutions/2015/15-__ July 1st FY 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 Attachment 1 Attachment 2 Attachment 2 PROPOSED JULY 1 FISCAL YEAR SCHEDULE October - December 2015 Date TBD – Departments begin project costing for both MAA Projects and Non-MAA Projects Thurs 10/22 – Board Retreat #1 Tue 11/17 – Board Retreat #2 December 2015 Tue 12/1 (week of) – FY16-17 AP/Budget Kick-off Meeting Tue 12/1 – FY16-17 Action Plan & 3-Year CIP templates available Wed 12/2 – Departments begin project costing for both MAA Projects and Non-MAA Projects Mon 12/14 (week of) – Department Coordination Meeting #1 to discuss preliminary Key Projects January 2016 Mon 1/4 – Admin initializes FY16-17 budget in IAFS Tues 1/5 – Departments begin entering budget changes in IAFS Mon 1/11 (week of) – Dept Coordination Meeting #2 to discuss Draft Action Plan and Proposed Positions Mon 1/25 (week of) – Department Coordination Meeting #3 February 2016 Wed 2/10 – 3-Year CIP and Budget data entry in IAFS due from Departments to Admin Fri 2/12 – Final Action Plans due from Departments to Admin Mon 2/15 through Fri 2/20 – Admin consolidates and formats Action Plans & Budget Wed 2/17 – Position Justification Forms for new positions due to AGMs Mon 2/22 (week of) – Departments meet with AGMs, Mgmt Analyst, CFO to Review Action Plan & Budget March 2016 Wed 3/2 – AP/Budget Revisions due from Departments to Admin Mon 3/7 (week of) – AGMs, Mgmt Analyst, CFO meet with GM to review AP/Budget Tue 3/15 – Final AP/Budget Revisions due from Departments to Admin Wed 3/30 – Send packet to ABC – Action Plan (Admin) April 2016 Tues 4/5 – ABC #1: Action Plan review Wed 5/4 – Send packet to ABC – Controller’s Report, Proposed Budget, 3-Year CIP (Admin) Tues 4/12 – ABC #2: Complete Action Plan review (if needed), Controller’s Report, Budget review Fri 4/15– Send packet to ABC (if needed) Tues 4/19 – ABC #3: Complete Budget Review (if needed) May 2016 Mon 5/9 – Initial Action Plan and Budget & Board reports due to Clerk (Admin) Wed 5/25– Board reviews FY2016-17 Proposed Budget June 2016 Tue 5/31 – ABC #4 (if needed): follow-up on Board direction Mon 6/13 – Final FY2016-17 Budget Board report due to Clerk (Admin) Wed 6/29 – Board adopts FY2016-17 Action Plan and Budget Attachment 3 R-15-109 Meeting 15-19 July 22, 2015 AGENDA ITEM 6 AGENDA ITEM Establishing Fiscal Year 2015-2016 Tax Levy for the Midpeninsula Regional Open Space District’s General Obligation Bonds - Series 2015A and Series 2015B GENERAL MANAGER’S RECOMMENDATION Adopt Resolutions of the Board of Directors of the Midpeninsula Regional Open Space District for each of San Mateo, Santa Clara and Santa Cruz Counties to establish an ad valorem property tax levy of $1.10 per $100,000 (or $0.0011 per $100) in assessed value for the District’s General Obligation Bonds – Series 2015A and Series 2015B (Measure AA). SUMMARY On June 3, 2014, voters of the District approved the passage of Measure AA under which the District is authorized to issue up to $300 million of general obligation bonds (Bonds) over thirty years to finance Measure AA capital projects. By Resolution 2015-19 adopted on May 13, 2015, the Board of Directors authorized the issuance of up to $45,000,000 as the first tranche of the Bonds. The most recent financing schedule for the first tranche is as follows: • July 17 Ratings received from Fitch and Standard & Poor’s • July 20 Distribution of the Preliminary Official Statement (POS) • July 28/29 Pricing of the bonds • August 13 Closing of the bond sale DISCUSSION Debt service payments on the Bonds are paid through ad valorem taxes on all taxable property within the District. Based on the estimated debt service schedule received from the underwriters, and tax revenue projections provided by the District’s Tax Administration Consultant (Goodwin Consulting Group), the Board is asked to approve resolutions for each of the three Counties authorizing the placement of an ad valorem property tax levy of $0.0011 per $100, or $1.10 per $100,000 in assessed value. FISCAL IMPACT The establishment of the ad valorem property tax levy will provide the District with sufficient revenues to pay related debt service on the issuance of $45,000,000 of general obligation bonds, which are scheduled to be sold at the end of July 2015. R-15-109 Page 2 BOARD COMMITTEE REVIEW This item was not previously reviewed by a Board Committee. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. CEQA COMPLIANCE No compliance is required as this action is not a project under CEQA. NEXT STEPS If approved by the Board, staff will forward the resolutions to the relevant departments and Board of Supervisors of each County for inclusion in the 2015-2016 property tax bills. Attachments: 1. Resolution of the Midpeninsula Regional Open Space District Setting the Tax Rate on Voter Approved General Obligation Bonds – County of San Mateo 2. Resolution of the Midpeninsula Regional Open Space District Setting the Tax Rate on Voter Approved General Obligation Bonds – County of Santa Clara 3. Resolution of the Midpeninsula Regional Open Space District Setting the Tax Rate on Voter Approved General Obligation Bonds – County of Santa Cruz Responsible Department Head: Mike Foster, Controller Prepared by: Andrew Taylor, Senior Accountant Resolutions/2015/15-___SCC Measure AA Levy 1 RESOLUTION NO. 15-___ A RESOLUTION OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SETTING THE 2015-16 TAX RATE ON VOTER APPROVED GENERAL OBLIGATION BONDS ______________________________________________________________________________ WHEREAS, the Midpeninsula Regional Open Space District (the “District”) is a regional open space district that includes territory in each of the County of San Mateo, the County of Santa Clara and the County of Santa Cruz (each, a “County”; collectively, the “Counties”); and WHEREAS, the District is empowered to issue general obligation bonds that are authorized by two-thirds of the qualified electors of the District pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 of the Public Resources Code and Article 4.5, commencing with Section 53506, of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (collectively, the “Act”); and WHEREAS, a special bond election was duly and regularly held in the District on June 3, 2014, for the purpose of submitting a ballot measure to the qualified electors of the District (the "2014 Authorization"), and more than two-thirds of the votes cast at the election approved the issuance of up to $300 million of general obligation bonds to finance certain projects specified in the 2014 Authorization; and WHEREAS, for the purpose of financing the projects authorized by the 2014 Authorization (the “Projects”), by its Resolution No. 15-19, the District has determined to issue its General Obligation Bonds, Series 2015, in one or more series, in the aggregate principal amount of not to exceed $45,000,000 pursuant to the Act; and WHEREAS, Section 5569 of the Public Resources Code provides that, for the purpose of paying all sums coming due for principal and interest on all bonds of the District, there shall be levied and collected each year a tax sufficient to pay the annual interest on such bonds and, also, that part of the principal which will become due before the time for setting the next general tax levy; and WHEREAS, Section 5571 of the Public Resources Code provides that the Board of Supervisors of the County of Santa Clara, at the time of making the general tax levy in each year, levy a tax upon all the real and personal property within the District and within its respective County at a rate sufficient to meet the proportion of taxes necessary to be raised in the County for the purpose of paying the principal and interest of the bonds and other indebtedness of the District; and NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Midpeninsula Regional Open Space District, as follows: SECTION 1. Levy of Tax. The Board of Directors of the District hereby determines that the tax rate necessary to pay the principal and interest on the Bonds coming due and payable Attachment 1 on March 1, 2016 and September 1, 2016 is $0.0011 per $100 of assessed valuation, and such tax rate shall be and is hereby levied in accordance with all applicable requirements of law. SECTION 2. Collection of Tax. The Controller is hereby directed to forward a copy of this Resolution to the Controller-Treasurer of the County of Santa Clara, and to the Board of Supervisors of the County, and to take such actions and execute such documents as may be required to cause the tax rate set forth in Section 1 to be placed on the 2015-2016 property tax bill and collected by each of the County. SECTION 3. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ______, 2015, 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 1 Resolutions/2015/15-___SMC Measure AA Levy 1 RESOLUTION NO. 15-____ A RESOLUTION OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SETTING THE 2015-16 TAX RATE ON VOTER APPROVED GENERAL OBLIGATION BONDS ______________________________________________________________________________ WHEREAS, the Midpeninsula Regional Open Space District (the “District”) is a regional open space district that includes territory in each of the County of San Mateo, the County of Santa Clara and the County of Santa Cruz (each, a “County”; collectively, the “Counties”); and WHEREAS, the District is empowered to issue general obligation bonds that are authorized by two-thirds of the qualified electors of the District pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 of the Public Resources Code and Article 4.5, commencing with Section 53506, of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (collectively, the “Act”); and WHEREAS, a special bond election was duly and regularly held in the District on June 3, 2014, for the purpose of submitting a ballot measure to the qualified electors of the District (the "2014 Authorization"), and more than two-thirds of the votes cast at the election approved the issuance of up to $300 million of general obligation bonds to finance certain projects specified in the 2014 Authorization; and WHEREAS, for the purpose of financing the projects authorized by the 2014 Authorization (the “Projects”), by its Resolution No. 15-19, the District has determined to issue its General Obligation Bonds, Series 2015, in one or more series, in the aggregate principal amount of not to exceed $45,000,000 pursuant to the Act; and WHEREAS, Section 5569 of the Public Resources Code provides that, for the purpose of paying all sums coming due for principal and interest on all bonds of the District, there shall be levied and collected each year a tax sufficient to pay the annual interest on such bonds and, also, that part of the principal which will become due before the time for setting the next general tax levy; and WHEREAS, Section 5571 of the Public Resources Code provides that the Board of Supervisors of the County of San Mateo, at the time of making the general tax levy in each year, levy a tax upon all the real and personal property within the District and within its respective County at a rate sufficient to meet the proportion of taxes necessary to be raised in the County for the purpose of paying the principal and interest of the bonds and other indebtedness of the District; and NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Midpeninsula Regional Open Space District, as follows: SECTION 1. Levy of Tax. The Board of Directors of the District hereby determines that the tax rate necessary to pay the principal and interest on the Bonds coming due and payable Attachment 2 on March 1, 2016 and September 1, 2016 is $0.0011 per $100 of assessed valuation, and such tax rate shall be and is hereby levied in accordance with all applicable requirements of law. SECTION 2. Collection of Tax. The Controller is hereby directed to forward a copy of this Resolution to the Auditor-Controller of the County of San Mateo, and to the Board of Supervisors of the County, and to take such actions and execute such documents as may be required to cause the tax rate set forth in Section 1 to be placed on the 2015-2016 property tax bill and collected by each of the County. SECTION 3. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ______, 2015, at a Regular Meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Secretary Board of Directors President Board of Directors APPROVED AS TO FORM: General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk Attachment 2 Resolutions/2015/15-___SCruz Measure AA Levy 1 RESOLUTION NO. 15-___ A RESOLUTION OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SETTING THE 2015-16 TAX RATE ON VOTER APPROVED GENERAL OBLIGATION BONDS ______________________________________________________________________________ WHEREAS, the Midpeninsula Regional Open Space District (the “District”) is a regional open space district that includes territory in each of the County of San Mateo, the County of Santa Clara and the County of Santa Cruz (each, a “County”; collectively, the “Counties”); and WHEREAS, the District is empowered to issue general obligation bonds that are authorized by two-thirds of the qualified electors of the District pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 of the Public Resources Code and Article 4.5, commencing with Section 53506, of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (collectively, the “Act”); and WHEREAS, a special bond election was duly and regularly held in the District on June 3, 2014, for the purpose of submitting a ballot measure to the qualified electors of the District (the "2014 Authorization"), and more than two-thirds of the votes cast at the election approved the issuance of up to $300 million of general obligation bonds to finance certain projects specified in the 2014 Authorization; and WHEREAS, for the purpose of financing the projects authorized by the 2014 Authorization (the “Projects”), by its Resolution No. 15-19, the District has determined to issue its General Obligation Bonds, Series 2015, in one or more series, in the aggregate principal amount of not to exceed $45,000,000 pursuant to the Act; and WHEREAS, Section 5569 of the Public Resources Code provides that, for the purpose of paying all sums coming due for principal and interest on all bonds of the District, there shall be levied and collected each year a tax sufficient to pay the annual interest on such bonds and, also, that part of the principal which will become due before the time for setting the next general tax levy; and WHEREAS, Section 5571 of the Public Resources Code provides that the Board of Supervisors of the County of Santa Cruz, at the time of making the general tax levy in each year, levy a tax upon all the real and personal property within the District and within its respective County at a rate sufficient to meet the proportion of taxes necessary to be raised in the County for the purpose of paying the principal and interest of the bonds and other indebtedness of the District; and NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District, as follows: SECTION 1. Levy of Tax. The Board of Directors of the District hereby determines that the tax rate necessary to pay the principal and interest on the Bonds coming due and payable Attachment 3 Resolutions/2015/15-___SCruz Measure AA Levy 2 on March 1, 2016 and September 1, 2016 is $0.0011 per $100 of assessed valuation, and such tax rate shall be and is hereby levied in accordance with all applicable requirements of law. SECTION 2. Collection of Tax. The Controller is hereby directed to forward a copy of this Resolution to the Auditor-Controller of the County of Santa Cruz, and to the Board of Supervisors of the County, and to take such actions and execute such documents as may be required to cause the tax rate set forth in Section 1 to be placed on the 2015-2016 property tax bill and collected by the County. SECTION 3. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ______, 2015, 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 3 R-15-101 Meeting 15-19 July 22, 2015 AGENDA ITEM 7 AGENDA ITEM Proposed Purchase of Peninsula Open Space Trust Apple Orchard and Event Center properties located at 6635 La Honda Road, 5711 La Honda Road, and 5460 La Honda Road in the Town of La Honda, in unincorporated San Mateo County (San Mateo County Assessor’s Parcel Numbers 082-130-130, 082-140-010, 082-150-030, 082-150-040, 083-361-040, 083-361-100), and a Conservation Easement over San Gregorio Creek across portions of San Mateo County Assessor’s Parcel Numbers 82-130-110 and 82-130-120 as additions to La Honda Creek Open Space Preserve. GENERAL MANAGER’S RECOMMENDATIONS 1. Determine that the recommended actions as set out in the staff report are categorically exempt from the California Environmental Quality Act. 2. Adopt a resolution authorizing the purchase of the Apple Orchard and Event Center properties and the San Gregorio Creek Conservation Easement from Peninsula Open Space Trust. 3. Accept the continued use of the Event Center Facilities Use Agreement and associated fee schedule until such time as preferred long term uses of the Event Center are identified and either a Site Plan is adopted and/or the La Honda Creek Open Space Preserve Master Plan is amended to fully integrate the subject properties into the Preserve. 4. Adopt the Amended Preliminary Use and Management Plan for the Apple Orchard and Event Center properties, and the Conservation Easement. 5. Authorize the General Manager to execute a Grazing Lease with Wilson Cattle Company for the Apple Orchard Grazing Unit of La Honda Creek Open Space Preserve. 6. Indicate the intention to withhold dedication of the Apple Orchard and Event Center Properties as public open space at this time. SUMMARY The Midpeninsula Regional Open Space District (District) proposes to enter into a purchase agreement with Peninsula Open Space Trust (POST) to acquire the Apple Orchard and Event Center properties totaling 307.64 acres, and obtain a 3 acre conservation easement protecting the San Gregorio Creek riparian corridor over two parcels located west of the Event Center property, all as additions to La Honda Creek Open Space Preserve (Preserve). The Fiscal Year (FY) 2015- 16 Budget contains sufficient funds to cover the $5,895,000.00 purchase price. The following report presents a brief description of the properties, the work-to-date since entering into a Lease and Management Agreement with POST in December 2013 to manage these properties, an Amended Preliminary Use and Management Plan, environmental review, terms and conditions, and financial impacts of the purchase. R-15-101 Page 2 MEASURE AA These proposed acquisitions support the goals of the following four projects under Measure AA Portfolio #7 - Driscoll Ranch Public Access, Endangered Wildlife Protection, and Conservation Grazing: Project #7.1 to purchase additional properties as desirable additions to the Preserve and improve public access for the Preserve; Project #7.3 and #7.4 to protect riparian and fisheries habitats of the San Gregorio Creek watershed; and Project #7.5 to support conservation grazing. BACKGROUND AND REASONS FOR PURCHASE (see Attachments 1, 2 and 3) The properties are located adjacent to the 5,760 acre Preserve, along Highway 84 (La Honda Road). The 292.16-acre Apple Orchard property is adjacent to the Preserve and accessible from Sears Ranch Road in the Town of La Honda. The 3.65-acre La Honda Road Residence, at 5711 La Honda Road, is surrounded by the Preserve on three sides, and directly across from the Event Center. The 11.83-acre Event Center property is located at 5460 La Honda Road and connected to the Preserve by a tunnel under La Honda Road. The 3-acre Conservation Easement is on two parcels located immediately west of the Event Center that border San Gregorio Creek. The subject properties were part of a larger complex of coastal ranchlands once known as the Driscoll Ranch Properties. In 2002, POST purchased 3,681 acres of Driscoll Ranch. In 2006, the District purchased the 3,681 acres from POST and added them to the Preserve. The properties proposed for purchase in this Report comprise the remaining portions of the Driscoll Ranch Properties acquired by POST in 2012. The properties proposed for purchase constitute a natural extension of the Preserve. They provide direct access to the Preserve from a public roadway; improve the District’s ability to patrol the Preserve; protect portions of the San Gregorio Creek riparian corridor; expand the opportunities for potential future public staging and trail access to the Preserve; provide support facilities for the Preserve’s grazing tenants; provide a facility for horse/livestock events that are important to the local equestrian community; and are compatible with the District’s Vision Plan and Coastal Service Plan. DISCUSSION On June 26, 2013, the Board considered a Lease and Management Agreement with POST to manage the properties as additions to the Preserve (Board Report R-13-60). At that time, the Board asked staff to further evaluate specific aspects of the proposed Preliminary Use and Management Plan, including public use of the Event Center, riparian protection of San Gregorio Creek, and grazing strategies for the Apple Orchard in light of the then-pending selection of grazing tenants for the Preserve. In December 11, 2013, staff returned with additional recommendations, which were adopted by the Board, and the District entered into a Lease and Management Agreement with POST (Board Report R-13-106). Since that time, the District has implemented the Preliminary Use and Management Plan and drafted an Event Center Facilities Use Agreement with recommended user fees. An interim grazing license for the Apple Orchard has been executed with a local rancher (Board Report R-14-94) and various resource protection projects have been undertaken in partnership with POST. R-15-101 Page 3 Event Center Facilities Use Agreement The District conducted a stakeholder meeting at Elkus Ranch on July 22, 2013 and a Board workshop was held at Elkus Ranch on September 10, 2013 to identify the types of equestrian, ranching, environmental, and agricultural uses that have occurred at the Event Center. At a regularly scheduled meeting held on December 11, 2013, the Board authorized continuing the following uses at the Event Center: • Livestock staging to support conservation grazing on the Preserve • Staging for organized group rides on the Preserve • Agricultural and environmental education events • Equine/Livestock clinics and trainings • Team Roping • LGBT Rodeo for a period of up to two years At that time, the Board also authorized the development of protocols for handling special uses at the Event Center which would be subject to the conditions of a Use Permit or a Facilities Use Agreement. Accordingly, District staff developed an Event Center Facilities Use Agreement, and a summary memo and recommended use fees were distributed to the Board on July 23, 2014 (Attachment 4). The fee schedule is included in the table below: Refundable Cleaning and/or Damage Deposit Environmental & Agricultural Education Organizations $0 Trail Ride/Ranch Event/Equestrian Single Day $125 Equestrian Multi Day $175 Facilities Use Fee Environmental & Agricultural Education Organizations $0 Trail Ride/Ranch Event $100 Equestrian Single Day $350 Equestrian Multi Day $450 Under the provisions of the Facilities Use Agreement, a single equestrian training and riding event was held last year and at least two events are planned for 2015. Because the process of contracting with the District for use of the Event Center is still relatively new to the community, it is recommended that no changes to the Facilities Use Agreement or the fee schedule be made at this time. A main concern in offering equestrian, ranching, and environmental and agricultural events at the Event Center was the ongoing maintenance cost of the facility. Expenses for FY2014 -15 were approximately $2,500. The single event held at end of July offset these expenses by $450. Besides collecting use fees, District staff had thought the Driscoll Ranch grazing tenant could provide maintenance offset by rental credits, but rental credits were focused on key grazing infrastructure on the Preserve. Consequently, staff will continue to pursue a range of opportunities to offset maintenance, including: offering users the opportunity to offset use fees with maintenance contributions; exploring whether a recurring user of the Event Center can assume more responsibility for management of the site and events; partnering with equestrian groups or other interested parties; and continuing to work with the District’s grazing tenant, AgCo Hay Company Inc., to contract for or receive rental credits for certain maintenance tasks. R-15-101 Page 4 Event Center Land Stewardship Projects POST previously secured grant funding through the Resource Legacy Fund to complete land stewardship projects at the Event Center that benefit the health of San Gregorio Creek and its watershed. This funding offsets the cost of projects that support protection of San Gregorio Creek. Since December 2013, POST and the District have worked together to complete the following projects for the Event Center: • Improvements to the spring-fed water system on the north side of La Honda Road that serves the Event Center to ensure a reliable water supply to the Event Center and reduce reliance of water drawn from San Gregorio Creek. • Installation of wildlife-friendly fencing to maintain an approximate 100’ riparian vegetation buffer for San Gregorio Creek and shaded spawning habitat for Coho salmon and steelhead. • Grading, resurfacing and drainage improvements to the roads as the Event Center to help reduce erosion and sedimentation entering San Gregorio Creek. La Honda Road Tunnel Undercrossing Since assuming management of the Event Center, staff continues to work with Caltrans to perfect the rights to use the tunnel that passes under La Honda Road and connects to the Preserve to the north. The tunnel allows for safe passage across La Honda Road to facilitate the transport of cattle to and from the Preserve using the livestock staging infrastructure located at the Event Center, and potentially also facilitate potential public parking at the Event Center as a future staging area for the Preserve. This item will return to the Board for approval once the transactional documents have been finalized with Caltrans. Long Term Grazing Lease for the Apple Orchard At the meeting of July 9, 2014, the Board authorized entering into an interim grazing license for the Apple Orchard with Wilson Cattle Company, a local rancher whose lands adjoin the Apple Orchard property, and returning to the Board with a long-term grazing lease as part of the proposed land purchase (Board Report R-14-94). As noted in previous reports, access to the Apple Orchard is constrained by San Gregorio Creek and seasonal tributaries on three sides. There are no developed crossings and access to the property is limited. Wilson Cattle Company has direct access to the Apple Orchard from their adjoining fields and has proven to be a responsible operator under the interim license. Therefore, the General Manager recommends entering into a 5-year conservation grazing lease with a 5- year option term for the Apple Orchard property with Wilson Cattle Company. The property will continue to be grazed annually with 20 to 25 Animal Units in accordance with the grazing principles approved in the Resource Management Plan for the property. One new provision will be added to the District’s standard grazing lease to clarify the District’s obligations for issuing IRS 1099 forms under the rental credit system for tenant improvements to grazing infrastructure, whether paid for or performed by the tenant. Apple Orchard Land Stewardship Projects Since entering into a Lease and Management Agreement with POST, the District has also initiated or completed a number of land stewardship projects to improve the landscape and R-15-101 Page 5 resource value of the Apple Orchard property and to protect the San Gregorio Creek Watershed. Those projects include: • Repairs to Apple Orchard perimeter fencing, installation of additional water troughs, and invasive plant control in focused areas to enhance conservation grazing and reduce impacts on riparian areas. • Apple Orchard ranch road inventory and assessment of need for repairs to manage runoff and reduce erosion (Best 2014) • Geotechnical investigations, design, and plan and permit submittal to the San Mateo County Resource Conservation District for ranch road repairs to be completed in late summer 2015. • Historical Structures Evaluation of the vacant 1,300 sq.ft. house and associated barn at the southwest corner of the property (Architecture + History, July 2015), which determined that the structures do not qualify as historic resources under criteria established by the California Environmental Quality Act (CEQA) guidelines. Due to restricted seasonal access from Sears Ranch Road and lack of a creek crossing from La Honda Road, lack of identified need by either the District or the grazing tenant, and the Historical Structures Evaluation’s conclusion that the structure does not qualify as a historic resource, it is recommended that the vacant residence, which is in fair condition, be removed and the site restored to a natural condition. Cost of removal is estimated to be $100,000 to $200,000. The associated barn will be repaired if deemed useful for grazing operation. If not, it will be included in plans to remove the house. La Honda Road Residence Management As part of POST’s purchase in 2012, the La Honda Road Residence was leased back to the former owner until November 1, 2015. The District assumed the lease in December 2013. Upon expiration of the lease, the District has the option to continue with the current occupant on a month-to-month rental basis while evaluating other District uses for this residence. This residence has been identified as a potential employee residence with good access from La Honda Road and good views of the Preserve and Event Center. Conservation Easement The 3 acre Conservation Easement is within the San Gregorio Creek riparian corridor, located on two residential parcels owned by POST to the west of the Event Center. Currently, POST leases the properties to Vida Verde Nature Education, a non-profit organization that uses the property for youth environmental education programs. The easement will secure a 50’ to 100’ setback from the top of bank along approximately 1200’ of San Gregorio Creek. The vegetation within the easement is in good condition and supports a wide variety of animal life, including habitat for the threatened Coho salmon and Steelhead trout. The water from the creek is an important resource for nearby agricultural uses. Located within one of the California Coastal Commission’s ten highest priority watersheds and one of nine creeks identified by the California Department of Fish and Wildlife for coho salmon reintroduction, the easement holds high natural resource conservation value. Acquisition by the District provides the opportunity to protect the conservation value in perpetuity. R-15-101 Page 6 To enhance protection of the conservation value, the District will install and maintain wildlife- friendly fencing and gates to define the extent of the easement and to protect the vegetation. The District will perform creek restoration and enhancements to improve creek flow and reduce sedimentation; conduct vegetation management such as removal of invasive non-native plants and replant with native vegetation; and install stream gauges to monitor water flow and quality. The conservation easement also offers the District another opportunity to work with partners and seek grant funding in the future to enhance the creek. Upon purchase, a Conservation Easement Baseline Document will be prepared by the District and POST as an accurate representation of the easement upon time of purchase. The Baseline Document is intended to serve as an objective basis for monitoring compliance with the terms of the easement, which the District will complete biannually. COASTSIDE PROTECTION PROGRAM PROCESS The subject properties are within the boundaries of the District’s Service Plan for the San Mateo County Coastal Annexation Area (Coastal Service Plan), adopted June 2003. The Coastal Service Plan and subsequent conditions approved by the San Mateo County Local Agency Formation Commission (LAFCo) established policies and procedures for conducting the Coastside Protection Program (Program). The Program now guides the District’s purchase, as well as the use and management of open space land within the Coastside Protection Area. USE AND MANAGEMENT Land Use Considerations The properties are comprised of six legal parcels located in unincorporated San Mateo County. All parcels have a General Plan designation of Open Space, with a zoning designation of RM (Resource Management District). La Honda Road west of Skyline Boulevard is designated as a County of San Mateo Scenic Corridor and is eligible for designation as a California State Scenic Highway. The San Mateo County Trails Plan identifies a proposed regional trail (Harrington Creek Trail P19) in the vicinity of the properties. Current land uses consist of grazing, pasturing, livestock staging, allowable uses of the Event Center by District permit, and a single family residence. Per the San Mateo County General Plan, the proposed uses of open space preservation, natural resource management, and low intensity recreation are allowable in rural areas with a RM designation. On July 8, 2015, the San Mateo County Planning Commission confirmed that the purchase and intended uses of the properties conformed to the General Plan designation at their meeting. The 292.16-acre Apple Orchard property is comprised of four legal parcels, with a potential development density of twenty one (21) residential sites. Development would be difficult because of the constrained access from La Honda Road and would require a vehicular bridge across San Gregorio Creek. The 11.83-acre Event Center and 3.65-acre La Honda Residence parcels are two separate legal parcels, each with a maximum development density of one residential site. There are no submissions for development on any of the parcels. Williamson Act Considerations The California Department of Conservation's Farmland Mapping & Monitoring Program (FMMP) indicates that the Apple Orchard contains 223 acres of Grazing Land, with the balance R-15-101 Page 7 being Other Land (steep wooded or scrub land unusable for agriculture). A 2.17 acre parcel of the Apple Orchard is subject to a Land Conservation Agreement, recorded on April 27, 1967 under the Land Conservation Act of 1965 (Williamson Act contract). The County of San Mateo filed a Notice of Non-Renewal for the property in 2011 and the Contract will terminate on December 30, 2020. If the purchase is approved, the District will continue to comply with the Contract provisions during the non-renewal period. Preserve Master Plan Considerations A Master Plan for the Preserve was approved by the Board of Directors in August 2012. Design for two new staging areas to support the Preserve’s expanding trail system is anticipated to begin later in 2015. Upon implementation of the new staging areas and trails identified in the Master Plan, the District will compile information on the new use patterns of the Preserve to determine any future public access and staging area needs. Event Center: Concurrent to studying new use patterns, the District will compile information on the type and frequency of events at the Event Center and determine if any changes are warranted. The District will also consider other possible uses for the Event Center such as public staging to access Preserve trails, a satellite field office to better serve the Coastside area, and additional natural resource protection of San Gregorio Creek. Apple Orchard: Upon entering into a lease with Wilson Cattle Company, the District will work with the grazing tenant to implement sound grazing practices and resource protection of tributaries to San Gregorio Creek. In the future, the District will need to further evaluate unimproved stream crossings on the access road from Sears Ranch Road and the seasonal crossing of San Gregorio Creek at La Honda Road to evaluate options for improving the creek crossings for year-round patrol access and to better support an onsite grazing operation, as well as evaluate the suitability of extending the Preserve trail system into this new area. La Honda Road Residence: After the expiration of the lease, the District will evaluate the suitability of the structure and its location as a potential employee residence or temporary Field Operations facility. The proximity of the house to the Event Center, La Honda Road, and the southern end of the Preserve make the site desirable for a District purpose. When undertaken, any subsequent planning process will analyze opportunities for natural resource management and public use compatible with surrounding rural land uses. The District may d evelop a specific Site Plan for the properties or amend the Master Plan to fully integrate them into the Preserve. Further environmental review will be prepared as needed. Conservation Easement: The District will continue to partner with other agencies to enhance the creek and to support the environmental educational mission of POST’s lessee. Amended Preliminary Use and Management Plan The Amended Preliminary Use and Management Plan (PUMP), establishes a status quo land management approach in the interim between purchase and the completion of a subsequent long- term plan. The Board of Directors approved the original PUMP in December 2013 as part of a Lease and Management Agreement with POST. The Amended PUMP (Attachment 5) would take effect at the close of escrow and remain effective until the PUMP is further amended or a Comprehensive Use and Management Plan, Amended Preserve Plan, other site planning is R-15-101 Page 8 completed. If changes to land use or the physical environment are proposed in the future, the plan would be subject to further environmental review and public input. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) COMPLIANCE Project Description The project consists of the purchase of 307.64 acres of property in unincorporated San Mateo County for open space preservation purposes, the purchase of a 3-acre Conservation Easement over a defined riparian buffer zone abutting San Gregorio Creek for riparian habitat preservation purposes, and a concurrent adoption of an Amended Preliminary Use and Management Plan to manage the property as part of the District’s La Honda Creek Open Space Preserve until further long-term planning has been completed and adopted by the Board of Directors. The District would manage the properties in their existing condition. The Apple Orchard will be closed to the general public and grazed for conservation purposes as recommended in the Driscoll Ranch Resource Management Plan (Rana Creek et al 2005, amended June 2014). The vacant house and barn on the Apple Orchard have been independently assessed for potential historic value and it has been determined that the structures do not qualify as historic resources under criteria established by CEQA guidelines (Architecture + History, 2015). The vacant house has been identified for eventual demolition. The Event Center property will remain open to the public on a permit basis, subject to the use requirements identified in the Event Center Facilities Use Agreement. The La Honda Road Residence will continue to be rented and minor maintenance and repair of the existing infrastructure and improvements will occur. The Conservation Easement will be closed to the general public and managed for its conservation values. The properties are within the boundaries of the District’s Service Plan for the San Mateo County Coastal Annexation Area. The Service Plan and Final Environmental Impact Report (FEIR) incorporated policies, guidelines, and mitigations to ensure compatibility with the County General Plan and Local Coastal Plan. Actions to purchase the property and implement the Amended Preliminary Use and Management Plan are in compliance with the Service Plan and FEIR. Proposed uses are in compliance with the County of San Mateo’s General Plan. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA under Article 19, Sections 15301, 15262, 15316, 15323, and 15061(b)(3) of the CEQA Guidelines as follows: Section 15301 Existing Facilities exempts operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. Section 15262 exempts a project involving only feasibility or planning studies for possible future actions which the agency has not approved, adopted, or funded. The project may require further planning studies regarding changes to rangeland or agricultural resource management in the future. No decisions are being made now about future physical changes to use, management or improvements on the property. Section 15316 exempts the acquisition of land in order to create parks if the land is in a natural condition, and the management plan proposes to keep the area in a natural condition. R-15-101 Page 9 Section 15323 consists of the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same or similar kind of purpose. For the purposes of this section, "past history" shall mean that the same or similar kind of activity has been occurring for at least three years and that there is a reasonable expectation that the future occurrence of the activity would not represent a change in the operation of the facility. The Event Center will continue to operate in a similar (or reduced) capacity as in the past. Section 15061(b)(3) exempts actions recommended in the Amended Preliminary Use and Management Plan as there is no possibility the actions may have a significant effect on the environment. TERMS AND CONDITIONS The proposed purchase of the 307.64 acre POST Apple Orchard and Event Center properties and the 3 acre San Gregorio Creek Conservation Easement is at a purchase price of $5,895,000 on an all cash basis. The Apple Orchard and Event Center properties are valued at $5,800,000, which is based on a 2012 fair market appraisal commissioned by POST and the price paid by POST to acquire these properties. The Conservation Easement is valued at $95,000 based on a fair market value appraisal commissioned by the District in 2015. As part of the District’s Lease and Management Agreement with POST, the following lease and license agreements were assigned to the District and remain in effect until they expire: • La Honda Residence lease expires on November 1, 2015 • Equestrian License for boarding horses at the Event Center expires November 1, 2017 At the close of escrow, the Lease and Management Agreement with POST will terminate. As part of this transaction, the District will reimburse POST in the amount not to exceed $40,000 to complete repairs to the Apple Orchard access road from Sears Ranch Road. Repair work includes engineered reconstruction of road fill and drainage improvements. These funds will be held in an escrow impound account and released upon completion of all required work and final sign-off. Any unused funds will be returned to the District after completion of this project. It is anticipated that this work will be completed by the end of the summer of 2015. Therefore, the total cost of this transaction will not exceed $5,935,000. The purchase agreement also includes a covenant that provides POST a period of five years to recognize significant donors through the naming of a specific location, land formation, trail, or other natural feature on the property, in accordance with the District’s “Policies for Site Naming and Gift Recognition”, which require Board Committee approval of naming proposals. San Gregorio Creek Conservation Easement The conservation easement will protect in perpetuity the property’s conservation values, including significant scenic, riparian, habitat and natural values. The conservation easement has a 100 foot buffer from the top of the creek bank and 50 foot buffer at the 5354 La Honda Road residence. The easement provides for the following District and Owner uses on the easement property: 1. District Rights • Restore and improve Creek flow and reduce sedimentation, restore and enhance riparian habitat R-15-101 Page 10 • Install and maintain wildlife friendly fencing along boundary of easement • Install stream gauge to monitor water flow and quality 2. Owner Rights • Educational and recreational trail use including hiking, walking and wildlife observation • Reserved San Gregorio Adjudicated water rights for domestic and agricultural uses • Use of existing riparian crossing on San Gregorio Creek FISCAL IMPACTS Fiscal Year (FY) 2015–2016 Budget for New Land Purchases: New Land Purchases Budget (FY 2015-16) $11,000,000.00 Previous Land approved for purchase this year ($ 1,745,000.00) POST Apple Orchard, Event Center, La Honda Road Residence, and Conservation Easement ($ 5,895,000.00) New Land Purchase Budget Remaining $ 3,360,000.00 The District Controller was consulted on this proposed purchase and has indicated that, considering cash flow and account balances, funds are available for this property purchase. Current Coastside Protection Area Fiscal Considerations The Apple Orchard and Event Center properties are located within the service area of San Mateo County Fire. However, under the terms of the District/County Fire agreement, the District is not required to pay a County Fire fee when the District leases the property for a private agricultural or residential use, which is subject to a possessory interest tax. The use of the livestock corrals at the Event Center is included in the grazing lease of the Driscoll Ranch area of the Preserve with AgCo Hay Company Inc., the Apple Orchard is leased to Wilson Cattle Company and the La Honda Road residence is currently rented as a private residence. Therefore, no County Fire fee is required. Only the Apple Orchard property is located within the service area of the La Honda-Pescadero Unified School District. Under the terms of the District/School agreement, the District would pay $2,948.86, which would increase annually by 2%. This amount will be reduced by the amount of the possessory tax paid by the District’s grazing tenant, Wilson Cattle Company. The possessory tax will not be calculated by the County until 2016 and will be deducted from the District’s School service fee at that time. BOARD COMMITTEE REVIEW The Real Property Committee held their meeting at the Event Center on June 23, 2015 to receive public input on the proposed purchase. Notice of the meeting was distributed on June 17, 2015 to property owners adjacent to or surrounding the property and over 300 interested parties. All members of the Real Property Committee were in attendance. Thirteen members of the public and two POST staff members attended the meeting, including three neighbors who reside on La Honda Road and representatives of both the equestrian and environmental education community. Staff provided an overview of the properties, described how they would be managed as an extension of the Preserve, reviewed the proposed Amended PUMP, the purchase terms, and some of the long term planning considerations that may direct use of the properties in the future as the Preserve Master Plan is implemented. Staff responded to questions from the public R-15-101 Page 11 regarding the type (equestrian events/trainings, agricultural/environmental education, group rides and team roping) and number of users (up to 50 participants and up to 8 events per year) allowed for the Event Center under a Facilities Use Agreement, access from the Event Center to the Preserve (via the La Honda Road tunnel), and if there were any immediate plans to provide a bridge crossing to access the Apple Orchard property from La Honda Road (No plans to provide bridge; however, the access road from Sears Ranch Road will be improved to provide more year round access). The Real Property Committee approved recommending this purchase to the full Board of Directors in a vote of 3-0. PUBLIC NOTICE Property owners adjacent to or surrounding the subject property, interested parties, Coastal mailing list and the La Honda Creek Master Plan mailing list have been mailed written notice of this agenda item. The agenda and this report have been made available on the District’s website. Moreover, the Coastside Protection Program requires solicitation of public input into the planning process prior to the Board’s consideration of an acquisition. On June 17, 2015, the District notified contiguous property owners and over 300 interested parties in writing of the proposed purchase of these properties and on opportunities to provide comment. On June 23, 2015, the District’s Real Property Committee held their publically-noticed meeting on the site. Thirteen members of the public attended and provided input. The District’s coastside land purchases are also subject to a Memorandum of Understanding between the San Mateo County Farm Bureau and the District. In accordance with this memorandum, District staff presented information and solicited comments on the proposed purchase at a Farm Bureau meeting on June 1, 2015 and at the Agricultural Advisory Committee on June 8, 2015. Both the Farm Bureau and the Agricultural Advisory Committee were supportive of the purchase and the proposal that grazing of the Apple Orchard continues under a longer term lease with the Wilson Cattle Company. Accordingly, all notice required by the Brown Act and the Coastal Protection Program has been provided. NEXT STEPS Upon approval by the District’s Board of Directors, the President of the Board will execute the Purchase Agreement with POST. The following steps will ensue: 1. After the close of escrow of the Apple Orchard and Event Center properties, staff will implement the provisions of the Amended PUMP and the Skyline Field Office will continue to patrol and manage the properties as part of the Preserve. 2. After close of escrow of the San Gregorio Conservation Easement, District and POST staff will prepare a baseline document of the existing condition of the property for conducting annual easement monitoring of the property. 3. The General Manager will execute a long-term lease agreement with Wilson Cattle Company for conservation grazing on the Apple Orchard. 4. Staff will continue to implement provisions of the Facilities Use Agreement and fee schedule for the Event Center. Staff will also continue to work with Caltrans to perfect the rights to utilize the Caltrans tunnel under Highway 84. R-15-101 Page 12 Attachments: 1. Properties Location Map 2. Apple Orchard Map 3. Event Center and Conservation Easement Map 4. Memo to the Board, July 23, 2014 5. Amended Preliminary Use and Management Plan 6. Resolution Authorizing Acceptance of Purchase Agreement Prepared by: Elish Ryan, Real Property Planner III Michael Williams, Real Property Manager Contact person: Michael Williams, Real Property Manager Graphics prepared by: Michele Childs, GIS Technician Tunitas Haskins Hill ) E ú ) E ) ) E " E ) EEEE " " " " É É La Honda Creek Open Space PreserveDriscoll Ranch AreaRedgateRanch Djerassi Resident Artists Sam McDonald(S.M. Co. Park)SF Youth Authority Russian RidgeOpen Space Preserve LA HONDA Bogess Cre e k San Gre g o r i o C r e e k C l e a r C r e e k M indeg o C r e e k L a H o n d a C r e e k W e e k s Creek L angleyCre e k Woo dha m s C r e e k W o o d r u f f C r e e k Kingston Creek AlpineCree k Pi n e Tree Gulch R a p l e y C r e e k W o o d h a m s C reek La Honda C r e ek L a n g l e y C r e e k W o o druff Creek Midpeninsula RegionalOpen Space DistrictAttachment A: PO ST Appl e O rch ar d & Eve nt C en ter June, 2015 Path: G:\Projects\La_Honda_Creek\Driscoll\AppleOrchard&EventCenter\AppleOrchard_BoardPacket_8.5x11.mxd Created By: chiatt 0 10.5MilesI (MROSD)Other Protected Open Spaceor Park Lands 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. Structure ! ! ! ! ! ! ! ! ! ! ! ! ! Palo Alto Redwood City R u s s i a n R i d g e Area ofDetail £¤280 Apple Orchard & Event Center Driscoll Ranch MROSD Preserves Other Public Agency Land Trust Private Property Developed Land Non MROSD Conservation or Agricultural Easemen t S e a r s R a n c h R d Apple OrchardProperty Event Center £¤84 £¤84 5711 La Honda Rd. É LA H ONDA LowerTurtle UpperTurtle ReflectionLake Se a r s RanchR d 84 84 La Honda Cr ee k Op en Sp ace P re se rve(Form er Driscoll Ra nch Are a) LaHonda C r e e k SanGrego ri o C r e e k APN: 083-361-100Apple O rchar d APN: 083 -361 -04 0 APN : 082 -150 -04 0 APN: 082-150-030 Midpenin s ul a Reg io na lOpen Space D is tr ictAttachment B : PO ST A p p l e O rc ha rd Pr op er ty May, 2015 Path: G:\Projects\La_Honda_Creek\Driscoll\AppleOrchard&EventCenter\AttachmentB_PO STAppleOrchar d.pd f.m xd Created By: mchilds 0 0.40.2Miles (MROS D) Whi le th e Distr ic t strive s to use the b est av ailab le d igital d ata, th is d ata d oe s no t r ep r ese nt a legal sur ve y and is merel y a gra ph ic illu stratio n o f ge ograp hi c f eatu res. Pe re nia l S tr e a m L a H o n d a C r e e k Area ofDetail 280La Honda Creek Open Space Preserve(Driscoll Ranch Area) High wa y or M ajor Roa d Un ma in ta ine d Road W id th Dri s col l Ran ch Ap pl e O rc har d (2 92 t ota l a cr es ) Interm i t te nt S t r ea m Season al Only Cr ossing Pav e d Ro ad 3584 Seasonal O n ly Cr ossin g VacantResidence Str u ctur eMROSD Pr ese rv e s Proposed Riparian Easement 84 La Honda Cre ek Open Space Pr eserve(Driscoll Ranch Area) Event C enter11.83 acresAPN:82-130-130 5730 L a Honda Rd .4.34 acresAPN: 82-130-120 5354 L a Ho nda Rd .5.99 acresAPN: 82-130-110 S a n G r e g orioCreek 5711 La Ho nda Rd .3.65 acresAPN: 82-140-010 Source: Esri, Dig italGlobe , Ge oEye, i-cube d, USDA, USGS, AEX, Ge tmapp ing, Ae ro grid, IGN, IGP,swissto po, an d the GIS User Co mmunity Midpenin s ul a Reg io na lOpen Space D is tr ictAttachment C: P O S T E v e n t Ce nt e r May, 2015 Path: G:\Projects\La_Honda_Creek\Driscoll\AppleOrchard&EventCenter\AttachmentC_EventCente r.mxd Created By: mchilds 0 500250Feet (MROS D) Whi le th e Distr ic t strive s to use the b est av ailab le d igital d ata, th is d ata d oe s no t r ep r ese nt a legal sur ve y and is merel y a gra ph ic illu stratio n o f ge ograp hi c f eatu res. Rip a r ia n Ar ea (1 00 ft w it h 5 0 ft s etb a ck at h ou se) Ripar ian Wi ld li fe Fr ien d ly Fen ce L ine (~ 5 0-10 0 ft setb a ck ) AttachmentC_Eve n t Ce n t e r&".mx d" La Hond a Cr e ek O pe n S p ace Pre s er ve Access Tunnel E v en t C en t er PO ST Pa rc el s DATE: July 23, 2014 MEMO TO: Board of Directors THROUGH: Steve Abbors, General Manager FROM: Michael Williams, Real Property Manager and Elaina M. Cuzick, Real Property Specialist SUBJECT: Event Center, Facilities Use Agreement _____________________________________________________________________________ On December 11, 2013, the District entered into a Lease and Management Agreement with Peninsula Open Space Trust (POST) to manage the former Driscoll Ranches Apple Orchard and Event Center properties (R-13-106). At this meeting, the Board authorized the General Manager to “Develop a Facilities Use Agreement and work with equestrian user groups to formalize their role in the maintenance of the equestrian facilities and to supplement the repair and maintenance work”. In addition, the Board agreed to continue the following uses at the Event Center: a) Livestock staging and processing to support conservation grazing at the Preserve (via the grazing lease) b) Staging for organized/group rides and access to the tunnel and Preserve roads and trails (via District use permit) c) Agricultural and environmental education events (via District use permit) d) Equine/Livestock Clinics and Trainings (via Facility Use Agreement) e) Team Roping (via Facility Use Agreement) f) LGBT Rodeo for a period of up to two years (via Facility Use Agreement) Accordingly, the District has developed a Facilities Use Agreement and is working with equestrian user groups to formalize their role in the maintenance of the equestrian facilities at the Event Center to reduce the repair and maintenance costs for managing the Event Center. This memorandum informs the Board as to the progress in developing a Facilities Use Agreement, and the approach to ensuring the Event Center is maintained during the above mentioned uses with minimal impacts to District staff and resources. Facilities Use Agreement As part of the research for preparing a Facilities Use Agreement, staff surveyed the agreements of similar equestrian event facilities located in the Bay Area. The Woodside Horse Park agreement offered the best model for the District. From these examples, the District has prepared an agreement that addresses use, insurance, indemnity, applicable dates, types of fees, rules for use of the various areas of the event center, and licensee responsibilities. Attachment 4 The agreement also includes an interim fee schedule in lieu of a Board-approved fee schedule to allow events to occur as early as this summer and during the District’s two-year interim lease arrangement for the Event Center. Should this property return to the Board at a later date for consideration of its purchase and fee title ownership, the General Manager would also include an Event Center fee schedule for Board consideration and approval. The interim fee schedule that would apply during the leasehold is consistent with prior Board direction to minimize the impacts to District staff and fiscal resources resulting from use of the Event Center by special user groups. The interim fee schedule includes a refundable deposit and fees to reimburse the direct costs for site preparation and ongoing maintenance, as further described below. Deposits ∙ A cleaning and/or damage deposit, which is refunded if the Event Center is left in clean and undamaged condition at the conclusion of the event. The cleaning and/or damage deposit is based on the nature of the event, and the number of days of use of the facility. Facility Use Fee ∙ The use fee is commensurate with the number of days of use of the facility. ∙ For uses that provide a public benefit, such as environmental or agricultural education, only a facility deposit is charged. ∙ Equestrian training events that provide a valuable public benefit and serve to further District goals, such as mounted search and rescue groups who provide training to assist in the search for members of the public who are lost or injured on District trails, may also qualify for a waived facility use fee. Event Center Fee Schedule Cleaning and/or Damage Deposit Environmental & Agricultural Education Organizations $0 Trail Ride/Ranch Event/Equestrian Single Day $125 Equestrian Multi Day $175 Facilities Use Fee Environmental & Agricultural Education Organizations $0 Trail Ride/Ranch Event $100 Equestrian Single Day $350 Equestrian Multi Day $450 Managing a recreational center such as the Event Center is new to the District. The General Manager anticipates that modifications will be made over time to the Facility Use Agreement to better address new issues as they emerge. A revised agreement and updated fee schedule would be brought to the Board at a later day as part of a future purchase should the District desire to purchase the property. Tentative Schedule of Events for 2014 Currently, three equestrian groups have indicated an interest in using the Event Center this year with one confirmation. The Bay Area Savvy Players have signed a Facilities Use Agreement to use the Event Center on July 25, 26, and 27. The San Mateo County Sherriff’s Mounted Search & Rescue group is interested in using the Event Center for one day in September, and the San Mateo County Horseman would like to hold a multi-day training in the fall. Attachment 4 Next Steps The District, with the assistance of the Driscoll Ranch grazing tenant, will prepare for the first Bay Area Savvy Players event at the facility later this month. This will be a multi-day event with a maximum number of fifty (50) attendees. Operations and Real Property staff will monitor and evaluate this event and make any appropriate changes for future events. A brief update of this event will be included in a future biweekly report. A fee schedule would be brought to the Board for consideration as part of the proposed purchase of the Event Center, which may occur in 2015. Attachment 4 Attachment 5 Apple Orchard, Event Center, La Honda Road Residence, and Conservation Easement Amended Preliminary Use and Management Plan Page 1 of 5 Preliminary Use and Management Plan Apple Orchard, Event Center, La Honda Road Residence, and Riparian Conservation Easement as additions to La Honda Creek Open Space Preserve Proposed for Adoption July 22, 2015 Interim Property Management: Apple Orchard – Convert interim grazing license with Wilson Cattle Company to long-term grazing lease, per terms and conditions as described in the July 22, 2015 Board Report (R15-101). Event Center - Continue operation subject to the conditions of a Use Permit or the Event Center Facilities Use Agreement as accepted by the Board of Directors on July 22, 2015. Continue to seek partners to assist with operation and maintenance of the Event Center until such time as the District has determined the best future use of the property, as discussed further in the Amended PUMP’s Event Center Subsequent Planning section. Continue Equestrian License issued to the former owner for boarding of up to 5 horses until expiration of the license on November 1, 2017. Under the General Manager’s authority, the District may then continue on a month-to- month basis with the existing tenant until such time as the District has determined the future use of the property, as discussed further in the Amended Preliminary Use and Management Plan’s Event Center Subsequent Planning section. Real Property staff to continue to perfect District’s rights to utilize the Caltrans tunnel under Highway 84 to provide access from the Event Center to the existing La Honda Creek Open Space Preserve. La Honda Road Residence - Continue residential lease until it expires on November 1, 2015. Under the General Manager’s authority, the District may then continue on a month-to-month basis with the existing tenant until such time as the District has determined the future use of the residence, as discussed further in the Amended PUMP’s La Honda Road Residence Subsequent Planning section. Conservation Easement – Provide notification to POST and their designated lessee and coordinate accordingly prior to commencement of any resource conservation activities in the Easement area. Attachment 5 Apple Orchard, Event Center, La Honda Road Residence, and Conservation Easement Amended Preliminary Use and Management Plan Page 2 of 5 Public Access: Apple Orchard - Designate the property as closed to general public access until the La Honda Creek Open Space Preserve Master Plan is amended to include the property, except for infrequent docent-led hiking tours. Event Center – Continue limited public access, subject to the provisions of the Event Center Facilities Agreement or a Use Permit, until a Site Plan is adopted and/or the La Honda Creek Open Space Preserve Master Plan is amended. Restrict public access to the fenced-off riparian buffer zone of the site to protect natural resources. La Honda Road Residence – Designate the property as closed to general public access as this time. Conservation Easement - Designate the easement area as closed to general public access. Access by POST and their designated lessee is subject to the terms and conditions of the executed San Gregorio Creek Conservation Easement. Signs and Site Security: All properties - Install and maintain closed area and preserve boundary signs where appropriate on all properties. Structures and Improvements: Apple Orchard - Based upon the Historic Structures Evaluation performed in 2015 that indicated that the vacant house and associated open barn have not met the criteria for historic significance, demolition is recommended. Until method of demolition and removal of materials is determined and undertaken, disconnect any remaining utilities, board up all windows and doors on the house, and secure structures as needed. Complete all necessary testing and remediation of any asbestos-containing material or lead-based paint in the structures prior to demolition. Perform basic repairs and maintenance to the open barn if deemed useful for grazing operation. If not, include barn in plans for demolition and removal of the house. Event Center - Remove stairs and upper platform railings of large announcement platform to the extent necessary to eliminate access but not compromise structural integrity of connecting structures. Perform routine maintenance and repairs on remaining buildings and infrastructure on the site as needed to ensure safe use of site during permitted public events. La Honda Road Residence - Perform routine maintenance and habitability repairs. Resource All Properties – Attachment 5 Apple Orchard, Event Center, La Honda Road Residence, and Conservation Easement Amended Preliminary Use and Management Plan Page 3 of 5 Management: • Control invasive plant and animal species and perform re-vegetation as needed, with methods consistent with the District’s adopted Integrated Pest Management Guidance Manual’s recommendations. • Support partner agencies involved with in-stream or riparian restoration on San Gregorio Creek to enhance Steelhead trout/Coho salmon habitat. • Coordinate with appropriate state and local agencies to ensure that District’s resource management of these properties aligns with regional watershed protection enhancement goals. Apple Orchard - Use conservation grazing, consistent with the Amended Driscoll Ranch Resource Management Plan (amended June 2014), as a vegetation management tool to reduce invasive weeds and encourage native grasses within the property’s grasslands. Conservation Easement – Work with POST to develop Baseline Document. Install stream gauges to monitor stream flow and water quality in San Gregorio Creek. Conduct vegetation management such as removal of invasive non-native plants and replant with native vegetation. Monitor easement area biannually. Rangeland Management: Apple Orchard - Continue year-round grazing as recommended in the Driscoll Ranch Resource Management Plan (Rana Creek et al 2005, amended June 2014). Perform routine inspections to ensure grazing lessee’s compliance the District’s Rangeland Monitoring program and terms of the lease. Patrol: All properties - Routinely patrol all properties. Wildfire Fuel Management: Apple Orchard, Event Center, La Honda Road Residence - Conduct conservation grazing for reduction of fuel, implement defensible space protocols within 100’ of all structures, and other current District-wide fuel management practices as appropriate. Further assess vegetative communities on each of the properties to determine wildfire management needs and consult with San Mateo County and the California Department of Forestry and Fire Protection in developing site-specific fuel modification and management programs as part of the subsequent planning process. Fences and Gates: Apple Orchard - Maintain gates and fences as necessary. Install new fences and gates as necessary to prevent unauthorized vehicular entry at the property boundaries. Event Center – Maintain gates and fences as necessary. Maintain riparian Attachment 5 Apple Orchard, Event Center, La Honda Road Residence, and Conservation Easement Amended Preliminary Use and Management Plan Page 4 of 5 buffer zone fencing to restrict access to this area of the site. La Honda Road Residence – Maintain gates and fences as necessary. If feasible, install and maintain livestock fencing and gates around the perimeter of the residential lease area to allow grazing for conservation and fire suppression purposes. Conservation Easement - Install wildlife-friendly fencing to demarcate 100 and 50 foot setbacks from top of bank. Install gates for access to stream gauge and stream crossing in San Gregorio Creek, and for environmental education purposes. Roads and Trails: Apple Orchard - Keep existing ranch roads for seasonal use, in coordination with the grazing tenant. Limit use of San Gregorio Creek crossing to April 15 through October 15. Per a detailed road and trail assessment of the property prepared in 2014, complete road repairs in the vicinity of Sears Ranch Road. Event Center – Maintain entrance road and internal circulation as needed. La Honda Road Residence – Perform minor erosion control and repair of access road as needed. Coastal Service Plan: All properties - Operate and manage all the properties in conformity with the provisions of the Coastal Service Plan for the Coastside Protection Program, and the mitigation measures adopted pursuant to the Coastal Service Plan Environmental Impact Report. Site Safety Inspection: Event Center – Perform routine inspection and repair of corrals, pens, fences, and other infrastructure used by the public during permitted special events or use permits. Name: All properties - Incorporate as additions to the La Honda Creek Open Space Preserve. Dedication: All properties - Withhold dedication of all properties as open space at this time. Attachment 5 Apple Orchard, Event Center, La Honda Road Residence, and Conservation Easement Amended Preliminary Use and Management Plan Page 5 of 5 Subsequent Planning: Apple Orchard - Develop a long-term site plan to fully integrate the property into the Preserve. Evaluate unimproved stream crossings on the access road from Sears Ranch Road and the seasonal crossing of San Gregorio Creek at La Honda Road to consider options for future improvements of stream crossings for year-round patrol access and to better support an onsite grazing operation. As part of subsequent planning efforts, evaluate the suitability of extending the Preserve trail system into this new area. Event Center – Upon implementation of the new staging areas and trails identified in the Preserve Master Plan adopted in August 2012, compile information on the use patterns of the Preserve, including type and frequency of events at the Event Center. Determine if any changes or further site planning for the Event Center for allowed uses and events is warranted. As part of any subsequent planning for long-term uses on the site, the District may consider other possible uses for the Event Center such as public staging and access to trails in the Preserve, as a satellite field office in the Coastside area, and to perform additional natural resource protection enhancement for the benefit of San Gregorio Creek fisheries. La Honda Road Residence – Upon expiration of the residential lease on November 1, 2015, evaluate the possible use of the site as an employee residence, temporary Field Operations facility, or other residential use. All Properties - Subsequent planning for all properties will be done in accordance with the District’s Coastal Service Plan, including consultation with appropriate agencies and organizations. The planning process will include public workshops to gather input and public hearings to review draft and final plans. When additional studies of have been completed and preferred long-term uses identified, the District will complete necessary environmental assessment under the California Environmental Quality Act (CEQA), and determine if it is appropriate to amend the Preserve Master Plan at that time. Attachment 6 Resolutions/2015/15-__POST Apple Orchard/Event Center 1 RESOLUTION NO. 15-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ENTRY INTO A PURCHASE AGREEMENT WITH PENINSULA OPEN SPACE TRUST; AUTHORIZING THE GENERAL MANAGER OR OTHER OFFICER TO EXECUTE ACCEPTANCE OF THE GRANTS TO DISTRICT, AND AUTHORIZING THE GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO THE CLOSING OF THE TRANSACTION (LA HONDA CREEK OPEN SPACE PRESERVE - LANDS OF PENINSULA OPEN SPACE TRUST – APPLE ORCHARD, EVENT CENTER AND SAN GREGORIO CREEK PROPERTY INTERESTS) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: SECTION ONE. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement with the Peninsula Open Space Trust (POST) and the Midpeninsula Regional Open Space District, a copy of which purchase agreement is attached hereto and by reference made a part of, and authorizes the President of the Board of Directors or other appropriate officer to execute the Agreement on behalf of the District. SECTION TWO. The General Manager, President of the Board of Directors or other appropriate officer is authorized to execute the Grant of Conservation Easement on behalf of the District. SECTION THREE. The General Manager, President of the Board of Directors or other appropriate officer is authorized to execute Certificates of Acceptance for the Grant Deed and Grant of Conservation Easement on behalf of the District. SECTION FOUR. The General Manager or the General Manager’s designee is authorized to expend up to $250,000.00 to cover the cost of title insurance, escrow fees, access road repairs, demolition and clean up, site improvements, and other miscellaneous costs related to this transaction. SECTION FIVE. The General Manager or the General Manager’s designee shall cause to be given appropriate notice of acceptance to POST. The General Manager is further authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. SECTION SIX. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Purchase Agreement, Conservation Easement, and other documents in escrow which do not involve any material change to any term of the Agreement or Conservation Easement, which are necessary or appropriate to the closing or implementation of this transaction. SECTION SEVEN. The purpose of this Section is to enable the District to reimburse its general fund for the cost of certain land acquisitions. The District wishes to finance certain of these real property acquisitions and expects to use taxable or tax-exempt debt, such as bonds, but such financing is not cost-justified for the District unless the principal amount of the financing is large enough to justify the related financing costs. Consequently, it is the District’s practice to buy property with its general funds and, when a financing is cost-justified based on the aggregate value of acquisitions, to issue obligations to reimburse itself for previous expenditures of general funds. These general funds are needed for operating and other working capital needs of the District and are not intended to be used to finance property acquisitions on a long-term basis. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on _____, 2015, 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 R-15-110 Meeting 15-19 July 22, 2015 AGENDA ITEM 8 AGENDA ITEM Approval of Memorandum of Understanding with Midpeninsula Regional Open Space District Field Employees Association and Approval of Salary and Benefits for the Office, Supervisory, and Management Employees GENERAL MANAGER’S RECOMMENDATIONS 1. Adopt a resolution approving the Memorandum of Understanding with the Midpeninsula Regional Open Space District Field Employees Association, for a term of July 1, 2015, through June 30, 2018. 2. Adopt a resolution approving the Salary and Benefits for the Office, Supervisory, and Management employees, effective July 1, 2015. 3. Approve an update to the District’s Fiscal Year 2015-16 Classification and Compensation Plan. 4. Approve the new “Lead Ranger” classification. SUMMARY A new Memorandum of Understanding (MOU) with the Field Employees Association (FEA) has been negotiated for a three-year term expiring June 30, 2018. The provisions of the new MOU were ratified by FEA membership on June 27, 2015. The provisions agreed to during negotiations achieve a new level of cooperative interests between the District and the FEA not previously achieved. The new MOU is clearer and more concise in its language, which will help to minimize misinterpretations between the parties. It is also up to date with applicable state and federal law and contains an economic package for the FEA that is competitive and in alignment with Board Policy 2.03 Employee Compensation Guiding Principles. The General Manager recommends approval of the new MOU by adoption of the attached resolution, approval of related classifications, and updating the FY 2015-16 Classification and Compensation Plan. The General Manager also recommends approval of salary and benefit adjustments to the Office, Supervisory, and Management employees that are equivalent to the adjustments approved for the FEA. Approval of the attached resolution for Office, Supervisory, and Management (OSM) employees and an update to the FY 2015-16 Classification and Compensation Plan will enable the District to implement these changes. R-15-110 Page 2 DISCUSSION Background The Field Employees Association is the exclusive labor relations bargaining representative for the District’s Open Space Technicians, Lead Open Space Technicians, Equipment Mechanic Operators, Farm Maintenance Worker, and Rangers. On November 28, 2012, the District approved a three-year contract with the FEA (R-12-118) which covered a period from July 1, 2012 through June 30, 2015. The District and the FEA entered into contract negotiations in March 2015. The FEA’s negotiating team was comprised of Tim Cantillon, Labor Representative from Goyette and Associates; Grant Kern, FEA Board President and Equipment Mechanic Operator; Don Mackessy, Lead Open Space Technician; Eric Stanton, Equipment Mechanic Operator; Elisa Stanton, Alex Hapke, and Anthony Correia, Rangers. The District’s negotiating team included Jack Hughes, Labor Attorney from Liebert, Cassidy and Whitmore; Kevin Woodhouse, Assistant General Manager; Michael Newburn, Operations Manager; Hilary Stevenson, Assistant General Counsel; and Candice Basnight, Human Resources Supervisor. The District and the FEA negotiating teams successfully reached tentative agreement on the proposed three-year MOU on June 11, 2015. The tentative agreement was ratified by a FEA majority on June 27, 2015. In the past, the Board has approved the same economic changes for the Office, Supervisory and Management employees as for the FEA. The General Manager recommends continuing this practice for the next three years in order to maintain District-wide alignment within the compensation plan and to consistently administer benefits. Compensation for the three Board Appointees is considered separately as part of their annual contract renewal process. Summary of New MOU for FEA and Changes for OSM Employees Attachment 3 provides a detailed list of negotiated provisions in the FEA MOU. The Final MOU language is attached to the Resolution in Attachment 1. Economic changes for OSM employees are detailed in the attachment to the Resolution provided in Attachment 2. The economic package for the FEA and OSM employees, as well as other important negotiated agreements with the FEA is summarized below. Salary Adjustments – The following salary increases will be effective at the beginning of the pay period, which includes each specified effective date. • Year 1: 3% salary adjustment upon ratification and board approval, except for the position of Equipment Mechanic Operator which will receive an 8% salary adjustment. The General Manager recommends this salary adjustment be retroactive to July 1, 2015; • Year 2: Effective July 1, 2016, a salary adjustment equal to the San Francisco Area Consumer Price Index for all Urban Consumers (CPI) for the year preceding the adjustment from February to February. The salary adjustment shall be not less than 2% or greater than 3%; R-15-110 Page 3 • Year 3: Effective July 1, 2017, a salary adjustment equal to the CPI for the year preceding the adjustment from February to February. The salary adjustment shall be not less than 2% or greater than 3%. New Classification -- Creation of a “Lead Ranger” classification, established at 5% above the Ranger classification. (In addition, the Lead Open Space Technician (“LOST”) job description has been revised to clarify that the LOST is responsible for supervising Seasonal Open Space Technicians as shown in Attachment 6.) The creation of the Lead Ranger classification and the change to the LOST responsibilities provide additional opportunities for skill development and career growth to the Ranger and Maintenance staff. Promotions of internal staff to higher levels of leadership in the District become more feasible with the new and revised classifications. These changes also serve to attract and maintain a qualified workforce and prepare the District to increase field staffing levels in the future. Medical Benefits – Effective the first pay period at the beginning of the month following contract ratification and District Board approval, the District contribution to medical insurance Cafeteria Plan will increase approximately $150 per month for each coverage tier: Current Contribution New Contribution Employee Only $662 $810 Employee + 1 $1,225 $1,375 Family $1,563 $1715 If the employee selects a plan with a greater premium cost than the District contribution, the employee will pay the additional premium cost. If the employee selects a plan with a lower premium than the District contribution, an employee will have contributions remaining in the Cafeteria Plan and may apply this to other qualified benefit costs or receive the difference in cash. If the employee elects to waive medical coverage, the employee will receive an amount equal to one-half of the District’s Employee Only contribution. The waiver may be applied to other benefit costs or received in cash. In the past the District’s contribution to medical benefits was set by a formula tied to the lowest cost medical plan, which fluctuated annually. The new formula provides for a more predictable economic impact to individual employees and the District. In the second and third year of the agreement, increases to the District contribution to medical will be based on the CPI, with a guaranteed increase of at least 2% but not more than 3%, which also provides stability in costs to the employee and District. • Year 2: Effective July 1, 2016, District Cafeteria Plan contributions will be adjusted according to the CPI from February to February. The July 1, 2016 Cafeteria Plan adjustment will be no less than 2% or greater than 3%. • Year 3: Effective July 1, 2017, District Cafeteria Plan contributions will be adjusted according to the CPI from February to February. The July 1, 2017 Cafeteria Plan adjustment will be no less than 2% or greater than 3%. Other Provisions – The new MOU includes approximately 50 additional negotiated changes or edits. As summarized in Attachment 3, many of these are minor, yet important language R-15-110 Page 4 clarifications that will help prevent future misinterpretations of the MOU and ensure compliance with state or federal law. Other agreements were negotiated based on cooperative interests between the FEA and the District. The list below highlights some of these changes to the MOU: • Transition of the Volunteer Program Lead (VPL) position into the FEA: The FEA petitioned and Management approved the addition of the VPL to the FEA ranks in March of 2015. The new MOU reflects this change. • Steps toward evaluation of safety retirement eligibility and costs: The FEA requested that the District contact CalPERS to determine which FEA classifications, if any, are eligible for safety retirement. The District agrees to initiate the evaluation and request actual cost-analysis from CalPERS if desired by FEA. • Catastrophic Leave Bank program: This program is designed to assist District employees who have exhausted paid leave time due to serious, catastrophic or debilitating illness or injury to themselves or immediate family members. These employees may receive donated leave from fellow District employees who volunteer to contribute leave time to the catastrophic leave bank. The new MOU slightly changes this program to allow anonymous donation and use of catastrophic leave time (administered by the Human Resources department), and allows the program to be closely monitored to ensure that recipients of catastrophic leave only receive contributions for the amount of time recipients are absent from work. • Housing Policy review: The District and the FEA will discuss updates to the District’s policy governing employee use of District owned housing. • Appendix C removal: Appendix C of the 2012-2015 MOU which defined extended leave for District employees under the Federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) are removed from the new MOU. These policies will be revised and included in an updated District Personnel Policies and Procedures Manual which applies to all District employees, FEA, OSM, and Board Appointees where applicable and required by law. BOARD COMMITTEE REVIEW This item was not reviewed by Committee. Negotiating authority was provided by the full Board to the General Manager in closed sessions during the course of negotiations. FISCAL IMPACT Approval of the MOU with the FEA, and implementation of compensation changes for both FEA and OSM employees, is estimated to cost the District up to $2.14 million over the next three years based on current staffing levels. This cost estimate assumes the maximum increase to the CPI of 3% for both Year 2 and Year 3. A breakdown of the estimated costs between FEA and OSM employees is provided in the chart below. R-15-110 Page 5 Total Cost of Compensation Package FEA OSM EEs Total 2015-16 $227,441 $391,701 $619,142 2016-17 $239,163 $520,387 $759,550 2017-18 $248,551 $508,026 $756,577 3 Year Total $715,155 $1,420,114 $2,135,269 The addition of 18 positions, nine in Year 2 and nine in Year 3, was also modeled to evaluate the impact of the recommended compensation changes and the changes were determined to be sustainable. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. CEQA COMPLIANCE No compliance is required as this action is not a project under the California Environmental Quality Act (CEQA). NEXT STEPS If the General Manager’s recommendations are approved by the Board, staff will: 1. Enter salary changes into the payroll system with an effective date of July 1, 2015 and benefits changes as of the first full pay period in August, which commences August 3, 2015. 2. Revise the District’s Personnel Policies and Procedures Manual to implement changes affecting all District staff, including OSM (and Board Appointees, where applicable). 3. Create a work plan with timelines for all follow-up actions triggered by approval of the MOU. Attachments: 1. Resolution Approving the Memorandum of Understanding between the Midpeninsula Regional Open Space District and Midpeninsula Regional Open Space District Field Employees Association 2. Resolution Approving Adjustments to the Salaries, Benefits and Terms and Conditions of Employment for the Office, Supervisory and Management Employees of the District 3. Summary of Proposed Changes for FEA 4. Resolution Amending the Classification & Compensation Plan 5. Memorandum of Understanding with Field Employees Association Responsible Manager: Kevin Woodhouse, Assistant General Manager Prepared by: Candice Basnight, Human Resources Supervisor Resolutions/2015/15-__Approve FEA MOU 1 RESOLUTION NO. 15-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FIELD EMPLOYEES ASSOCIATION WHEREAS, Midpeninsula Regional Open Space District Field Employees Association is the exclusively recognized employee organization for the District’s Open Space Technicians, Lead Open Space Technicians, Rangers, Lead Rangers, Equipment Mechanic-Operators, Farm Maintenance Worker, and Volunteer Program Lead; and WHEREAS, pursuant to California Government Code Section 3500 et seq., representatives of the District and the Midpeninsula Regional Open Space District Field Employees Association have completed negotiations for a Memorandum of Understanding (“MOU”) for a term of July 1, 2015 through June 31, 2018; and WHEREAS, on June 28, 2015 the bargaining unit represented by Midpeninsula Regional Open Space District Field Employees Association ratified the MOU; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby approve the Memorandum of Understanding between Midpeninsula Regional Open Space District and Midpeninsula Regional Open Space District Field Employees Association for a term of July 1, 2015 through June 31, 2018, a copy of which is attached hereto and by reference made a part hereof. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ____, 2015, at a Regular Meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Secretary Board of Directors President Board of Directors Attachment 1 Resolutions/2015/15-__Approve FEA MOU 2 APPROVED AS TO FORM: General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk Attachment 1 Resolutions/2015/15-__Approve OSM Changes 1 RESOLUTION NO. 15-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING ADJUSTMENTS TO THE SALARIES, BENEFITS AND TERMS AND CONDITIONS OF EMPLOYMENT FOR THE OFFICE, SUPERVISORY AND MANAGEMENT EMPLOYEES OF THE DISTRICT WHEREAS, the office, supervisory and management employees are employed by the District and as such receive and are subject to certain salaries and benefits and terms and conditions of employment; WHEREAS, it has been the custom and practice of the District to apply largely the same benefits and terms and conditions of employment to the office, supervisory, and management employees as to the represented employees; WHEREAS, the three employees appointed by the Board, the General Manager, the Controller, and the General Counsel, have separately- negotiated compensation packages that are reviewed separately, as part of the regular annual Board Appointee evaluation process; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby approve the adjusted Salaries, Benefits and Terms and Conditions of employment as set out in Board Report R-15-110 and attached as Exhibit A, with an effective date of July 1, 2015 for all economic terms, for the office, supervisory, and management employees of the District, excluding the compensation rates set separately for the three employees appointed directly by the Board, and direct that any necessary or appropriate implementing revisions to the District’s Personnel Policies and Procedures Manual be presented to the Board for approval. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ____, 2015, 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/2015/15-__Approve OSM Changes 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 Attachment 2 Resolutions/2015/15-__Approve OSM Changes_ExA Summary of Recommended Salary and Benefits Changes for Office, Supervisory and Management Employees July 1, 2015 to June 30, 2018 Salary Adjustments: • Year 1: 3% salary adjustment upon board approval. The General Manager recommends this salary adjustment be retroactivity to the pay period that includes July 1, 2015. • Year 2: Effective July 1, 2016, salary adjustment equal to the San Francisco Area Consumer Price Index for all Urban Consumers (CPI) for the year preceding the adjustment from February to February. The salary adjustment shall be not less than 2% or greater than 3%. • Year 3: Effective July 1, 2017, salary adjustment equal to the CPI for the year preceding the adjustment from February to February. The salary adjustment shall be not less than 2% or greater than 3%. Medical Benefits: • Effective the beginning of month following ratification/approval, District contribution to the medical insurance Cafeteria Plan will increase approximately $150 per month for each coverage tier: Current Contribution New Contribution Employee Only $662 $810 Employee + 1 $1,225 $1,375 Family $1,563 $1,715 • Year 2: Effective July 1, 2016, District Cafeteria Plan contributions will be adjusted according to the CPI from February to February. The July 1, 2016 Cafeteria Plan adjustment shall be not less than 2% or greater than 3%. • Year 3: Effective July 1, 2017, District Cafeteria Plan contributions will be adjusted according to the CPI from February to February. The July 1, 2017 Cafeteria Plan adjustment shall be not less than 2% or greater than 3%. Attachment 2 1 Midpeninsula Regional Open Space District & Midpeninsula Regional Open Space District Field Employees Association Summary of Tentative Agreement (Summary only; see MOU for specific language) MOU Section # Title Summary of Tentative Agreement Entire MOU General Clean-up Clean up non-substantive MOU language. Article 2: Association Recognition/Security  2.1 Recognition Provide flexible language that allows for changes in FEA represented classifications. Adds Volunteer Program Lead and Lead Ranger classifications.  2.2 Association Security Legal updates regarding Association dues language. Requirement for Association to develop an agency fee appeal procedure.  2.3 Notice of Changes Legal updates to language that triggers negotiations with FEA during the term of the labor agreement.  2.4 FEA Representative /Release Time Update to reflect past practice regarding FEA representative release time.  2.5.A Association Notices and Activities – Bulletin Boards Provide procedure to remove inappropriate material from bulletin boards in District workspaces.  2.5.E Association Notices and Activities – Flex Schedule to Attend Board Meetings Allow FEA representative to flex a work schedule to attend a meeting, as long as minimum staffing requirements are met.  2.8 Housing During 2015, the District and FEA will discuss updates to the District’s policy governing employee use of District-owned housing. Article 3: No Discrimination Remove incomplete non-discrimination clause and refer to District’s policy and applicable Federal and State law. Article 5: Schedules, Overtime and Call-back Time  5.1.C Overtime – Compensatory Time Off Remove schedule flexing from the description of how the District pays for Compensatory Time-Off. Attachment 3 2  5.2.C Call-Back Time – Minimum Call Back Confirm that employees receive a three hour minimum call-back pay upon their mandated return to work.  5.3 Alternate Work Schedules Add language to address 4-10 schedule if the District authorizes 4-10s in the future.  5.4 Paid Meal Periods Confirm that meal periods are paid under certain circumstances. Article 7: Compensation and Benefits  7.1 Compensation 1. 3% salary adjustment upon ratification and District Board approval, except Equipment Mechanic Operator classification which will receive an 8% salary adjustment; 2. Creation of “Lead Ranger” classification at 5% salary range above Ranger; 3. July 1, 2016, salary adjustment equal to San Francisco Area Consumer Price Index for All Urban Consumers (Feb to Feb), not less than 2.0% nor greater than 3.0%; 4. July 1, 2017, salary adjustment equal to San Francisco Area Consumer Price Index for All Urban Consumers (Feb to Feb), not less than 2.0% nor greater than 3.0%; 5. Delete out-of-date references to prior wage adjustments and the prior compensation study. Attachment 3 3  7.2.B Benefits – Cafeteria Plan 1. Effective month following ratification and District Board approval, District contribution to health insurance will increase approx $150 per month per employee. The new contribution levels will be: EE Only: $810 EE + 1: $1,375 Family: $1,715 2. July 1, 2016, adjustment to District contribution equal to San Francisco Area Consumer Price Index for All Urban Consumers (Feb to Feb), not less than 2.0% nor greater than 3.0%; 3. July 1, 2017, adjustment to District contribution equal to San Francisco Area Consumer Price Index for All Urban Consumers (Feb to Feb), not less than 2.0% nor greater than 3.0%. 4. If an employee subscribes to a medical plan with a lower premium than the District contribution amount, they may apply the difference to other qualified benefit costs or receive the difference in cash. 5. Employees who show proof of other medical coverage and elect to waive District medical coverage, will receive half the employee only District contribution amount in cash or may apply it to other qualified benefit costs.  7.2.C Benefits – Dental Insurance Confirm that the Cafeteria Plan includes Dental.  7.2.G Benefits – Part-Time Employees Allow for pro rating of benefits subject to law.  7.2.K Benefits – Retirement 1. Include new PEPRA-based pension language; 2. Request a determination from CalPERS concerning safety retirement for FEA members and request actuarial cost-analysis if desired by the FEA.  7.2.N Indexed Level of 1959 Survivor Benefits Remove out-of-date language. Benefit has been implemented.  7.3 Promotional Compensation Update to reflect salary schedule changes implemented in 2012. Attachment 3 4  7.5 Night Shift Differential Clarifies, per a previous side-letter agreement, that applies when additional work after 5:00 p.m. is approved by a supervisor.  7.7 Shift Change Differential Clarifies that overtime does not qualify, unless employee was required to attend a training with less than 72 hours’ notice; clarifies how notification of shift changes should occur.  7.10 Field Training Officer (FTO) Confirm that FTOs receive incentive pay when performing as FTOs.  7.12 Longevity Pay Program Confirm that an employee must have no “below standards” ratings in the current evaluation to qualify and confirm that longevity pay is not pensionable. Article 8: Evaluations and Merit Pay  8.1.D General Evaluation Procedures Clarify notice timeline to employees that poor performance may lead to a below standards rating.  8.2.B.2 Schedule of Evaluations – Regular Employees Clarify when annual and mid-year evaluations are due. Article 9: Uniforms  9.2 Allowance Amount Update to reflect current practice to pay uniform allowance in per-pay-period installments.  9.3 Eligibility/Prorating Delete unnecessary language regarding prorating. Article 10: Vacation  10.3.A & B Usage – Increments, Scheduling Track vacation on a 1/10th of an hour basis and update short-term vacation request timing based on new 8 week work cycle.  10.4 Annual Vacation Cash-Out Clarify that employees may cash-out twice per year. Article 11: Holidays and Personal Leave  11.1.C Holidays – Observance Delete unnecessary words.  11.1.H Holidays – Holiday Bank Improve language describing when employees may bank holiday time.  11.2 Personal Leave Confirm that the leave is paid. Article 12: Leaves of Absence with Pay  12.1.B Sick Leave – Usage Confirm that the District defines domestic partners consistent with applicable law.  12.1.G Sick Leave – Physician’s Statement Create consistent 5 day standard for requesting a doctor’s note to justify a sick leave.  12.1.I Sick Leave Conversion Program Reform to IRS standards for conversion to Retiree Health Savings Account.  12.1.J Advance Sick Leave Delete from agreement. Attachment 3 5  12.1.L Performance Evaluation Standard Confirm that lawful use of leave does not affect performance evaluation results.  12.2 Bereavement Leave Refer to District policy.  12.3 Witness or Jury Duty Leave Schedule change triggered by a 1 week jury duty, instead of 2 weeks.  12.6 Administrative Leave Confirm that the District may plance an employee on paid administrative leave at any time for any lawful reason. Article 13: Family Medical Leaves and Leaves Without Pay  13.1.C Benefit Premiums Ensure compliance with leave law when employees seek benefits during a family leave. Article 14: Tuition Reimbursement  14.3 Reimbursement Require a “B” or equivalent passing rating to receive maximum $700 per fiscal year per employee. Lift $2,000 per year cap for entire bargaining unit. Article 18: Probationary Period  18.1.B.2 Length of Probation – Promotional Appointments Require 12 months probation for promotions for Ranger/Lead Ranger, the same as for new hires. Article 19: Contracting Out Update to conform to applicable Meyers- Milias-Brown Act standards. Article 20: No Strikes/Lockouts Remove right to honor another picket line. Article 23: Term of Agreement 3 years and allow bargaining to commence earlier. Appendix B: Catastrophic Leave Program Change to a “bank” program, maintains anonymity of donors, and EE only receives as much donated leave as is necessary. Appendix C: Family and Medical Leave Remove from MOU. Covered by District Personnel Policies and Procedures Manual. District Housing Policy for Employees Agree to discuss the housing program with the FEA. Attachment 3 Resolutions/2015/15-__Amend CCP-Lead Ranger/OST 1 RESOLUTION NO. 15-__ 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 to amend the job classification of Lead Open Space Technician and add the new job classification of Lead Ranger; and WHEREAS, the Board of Directors having considered such proposals and recommendations; The Board of Directors of Midpeninsula Regional Open Space District does hereby resolve as follows: 1. The Board of Directors hereby amends the Classification and Compensation Plan of the Midpeninsula Regional Open Space District to amend the job classification of Lead Open Space Technician and add the new job classification of Lead Ranger to read as set forth in Exhibits A and B attached hereto. 2. The Board of Directors hereby amends the Classification and Compensation Plan of the Midpeninsula Regional Open Space District to amend the salary range of the Equipment Mechanic/Operator to read as set forth in Exhibit C attached hereto. 3. Except as herein modified, the Classification and Compensation Plan, Resolution No. 15-18 as amended, shall remain in full force and effect. 4. This resolution shall be effective ____, 2015. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on _______, 2015, at a regular meeting thereof, by the following vote: * * * * * * * * * * * * * * * * * * * * AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Secretary Board of Directors President Board of Directors Attachment 4 Resolutions/2015/15-__Amend CCP-Lead Ranger/OST 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 Attachment 4 Midpeninsula Regional Open Space District LEAD RANGER DEFINITION Under general supervision, leads, trains, oversees assigned staff, serves as Peace Officer under California Penal Code; performs a wide variety of patrol and related duties involving the enforcement of District land use regulations and applicable laws to ensure safe and efficient access for the public and staff; performs a variety of work in the construction, modification, maintenance, restoration, and repair of District lands and facilities; responds to requests and inquiries from the public and provides visitor information as necessary; and performs related work as required. SUPERVISION RECEIVED AND EXERCISED Receives general supervision from a Supervising Ranger. Exercises technical and functional direction over and provides training to assigned Seasonal staff, volunteers and serves as a Field Training Officer. CLASS CHARACTERISTICS This is an advanced journey-level class in the ranger class series that performs the full range of duties required to ensure that the District’s properties and facilities are maintained in a safe and effective working condition and provide the highest level of safety for public use. Responsibilities include patrolling assigned areas in a timely manner and enforcement of District regulations and State and local laws, as well as performing a wide variety of maintenance and construction tasks of assigned properties and facilities. Positions at this level receive only occasional instruction or assistance as new or unusual situations arise and are fully aware of the operating procedures and policies of the department. This class is distinguished from the Supervising Ranger in that the latter is the full supervisory-level class and has responsibility for organizing, assigning, supervising, and reviewing the work of all staff involved in open space patrol and enforcement activities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.  Provides technical and functional supervision to assigned staff; reviews and controls quality of work; provides timely and ongoing feedback and evaluates employees performance.  Patrols an assigned area by vehicle, bicycle, or foot to ensure safe and proper use of District lands and facilities, monitors boundaries for encroachments, observes situations, reports and investigates suspicious criminal activity or hazardous conditions, and deters crime by maintaining a highly visible presence.  Provides public relations and interpretive services, including providing information, directions, and assistance to the public in a variety of situations; taking reports and assisting the public with complaints or unusual situations; explaining District and preserve history, programs, and projects; and making presentations and providing tours of lands and facilities as requested.  Enforces District regulations and pertinent local, State, and Federal regulations as approved; issues verbal warnings and/or citations as necessary; makes arrests in accordance with District policy; Attachment 4 Exhibit A Lead Ranger Page 2 of 4 secures crime scenes and evidence; interviews suspects, victims, and witnesses; collects and preserves evidence; performs investigations and/or cooperates with other law enforcement agencies providing investigative and case development support; prepares court cases and testifies in court as required.  Performs a variety of construction, maintenance, restoration, and repair activities of District properties and related facilities to ensure safe and efficient access for the public and staff.  Performs trail and road maintenance and construction duties, including trail brushing, clearing downed trees, erosion control, and tread restoration; maintains and constructs drainage systems, trail bridges, culverts, fences, gates, and signs.  Performs resource management tasks, including identifying, removing, and spraying non-native invasive plants, pest control, identifying habitat concerns, and participating in data collection projects as assigned; provides information to resource management staff as needed.  Performs facilities and structure construction and maintenance, including semi-skilled carpentry, painting, electrical, and plumbing tasks, and general custodial duties.  Responds to emergency medical incidents, search and rescue, and other emergency calls; notifies appropriate medical, law enforcement, and/or fire response agencies; assumes incident command; assesses and secures accident scenes; provides traffic and crowd control; provides first responder emergency medical attention.  Responds to wildland and other fires and performs fire suppression duties; participates in fire control and safety projects including identifying and removing potential fire hazards and participating in controlled burns; drives brush patrol and operates specialized firefighting equipment and tools.  Provides mutual aid to other law enforcement agencies as dispatched and in accordance with District policy.  Communicates utilizing multi-frequency radio; obtains and transmits information in the field to other staff, dispatchers, and agencies.  Operates and maintains a variety of vehicles, tools, and equipment such as, emergency patrol vehicles, batons, pepper spray, handcuffs, power saws, drills, brush cutters, mowing tractors, all terrain vehicles, and various tools required for enforcement, patrol, construction, and maintenance duties performed.  Inspects assigned areas for future work projects; completes and submits work orders.  Observes safe work methods and makes appropriate use of related safety equipment as required.  Provides needed information and training on how to perform certain work tasks to new employees.  Oversees volunteers, California Conservation Corps, seasonal workers, and/or other groups on assigned projects; inspects work to ensure quality control, proper use of equipment, and safety of participants.  Maintains accurate logs, reports, and records of work performed and materials and equipment used.  Attends meetings, conferences, workshops, and training sessions; reviews publications and materials to become and remain current on principles, practices, and new developments in assigned work areas.  Performs other duties as assigned. QUALIFICATIONS Knowledge of:  Principles, practices, and procedures of park law enforcement, emergency medical response, fire suppression and prevention, and search and rescue.  Maintenance principles, practices, tools, and equipment for maintaining and repairing open spaces, parks, and related facilities.  Basic principles and practices of resource management, including weed management and habitat restoration.  Basic methods and techniques of First Aid and Cardiopulmonary Resuscitation (CPR).  The operation and minor maintenance of a variety of hand and power tools and light equipment.  Operating a motor vehicle in a safe manner under patrol and emergency conditions. Attachment 4 Exhibit A Lead Ranger Page 3 of 4  Occupational hazards and safety equipment and practices related to the work, including the safe and proper use of pepper spray or other chemical agents, handcuffs, batons, and other impact weapons according to peace officer safety standards.  Local flora, fauna, cultural, and geological resources and methods and techniques of wild land resource protection and restoration.  Applicable local, State, and Federal laws, regulatory codes, ordinances, and procedures relevant to assigned area of responsibility.  Modern office practices, methods, computer equipment, and basic computer applications.  Principles and procedures of record keeping and reporting.  English usage, spelling, vocabulary, grammar, and punctuation.  Techniques for effectively dealing with individuals of various ages, various socio-economic and ethnic groups, and effectively representing the District in contacts with the public.  Techniques for providing a high level of customer service to public and District staff, in person and over the telephone. Ability to:  Interpret, apply, explain, and enforce complex District, local, State, and Federal codes and regulations.  Perform a variety of construction, modification, maintenance, and repair work with accuracy, speed, and minimal supervision.  Perform various emergency medical aid, fire suppression, search and rescue, and other emergency response and prevention activities.  Handle medical emergencies and injuries in a calm and effective manner, including providing first aid and CPR.  Safely and effectively use and operate emergency rescue equipment, patrol vehicles, hand tools, mechanical equipment, power tools, and light equipment required for the work; perform routine equipment maintenance.  Read, interpret, and apply technical information from maps, manuals, drawings, specifications, layouts, blueprints, and schematics.  Learn District lands and boundaries.  Prepare clear, accurate and grammatically correct reports, records, and other written materials.  Maintain accurate logs, records, and written reports of work performed.  Understand and follow oral and written instructions.  Operate modern office equipment including computer equipment and software.  Organize own work, set priorities, and meet critical time deadlines.  Use English effectively to communicate in person, over the telephone or radio, and in writing.  Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.  Establish, maintain, and foster positive and harmonious working relationships with those contacted in the course of work. Education and Experience: Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be: Equivalent to an Associate’s degree from an accredited college or university with major coursework in law enforcement, resource management, natural sciences, or a related field and one (1) year of experience in the protection, operation, or maintenance of a park, forest, public recreation area, or the equivalent. Experience or training in wildland firefighting and law enforcement is desirable. Licenses and Certifications: Attachment 4 Exhibit A Lead Ranger Page 4 of 4  Possession of a valid California Driver’s License.  Possession of, or ability to obtain, a District approved Law Enforcement Training certification.  Possession of, or ability to obtain, a valid California Penal Code 832 certificate, for appointment as a peace officer, within six (6) months of employment.  Possession of a valid Advanced First Aid certificate or equivalent certification.  Possession of a valid Cardiopulmonary Resuscitation (CPR) certification.  Possessiion of Peace Officers Standards of Training (POST) Field Training Officer or equivalent certification.  Possession of, or ability to obtain, the level of certification in the Incident Command System courses as specified under the National Incident Management System (NIMS).  Possession of, or ability to obtain, a District approved Fire Suppression Training certification. PHYSICAL DEMANDS Must possess mobility to work in the field; strength, stamina, and mobility to respond to emergency situations and apprehend suspects, to perform medium to heavy physical work, to work in confined spaces and around machines, to climb and descend ladders, to operate varied emergency rescue equipment, hand and power tools, and construction equipment, and to operate a motor vehicle and visit various District sites; vision to assess emergency situations, including medical incidents, and to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone or radio. The job involves fieldwork requiring frequent walking in operational areas to access crime scenes and to identify problems or hazards. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate above-mentioned tools and equipment. Positions in this classification bend, stoop, kneel, reach, and climb to perform work and inspect work sites. Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 100 pounds, or heavier weights, with the use of proper equipment. ENVIRONMENTAL ELEMENTS Employees work in the field and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, confining workspace, chemicals, mechanical and/or electrical hazards, hazardous physical substances and fumes, and poison oak. Employees may be exposed to blood and body fluids when rendering First Aid and CPR. May involve exposure to wild, and/or dangerous animals. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing Federal, State, local, and District laws, codes, regulations, policies, and procedures. WORKING CONDITIONS Must be willing to work weekends, nights, holidays, or extended shifts or be called back in emergency situations and work with exposure to difficult circumstances, including exposure to dangerous situations and violent individuals. Must wear prescribed District uniform and adhere to strict safety procedures and work habits. Depending on the exposure, employee is required to wear head, hearing, eye, foot, face, hand, and full protection equipment. EFFECTIVE: July 2015 REVISED: N/A FLSA: Non-Exempt Attachment 4 Exhibit A Midpeninsula Regional Open Space District LEAD OPEN SPACE TECHNICIAN DEFINITION Under general supervision, leads, trains, oversees, and participates in the more complex and difficult work of a crew responsible for providing construction, modification, maintenance, restoration, and repair of District land and facilities, including trail construction and maintenance, resource management tasks, and building and field maintenance; sets priorities and directs the work of assigned staff on a project or day- to-day basis; skillfully operates a variety of power tools and heavy equipment; responds to requests and inquiries from the public and provides visitor information as necessary; and performs related work as required. SUPERVISION RECEIVED AND EXERCISED Receives general supervision from a Maintenance, Construction, and Resource Supervisor. Exercises technical and functional direction over and provides training to assigned staff. CLASS CHARACTERISTICS This is the advanced journey-level class in the Open Space Technician series that performs the most complex duties required to ensure that District land and facilities are maintained in a safe and effective working condition and provide the highest level of safety for public and staff use. Responsibilities include inspecting and attending to assigned areas in a timely manner and performing a wide variety of tasks in the construction, maintenance, and repair of assigned areas and facilities. Performance of the work requires the use of considerable independence, initiative, and discretion within established guidelines. This class is distinguished from the Maintenance, Construction, and Resource Supervisor in that the latter is the full supervisory-level class and has responsibility for organizing, assigning, supervising, and reviewing the work of all staff involved in open space maintenance and construction operations. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.  Provides technical and functional supervision to assigned staff; reviews and controls quality of work; provides timely and ongoing feedback to assigned staff; provides feedback on employee evaluations and evaluates seasonal employees performance; participates in performing complex and specialized construction, maintenance, restoration, and resource management work to ensure safe and efficient access for the public and staff.  Plans, schedules, prioritizes, and assigns maintenance and repair work in consultation with the Maintenance, Construction, and Resource Supervisor; communicates status of projects to appropriate personnel, working cooperatively to schedule projects in accordance with established and special operational priorities; instructs staff in work procedures.  Trains employees in work methods, use of tools and equipment, and relevant safety precautions.  Inspects assigned District properties and facilities for construction and maintenance needs and recommends appropriate actions; assists in developing work plans, procedures, and schedules. Attachment 4 Exhibit B Lead Open Space Technician Page 2 of 4  Orders supplies and equipment for work projects; researches vendors and negotiates prices; maintains records of purchase orders; monitors expenditures; may estimate costs of construction and maintenance work, supplies, equipment, and materials.  Inspects and evaluates work in progress and upon completion to assure that projects are performed in accordance with District standards and specifications.  Performs trail and road maintenance and construction duties, including trail brushing, clearing downed trees, erosion control, and tread restoration; maintains and constructs drainage systems, trail bridges, culverts, fences, and gates.  Performs resource management tasks, including identifying, removing, and spraying non-native invasive plants, pest control, identifying habitat concerns, and participating in data collection projects as assigned; provides information to resource management staff as needed.  Performs facilities and structure construction and maintenance, including semi-skilled and skilled carpentry, painting, electrical, and plumbing tasks, general custodial duties, and water system installation and maintenance.  Coordinates construction and maintenance projects, including evaluating project site, ensuring availability of equipment and materials, calculating measurements, reading and interpreting technical specifications and plans, and recommending and implementing changes as needed.  Installs and controls traffic around work sites to ensure safe conditions for the general public and District workers.  Operates and maintains a variety of mechanical and power tools and heavy equipment such as chain saws, drills, brush cutters, excavators, power augers, tractor loaders, mowing tractors, all terrain vehicles, wood chipper, dump trucks, trailers, and various hand tools required for construction, carpentry, plumbing, and maintenance duties performed.  Provides support for controlled burns and various emergency services, such as wild land fire suppression, search and rescue, and medical response; controls traffic and monitoring affected areas to ensure the safety of the public and staff; provides First Aid and CPR as needed.  Observes safe work methods and makes appropriate use of related safety equipment as required.  Oversees volunteers, California Conservation Corps, seasonal workers, and/or other groups on assigned projects; inspects work to ensure quality control, proper use of equipment, and safety of participants; provides feedback on performance of assigned groups.  Maintains accurate logs, reports, and records of work performed and materials and equipment used.  Receives and acts upon complaints, referrals, and concerns from the public; responds to and performs work in emergency situations as required.  Performs other duties as assigned. QUALIFICATIONS Knowledge of:  Basic principles of supervision and training.  Maintenance principles, practices, tools, and equipment for maintaining and repairing open spaces, parks, and related facilities.  Principles and standard practices of several trades as they apply to construction, maintenance, and repair of open spaces, parks, and related structures, including carpentry, plumbing, electrical, painting, and irrigation work.  Principles and practices of resource management, including weed management and habitat restoration.  Local flora, fauna, cultural, and geological resources and methods and techniques of wild land resource protection and restoration and District lands and boundaries.  The operation and minor maintenance of a variety of hand and power tools and light equipment.  Traffic control procedures and traffic sign regulations. Attachment 4 Exhibit B Lead Open Space Technician Page 3 of 4  Occupational hazards and safety equipment and practices related to the work, including the handling of hazardous chemicals.  Applicable Federal, State, and local laws, regulatory codes, ordinances, and procedures relevant to assigned area of responsibility.  Modern office practices, methods, computer equipment, and basic computer applications.  Principles and procedures of record keeping and reporting.  Safe driving rules and practices.  English usage, spelling, vocabulary, grammar, and punctuation.  Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and District staff. Ability to:  Plan, schedule, assign, and oversee activities of open space maintenance and repair personnel.  Inspect the work of others and maintain established quality control standards.  Train others in proper and safe work procedures.  Identify and implement effective course of action to complete assigned work.  Oversee and participate in construction, maintenance, resource management, and related projects in the assigned functional area(s).  Perform a variety of construction, modification, maintenance, and repair work with accuracy, speed, and minimal supervision.  Interpret and apply the policies, procedures, laws, codes, and regulations pertaining to assigned programs and functions.  Safely and effectively use and operate hand tools, mechanical equipment, power tools, and light equipment required for the work; perform routine equipment maintenance.  Read, interpret, and apply technical information from manuals, drawings, specifications, layouts, blueprints, and schematics.  Maintain accurate logs, records, and basic written reports of work performed.  Give, as well as, understand and follow oral and written instructions.  Make accurate arithmetic calculations.  Operate modern office equipment including computer equipment and software.  Organize own work, set priorities, and meet critical time deadlines.  Use English effectively to communicate in person, over the telephone or radio, and in writing.  Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.  Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work. Education and Experience: Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be: Equivalent to the completion of the twelfth (12th) grade supplemented by college-level coursework in park maintenance, resource management, or a related field and three (3) years of experience in construction, maintenance, and/or repair of parks, open spaces, and/or related facilities. Licenses and Certifications:  Possession of, or ability to obtain, a valid California Class B Driver’s License and required endorsements within nine (9) months of employment.  Possession of, or ability to obtain, Basic First Aid and Cardiopulmonary Resuscitation (CPR) certification within six (6) months of employment. Attachment 4 Exhibit B Lead Open Space Technician Page 4 of 4  Depending on assignment, possession of, or ability to obtain, a valid Grade I Water Treatment Operator Certificate and Grade I Water Distribution Operator Certificate issued by the California Department of Public Health (CDPH). PHYSICAL DEMANDS Must possess mobility to work in the field; strength, stamina, and mobility to perform medium to heavy physical work, to work in confined spaces and around machines, to climb and descend ladders, to operate varied hand and power tools and construction equipment, and to operate a motor vehicle and visit various District sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone or radio. The job involves fieldwork requiring frequent walking in operational areas to identify problems or hazards. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate above-mentioned tools and equipment. Positions in this classification bend, stoop, kneel, reach, and climb to perform work and inspect work sites. Employees must possess the ability to lift and carry materials and objects weighing up to 60 pounds and must possess the ability to push and pull objects weighing up to 100 pounds, with the use of proper equipment. ENVIRONMENTAL ELEMENTS Employees work in the field and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, confining workspace, chemicals, mechanical and/or electrical hazards, hazardous physical substances and fumes, and poison oak. May involve exposure to wild, and/or dangerous animals. Employees may interact with upset staff and/or public and private representatives and contractors in interpreting and enforcing departmental policies and procedures. WORKING CONDITIONS May be required to work evenings, weekends, and holidays. Must wear prescribed District uniform and adhere to strict safety procedures and work habits. Depending on the exposure, employee is required to wear head, hearing, eye, foot, face, hand, and full protection equipment. EFFECTIVE: July 2015 REVISED: N/A FLSA: Non-Exempt Attachment 4 Exhibit B Time Minimum Maximum Minimum Maximum Minimum Maximum Base Seasonal Open Space Technician 18.946 23.654 3,284 4,100 39,408 49,200 Part-time Farm Maintenance Worker 26.019 32.492 4,510 5,632 54,120 67,584 Full-time Open Space Technician*26.019 32.492 4,510 5,632 54,120 67,584 Full-time Administrative Assistant 26.660 33.283 4,621 5,769 55,452 69,228 Full-time Accounting Technician 27.981 34.944 4,850 6,057 58,200 72,684 Full-time Human Resources Technician 27.981 34.944 4,850 6,057 58,200 72,684 Full-time Lead Open Space Technician*28.690 35.827 4,973 6,210 59,676 74,520 Full-time GIS Technician 28.690 35.827 4,973 6,210 59,676 74,520 Full-time Volunteer Program Lead 28.690 35.827 4,973 6,210 59,676 74,520 Full-time Risk Management Coordinator 29.383 36.698 5,093 6,361 61,116 76,332 Full-time Senior Administrative Assistant 29.383 36.698 5,093 6,361 61,116 76,332 Full-time Ranger 30.121 37.615 5,221 6,520 62,652 78,240 Full-time Public Affairs Program Coordinator 30.121 37.615 5,221 6,520 62,652 78,240 Full-time Information Technology Technician 30.121 37.615 5,221 6,520 62,652 78,240 Full-time Senior Accounting Technician 30.854 38.533 5,348 6,679 64,176 80,148 Full-time Equipment Mechanic/Operator 31.627 39.496 5,482 6,846 65,784 82,152 Full-time Lead Ranger 31.627 39.496 5,482 6,846 65,784 82,152 Full-time Executive Assistant 31.627 39.496 5,482 6,846 65,784 82,152 Full-time Real Property Specialist I 32.400 40.454 5,616 7,012 67,392 84,144 Full-time Resource Management Specialist I 33.208 41.463 5,756 7,187 69,072 86,244 Full-time Planner I 33.208 41.463 5,756 7,187 69,072 86,244 Full-time Docent Program Manager 34.021 42.479 5,897 7,363 70,764 88,356 Full-time Volunteer Program Manager 34.021 42.479 5,897 7,363 70,764 88,356 Full-time Planner II 34.869 43.540 6,044 7,547 72,528 90,564 Full-time Management Analyst I 34.869 43.540 6,044 7,547 72,528 90,564 Full-time Accountant 34.869 43.540 6,044 7,547 72,528 90,564 Full-time Resource Management Specialist II 36.606 45.721 6,345 7,925 76,140 95,100 Full-time Public Affairs Specialist 36.606 45.721 6,345 7,925 76,140 95,100 Full-time Community Outreach Specialist 36.606 45.721 6,345 7,925 76,140 95,100 Full-time 31 31 33 33 33 31 25 25 26 27 27 27 28 29 29 30 30 25 6 19 19 20 22 22 23 23 23 24 24 Midpeninsula Regional Open Space District - CLASSIFICATION & COMPENSATION PLAN Fiscal Year 2015/2016 - Effective 07/01/2015 Last revised: 2/12/2015, 1/19/2015, 7/01/2014, 7/01/2013 Classification Title Step Hourly Range $Monthly Range $Annual Range $ Range # Attachment 4 Exhibit C Training and Safety Specialist 38.435 48.000 6,662 8,320 79,944 99,840 Full-time Real Property Specialist II 38.435 48.000 6,662 8,320 79,944 99,840 Full-time Management Analyst II 38.435 48.000 6,662 8,320 79,944 99,840 Full-time Supervising Ranger 38.435 48.000 6,662 8,320 79,944 99,840 Full-time Maintenance, Construction & Resource Supervisor 38.435 48.000 6,662 8,320 79,944 99,840 Full-time Website Administrator 39.381 49.177 6,826 8,524 81,912 102,288 Full-time Information Technology Administrator 39.381 49.177 6,826 8,524 81,912 102,288 Full-time Planner III 42.381 52.921 7,346 9,173 88,152 110,076 Full-time GIS Administrator 43.413 54.219 7,525 9,398 90,300 112,776 Full-time Senior Real Property Specialist 43.413 54.219 7,525 9,398 90,300 112,776 Full-time Senior Accountant 44.498 55.575 7,713 9,633 92,556 115,596 Full-time Senior Management Analyst 44.498 55.575 7,713 9,633 92,556 115,596 Full-time District Clerk 44.498 55.575 7,713 9,633 92,556 115,596 Full-time Media Communications Supervisor 45.583 56.925 7,901 9,867 94,812 118,404 Full-time Senior Resource Mgmt Specialist 45.583 56.925 7,901 9,867 94,812 118,404 Full-time Area Superintendent 46.725 58.356 8,099 10,115 97,188 121,380 Full-time Human Resources Supervisor 46.725 58.356 8,099 10,115 97,188 121,380 Full-time Senior Planner 46.725 58.356 8,099 10,115 97,188 121,380 Full-time Assistant General Counsel I 50.256 62.769 8,711 10,880 104,532 130,560 Full-time Assistant General Counsel II 52.771 65.902 9,147 11,423 109,764 137,076 Full-time Administrative Services Manager 56.792 70.927 9,844 12,294 118,128 147,528 Full-time Natural Resources Manager 56.792 70.927 9,844 12,294 118,128 147,528 Full-time Operations Manager 56.792 70.927 9,844 12,294 118,128 147,528 Full-time Planning Manager 56.792 70.927 9,844 12,294 118,128 147,528 Full-time Public Affairs Manager 56.792 70.927 9,844 12,294 118,128 147,528 Full-time Real Property Manager 56.792 70.927 9,844 12,294 118,128 147,528 Full-time Assistant General Manager 69.035 86.215 11,966 14,944 143,592 179,328 Full-time * OST will receive an additional 1% stipend for Class A or B license; Lead OST 1% for Class A. Board Appointee Group Compensation Hourly Salary Monthly Salary Annual Salary Effective Date Last Revised General Manager $104.001 $18,027 $216,323 4/1/2014 2/12/2015 Controller - Part-time position $86.833 $15,051 $180,612 4/1/2014 2/12/2015 General Counsel $98.073 $16,999 $203,992 4/1/2014 2/12/2015 51 59 48 51 51 51 51 51 46 39 40 40 41 41 41 42 42 43 43 43 36 35 35 35 35 35 36 Attachment 4 Exhibit C Attachment 5 MOU July 1, 2015 to June 30, 2018 ii TABLE OF CONTENTS ARTICLE 1- PREAMBLE ........................................................................................................................................ 1 ARTICLE 2 - ASSOCIATION RECOGNITION/SECURITY .............................................................................. 1 SECTION 2.1 - RECOGNITION....................................................................................................................................................... 1 SECTION 2.2 - ASSOCIATION SECURITY ...................................................................................................................................... 1 A. New Hires ................................................................................................................................................. 1 B. Agency Shop ............................................................................................................................................. 1 C. Religious Objection to Association Dues .................................................................................................. 1 D. Objections to Amount of Agency Fee ....................................................................................................... 1 E. Revocation of Agency Shop ...................................................................................................................... 3 F. Acknowledgement ..................................................................................................................................... 3 SECTION 2.3 - NOTICE OF CHANGES ........................................................................................................................................... 3 SECTION 2.4 - FEA REPRESENTATIVE/RELEASE TIME ................................................................................................................ 3 SECTION 2.5 - ASSOCIATION NOTICES AND ACTIVITIES ............................................................................................................. 3 A. Bulletin Boards.......................................................................................................................................... 3 B. Communication ......................................................................................................................................... 4 C. Visit by Field Representative .................................................................................................................... 4 D. Board Meeting Agendas ............................................................................................................................ 4 E. Flex Schedule to Attend Board Meetings .................................................................................................. 4 SECTION 2.6 - HOLD HARMLESS ................................................................................................................................................. 4 SECTION 2.7 - SAFETY COMMITTEE ............................................................................................................................................ 4 SECTION 2.8 - HOUSING .............................................................................................................................................................. 4 ARTICLE 3 - NO DISCRIMINATION .................................................................................................................... 4 ARTICLE 4 - DISTRICT RIGHTS .......................................................................................................................... 5 ARTICLE 5 - SCHEDULES, OVERTIME AND CALL-BACK TIME ............................................................... 5 SECTION 5.1 - OVERTIME ............................................................................................................................................................ 5 A. Work Period .............................................................................................................................................. 5 B. Overtime.................................................................................................................................................... 5 C. Compensatory Time Off............................................................................................................................ 6 SECTION 5.2 - CALL-BACK TIME ................................................................................................................................................ 6 A. Rest Breaks ............................................................................................................................................... 6 B. Meal Period ............................................................................................................................................... 6 C. Minimum Call-Back .................................................................................................................................. 6 SECTION 5.3 - ALTERNATE WORK SCHEDULES ........................................................................................................................... 6 A. 9/80 Maintenance Schedule ...................................................................................................................... 6 B. 4/10 Maintenance Schedule ...................................................................................................................... 7 C. 9/80 Ranger/Lead Ranger Schedule .......................................................................................................... 7 D. 4/10 Ranger/Lead Ranger Schedule .......................................................................................................... 8 SECTION 5.4 - PAID MEAL PERIODS ............................................................................................................................................ 8 SECTION 5.5 - COURT APPEARANCES AND COURT STANDBY STATUS ........................................................................................ 8 A. Court Appearances .................................................................................................................................... 8 B. Court Standby ........................................................................................................................................... 8 ARTICLE 6 - WORKERS’ COMPENSATION/ DISABILITY COVERAGE/MODIFIED DUTY .................. 9 SECTION 6.1 - INDUSTRIAL INJURY/WORKERS’ COMPENSATION BENEFITS ................................................................................ 9 SECTION 6.2 – MODIFIED DUTY .................................................................................................................................................. 9 ARTICLE 7 - COMPENSATION AND BENEFITS .............................................................................................. 9 SECTION 7.1 - COMPENSATION ................................................................................................................................................... 9 SECTION 7.2 - BENEFITS ........................................................................................................................................................... 10 A. Medical Insurance ................................................................................................................................... 10 B. Cafeteria Plan .......................................................................................................................................... 10 C. Dental Insurance...................................................................................................................................... 11 D. Vision Care ............................................................................................................................................. 11 E. Basic Life Insurance and Accidental Death and Dismemberment (AD&D) ........................................... 12 F. Optional Supplemental Life Insurance Benefits ...................................................................................... 12 Attachment 5 MOU July 1, 2015 to June 30, 2018 iii G. Part-Time Employees .............................................................................................................................. 12 H. State Disability Insurance (SDI) ............................................................................................................. 12 I. Employee Assistance Program (EAP) ..................................................................................................... 12 J. Long-Term Disability Plan (LTD) .......................................................................................................... 12 K. Retirement ............................................................................................................................................... 12 L. Dependent Care and Medical Expense Reimbursement .......................................................................... 13 M. Retiree Medical Coverage ....................................................................................................................... 13 SECTION 7.3 - PROMOTIONAL COMPENSATION ......................................................................................................................... 13 SECTION 7.4 - ACTING APPOINTMENTS ..................................................................................................................................... 13 SECTION 7.5 - NIGHT-SHIFT DIFFERENTIAL .............................................................................................................................. 14 SECTION 7.6 - SPLIT-SHIFT DIFFERENTIAL ............................................................................................................................... 14 SECTION 7.7 - SHIFT CHANGE DIFFERENTIAL ........................................................................................................................... 14 SECTION 7.8 - PAYCHECKS ....................................................................................................................................................... 14 SECTION 7.9 - COMMERCIAL DRIVER’S LICENSE DIFFERENTIAL FOR OPEN SPACE TECHNICIAN AND LEAD OPEN SPACE TECHNICIAN ............................................................................................................................................................................. 14 SECTION 7.10 - FIELD TRAINING OFFICER (FTO) ..................................................................................................................... 14 SECTION 7.11 - MEDICAL TRAINER ........................................................................................................................................... 15 SECTION 7.12 - LONGEVITY PAY PROGRAM ............................................................................................................................. 15 ARTICLE 8 - EVALUATIONS AND MERIT PAY ............................................................................................. 15 SECTION 8.1 - GENERAL EVALUATION PROCEDURES ................................................................................................................ 15 SECTION 8.2 - SCHEDULE OF EVALUATIONS ............................................................................................................................. 15 A. Probationary Employees ......................................................................................................................... 15 B. Regular Employees ................................................................................................................................. 16 SECTION 8.3 – ANNUAL PERFORMANCE EVALUATIONS FOR REGULAR EMPLOYEES: ............................................................... 16 OVERALL RATINGS/MERIT INCREASES ..................................................................................................................................... 16 A. Meets Standard ........................................................................................................................................ 16 B. Below Standard ....................................................................................................................................... 16 SECTION 8.4 - APPEAL PROCEDURE .......................................................................................................................................... 17 SECTION 8.5 - REMEDIATION PROCESS ..................................................................................................................................... 17 ARTICLE 9 - UNIFORMS ...................................................................................................................................... 18 SECTION 9.1 - NEW HIRES ........................................................................................................................................................ 18 SECTION 9.2 - ALLOWANCE AMOUNT ....................................................................................................................................... 18 SECTION 9.3 - ELIGIBILITY/PRORATING .................................................................................................................................... 18 SECTION 9.4 - PROVIDED ITEMS (NO COST) .............................................................................................................................. 18 SECTION 9.5 - BOOTS, COVERALLS, RAINCOATS, RAINPANTS .................................................................................................. 18 SECTION 9.6 - BOOT REPLACEMENT ......................................................................................................................................... 18 SECTION 9.7- UNIFORM COMMITTEE ........................................................................................................................................ 19 SECTION 9.8 - INITIAL REGULAR UNIFORM ITEMS PROVIDED NEW EMPLOYEES ...................................................................... 19 ARTICLE 10 - VACATION .................................................................................................................................... 20 SECTION 10.1 - ACCRUAL RATES .............................................................................................................................................. 20 SECTION 10.2 - ACCRUAL LIMITS ............................................................................................................................................. 20 SECTION 10.3 - USAGE .............................................................................................................................................................. 20 A. Increments ............................................................................................................................................... 20 B. Scheduling ............................................................................................................................................... 20 SECTION 10.4 – ANNUAL VACATION CASH-OUT ...................................................................................................................... 21 SECTION 10.5 - CASH-OUT UPON TERMINATION ...................................................................................................................... 21 ARTICLE 11 - HOLIDAYS AND PERSONAL LEAVE ..................................................................................... 21 SECTION 11.1 - HOLIDAYS ........................................................................................................................................................ 21 A. Calendar .................................................................................................................................................. 21 B. Eligibility ................................................................................................................................................ 21 C. Observance .............................................................................................................................................. 22 D. Pro-rating ................................................................................................................................................ 22 E. Holidays During Vacation ....................................................................................................................... 22 F. Holiday Falls on Day Off ........................................................................................................................ 22 G. Work On Holiday - Compensation .......................................................................................................... 22 H. Holiday Bank .......................................................................................................................................... 22 Attachment 5 MOU July 1, 2015 to June 30, 2018 iv SECTION 11.2 - PERSONAL LEAVE ............................................................................................................................................ 23 A. Amount.................................................................................................................................................... 23 B. Maximum Accruals ................................................................................................................................. 23 C. Pro-rating ................................................................................................................................................ 23 D. Notification and Scheduling .................................................................................................................... 23 E. Increments ............................................................................................................................................... 24 ARTICLE 12 - LEAVES OF ABSENCE WITH PAY .......................................................................................... 24 SECTION 12.1 - SICK LEAVE ..................................................................................................................................................... 24 A. Accrual .................................................................................................................................................... 24 B. Usage ....................................................................................................................................................... 24 C. Reporting ................................................................................................................................................. 24 D. Ill on Holiday .......................................................................................................................................... 25 E. Ill on Vacation ......................................................................................................................................... 25 F. Integration ............................................................................................................................................... 25 G. Physician Statement ................................................................................................................................ 25 H. Exhaustion of Sick Leave ........................................................................................................................ 25 I. Sick Leave Conversion Program ............................................................................................................. 26 J. Abuse of Sick Leave ............................................................................................................................... 26 K. Performance Evaluation Standard ........................................................................................................... 26 SECTION 12.2 - BEREAVEMENT LEAVE ..................................................................................................................................... 26 SECTION 12.3 - WITNESS OR JURY DUTY LEAVE ...................................................................................................................... 26 SECTION 12.4 - MILITARY LEAVE ............................................................................................................................................. 27 SECTION 12.5 - CATASTROPHIC LEAVE..................................................................................................................................... 27 SECTION 12.6 - ADMINISTRATIVE LEAVE ................................................................................................................................. 27 ARTICLE 13 - FAMILY MEDICAL LEAVES AND LEAVES WITHOUT PAY ............................................ 27 SECTION 13.1 - GENERAL LEAVE .............................................................................................................................................. 27 A. Duration .................................................................................................................................................. 27 B. Request .................................................................................................................................................... 27 C. Benefit Premiums .................................................................................................................................... 27 D. Parental Leave ......................................................................................................................................... 28 E. Adjustment of Anniversary Date/Vacation Accrual/Seniority ................................................................ 28 ARTICLE 14 - TUITION REIMBURSEMENT ................................................................................................... 28 SECTION 14.1 - PREAMBLE ....................................................................................................................................................... 28 SECTION 14.2 - APPROVAL ....................................................................................................................................................... 28 SECTION 14.3 - REIMBURSEMENT ............................................................................................................................................. 28 ARTICLE 15 - GRIEVANCE PROCEDURE ....................................................................................................... 28 SECTION 15.1 - DEFINITIONS .................................................................................................................................................... 28 SECTION 15.2 – GENERAL PROCEDURES ................................................................................................................................... 29 SECTION 15.3 - STEP I ............................................................................................................................................................... 30 SECTION 15.4 - STEP II ............................................................................................................................................................. 30 SECTION 15.5 - STEP III ............................................................................................................................................................ 30 SECTION 15.6 - STEP IV ............................................................................................................................................................ 31 SECTION 15.7 - STEP V ............................................................................................................................................................. 31 ARTICLE 16 - LAYOFFS ....................................................................................................................................... 32 SECTION 16.1 - SENIORITY DEFINED ......................................................................................................................................... 32 SECTION 16.2 - CONSIDERATION OF LAYOFF - NOTICE TO ASSOCIATION ................................................................................. 32 SECTION 16.3 - ORDER OF LAYOFF ........................................................................................................................................... 32 SECTION 16.4 - NOTICE TO EMPLOYEES.................................................................................................................................... 32 SECTION 16.5 - ALTERNATIVES TO LAYOFF .............................................................................................................................. 32 A. Claim Vacancies...................................................................................................................................... 32 B. Displacement ........................................................................................................................................... 32 C. Rate of Pay .............................................................................................................................................. 33 SECTION 16.6 - RE-EMPLOYMENT LISTS ................................................................................................................................... 33 SECTION 16.7 - RIGHTS RESTORED ........................................................................................................................................... 33 ARTICLE 17 - DISCIPLINARY PROCEDURE .................................................................................................. 33 Attachment 5 MOU July 1, 2015 to June 30, 2018 v SECTION 17.1 - PREAMBLE ....................................................................................................................................................... 33 SECTION 17.2 - PRINCIPLES AND PROCEDURES ......................................................................................................................... 33 SECTION 17.3 - GROUNDS FOR DISCIPLINE ............................................................................................................................... 33 SECTION 17.4 - WARNING TYPES OF DISCIPLINE ...................................................................................................................... 34 A. Oral Warning ........................................................................................................................................... 34 B. Written Warning...................................................................................................................................... 34 C. Reprimand ............................................................................................................................................... 35 SECTION 17.5 - PROPERTY LOSS DISCIPLINE ............................................................................................................................ 35 A. Suspension .............................................................................................................................................. 35 B. Demotion ................................................................................................................................................. 36 C. Discharge ................................................................................................................................................ 36 SECTION 17.6 - APPEAL ............................................................................................................................................................ 36 SECTION 17.7 - NOTICE OF INVESTIGATION .............................................................................................................................. 36 SECTION 17.8 - NOTICE OF INTENT TO IMPOSE DISCIPLINE ...................................................................................................... 36 SECTION 17.9 - ELECTRONIC RECORDING ................................................................................................................................. 37 ARTICLE 18 - PROBATIONARY PERIOD......................................................................................................... 37 SECTION 18.1 - LENGTH OF PROBATION ................................................................................................................................... 37 A. Initial Hires ............................................................................................................................................. 37 B. Promotional Appointments ..................................................................................................................... 37 SECTION 18.2 - EXTENSION OF PROBATION .............................................................................................................................. 37 SECTION 18.3 - REJECTION FROM ORIGINAL PROBATION ......................................................................................................... 37 SECTION 18.4 - REJECTION FROM PROMOTIONAL PROBATION ................................................................................................. 38 ARTICLE 19 - CONTRACTING OUT .................................................................................................................. 38 ARTICLE 20 - NO STRIKES/LOCKOUTS .......................................................................................................... 38 ARTICLE 21 - EFFECT OF AGREEMENT ........................................................................................................ 38 ARTICLE 22 - SAVINGS CLAUSE ....................................................................................................................... 38 ARTICLE 23 - TERM OF AGREEMENT ............................................................................................................ 39 SIGNATURE PAGE ................................................................................................................................................ 39 APPENDIX A - DISTRICT SALARY RANGES EFFECTIVE 7/1/15 ................................................................. I APPENDIX B - CATASTROPHIC LEAVE PROGRAM ..................................................................................... II Attachment 5 MOU July 1, 2015 to June 30, 2018 1 ARTICLE 1- PREAMBLE This Memorandum of Understanding (hereinafter, "Agreement" or “MOU”) is entered into by the Midpeninsula Regional Open Space District, a public agency, (hereinafter, "District") and the Midpeninsula Regional Open Space District Field Employees Association (hereinafter, “Association”). This Memorandum of Understanding incorporates by this reference all appendices attached. ARTICLE 2 - ASSOCIATION RECOGNITION/SECURITY SECTION 2.1 - RECOGNITION The Midpeninsula Regional Open Space District recognizes the Midpeninsula Regional Open Space District Field Employees Association as exclusive bargaining representative for all employees in the classifications of Ranger/Lead Ranger, Lead Open Space Technician, Open Space Technician, Equipment Mechanic Operator, Volunteer Program Lead, Farm Maintenance Worker, and any other classification that the District adds to the bargaining unit. Existing job classifications may be retitled but are nonetheless represented by the bargaining unit unless expressly removed by the District. SECTION 2.2 - ASSOCIATION SECURITY A. New Hires When a person is hired in any of the covered job classifications, the District shall notify that person that the Association is the recognized bargaining representative for the employee's representation unit and give the employee a current copy of the MOU. In addition, the District shall have new hires complete an authorization form for payroll deduction of Association dues or service fee in amounts determined by the Association. The service fee amount shall not exceed the standard periodic dues and general assessments of the Association. Once the Association notifies the District of the bi-weekly dues and service fee amounts, those amounts will remain the same and may only be changed once annually thereafter. B. Agency Shop Bargaining unit members employed by the District as of the ratification date of this MOU shall either join the Association and authorize payment of Association dues, or authorize payment of the service fee. Bargaining unit members who are members of the Association may resign membership and opt for agency fee status. Any Association member may exercise his or her rights to resign by giving written notice to the Association and District. C. Religious Objection to Association Dues In the event an employee states a religious objection to paying the Association fees, the District will notify the Association and will not require the employee to complete a payroll deduction authorization form. D. Objections to Amount of Agency Fee A non-member unit employee who is subject to the payment of an agency fee hereunder, shall have the right to object to any part of that fee payable by him or her which is in aid of Political Action committees, or of activities or causes of a partisan political or ideological nature, or that is applied toward the cost of benefits available only to Association members, or that is utilized for expenditures that are not necessarily or reasonably incurred for the purpose of performing the duties incident to meeting and conferring or administering the MOU. An employee shall not be required to pay an agency fee until that fee has been calculated as provided in Section 2.2(D)(1) below and after any appeal that the employee makes under Section 2.2(D)(2) below. Attachment 5 MOU July 1, 2015 to June 30, 2018 2 1. The Association shall be fully responsible for expending funds received under this article in a manner that is consistent with all legal requirements and limitations for expenditures of representation service fees or employee dues which are applicable to public sector labor organizations. Prior to a non-member unit employee having any obligations to pay a representation service fee hereunder, the Association shall make available a detailed financial report in the form of a balance sheet and an operating statement certified as to its accuracy and completeness by its President and Treasurer or corresponding Principal Officer or by a Certified Public Accountant. A timely copy of financial reports required under applicable law shall satisfy this requirement. The Association agrees to update and provide this financial information to unit employees and the District on or before September 1 of each calendar year that there is one or more employee required to pay an agency fee. This financial information must itemize and adequately describe all categories of expenses. This financial information must cover local expenditures as well as uses made by county, state, national and international organizations with which the Association is directly or indirectly affiliated and to whom the Association transmits a portion of its dues and/or representation service fee funds. 2. The Association shall draft a lawful agency fee appeal procedure within 90 days of adoption of this Agreement and shall submit the procedure to the District for legal review. Once approved by the District, this appeal procedure will be available to non-member unit employees who object to the payment of any portion of the representation service fee. Such procedure shall provide for a prompt decision to be made and the impartial decision- maker jointly selected by the association and the objecting employee(s). The Association shall make available a copy of such procedure to non-member unit employees and the District prior to the time that any non-member unit employee becomes subject to the payment of representation service fees. 3. When an authorized agent of the District is served with written notice by a non-member unit employee or employees, or by the Association, that a dispute exists involving employee rights with respect to: 1) representation service fee expenditures or associated Association obligations; or 2) the employee exemption described in this section, the Association shall thereafter deposit such disputed dues or fees in an interest bearing escrow or comparable account pending final resolution of the dispute, and shall so advise, in writing, the other and the complaining employees. The District shall not be obligated to take any other or further action pending the resolution of the dispute. Final resolution as used in this subdivision shall mean resolution of the dispute by way of legally binding settlement agreement between the employee(s) and the Association, or non-appealable final judgment of an administrative agency, the Public Employment Relations Board and/or court of competent jurisdiction. The sole obligation of the District with respect to such disputes is as set forth in this paragraph. The District shall not be made a party to administrative or court proceedings, except to the limited extent when such administrative body and/or court determine such to be necessary for the purpose of enforcing its order or judgment. 4. The District shall not be liable to the Association, employees, or any other party by reason of the requirements of this Section 2.2 for the remittance or payment of any sum other than the constituted actual deductions made from an employee’s wages earned. The Association shall hold the District harmless against any and all claims, demands, suits, orders, judgments or other forms of liability that may arise out of or by reason of action taken by the employer under this Section 2.2, including but not limited to the collection and procedures for collection of Association dues, Association service fees, and reasonable Attachment 5 MOU July 1, 2015 to June 30, 2018 3 cost of the District's attorney fees and costs, along with reasonable cost of management preparation time as well. The District shall not be made a party to any administrative or court proceedings to determine Association dues and/or fees. The District may select and utilize outside counsel of its choice at Association expense if it deems it appropriate or otherwise necessary to address any third party matter arising under Section 2.2 of this Agreement. E. Revocation of Agency Shop The agency shop provisions of this Article may be revoked by the Association membership in the manner provided under Section 3502.5(b) of the California Government Code. In the event of revocation, provisions for Maintenance of Membership shall remain in force. Notwithstanding any of the above, Agency Shop and Maintenance of Membership provision shall also expire at any point when the Association ceases to be the recognized collective bargaining representative for the unit. F. Acknowledgement The parties acknowledge that the Association does not contain management employees and that the law precludes the parties from applying agency shop requirements to such employees. SECTION 2.3 - NOTICE OF CHANGES The Association shall be informed reasonably in advance in writing by the District before any proposed changes not covered by this Agreement are made in benefits, working conditions or other terms and conditions of employment which require negotiations under applicable labor relations law. SECTION 2.4 - FEA REPRESENTATIVE/RELEASE TIME The Association shall notify the District of the names of FEA Board Officers within ten (10) working days of the final election results. The bargaining unit will receive reasonable amounts of release time, with forty eight (48) hours’ prior notification to and approval from the Department Manager and notification to their Supervisor and Human Resources Supervisor, from their duties, with no loss of pay or benefits. The Association and District will make every effort to schedule meetings at times, dates, and locations that would minimize any adverse impact on District operations. Up to four (4) Association Representatives may be released for purposes of collective bargaining for a new labor agreement. Up to three (3) Association Representatives may be released for purposes of negotiating over any other matter within the scope of representation that requires negotiation. The number of employees released for handling grievances or disciplines shall not exceed one (1) at any time. SECTION 2.5 - ASSOCIATION NOTICES AND ACTIVITIES A. Bulletin Boards The District agrees to provide bulletin board space for Association notices at all field offices. If the Association posts any material which the District deems inappropriate, the Association agrees to meet to discuss the challenged material within 48 hours (excluding holidays and weekends) of notice from the District. All material posted shall not be obscene and shall not constitute harassment, discrimination or retaliation based on a legally protected status. The Human Attachment 5 MOU July 1, 2015 to June 30, 2018 4 Resources Supervisor or his/her designee reserves the right to remove any material posted in violation of this section if the Association refuses to remove the material on its own. B. Communication The Association may distribute information and material to and receive information and material from employees through normal channels. For purposes of this Section, normal channels shall refer to the District's Pony system, e-mail, facsimile machine and telephone. C. Visit by Field Representative The Association Labor Representative may have access to unit employees at either field office (Skyline and Foothills). The Labor Representative shall be allowed reasonable contact with employees, provided such contact does not interfere with employees' work. Pre-arrangement for contact with unit members shall be made with the Department Manager. D. Board Meeting Agendas The District shall provide the Association with agendas for Regular and Special Meetings of the Board of Directors and packet materials at no charge. The District shall also provide the Association with agendas for the Board of Directors Legislative, Finance, and Public Affairs committee meetings. Agendas shall be e-mailed to the Association’s designated representative prior to the respective Board meetings. E. Flex Schedule to Attend Board Meetings The District agrees, with at least 48 hours prior notice, to allow flex scheduling for one member of the unit, without impact to work duties and responsibilities, to attend public Board meetings of the Midpeninsula Regional Open Space District, (including public standing committee meetings), which are scheduled during an interested employee’s regularly scheduled work hours, as long as minimum staffing requirements are met. The Association agrees that the District will not pay any split shift differentials as a result of flex scheduling under this provision. SECTION 2.6 - HOLD HARMLESS The Association hereby agrees to defend, indemnify and hold harmless the District and its officers and employees from any claim, loss, liability or cause of action of any nature whatsoever arising out of operation of this Article. SECTION 2.7 - SAFETY COMMITTEE The bargaining unit shall choose three (3) field staff representatives for the District safety committee. The representatives shall come from the bargaining unit at large, except no more than two (2) shall come from any geographical area. When there are two (2) from the same geographical area, they must be from different classifications. (For purposes of this section, Open Space Technician, Lead Open Space Technician, Equipment Mechanic-Operator, Volunteer Program Lead and Farm Maintenance Worker are considered one classification.) SECTION 2.8 - HOUSING During 2015, the District and the FEA will discuss updates to the District’s policy governing employee use of District-owned housing. ARTICLE 3 - NO DISCRIMINATION All employees must comply with the District’s Nondiscrimination and Sexual Harassment Policy and applicable Federal and California laws. Attachment 5 MOU July 1, 2015 to June 30, 2018 5 ARTICLE 4 - DISTRICT RIGHTS Except as expressly limited by this Agreement, and as thereafter amended or modified, it is understood and agreed by the Association that the District retains all of its powers to direct, manage and control the affairs of the District to the full extent of the law. Included in, but not limited to, those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of services to be provided and the methods and means of providing them; establish District policies, goals and objectives; maintain the efficiency of District operations; acquire District property; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; and contract out work. In addition, the District retains the right to hire, classify, assign, evaluate, promote, terminate and discipline employees. ARTICLE 5 - SCHEDULES, OVERTIME AND CALL-BACK TIME SECTION 5.1 - OVERTIME A. Work Period The work period for employees shall be regular and recurring, commencing at 12:00 a.m. on Monday and ending at 11:59 p.m. on Sunday, unless an alternative work schedule necessitates a different work period to prevent schedules from creating overtime. Except for emergency or other situations declared by an Area Superintendent or any District Manager, the following shall apply: 1. Rangers/Lead Rangers shall be assigned to a work schedule of either a) five (5) days per week, eight (8) continuous hours per day with two (2) consecutive days off or b) an alternate work schedule as defined below in Section 5.3. 2. Open Space Technicians/Lead Open Space Technicians/Equipment Mechanic- Operators/Farm Maintenance Workers/Volunteer Program Lead shall generally be assigned to a work schedule of either a) five (5) days per week, of eight (8) continuous hours each with two (2) consecutive days off or b) an alternate work schedule as defined below in Section 5.3. B. Overtime Overtime shall be defined as that time authorized and actually worked by an employee in excess of the scheduled workday or in excess of forty (40) hours within the work period, exclusive of a non- paid meal period. Overtime work may be ordered or authorized by a District Manager, Area Superintendent, or the employee’s immediate supervisor. Any hours in paid District status will count as "hours worked" for purposes of determining overtime. Employees shall be compensated at the rate of one-and-one-half (1 ½) times the employee's regular hourly rate of pay for hours worked in excess of the scheduled workday or forty (40) hours in the work period. This Section shall not apply to part-time employees unless the workday exceeds eight (8) hours, or the scheduled work day, whichever is greater. Attachment 5 MOU July 1, 2015 to June 30, 2018 6 C. Compensatory Time Off Employees may request compensatory time off (CTO) in lieu of overtime pay. Use of CTO shall be approved in advance by the supervisor. CTO shall be computed at a rate of one and one-half (1 ½) times the overtime hours worked. The request for CTO shall be made when the employee submits his/her time card. Employees may accumulate up to thirty-three and one-third (33 1/3) hours of extra hours (50 hours of CTO). Once the cap is reached, employees shall be paid for all overtime worked. Employees may cash out all or a portion of their accumulated CTO at any time. The request must be made in writing and submitted with the employee time card. The District may elect to pay probationary employees overtime pay in lieu of CTO accrual for overtime work as a result of training. SECTION 5.2 - CALL-BACK TIME Employees on call-back time away from their residences are entitled to rest breaks and meal periods as follows: A. Rest Breaks After two (2) consecutive hours the employee is entitled to a ten (10)-minute paid rest break. B. Meal Period After four (4) consecutive hours, the employee is entitled to a thirty (30)-minute meal period. The meal period may be paid or unpaid on the same basis as meal periods during the regular shift. C. Minimum Call-Back Any employee not residing in District housing, called back to work from his/her residence outside of his/her regular work hours, will receive a minimum of three (3) hours of call-back time paid at time and one-half (1½) commencing upon arrival at the employee’s work station. A total of one (1) hour of commute time, to and from the employees work station, shall be provided for and included in the (3) hour minimum call-back time. Any employee residing in District housing, called back to work from his/her residence outside of his/her regular work hours, will receive a minimum of one (1) hour of call-back time paid at time and one-half (1½) commencing upon logging-on to dispatch. SECTION 5.3 - ALTERNATE WORK SCHEDULES The District will generally make available alternate work schedules in each geographical area subject to the guidelines below. The District reserves the right to revert to a 5/8 schedule, and to make work period and work schedule adjustments any time up to the start of each workweek to address the business needs of the District, including, but not limited to, unplanned staff shortages, volunteer projects, special events, training, special work assignments, and other project staffing needs. A. 9/80 Maintenance Schedule 1. The 9/80 schedule will be the regular year round schedule assigned to all OST/LOST/EMO positions in each geographical area. Attachment 5 MOU July 1, 2015 to June 30, 2018 7 2. A 9/80 schedule will normally alternate between a week of five (5) consecutive work days, consisting of one eight (8) hour workday and four nine (9) hour days, followed by three (3) consecutive days off and a week of four (4) consecutive nine (9) hour workdays each, followed by two (2) consecutive days off. The Fair Labor Standards Act work week for the 9/80 schedule begins at the midway point on the day of the week that is opposite the day off. No employee on a 9/80 alternative work schedule is entitled to daily overtime as a result of working the scheduled hours in his or her alternate schedule. B. 4/10 Maintenance Schedule 1. The District may assign employees in OST, LOST and/or EMO positions to a 4/10 work schedule. 2. An employee assigned to a 4/10 schedule will normally work the same days each week followed by three (3) consecutive days-off. No employee on a 4/10 alternative work schedule is entitled to daily overtime as a result of working the hours associated with that schedule. C. 9/80 Ranger/Lead Ranger Schedule 1. The 9/80 schedule opportunity will be available to Rangers/Lead Rangers and will be routed between Rangers/Lead Rangers who are qualified to participate in the program based on seniority within the same field office and the groups sharing common days-off. By December 1, each group of Rangers/Lead Rangers sharing common days off shall meet and alternately select, based on seniority, a four (4) week scheduling period. In the event there are four-week schedules remaining after the initial selection process, the remaining schedules will be made available to other qualified members of the group based upon seniority, rotating until all available pay periods have been filled. Requests may be canceled prior to the fifth Friday of the preceding schedule, except for the final schedule of the calendar year for which an earlier cancellation deadline shall be set. Canceled or otherwise available 9/80 schedules will be assigned on a rotating basis to qualified Rangers/Lead Rangers who have expressed interest prior to the fifth Friday of the preceding schedule. 2. The 9/80 schedule for Rangers/Lead Rangers will be rotated on a scheduling cycle per each change of staff. A 9/80 schedule will normally alternate between a week of five (5) consecutive work days, consisting of one day of eight (8) hours and four days of nine (9) hours, followed by three (3) consecutive days off and a week of four (4) consecutive work days of nine (9) hours each, followed by two (2) consecutive days off. The Fair Labor Standards Act work week for the 9/80 schedule begins at the midway point on the day of the week that is opposite the day off. No employee on a 9/80 alternative work schedule is entitled to daily overtime as a result of working the scheduled hours in his or her alternate schedule. 3. A maximum of two Rangers/Lead Rangers from each geographical team can be scheduled on an alternate 9/80-schedule program if the team has at least four (4) full-time-equivalent (FTE) rangers working independently. If the team has only three FTE rangers, then only one (1) staff member for that team can have the 9/80 schedule. If the Ranger/Lead Ranger team has less than three FTE team members available to work an alternate schedule as a ranger, then the 9/80 schedule will be discontinued. Minimum staffing will continue to be a priority over alternate scheduling. Attachment 5 MOU July 1, 2015 to June 30, 2018 8 4. The 9/80 schedules will not be altered to accommodate vacation requests, other than guaranteed vacations. The eight-hour day will be a weekend day. D. 4/10 Ranger/Lead Ranger Schedule 1. The District may assign Rangers/Lead Rangers to a 4/10 work schedule. The District will normally assign Rangers/Lead Rangers with the highest seniority to this schedule. 2. An employee assigned to a 4/10 schedule will normally work four consecutive days followed by three (3) consecutive days-off. No employee on a 4/10 alternative work schedule is entitled to daily overtime as a result of working the hours associated with that schedule. 3. The 4/10 schedule will not be altered to accommodate vacation requests, other than guaranteed vacations. SECTION 5.4 - PAID MEAL PERIODS 1. Rangers/Lead Rangers shall receive a thirty (30) minute paid meal period if: 1) assigned to a patrol shift; 2) assigned to a volunteer project; or 3) responsible for monitoring the radio to respond to emergencies during full day trainings or events. 2. Maintenance staff who are assigned to work a volunteer project for a minimum of four (4) hours in a work day, inclusive of the employee’s normal lunch hour, shall be entitled to a thirty (30) minute paid meal period. SECTION 5.5 - COURT APPEARANCES AND COURT STANDBY STATUS A. Court Appearances An employee who is required to appear in court, outside of his/her regular work hours, as a witness in a matter involving the employee which occurred in the course of his/her District duties, will receive a minimum of two (2) hours of callback time paid at time and one-half (1½), as long as the court appearance does not overlap with his/her scheduled shift. B. Court Standby An employee who is placed by the court on standby outside of his/her regular work hours as a witness in a matter involving the employee which occurred in the course of his/her District duties, if not in conflict with the instructions of the court, may choose to report to work or remain available to the court away from work. Employees who choose to report to work will receive a minimum of two (2) hours standby time, paid at time and one-half (1½), provided the court appearance does not overlap with his/her scheduled shift. An employee who chooses to remain available to the court away from work will receive compensation of one-half (½) of their hourly rate of pay for a minimum of two (2) hours, provided the court standby does not overlap with his/her scheduled shift or any other on-duty work time. Attachment 5 MOU July 1, 2015 to June 30, 2018 9 ARTICLE 6 - WORKERS’ COMPENSATION/ DISABILITY COVERAGE/MODIFIED DUTY SECTION 6.1 - INDUSTRIAL INJURY/WORKERS’ COMPENSATION BENEFITS If, during the performance of assigned duties, an on-duty employee sustains an on-the-job injury covered by Workers’ Compensation, the District shall augment Workers’ Compensation, long-term disability, and other benefits in order to provide for full pay for the disabled employee up to a maximum of ninety (90) days in a twelve month period without use of the employee's accrued leave time, except that the employee must use accrued leave time to cover the three (3) day waiting period for Workers’ Compensation temporary disability payments, unless the employee is hospitalized as an inpatient or unable to work more than fourteen (14) days. Employee disability coverage will also apply to follow-up medical appointments that occur during work time as a result of an industrial illness or injury covered by Workers’ Compensation. The employee must notify the supervisor of all such medical appointments that occur during work time in the same manner as Section 12.1(C), Sick Leave Reporting. Employee disability coverage will not be provided if the District offers the employee a modified duty assignment within the employee's medical limitations and the employee declines the modified duty assignment. SECTION 6.2 – MODIFIED DUTY In cases of injury or illness, including pregnancy, an employee may return to work for modified duty upon approval of District administration and in consultation with the employee's treating physician. The employee shall receive his/her regular rate of pay during the modified duty. Approval for modified duty shall be based upon the District's ability to provide work consistent with the employee's qualifications, medical limitations, and the length of time of the limitations. The District may consult a physician in determining the employee’s work limitations. If there is disagreement between the employee's doctor and the District's doctor, the District may seek a second opinion from its doctor or seek a third doctor's opinion. Modified duty requests shall be made to the employee's immediate supervisor with appropriate documentation from the treating physician specifying the nature and duration of the work limitations. The supervisor shall review the request and the documentation for completeness and immediately forward them to the Area Superintendent. The Area Superintendent shall then consult with the Human Resources Department and shall determine if appropriate work is available at the employee’s workstation before assigning the employee to another workstation. However, employees on modified duty must be willing to accept any modified duty assignment, schedule and/or work location within the District. The decision of the District with respect to modified duty assignments, schedule or work location is final. The duration of the modified duty assignment is subject to the needs of the District. The provisions of this section are not intended to create any permanent modified duty assignment. If there are more employees who could accept modified duty than there are assignments, and the employees are comparably qualified, preference will go to those injured on the job. The District will make every reasonable effort to accommodate injured employees and offer a modified duty assignment. ARTICLE 7 - COMPENSATION AND BENEFITS SECTION 7.1 - COMPENSATION The salary adjustments referred to in this section shall be effective at the beginning of the pay period which includes each specified effective date. Attachment 5 MOU July 1, 2015 to June 30, 2018 10 1. Upon ratification and Board approval of this MOU: • All employees in bargaining unit positions shall receive a three (3.0) percent salary adjustment, unless a different amount is stated below; • The position of Equipment Mechanic Operator shall receive an eight (8.0) percent salary adjustment to align more closely with the current competitive market for that classification yet maintain internal alignment with the newly created “Lead Ranger” classification. • The salary range for “Lead Ranger” will be established at five (5) percent above the Ranger classification. 2. Effective July 1, 2016, all employees in bargaining unit positions shall receive a salary adjustment according to the San Francisco Area Consumer Price Index for All Urban Consumers for the year preceding the adjustment from February to February. The July 1, 2016 salary adjustment shall be not less than two (2.0) percent or greater than three (3.0) percent. 3. Effective July 1, 2017, all employees in bargaining unit positions shall receive a salary adjustment according to the San Francisco Area Consumer Price Index for All Urban Consumers for the year preceding the adjustment from February to February. The July 1, 2017 salary adjustment shall be not less than two (2.0) percent or greater than three (3.0) percent. SECTION 7.2 - BENEFITS A. Medical Insurance The District participates in the CalPERS Health Insurance Program, which offers a choice of several medical plans available to District employees The District will continue to contribute $350.00* per month toward the cost of medical insurance for regular, full time employees. (*See Section B. below.) B. Cafeteria Plan The District will continue to provide a Section 125 Cafeteria Plan that employees may use to pay for the cost of medical, dental, and vision insurance as well as Dependent Care and Medical Reimbursements on a pretax basis. The District will provide a contribution into the Cafeteria Plan sufficient to pay for dental and vision insurance, plus an additional amount toward medical insurance as described below. The Cafeteria Plan contribution will be adjusted as described below. 1. Effective the first pay period at the beginning of the month following contract ratification and District Board approval, the District will provide monthly contributions to the Cafeteria Plan in the following amounts for each coverage tier: Employee Only: $810.00 Employee Plus One: $1,375.00 Employee Plus Two or More: $1,715.00 If the employee selects a plan with a greater premium cost than the District contribution, the employee will pay the additional premium cost. 2. Effective July 1, 2016, the District Cafeteria Plan contribution will be adjusted according to the San Francisco Area Consumer Price Index for All Urban Consumers for the year Attachment 5 MOU July 1, 2015 to June 30, 2018 11 preceding the adjustment from February to February. The July 1, 2016 Cafeteria Plan adjustment shall be not less than 2.0 percent or greater than 3.0 percent. 3. Effective July 1, 2017, the District Cafeteria Plan contribution will be adjusted according to the San Francisco Area Consumer Price Index for All Urban Consumers for the year preceding the adjustment from February to February. The July 1, 2017 Cafeteria Plan adjustment shall be not less than 2.0 percent or greater than 3.0 percent. 4. Cash Back: In the event CalPERS offers a medical insurance plan with lower premiums than the District contribution, an employee selecting such a plan will have contributions remaining in the Cafeteria Plan and may apply the remaining contribution to other qualified benefit costs, or receive the difference in cash. 5. Waiver: If an employee provides evidence (e.g. insurance ID card) that he/she is covered under a non-District medical plan, he/she may elect to waive such coverage through the District. Employees waiving medical coverage will receive contributions under the Cafeteria Plan equivalent to one-half of the District Employee Only contribution, and may elect to apply such contribution toward other qualified benefit costs or receive the difference in cash. 6. If the District determines, before or during any Cafeteria Plan year, that the Cafeteria Plan may fail to satisfy any requirements of the Internal Revenue Code for such plan year, the District shall take such action as the District deems appropriate and necessary to ensure that the Cafeteria Plan satisfies the requirements of the IRS Code. C. Dental Insurance For the term of the Agreement, the District will continue to make available the Delta Dental Plan that is provided to the District as a subgroup of Santa Clara County. The District will provide a similar plan if the Delta Dental Plan becomes unavailable, and will meet and confer with the bargaining unit if such replacement plan is needed. The District will pay the full premium cost of the dental plan coverage for employees and dependents as a contribution to the Cafeteria Plan. If an employee is currently covered under a non-District provided dental plan, basically equivalent to that provided by the District, the employee may elect to waive such coverage through the District. An employee who elects to waive dental coverage will receive the cash equivalent of one- half (½) of the dental premium, and may elect to use it for other benefit costs or receive it in cash. The District agrees to provide same-sex domestic partner coverage in the plan listed above, if the plan allows for the domestic partner’s enrollment. D. Vision Care For the term of the Agreement, the District will continue to make available the Vision Service Plan as provided to the District as a subgroup of Santa Clara County. The District will provide a similar plan if the Vision Service Plan becomes unavailable, and will meet and confer with the bargaining unit if such replacement plan is needed. The District will pay the full premium cost of the vision plan coverage for employees and dependents as a contribution to the Cafeteria Plan. Attachment 5 MOU July 1, 2015 to June 30, 2018 12 An employee may elect to waive vision plan coverage through the District. An employee who elects to waive vision coverage may elect to apply the full amount of the vision plan premium toward other benefit costs or receive it in cash. The District agrees to provide same-sex domestic partner coverage in the plan listed above, if the plan allows for the domestic partner’s enrollment. E. Basic Life Insurance and Accidental Death and Dismemberment (AD&D) The District agrees to continue to provide basic group term life and AD&D insurance coverage equivalent to two times (2X) the employee’s annual salary up to a maximum benefit of $350,000. Employee life insurance amounts over $50,000 are subject to annual tax withholding. Note: the two times (2x) the employee’s annual salary may be subject to benefit reductions required by the carrier for employees age 70 and older. The District also agrees to continue to provide a separate group term life insurance benefit in a flat amount of $25,000. F. Optional Supplemental Life Insurance Benefits The District agrees to continue to provide employees the option of electing Supplemental Life Insurance at the employee’s cost. G. Part-Time Employees Medical, dental, vision and basic life insurance benefits for regular part-time (one-half time or greater) employees shall be provided on a pro-rata basis unless greater employer contributions are required by law. H. State Disability Insurance (SDI) For the term of this Agreement, the District agrees to continue payroll deduction of State Disability Insurance premiums for all employees. I. Employee Assistance Program (EAP) The District shall enroll all bargaining unit employees in an Employee Assistance Program and shall pay the full cost of the program. J. Long-Term Disability Plan (LTD) For the term of the Agreement, the District agrees to continue the current level of benefits of the Long-Term Disability Plan. Employees will pay the premium for this coverage. K. Retirement 1. The District contracts with the California Public Employees' Retirement System (CalPERS) to provide pension benefits for full-time employees. The pension formula for “classic” employees is the local Miscellaneous 2.5% at age 55 Retirement Plan. Classic employees pay 8% of pensionable salary to pay the employee CalPERS contribution. The pension formula for “new” employees is the local Miscellaneous 2.0% at age 62 Retirement Plan. New employees pay one-half of the normal cost of their pension plan to pay the employee CalPERS contribution. 2. Upon ratification of this Agreement, the District will contact CalPERS and request a Attachment 5 MOU July 1, 2015 to June 30, 2018 13 determination as to which classifications, if any, are eligible for a safety retirement under the Public Employees’ Pension Reform Act (“PEPRA”). The District will share CalPERS’s determination with the FEA. With regard to any classification(s) deemed eligible by CalPERS for safety retirement, and if the FEA determines that it wishes to continue to pursue further analysis, the District will request from CalPERS an actuarial analysis to determine the estimated cost of such benefit to the applicable employees and to the District. If such an analysis is desired, the FEA shall inform the District in writing on or before December 30, 2016 of its request to obtain the actuarial analysis. The District will request the analysis from CalPERS at a point in time sufficient to provide information regarding eligibility and cost to the FEA six (6) months prior to the expiration of this Agreement or as soon as practicable thereafter. L. Dependent Care and Medical Expense Reimbursement The District will provide a Dependent Care Plan and Medical Expense Reimbursement Plan in accordance with Internal Revenue Code Section 125. Such plans enable employees to pay for dependent care and unreimbursed medical, dental, or other health care expenses on a pre-tax basis. M. Retiree Medical Coverage An employee who retires from the District and who begins receiving CalPERS retirement benefits within one hundred twenty (120) days of separation from District employment will be eligible to continue his/her CalPERS medical plan coverage during retirement. The District will continue to contribute Three Hundred Fifty Dollars ($350.00) per month toward the cost of such employee’s retiree medical plan premium. SECTION 7.3 - PROMOTIONAL COMPENSATION An employee promoted to a class having a higher salary range shall be appointed at the beginning of the salary range of the new class or receive an adjustment equivalent to five (5) percent above the employee's present salary (limited to the top of the new salary range), whichever is greater. In addition, the employee will receive an adjusted merit pay increase (limited to the top of the new salary range) based on the number of months worked since the last annual evaluation in accordance with the following schedule: Months* Worked Since Merit Pay Last Annual Evaluation Increase 1 through 6 months 1 step – 2.5 percent 7 through 12 months 2 steps - 5.0 percent *Month is equivalent to a calendar month irrespective of how many days are in each month. SECTION 7.4 - ACTING APPOINTMENTS An employee appointed by the General Manager to act in the capacity of and to perform the work of a higher classification, normally due to a position vacancy or a temporary absence of an employee due to vacation, illness, or short-term leave, shall be paid at least five (5) percent more than his/her current salary or the minimum salary range assigned to the higher classification, whichever is greater, for a specific period of time designated by the General Manager, as long as the acting appointment exceeds forty (40) consecutive working hours. After the 40- hour threshold, acting pay shall be retroactive to the first day an employee is assigned the higher classification responsibilities. An employee appointed to a supervisory position outside the bargaining unit shall agree to withdraw from any Association representation function, e.g., steward, while in the acting position. Attachment 5 MOU July 1, 2015 to June 30, 2018 14 SECTION 7.5 - NIGHT-SHIFT DIFFERENTIAL Employees shall receive a night-shift differential of Three Dollars ($3.00) per hour, paid to employees for each hour worked after 2:00 p.m. when at least four (4) hours of an assigned work schedule or additional work approved by a supervisor occurs after 5:00 p.m. and before 6:00 a.m. SECTION 7.6 - SPLIT-SHIFT DIFFERENTIAL Employees shall receive a differential of Forty Dollars ($40.00) per workday for each split shift actually worked. Differential pay shall be reserved to split shifts required to be worked by the District, not those requested by the employee. SECTION 7.7 - SHIFT CHANGE DIFFERENTIAL Non-emergency – if an employee’s scheduled shift is cancelled or changed by a supervisor without seventy-two (72) hours notice, the affected employee shall be paid Thirty Dollars ($30.00). The shift change differential will be paid on a one-time per continuous days of occurrence. Overtime at the beginning or end of a regularly scheduled shift does not qualify for this shift change differential pay unless the employee was required to attend a training on less than 72 hours’ notice. Emergency – In the event of a “Declaration of an Emergency” by an Area Superintendent or any District Manager requiring a shift change without twenty four (24) hours prior notice, the affected employee shall be paid Thirty Dollars ($30.00). The shift change differential will be paid on a one-time per emergency basis. Notification – the supervisor or manager making the change (non-emergency or emergency) will make every attempt to verbally contact the affected employee in person or by telephone prior to making the shift change. In the event the employee cannot be verbally reached, the supervisor will leave a voice mail message, text message, and e-mail to the extent possible, of the need for a shift change. SECTION 7.8 - PAYCHECKS Paychecks and direct deposits will be available to employees no later than 4:00 p.m. on Friday following the end of the pay period. In the event there is a holiday on Friday in which the District and banks are closed, the paychecks will be delivered no later than 4:00 p.m. on Thursday. SECTION 7.9 - COMMERCIAL DRIVER’S LICENSE DIFFERENTIAL FOR OPEN SPACE TECHNICIAN AND LEAD OPEN SPACE TECHNICIAN Open Space Technicians who possess or acquire a valid Class A or Class B license with tanker endorsement and who are willing to use it as directed by the District will receive a one percent (1%) differential in pay. Lead Open Space Technicians who have a valid Class A license and are willing to use it as directed by the District will receive a one percent (1%) differential in pay. All participants shall be part of the Department of Transportation random drug testing program and requirements. Employees participating in this program who are not already licensed will be responsible for acquiring their license on their own time and their own expense. However the District will cover the cost of the required physical, and will assist with the behind-the-wheel driving training and practice. SECTION 7.10 - FIELD TRAINING OFFICER (FTO) A Ranger serving as a “Field Training Officer” shall be paid (5) percent more than his/her current salary for the time he/she is in this assignment actively training staff or when specifically assigned to be in the FTO role. Approval for the FTO assignment time shall be made by the Department Manager. Attachment 5 MOU July 1, 2015 to June 30, 2018 15 SECTION 7.11 - MEDICAL TRAINER An employee acting as a “Medical Trainer” (primarily teaching First Aid, CPR/AED, Blood Borne Pathogens, etc.) will be paid (5) percent more than his/her current salary for the time required to prepare and teach the class. Approval for the acting assignment time shall be made by the Department Manager. SECTION 7.12 - LONGEVITY PAY PROGRAM A field employee, who has worked for the District for a minimum of ten (10) consecutive years and who has no below standard rating in the employee’s performance evaluation for the last year, will be eligible to receive a one percent (1%) lump sum payment of annual salary each year after completion of the annual performance evaluation. This benefit applies to both full-time and part-time District employees. The lump sum payment will not adjust the salary range, will not count toward the calculation of annual salary for the purpose of computing life insurance coverage or long-term disability (LTD) wages, and is not pensionable. ARTICLE 8 - EVALUATIONS AND MERIT PAY SECTION 8.1 - GENERAL EVALUATION PROCEDURES A. Evaluations will normally be done one-on-one, between the employee and his/her immediate supervisor. If the District wants a second supervisor or administrator to take part in a particular evaluation, the employee will have the right to Association representation during the evaluation. B. Employees who have concerns about their evaluation shall have the right to schedule a follow-up meeting, with the immediate supervisor to discuss those concerns. An Association representative from the bargaining unit may accompany the employee. This meeting is informal and does not constitute an appeal. C. The parties agree that any individual rating on an area other than “Meets Standard” requires an entry in the “Comments” section. D. Any “Below Standard” rating in any area must be based upon a violation of an established performance evaluation standard or incidents about which the employee was given notice within 10 working days after the supervisor became aware that they occurred. The supervisor will make clear to the employee when a notice pursuant to this section is taking place. An Interim Progress Report and Probationary Performance Evaluation may be utilized as a notice pursuant to this section. SECTION 8.2 - SCHEDULE OF EVALUATIONS A. Probationary Employees 1. 12-Month Probation Employees shall serve twelve (12) months probation and shall receive a Probationary Performance Evaluation from their supervisor at three (3) months of employment, at six (6) months of employment, and at twelve (12) months of employment. 2. An overall “Meets Standard” evaluation at completion of probation will result in an automatic five-percent increase in pay. Attachment 5 MOU July 1, 2015 to June 30, 2018 16 B. Regular Employees 1. Interim Progress Report Regular employees will receive Interim Progress Reports concerning their job performance six (6) months after they have completed probation and every twelve (12) months thereafter. Interim Progress Reports do not result in merit pay increases. An overall rating of “Below Standard” on an Interim Progress Report will not result in loss of a merit pay increase. 2. Annual Performance Evaluation Each year, employees will receive a mid-year progress report concerning their job performance six (6) months from their anniversary date. The evaluative period for annual performance evaluations will start on the anniversary date and end one year later. Employees should receive their evaluation within two (2) weeks after the end of the evaluation period. Evaluations may not be presented prior to the end of the evaluation period unless the employee will be on leave or on days-off through the end of that evaluation period. SECTION 8.3 – ANNUAL PERFORMANCE EVALUATIONS FOR REGULAR EMPLOYEES: OVERALL RATINGS/MERIT INCREASES A. Meets Standard 1. Ranger/Lead Ranger, Equipment Mechanic-Operator, Lead Open Space Technician, and Volunteer Program Lead No more than three (3) areas of performance are rated “Below Standard”. A “Meets Standard” rating will result in an automatic five-percent merit increase, until such time as the employee has reached the top of his/her salary range. 2. Open Space Technician and Farm Maintenance Worker No more than two (2) areas of performance are rated “Below Standard”. A “Meets Standard” rating will result in an automatic five-percent merit increase, until such time as the employee has reached the top of his/her salary range. B. Below Standard 1. Ranger/Lead Ranger, Equipment Mechanic-Operator, Lead Open Space Technician, and Volunteer Program Lead More than three (3) areas of performance are rated “Below Standard”. A “Below Standard” rating will result in no merit pay increase, but shall be subject to the Appeal Procedure (Section 8.4 below) and the Remediation Process (Section 8.5 below). 2. Open Space Technician and Farm Maintenance Worker More than two (2) areas of performance are rated “Below Standard”. A “Below Standard” rating will result in no merit pay increase, but shall be subject to the Appeal Procedure (Section 8.4 below) and the Remediation Process (Section 8.5 below). 3. “Below Standard” ratings in the same area of performance that are consecutive in two (2) Annual Performance Evaluations will result in an Overall Rating of “Below Standard”. Such a “Below Standard” rating will result in no merit pay increase but shall be subject to Attachment 5 MOU July 1, 2015 to June 30, 2018 17 the Appeal Procedure (Section 8.4 below) and the Remediation Process (Section 8.5 below). SECTION 8.4 - APPEAL PROCEDURE In the event of an overall “Below Standard” Annual Performance Evaluation (regular employees only), affected employees may appeal the rating using the following procedure. A. Appeals shall be in writing and shall be filed with the Department Manager no later than ten (10) business days after receipt of the evaluation. B. Appeals must be based on the charge that the supervisor abused his/her discretion. "Abuse of discretion" shall mean basing the evaluation on information that is not factual and/or exercising disparate treatment in the evaluation of different employees. C. Within thirty (30) days of receipt, a panel shall convene to consider the appeal. The panel shall consist of (1) the Human Resources Supervisor; (2) the employee's representative; and (3) the General Manager or his/her designee. D. The decision of a majority of the panel is final. In the event the decision involves changing the overall rating to “Meets Standard”, the automatic five-percent increase shall be effective (retroactive to) the employee's original evaluation date. SECTION 8.5 - REMEDIATION PROCESS In the event of an overall rating of “Below Standard” that is not changed on appeal (see Section 8.4 above), the employee shall be in Remediation. The purposes of Remediation are: 1) to give the employee and the supervisor an opportunity to work together on correcting deficiencies identified in the evaluation and; 2) to give the employee an opportunity to achieve a “Meets Standard” rating. Remediation will include a Plan for Individual Improvement, which will specify areas where improvement in performance is needed. Remediation can include a temporary or permanent change of duty station. Remediation may include more frequent performance reviews to assist the employee in improving performance. The term of the Plan for Individual Improvement shall be concurrent with the period of Remediation. A. The period of Remediation shall be no longer than six (6) months from the original evaluation date. B. Employees on Remediation will be reevaluated at three (3) months and six (6) months (if necessary) following the original “Below Standard” evaluation date. C. If any of the evaluations in "B" above result in a “Meets Standard” overall rating, the employee shall receive a five-percent merit increase, if the employee has not yet reached the top of his/her salary range, effective the date of that evaluation. D. Failure to attain a “Meets Standard” overall rating within the Remediation period may result in disciplinary action pursuant to Article 17. No merit pay increase shall result until the employee attains a “Meets Standard” overall rating. If the employee fails to attain a “Meets Standard” overall rating during Remediation, the employee will not be eligible for a merit pay increase until the employee’s next Annual Performance Evaluation. E. Attaining an Overall Rating of Meets Standard In order to attain an overall rating of “Meets Standard” during Remediation, the following standards will apply: For the classifications of Ranger/Lead Ranger, Equipment Mechanic- Attachment 5 MOU July 1, 2015 to June 30, 2018 18 Operator, Lead Open Space Technician, and Volunteer Program Lead, no more than three (3) areas of performance are rated “Below Standard”. For the classifications of Open Space Technician and Farm Maintenance Worker, no more than two (2) areas of performance are rated “Below Standard”. For all classifications, if the employee has an overall rating of “Below Standard” as the result of consecutive “Below Standard” ratings in the same area or areas of performance on two (2) Annual Performance Evaluations, that area or areas of performance must be rated “Meets Standard”. ARTICLE 9 - UNIFORMS SECTION 9.1 - NEW HIRES Newly hired employees in the bargaining unit shall receive their initial regular uniform items from the District at no cost to the employees. For the list of regular uniform items, see Section 9.8. SECTION 9.2 - ALLOWANCE AMOUNT The annual uniform allowance shall be Seven Hundred and Seventy Five Dollars ($775) which will be evenly distributed throughout each of the 26 pay periods. The District shall pay any additional cost for oversized uniform items that are commercially available (not custom or tailored items). SECTION 9.3 - ELIGIBILITY/PRORATING Employees will become eligible to use the uniform allowance at the completion of their probationary period. SECTION 9.4 - PROVIDED ITEMS (NO COST) In addition to the uniform allowance in Section 9.2 above, the District shall continue to provide items it has provided in the past at no cost to the employee. All items covered by this section remain the property of the District and shall be returned to the District upon separation from District employment. SECTION 9.5 - BOOTS, COVERALLS, RAINCOATS, RAINPANTS In addition to Section 9.4 above, the District agrees to provide work boots, coveralls, and adequate rainpants and adequate hooded raincoats to the employees. These items shall be replaced at the request of the employee on approval of their Supervisor. The District agrees to provide toe-protected work boots at employee's request. All items covered by this section, with the exception of work boots and optional raingear purchased all or in part with uniform allowance money, remain the property of the District. SECTION 9.6 - BOOT REPLACEMENT There shall be an option to rebuild rather than replace boots under the following conditions: In the event the Supervisor agrees a pair of boots needs to be replaced, but the boot is not significantly damaged, the Supervisor may opt to have the boots rebuilt instead of replaced; except that this option shall not apply to the first pair of boots any employee seeks to replace under this Article; and a single pair of boots may be rebuilt at the Supervisor's option only once. Attachment 5 MOU July 1, 2015 to June 30, 2018 19 Employees may opt to rebuild the same pair of boots, without limitation, and pay for the repairs from the uniform allowance. This employee option shall be completely separate and independent from the District's obligation to replace the boots with a new pair. SECTION 9.7- UNIFORM COMMITTEE The parties agree to establish a joint Uniform Committee, which shall be advisory to the District during the course of the Agreement. Bargaining unit representation on the Committee shall be one (1) Ranger/Lead Ranger and one (1) Lead Open Space Technician/Open Space Technician/Equipment Mechanic-Operator/Farm Maintenance Worker of the unit's choice. District representation shall be no more than two (2) members of the Department Manager's choice. The Uniform Committee shall meet quarterly or upon special request to the Department Manager to discuss topics including but not limited to: (a) finding replacements for uniform items no longer available; (b) discussing and evaluating the need for new or modified items; (c) discussing and evaluating modifications in the District's uniform policy; and (d) examining and making recommendations on prototypes of new uniform items. The quarterly meetings may be canceled in the event there is no agenda pertaining to uniform issues. With prior approval from the Department Manager, the District will obtain sample uniform items being considered by the Committee. The role of the Committee is to make recommendations to the Department Manager regarding uniform issues. The Committee's recommendation(s) to the Department Manager and the Department Manager's response to the recommendation(s) shall be in writing. The Association shall receive copies of any such recommendations and, upon request, will be given the opportunity to meet and confer before the District acts upon them. The Department Manager's response to the recommendation shall be provided within thirty (30) days of receipt of the written recommendation of the Uniform Committee. SECTION 9.8 - INITIAL REGULAR UNIFORM ITEMS PROVIDED NEW EMPLOYEES Open Space Technician, Lead Open Space Technician, Equipment Mechanic-Operator, Volunteer Program Lead, and Farm Maintenance Worker 1 tan long sleeve shirt 5 any combination of tan long/short sleeve shirts 1 green maintenance jacket 1 green vest or green fleece jacket 3 pairs green pants 1 pair green hiking shorts 1 cordovan/brown basket weave belt 2 pair socks 1 uniform cap Rangers/Lead Rangers 1 tan long sleeve shirts 5 any combination of tan long/short sleeve shirts 1 green patrol jacket 1 green vest or green fleece jacket 3 pairs green pants 1 pair green hiking shorts 1 cordovan/brown basket-weave belt 2 pair socks 1 uniform cap 1 straw Stratton hat Attachment 5 MOU July 1, 2015 to June 30, 2018 20 1 felt Stratton hat 1 hat band, wind strap, and rain cover) Refer to Uniform List for Specifications that will be part of the Administrative Operations Manual (AOM) ARTICLE 10 - VACATION SECTION 10.1 - ACCRUAL RATES A. Bargaining unit members shall accrue fully paid vacation according to the following schedule: Years of Service Accrual per Hour Paid Days/Year (Full-Time)* Hours/Year (Full-Time)* 1 - 9 0.05769 hr 15 120 10 - 14 0.07692 hr 20 160 15 - 19 0.08077 hr 21 168 20 - 24 0.08846 hr 23 184 25+ 0.09615 hr 25 200 * Hours/year for part-time bargaining unit members of one-half time (50%) or greater will be automatically pro-rated to the same percentage as their hours per week bear to 40. Part-time employees of less than half-time (50%) do not accrue paid vacation. B. Temporary (seasonal) employees who provide service to the District in consecutive fiscal years prior to being hired to fill a regular position shall be credited with the service time for vacation accrual purposes only SECTION 10.2 - ACCRUAL LIMITS Bargaining unit members may accrue up to two times (2X) the amount of their annual vacation time. Members who reach this accrual limit will not accrue any additional vacation days unless and until the amount of their accrued vacation time falls below the accrual limit. SECTION 10.3 - USAGE A. Increments Vacation shall be tracked in increments of one-tenth (1/10) of an hour. B. Scheduling For vacations of one (1) regularly scheduled work day or longer, employees shall submit a vacation request by December 1 of the preceding year. No more than one (1) Ranger/Lead Ranger, Lead Open Space Technician (LOST) and Equipment Mechanic Operator (EMO) per calendar day, per Geographical Area, shall be entitled to a guaranteed vacation. No more than two (2) Open Space Technicians (OSTs) per calendar day, per Geographical area shall be entitled to a guaranteed vacation. During each annual vacation calendar request period, each employee will be limited to two (2) vacation request periods based upon seniority for the first go-around, not to exceed his/her annual accrual. Then the calendar will be re-circulated a second time for an additional two (2) vacation requests, and then re-circulated a third time for an additional two (2) vacation requests to be scheduled if scheduling opportunities exist (tied to minimum staffing level requirements). If a vacation request or total amount of time requested is going to exceed an employee’s annual accrual amount, the Area Superintendent must approve such a request. Attachment 5 MOU July 1, 2015 to June 30, 2018 21 Employees may submit requests for vacations after December 1, at least ninety (90) days before the requested vacation time. These requests shall be reviewed on a first come-first served basis. If there are no "conflicting vacation requests", the request shall be approved. If unanticipated vacation needs arise during the course of the year, requests shall be submitted no later than the fifth Friday of the current work schedule. Such requests shall be approved based upon operational requirements of the work location and on a first come, first serve basis. Emergency vacation requests, defined as requests that cannot be submitted within the timelines outlined above, will be considered on a case-by-case basis by the employee’s supervisor. Staffing levels will be the primary consideration in approving vacation requests. SECTION 10.4 – ANNUAL VACATION CASH-OUT Employees who have an accrual of a minimum of one hundred twenty (120) hours of vacation in their leave balance on either December 1 or June 1 of each year may elect to cash out up to forty (40) hours of such leave. Such requests must be received in writing by December 15 and/or June 15 of that year. Employees will receive this vacation cash-out on or before December 31 or June 30 of that year. SECTION 10.5 - CASH-OUT UPON TERMINATION Upon termination, regular bargaining unit members shall be compensated at their current hourly rate of pay for any vacation accrued but not used. Terminating members will receive their vacation cash-out with their final paycheck. ARTICLE 11 - HOLIDAYS AND PERSONAL LEAVE SECTION 11.1 - HOLIDAYS A. Calendar The 11.5 paid holidays to be observed each year by the bargaining unit members shall consist of: New Year's Day Martin Luther King Jr. Day President's Day Cesar Chavez Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day after Thanksgiving Last four hours of workday preceding Christmas Day Christmas Day B. Eligibility A unit member who is in paid status during the scheduled shifts before and after the holiday shall be eligible for paid holiday benefits as described in this Article. Attachment 5 MOU July 1, 2015 to June 30, 2018 22 C. Observance 1. When workers on a 5/40 schedule who work Monday through Friday have a holiday that falls on Saturday, it shall be observed on the preceding Friday and a holiday that falls on Sunday shall be observed on the following Monday. 2. For workers on a 5/40 schedule who work Saturday and Sunday, holidays will be observed on the actual day they occur. 3. Workers on a 9/80 schedule observing a scheduled holiday shall received eight (8) hours of paid holiday time off. The workers shall make up the difference when working a nine (9) hour day from their Holiday Bank, Compensatory Time Off, Personal Leave and/or accrued vacation time off. D. Pro-rating Regular part-time employees of at least one-half (½) time are eligible for the same paid holidays on a pro-rata basis according to the average number of hours they work. E. Holidays During Vacation Holidays which occur during a unit member's vacation shall not be charged against vacation time. F. Holiday Falls on Day Off 1. When a holiday falls on a unit member's day off, the employee shall receive the corresponding number of hours added to the "Holiday Bank." [See Section 11.1(H)] 2. If a holiday falls on a day off for a worker on a 9/80- schedule, eight (8) hours shall have as his/her holiday the Tuesday following a Monday holiday that falls on his/her scheduled day off. G. Work On Holiday - Compensation 1. An employee on a 5/40 schedule who works on a scheduled holiday has two (2) choices for compensation. a. One and one-half (1½) times his/ her normal pay plus the corresponding number of hours added to the "Holiday Bank." [See Section 11.1(H).] b. Two and one-half (2 ½) times his/ her normal pay. 2. Work on Holiday- Compensation. A worker on a 9/80 schedule who works a scheduled holiday may choose either of the two (2) options listed in this section as follows: a. The worker will be paid time and half (11/2) for all hours worked on the day of the holiday; eight (8) hours will be credited to the Holiday Bank. b. The worker will be paid double time and one-half (21/2) for eight (8) hours and times and one-half (1 ½) for hours beyond eight. H. Holiday Bank In the event of a holiday falling on a day off, or a unit member exercising the option described above in Section 11.1(G)(1)(a) after working a holiday, eight (8) hours (or a pro-rated amount for part-time employees) will be added to the employee's "holiday bank" for use or cash out at a later date. For full-time employees, the appropriate number of hours for the day before Christmas is four (4). The "holiday bank" will be administered according to the following provisions. Attachment 5 MOU July 1, 2015 to June 30, 2018 23 1. Time from the holiday bank may be used in one (1) hour increments. 2. Employees may use accumulated holiday time to cover portions of scheduled vacations. 3. Unit members who wish to schedule time off covered by the holiday bank during the course of the year shall submit requests to their supervisor for approval. Such requests shall be approved with due consideration for the desires of the staff and for the requirements of the work location. 4. Any time remaining in the "holiday bank" at the end of the calendar year shall be paid in cash at the current rate of pay on December 31 of such calendar year, subject to subsection (7) below. 5. Unit members who terminate during the calendar year shall be paid for all time remaining in their holiday bank at the current rate of pay. 6. Unit members assigned to work the last four (4) hours of the workday preceding Christmas Day and/or Christmas Day may use in advance (for time off scheduled after December 1) all or part of the hours from these holidays that the unit member elects to add to his or her "holiday bank." 7. Unit members assigned to work the last four (4) hours of the workday preceding Christmas Day and/or Christmas Day or whose regular days off occur on these holidays may convert up to twelve (12) unused holiday hours to vacation. SECTION 11.2 - PERSONAL LEAVE A. Amount Unit employees shall receive thirty two (32) hours of annual Paid Personal Leave time that will accrue and be allocated quarterly (the first pay period in January, April, July and October). B. Maximum Accruals Employees may accrue a maximum of thirty two (32) hours of Paid Personal Leave each calendar year. Employees who reach this limit will not accrue any additional Paid Personal Leave unless and until the amount of their accrued Paid Personal Leave falls below this accrual limit. In that event, on the first pay period of the next quarter, employees shall accrue only the amount of Paid Personal Leave for which they are eligible, sufficient to reach their maximum accrual limit. C. Pro-rating Regular part-time employees of at least one-half (50%) time shall be eligible for a pro-rated number of hours of Paid Personal Leave according to the average number of hours they work. A unit member hired during the course of the quarter will receive a pro-rata number of Paid Personal Leave hours for the remainder of that quarter. D. Notification and Scheduling With supervisor approval, an employee may use Paid Personal Leave at his/her discretion. Except in emergency situations, employees do not need to give any reasons for use of Paid Personal Leave. Attachment 5 MOU July 1, 2015 to June 30, 2018 24 E. Increments Paid Personal Leave must be taken in one (1.0) hour minimum increments. ARTICLE 12 - LEAVES OF ABSENCE WITH PAY SECTION 12.1 - SICK LEAVE A. Accrual All employees shall accrue sick leave with full pay at a rate of 0.04615 hours per hour paid, exclusive of overtime, for a total of ninety six (96) hours per year for full time employees. Sick leave shall accrue from the date of employment and may be accumulated on an unlimited basis. The employee's sick leave balance shall be recorded on his/her paycheck stub. B. Usage 1. Employees are eligible to use sick leave for the following reasons: (a) Personal illness or physical disability. (b) Quarantine by a physician. (c) Illness or disability of an immediate family member or domestic partner requiring the employee to be unavailable for work, subject to Section 4 below. (d) Workers’ Compensation. (e) Health care appointments, including medical, dental, vision, and Employee Assistance Program appointments. 2. Sick leave for any of the reasons above shall be recorded on the employee's time card and must be used in increments of one (1) hour except for health care appointments. 3. No less than one-half (½) hour of sick leave may be charged for a health care appointment, and sick leave usage over one (1) hour will be computed in tenths of an hour. 4. An employee may use up to eighty (80) hours per calendar year to care for a member of his/her immediate family or his/her domestic partner requiring the employee to be unavailable for work. This eighty (80)-hour limit may be extended by the General Manager on a case-by-case basis for good cause. Immediate family is defined as an employee’s spouse, son, daughter, father, mother, brother, sister, grandmother, grandfather, father-in-law, mother-in-law, and any relative of the employee living in the employee's household. For purposes of Article 12, the domestic partner of an employee is as defined by California law. C. Reporting 1. Non-Urgent Health Care Appointments: Employees will schedule non-urgent health care appointments in advance and shall notify their immediate supervisor of such appointments as early as possible. If notice to the supervisor occurs seventy two (72) hours or more in advance of the appointment, any disapproval of sick leave time off shall be accompanied by a written statement from the supervisor explaining the reasons. 2. Any employee who is unable to report to work because of any of the reasons in Section 12.1(B) shall report the reason for absence to his/ her immediate supervisor, or any other supervisor on duty if the immediate supervisor is unavailable. The absence shall be Attachment 5 MOU July 1, 2015 to June 30, 2018 25 reported by the employee by the designated starting time each day he/she is unable to report to work, unless physically unable to do so. For a prolonged illness, special arrangements regarding notifying a supervisor may be made. D. Ill on Holiday 1. 5/40 Schedule If an employee is ill on a designated holiday, the holiday shall be charged as holiday time and shall not be charged against sick leave. 2. 9/80 Schedule A worker on an alternate work schedule who is sick on a scheduled holiday shall receive holiday pay for eight (8) hours and may use accumulated sick leave for the remaining hours. E. Ill on Vacation An employee who is injured or who becomes ill while on vacation may petition the Human Resources Supervisor to be paid for sick leave in lieu of vacation provided that the employee: 1. Was hospitalized during the period for which sick leave is claimed, or 2. Received medical treatment or diagnosis and presents a statement indicating illness or disability signed by a physician covering the period for which sick leave is claimed. Requests for sick leave in lieu of vacation shall be approved if the provision(s) noted above are satisfied. F. Integration Employees eligible for State Disability Insurance or Workers’ Compensation benefits may integrate accrued sick leave and vacation with those benefits in amounts necessary to equal (but not exceed) a full paycheck. During the period of integration, an employee shall remain in paid status, with full benefits, and shall continue to accrue paid vacation and sick leave for the number of paid District hours used for integration. G. Physician Statement An employee absent on paid sick leave five (5) consecutive days or more will be required to submit to his/her immediate supervisor verification from a physician or licensed practitioner of his/her illness or injury and ability to return to work. An employee absent on paid sick leave five (5) consecutive days or more in order to care for an immediate family member or domestic partner under Section 4 will be required to submit to his/her immediate supervisor verification from a physician or licensed practitioner of the family member's or domestic partner's illness or injury. H. Exhaustion of Sick Leave If an employee exhausts his/ her entire bank of accrued sick leave and remains unable to return to work for any of the reasons listed in Section 12.1(B), the employee may request a disability leave of absence without pay subject to Article 13. In the absence of such leave being granted, the absence shall be charged to other accrued leave. Attachment 5 MOU July 1, 2015 to June 30, 2018 26 I. Sick Leave Conversion Program Upon resignation, separation from service, or retirement from District employment, employees in good standing with ten (10) or more years of District employment shall receive a cash payment of the equivalent cash value of accrued sick leave as follows: Years of employment Percentage of equivalent cash value of accrued sick leave 10-15 20% 16-20 25% 21 or more 30% Retiree Health Savings Account (RHS): Employees eligible for Sick Leave Conversion who were hired on or before June 30, 2006 and retire from the District will receive a cash payment. The cash payment shall be the percentage of the equivalent cash value of accrued sick leave based on years of employment as described above. The remainder of the equivalent cash value of the sick leave will be deposited to the employee’s RHS Account. In all cases, the equivalent cash value of accrued sick leave will be based on current rate of pay as of the date of separation from District employment. Employees hired on or after July 1, 2006 are not eligible for the RHS Account related to the Sick Leave Conversion Program as described above. Employees who were hired on or after July 1, 2006 may be eligible for the Sick Leave Conversion Program as outlined above, and upon retirement from the District may apply the balance of sick leave hours toward CalPERS service credit as governed by CalPERS. J. Abuse of Sick Leave Abuse of the sick leave privileges shall be cause for disciplinary action in accordance with Articles 15 and 17 of the MOU. K. Performance Evaluation Standard When determining whether an employee meets the performance evaluation standard for punctuality and attendance, use of sick leave for an illness or injury covered by Workers' Compensation or other lawfully provided use of paid or unpaid leave will not be considered. SECTION 12.2 - BEREAVEMENT LEAVE District Personnel Policy and Procedure provides a bereavement leave benefit for all employees. SECTION 12.3 - WITNESS OR JURY DUTY LEAVE A leave of absence with pay will be granted an employee who is called for jury duty, on a scheduled work day, as long as any compensation the employee receives for such duty, except for meal and mileage reimbursements, is signed over to the District. Regularly scheduled work time lost because of such duty shall not affect the employee's accrual of vacation, sick, or personal leave time. If not in conflict with instructions of the court, an employee shall report to work if placed on jury duty telephone standby. In the event the employee is released early from witness or jury duty, employee shall report back to work as long as they can arrive to provide one or more hours of work. In the event the employee is placed on a jury, and the trial is scheduled to go more than one week from the first reporting day for the jury, the District will then adjust the employee’s schedule to coincide with the courts schedule of Monday through Friday from 8 a.m. to 5 p.m. Therefore the District and the Field Employees Association Attachment 5 MOU July 1, 2015 to June 30, 2018 27 recognize and accept such a shift change may require the change of other represented employees schedules in order to meet established staffing needs. SECTION 12.4 - MILITARY LEAVE An employee who is a member of an active or reserve component of the Armed Forces of the United States, including the National Guard, who is called to active duty or mandatory training, shall be granted military leave in accordance with all applicable federal and state laws. Such leave shall be granted with pay for a period of up to one (1) month, during which time the employee shall continue to maintain all rights and benefits that accrue from compensated status, including no loss of seniority. Pay received from the government for military service during that month shall be reimbursed to the District. SECTION 12.5 - CATASTROPHIC LEAVE The District agrees to continue the Catastrophic Leave Program appearing as Appendix B of this agreement. SECTION 12.6 - ADMINISTRATIVE LEAVE The District may place an employee on paid administrative leave at any time for any lawful reason. During the period the employee is on administrative leave with pay, the employee shall remain in paid status and shall continue to accrue vacation, sick leave, personal leave, and holiday benefits, and other applicable benefits as provided by Article 7 herein. ARTICLE 13 - FAMILY MEDICAL LEAVES AND LEAVES WITHOUT PAY In accordance with the District policies, (see District Personnel Policies and Procedures Manual), an employee who has been employed for at least twelve (12) months and has worked for at least 1250 hours during the twelve (12) month period immediately preceding the beginning of the leave, shall be eligible for up to six (6) months family leave for their own serious medical condition, and up to four (4) months to provide care to a spouse, domestic partner, parent, child or for the birth or adoption of a child in compliance with the applicable federal and state family and medical leave provisions. Family and medical leave shall be taken concurrently with other available paid leave. Pregnancy Disability Leave (PDL) shall be administered in accordance with applicable statutes. SECTION 13.1 - GENERAL LEAVE A. Duration A regular employee with at least one (1) year's service may request a leave of absence without pay or fringe benefits for up to six (6) months. B. Request Requests for such leave of 5 days or less shall be directed in writing to the Department Manager for approval and shall contain justification for the leave. Request for such leave of longer than 5 days shall be directed in writing to the General Manager for approval and shall contain justification for the leave. C. Benefit Premiums The employee may elect to continue any or all insurance coverage during a general leave which extends beyond a leave provided under Federal or California family, medical and pregnancy disability leave law by paying the full costs of the premiums for any benefits. Attachment 5 MOU July 1, 2015 to June 30, 2018 28 D. Parental Leave An employee may request general leave for purposes of caring for his/her children (either natural or adoptive). E. Adjustment of Anniversary Date/Vacation Accrual/Seniority If an employee is on leave of absence without pay (except leave for industrial injury or illness; and/or a family medical leave) in excess of two (2) complete pay periods, his/her anniversary date for purposes of evaluation, pay increases and vacation accrual shall be extended by the number of days included in the period of leave without pay. The employee's seniority shall also be adjusted to reflect the number of days on leave without pay. ARTICLE 14 - TUITION REIMBURSEMENT SECTION 14.1 - PREAMBLE All bargaining unit members are encouraged to pursue educational opportunities which directly relate to their work, as well as other opportunities which will add to general education and/or skill level, and those which will help prepare the employee for promotion and/or future job assignments within the District. Bargaining unit members must attend classes on their own time. SECTION 14.2 - APPROVAL Employees will receive reimbursement, subject to Section 14.3 below, for courses which are of benefit to both the District and the employee. Application shall be made only on forms provided by the District and submitted to the immediate supervisor for review and processing. Application for reimbursement must be approved in advance of taking the course. Approval of courses for which an employee may receive reimbursement shall be made by the appropriate administrative officer. To the extent an otherwise approved course conflicts with the employee's work schedule, the employee's immediate supervisor may consider adjustments to the employee's work schedule and/or use of paid leave time to resolve the conflict. SECTION 14.3 - REIMBURSEMENT Employees will receive reimbursement for books and tuition for approved courses, passed with at least a grade of "B" or an equivalent passing rating. The maximum reimbursement per fiscal year per employee is Seven Hundred Dollars ($700.00). Any expenses besides books and tuition shall be evaluated and reimbursement approved on an individual basis by the appropriate administrative officer. ARTICLE 15 - GRIEVANCE PROCEDURE SECTION 15.1 - DEFINITIONS A. A "grievance" is a formal allegation by a member of the bargaining unit who has been adversely affected by an alleged violation of the specific provisions of this MOU or the District's Personnel Policies and Procedures Manual. B. A "disciplinary grievance" is a formal objection or challenge to any punitive disciplinary action including reprimand, suspension, demotion and discharge. Specifically excluded from the Attachment 5 MOU July 1, 2015 to June 30, 2018 29 definition of disciplinary grievance are the following Warning Types of Discipline: "oral warning" and "written warning" as defined in the Discipline Section of the MOU (Article 17). Notwithstanding the above, Peace Officers may file a grievance in the case of any action that entitles a Peace Officer to an administrative appeal under the Public Safety Officers Procedural Bill of Rights Act by using the procedures set out in Section 15.2(B). C. A "grievant" is any unit member, group of members, or the Association adversely affected by an alleged violation of the specific provisions of the MOU or the District's Personnel Policies and Procedures Manual. D. For purposes of this Section, a working day is any day that District administrative offices are open for business. E. For purposes of this Section, a Steward is an official bargaining unit representative who is a District employee as designated in Section 2.4. An Association Staff Member is a paid employee of the Association. The term “Association Representative” shall mean either a Steward or an Association Staff Member. SECTION 15.2 – GENERAL PROCEDURES A. Any disciplinary action excluded from the definition of “disciplinary grievance” set out in Section 15.1(B) herein is not subject to the Grievance Procedure of this Article. B. Steps I through IV of this Grievance Procedure shall constitute the administrative appeal required by Section 3304(b) of the Public Safety Officers Procedural Bill of Rights Act for any appeal of punitive action involving a peace officer enumerated in Section 3303 of the Act except that suspension, demotion, or discharge may be appealed through Step V. C. The grievant and District may mutually agree in writing to waive any step of the Grievance Procedure. However, in order to settle any grievances which arise at the lowest practicable level, and as fairly and promptly as possible, it is the intent of the parties that all steps of the Grievance Procedure be complete. D. In the case of a disciplinary grievance, the affected employee or District may proceed directly to Step III or IV of the Grievance Procedure after imposition of the challenged disciplinary action. E. With respect to Steps II through V of the Grievance Procedure, the time for filing, responding to and appealing grievances to subsequent steps shall be fifteen (15) working days from the date on the grievance, response, or appeal document. All timelines in this Article (including Step I) may be waived by mutual agreement in writing. If the grievant/Association fails to file a grievance or move a grievance to the next step within the proper time limits, absent written agreement to waive an applicable time limit, the grievance shall be considered settled on the basis of the District's response at the prior step. If the District fails to respond to a grievance within the proper time limits, the grievant/Association may move the grievance to the next step. F. FEA Representative may be granted time off from duty to process grievances provided that forty- eight (48) hours’ advance notice is provided to the Department Manager. No more than one (1) Steward shall be allowed release time to process a grievance. The number of District employees at grievance proceedings shall be limited to the grievant(s) and one (1) Association Representative. Attachment 5 MOU July 1, 2015 to June 30, 2018 30 The Association Representative shall not be a person subject to or involved in the matter which is the subject of the grievance. An Association Staff Member may also attend a grievance proceeding where permitted by this Agreement. SECTION 15.3 - STEP I A. A grievant shall present the grievance orally to the grievant's immediate supervisor within fifteen (15) working days after the grievant knew, or reasonably should have known, of the event or events on which the grievance is based. To assist in resolving any grievance at the lowest possible level, the supervisor may request that the grounds for the grievance be stated in writing. The immediate supervisor shall conduct whatever investigation is necessary to obtain the facts pertaining to the grievance. Within fifteen (15) working days after receiving notice of the grievance, the immediate supervisor shall meet with grievant in an attempt to settle the grievance and shall give the grievant a reply. The Steward may attend the meeting. B. If the grievant is not satisfied with the reply of his/her immediate supervisor, the grievant may appeal the grievance to Step II. SECTION 15.4 - STEP II A. If the grievant desires to appeal the grievance to Step II, the grievance shall be reduced to writing and presented to the grievant's Area Superintendent within fifteen (15) working days following receipt of the immediate supervisor's reply. B. The written grievance shall contain a complete statement of the grievance, specific facts upon which the grievance is based, the specific provisions of the MOU and/or Personnel Policies and Procedures Manual claimed to have been violated, and the remedy requested. The grievance shall be signed and dated by the grievant and/or the Steward and/or the Association Staff Member. C. At the request of either side a meeting will be held between the grievant's Area Superintendent, the grievant and the appropriate Association Representative to attempt to resolve the grievance informally. In any event, the Area Superintendent shall give a written decision to the grievant within fifteen (15) working days following receipt of the written appeal to Step II, with a copy to the Association office. D. If the grievant is not satisfied with the decision, the grievant may appeal the grievance to Step III. SECTION 15.5 - STEP III A. If the grievant desires to appeal the grievance to Step III, the grievant shall present the written grievance to the Department Manager and a copy to the Human Resources Supervisor within fifteen (15) working days following receipt of the written decision at Step II. B. In evaluating the appeal at Step III, at the request of either side, a conference shall be held between the Department Manager, in consultation with the Assistant General Manager, and the grievant and his/her Association Representative in an attempt to resolve the matter informally. With forty-eight (48) hours notice to the District, the Association Staff Member may join the grievant and the Steward in the Step III conference. In any event, the Department Manager shall issue a written decision on the grievance within fifteen (15) working days of receipt of the appeal, with a copy to the Association office. C. If the grievant is not satisfied with the decision at Step III, the grievant may appeal to Step IV. Attachment 5 MOU July 1, 2015 to June 30, 2018 31 SECTION 15.6 - STEP IV A. Any appeal not resolved at Step III may be appealed in writing, with copies of the Step II and Step III responses, to the General Manager with a copy to the Human Resources Supervisor, within fifteen (15) working days of receipt of the Step III response. Within fifteen (15) working days of receipt of the appeal, the General Manager shall convene a meeting with the grievant for the purpose of reviewing the grievance facts and issues pertinent to the grievance and to attempt to resolve the grievance. The Association Staff Member and Steward may attend the Step IV meeting. The General Manager shall issue a final written decision to the grievant within fifteen (15) working days of the meeting. A copy of the decision will be sent to the Association office. In the case of any disciplinary grievance that is appealable through Step IV, any or all appeal procedures and the review and/or determination of the Step IV grievance, may be conducted by the General Manager or his/her designee, in accordance with the requirements of the Public Safety Officers Procedural Bill of Rights Act. SECTION 15.7 - STEP V A. If the grievance is not resolved at Step IV, the grievant may elect to submit the grievance to binding arbitration. No disciplinary grievance of a written reprimand may be submitted to binding arbitration. As to such action, the decision of the General Manager at Step IV shall be final. The grievant shall submit written notice of said election within fifteen (15) working days of receipt of the Step IV response. Thereafter, the parties shall jointly request the California State Mediation and Conciliation Service (SMCS) to provide a list of seven (7) persons qualified to act as arbitrators. Absent the parties reaching a stipulation as to an arbitrator, the parties shall meet as soon as practical to select the arbitrator. The right to strike the first name shall be determined by lot and the parties shall alternatively strike one name from the list until only one name remains, and that person shall serve as the arbitrator. B. The arbitrator shall hold a hearing on the issue submitted, or as determined by the arbitrator if the parties have not mutually agreed upon the issue, and render a written decision. The conduct of the arbitration proceedings shall be governed by California Code of Civil Procedure Section 1280 et seq. C. Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by law. No arbitrator shall entertain, hear, decide, or make recommendations on any dispute unless the grievant is an employee in a unit represented by the Association and unless such dispute falls within the definition of a grievance as set forth in Section 15.1. D. Proposals to add to or change this MOU or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this MOU nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this Section. No arbitrator shall have the power to amend or modify this MOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. E. All complaints involving or concerning the payment of compensation shall be initially filed in writing with the General Manager at Step IV. Only compensation complaints which allege that employees are not being compensated in accordance with the provisions of the MOU shall be considered as grievances. Attachment 5 MOU July 1, 2015 to June 30, 2018 32 F. Where either party claims a matter is not subject to the arbitration provisions of the MOU, the issue of arbitrability shall first be decided by the arbitrator without regard to the merits of the grievance. If the issue is held to be arbitrable, the arbitration may, at the request of either party, be recessed for up to for up to five (5) working days to determine if the grievance can be resolved. If it cannot, the arbitration proceedings shall be resumed and the arbitrator shall hear and resolve the issue on the merits. G. The parties agree that any and all costs associated with arbitration, including but not limited to such items as court reporters, transcripts and the arbitrator's fee shall be divided equally between the District and the Association. Each party shall bear their own cost of representation. ARTICLE 16 - LAYOFFS SECTION 16.1 - SENIORITY DEFINED For purposes of this Article, "seniority" shall be by classification and shall be defined as time served in that classification and any higher classification. SECTION 16.2 - CONSIDERATION OF LAYOFF - NOTICE TO ASSOCIATION When the District determines that a layoff is necessary within the bargaining unit, it shall give the Association at least thirty (30) days notice. Such notice shall describe the classifications affected and the circumstances requiring the layoff. Upon request, the Association shall be afforded the opportunity to meet with the District to discuss the impact of layoffs on bargaining unit members. SECTION 16.3 - ORDER OF LAYOFF When one (1) or more employees performing in the same classification are to be laid off, the order of layoff shall be as follows: 1. Seasonal employees. 2. Probationary employees in inverse order of seniority. 3. Regular employees in inverse order of seniority. SECTION 16.4 - NOTICE TO EMPLOYEES Employees subject to the provisions of this Article shall be given at least twenty (20) working days written notice prior to the effective date of layoff. The Association shall receive concurrent notice. The procedures of Section 16.5 shall be applied prior to the effective date of the layoff. SECTION 16.5 - ALTERNATIVES TO LAYOFF A. Claim Vacancies Any affected unit member may claim a vacancy in a classification formerly held. If such classification is below the one currently held, the employee will have re-employment rights (Section 16.6) to the original classification. B. Displacement An affected unit member may bump the least senior employee in a lower classification previously held provided the affected employee is otherwise qualified to fill the lower classification. Seniority in the lower classification will be time spent in that classification plus any higher classification. Attachment 5 MOU July 1, 2015 to June 30, 2018 33 Employees who bump into a lower classification will have reemployment rights (Section 16.6) in their original classification. C. Rate of Pay In the event of claiming a vacancy or bumping into a lower classification, the unit member's rate of pay in the lower classification shall be determined as follows: 1. If the step held in the higher classification occurs in the lower classification, the rate of pay will remain the same. 2. If the step held in the higher classification does not occur in the lower classification, the rate of pay shall be the highest step of the lower classification. SECTION 16.6 - RE-EMPLOYMENT LISTS Unit members who are laid off shall be placed on a re-employment list for their current classification and for each lower classification previously held. Employees reassigned as an alternative to layoff pursuant to Section 16.5 shall be placed on a re-employment list for their original classification. As vacancies become available, employees will be recalled from the appropriate re-employment list(s) in seniority order. SECTION 16.7 - RIGHTS RESTORED Upon re-employment of a unit member from a re-employment list, all rights acquired prior to his/her placement on such list shall be restored. ARTICLE 17 - DISCIPLINARY PROCEDURE With respect to disciplinary action, the following applies to members of the bargaining unit: SECTION 17.1 - PREAMBLE The degree of discipline is discretionary with the District. In exercising its discretion the District will consider factors including, but not limited to, the severity of the offense, the number and frequency of previous acts of misconduct, and past work performance. Disciplined employees shall have rights of appeal as set forth in this Article. SECTION 17.2 - PRINCIPLES AND PROCEDURES No employee shall be disciplined except for violation of established policies and procedures, and such disciplinary action shall be in accordance with procedures established herein. The District agrees to follow the principles of progressive discipline and just cause. However, the level or degree of any disciplinary action is within the discretion of the District as set forth above. Property Loss Discipline may be used initially when appropriate due to the severity of the offense. SECTION 17.3 - GROUNDS FOR DISCIPLINE Grounds for disciplinary action shall include, but not be limited to: 1. Abandonment of position and absence from duty without approval; 2. Abuse or misuse of leave privileges; 3. Below-standard work performance, including poor judgment, or incompetence in the Attachment 5 MOU July 1, 2015 to June 30, 2018 34 performance of required duties; 4. Disruptive behavior or discourteous or abusive treatment of the public or other employees, including threats or acts of violence in the workplace, battery or assault; discrimination against the public or employees in violation of District policies; unlawful retaliation against any person who reports facts or information to authorities or District personnel about misconduct (actual or suspected) of any District employee; or conduct unbecoming a District employee which discredits the District; 5. Failure to abide by established District rules, regulations or policies including violation of the substance abuse policy; 6. Fraud or misrepresentation in securing appointment or promotion; 7. Insubordination; 8. Misuse of District property, work time, or funds, including use for personal purposes; 9. Neglect of duty; 10. Dishonesty, including but not limited to theft or falsification of District records or documents; 11. Failure to adhere to or comply with approved operational or safety guidelines; or negligent or reckless use or operation of vehicles, property, or equipment; 12. Failure to keep required work hours, including chronic absenteeism and chronic tardiness; 13. Any conviction by a court which would be incompatible with the work performed for the District by the affected employee, including a conviction for an offense committed during the course of District employment or a conviction for an offense committed on or off duty with a nexus to the employee's District employment or duties; 14. Failure to report the suspension or revocation of the employee's driver’s license; License suspension or revocation does not constitute automatic grounds for discipline; 15. Unauthorized access to or use of District records; 16. Failure to maintain professional appearance, in accord with the District’s uniform policies. SECTION 17.4 - WARNING TYPES OF DISCIPLINE Whenever possible, counseling should be used prior to taking a more formal action. Counseling shall be defined as a non-punitive process that is not considered discipline. Where appropriate, the District will use the following types of discipline before imposing suspension, demotion or dismissal. A. Oral Warning An oral warning is a verbal notice advising an employee that the employee's behavior or performance must be improved. It defines areas where improvement is needed, sets goals, and informs the employee that failure to improve may result in more serious action. The employee's supervisor will document the oral warning by recording the date and content of the warning and maintain a copy of the documentation. The employee shall receive a copy of the warning at the time the note is prepared. The documentation of the oral warning shall not be placed in the employee's personnel file. However, the incident may be addressed in the employee's performance evaluations and Interim Progress Reports for the evaluation year in which the incident occurred. B. Written Warning A written warning is notice to an employee that the employee's performance or behavior must be improved. It contains the same elements as the oral warning. When appropriate, the written warning may be used in conjunction with a Plan for Individual Improvement proposed by the employee's supervisor and approved by the Area Superintendent as appropriate. Attachment 5 MOU July 1, 2015 to June 30, 2018 35 Prior to a copy of the written warning and Plan for Individual Improvement being placed in the employee's personnel record, a copy shall be given to the employee and a copy shall be sent to the Association. The employee will have the opportunity to read and sign the warning and Plan prior to its being placed in the employee’s personnel record. Should the employee refuse to sign, that fact should be noted on the document, signed or initialed by the employee unless refused, and then entered in the employee’s personnel file. The employee shall have thirty (30) days to prepare a written response which will be attached to the written warning in the personnel file. At the employee’s written request, the written warning and Plan for Improvement will be removed from the personnel record after two (2) years from the date of issuance, provided the employee has received no further discipline nor been notified in writing of pending discipline. C. Reprimand A reprimand will be given by the Area Superintendent upon recommendation of the employee's immediate supervisor. The reprimand will serve as official notice to the employee that the employee's performance or behavior is seriously below standard and that continuation of such performance or behavior will subject the employee to more serious disciplinary action, including possible discharge. When appropriate, the written reprimand may be used in conjunction with a Plan for Individual Improvement in the same manner as set forth in Subsection B above. The employee shall receive a copy of the reprimand at the time it is prepared and a copy shall be sent to the Association. The employee will have the opportunity to read and sign the reprimand and Plan prior to its being placed in the employee’s personnel file. Should the employee refuse to sign, that fact should be noted on the document, initialed or signed by the employee unless refused, and then entered into the employee’s personnel file. The employee shall have thirty (30) calendar days within which to submit a written response to the reprimand. If one is submitted, the employee's written response shall be attached to the in the employee's personnel file. The employee's response shall be directed to the Area Superintendent. 1. Employees will have the right to Association representation when responding to reprimands. 2. At the employee’s written request, a reprimand and Plan will be removed from the personnel record after two (2) years from the date of issuance, provided the employee has received no further discipline nor been notified in writing of pending discipline. SECTION 17.5 - PROPERTY LOSS DISCIPLINE The District may take more formal disciplinary action for cause in the form of suspension, demotion or discharge. A. Suspension A suspension is the temporary removal of an employee from the employee's duties without pay. Suspension without pay should generally be used when all other positive means have been tried without success and the Department Manager has reason to believe that the suspension will bring about the improvement needed in the employee's performance or behavior. Suspensions can only be imposed by the Assistant General Manager, upon recommendation from the Department Manager. Suspensions shall not exceed thirty (30) calendar days. Attachment 5 MOU July 1, 2015 to June 30, 2018 36 B. Demotion A demotion is the transfer of an employee from a position in one class to a position in another class which results in a reduction in compensation rate. Demotions can only be imposed by the General Manager, upon recommendation by the Assistant General Manager. C. Discharge A discharge is the termination of the employee from the employment of the District. A discharge can only be imposed by the General Manager, upon recommendation by the Assistant General Manager. SECTION 17.6 - APPEAL The decision to reprimand, suspend, demote or discharge may be appealed by the affected employee only through the established Grievance Procedure set forth in Article 15. Lesser forms of discipline are not subject to appeal, except when a Peace Officer is entitled to an administrative appeal under the Public Safety Officers Procedural Bill of Rights Act as provided by Section 15.1(B). Where an administrative appeal is required by the Public Safety Officer’s Procedural Bill of Rights the procedures set out in Section 15.2(B) shall apply. SECTION 17.7 - NOTICE OF INVESTIGATION When any employee is under investigation for an incident that could result in disciplinary action, the affected employee shall be notified in writing within sixty (60) working days of a supervisor’s knowledge of the incident (or the most recent in a series of incidents). Specifically excluded from the requirement to provide a Notice of Investigation are customary contacts in the normal course of duty, verbal counseling, instruction, informal verbal admonishment, or other routine or unplanned contact with a employee. Final determination on the imposition of disciplinary action shall be made within a reasonable period of time. During the investigation, the District shall keep the employee apprised of its progress and likely completion date. SECTION 17.8 - NOTICE OF INTENT TO IMPOSE DISCIPLINE Written notice of suspension, demotion or discharge must be served on the employee in person or by certified mail prior to the disciplinary action becoming effective. A copy of the notice shall be sent to the Association. The notice shall include: 1. Statement of the nature of the disciplinary action. 2. Effective date of the action. 3. Statement of the grounds thereof. 4. Statement in ordinary and concise language of the acts or omissions upon which the grounds are based. 5. A statement of the employee's right to respond, either orally at a meeting requested by the employee, or in writing. The employee shall have the opportunity to respond and be served with notice of final action in person or by certified mail prior to the action becoming effective. The opportunity to respond shall normally take place within seven (7) working days following the initial notice of intended action. 6. A statement advising the employee of the right to appeal through the grievance procedure and the right to Association representation. Attachment 5 MOU July 1, 2015 to June 30, 2018 37 SECTION 17.9 - ELECTRONIC RECORDING Electronic recording of the pre-discipline conference under Section 17.8 (5) above shall require the mutual consent of the District and the employee subject to discipline. The District reserves the right to electronically record all investigatory interviews provided advance written notice is given to the employee subject to investigation. If an electronic recording is made of the investigatory interview, the employee shall be provided a copy of the tape if any further disciplinary proceedings are contemplated or prior to any further investigatory interviews at a subsequent time. In addition, if the District transcribes the electronic recording of an investigatory interview, it shall provide the employee with a copy of the transcript. ARTICLE 18 - PROBATIONARY PERIOD SECTION 18.1 - LENGTH OF PROBATION A. Initial Hires 1. Lead Open Space Technicians, Open Space Technicians, Equipment Mechanic- Operators, Volunteer Program Lead, and Farm Maintenance Workers All persons appointed to the regular position of Ranger, Lead Open Space Technician, Open Space Technician, Equipment Mechanic-Operator, Volunteer Program Lead, and Farm Maintenance Worker shall complete a standard probationary period of at least twelve (12) consecutive months. B. Promotional Appointments 1. Lead Open Space Technicians, Open Space Technicians, Equipment Mechanic- Operators, Volunteer Program Lead, and Farm Maintenance Workers All persons promoted to the regular position of Lead Open Space Technician, Open Space Technician, Equipment Mechanic-Operator, Volunteer Program Lead, and Farm Maintenance Worker who have satisfactorily passed the probationary period of their current position shall complete a standard promotional probationary period of at least six (6) consecutive months. 2. Ranger/Lead Ranger All persons promoted to the regular position of Ranger/Lead Ranger who have satisfactorily passed the probationary period of their current position shall complete a standard promotional probationary period of at least twelve (12) consecutive months. SECTION 18.2 - EXTENSION OF PROBATION In the event a probationary employee misses more than four (4) weeks, from their normal duties, the District may extend the probationary period by an amount not to exceed the period of time missed. In the event the probationary employee's absence exceeds the equivalent of the employee's standard probationary period, the District may require the employee to serve a new probationary period as a condition of returning to work with the District. In the event the employee has not successfully completed any required training prior to the end of probation, the probationary period may be extended up to a maximum of three (3) months. SECTION 18.3 - REJECTION FROM ORIGINAL PROBATION A probationary employee can be rejected from probation at any time during his or her probationary period. The decision to reject an employee from probation is not subject to the Grievance Procedure or discipline appeal procedure of this Agreement. Attachment 5 MOU July 1, 2015 to June 30, 2018 38 As an alternative to rejecting the employee from probation, the District may extend the employee's probationary period. The employee must receive written notice of the extension prior to the expiration of his/her initial probationary period, and the extension shall not exceed three (3) months. SECTION 18.4 - REJECTION FROM PROMOTIONAL PROBATION In the case of promotional appointment, a promoted employee may, at any time during the probationary period, be rejected from probation and reinstated in the class designation from which he/she was promoted. If the reinstatement necessitates the layoff of another District employee currently filling the position, the choice of which employee will be laid off will be based on Article 16, "Layoffs." ARTICLE 19 - CONTRACTING OUT Except in cases of emergency, the District will give thirty (30) days’ prior written notice to the bargaining unit of its intent to contract-out for services in any manner that triggers a negotiation obligation under the Meyers-Milias Brown Act (“MMBA”). Mutual aid and cooperation agreements between the District and other government agencies are excluded. The bargaining unit shall have the opportunity to meet and confer with the District prior to such District action. In cases of emergency, the Association shall have the opportunity to meet and confer at the earliest practicable time following such District action. ARTICLE 20 - NO STRIKES/LOCKOUTS During the term of this Agreement, the District agrees that it will not lock out employees and the Association agrees that its representatives and members shall not engage in or cause, instigate, encourage, sanction or condone a strike, withholding of services, work slowdown or work stoppage of any kind. ARTICLE 21 - EFFECT OF AGREEMENT To the extent there is a conflict, it is understood and agreed that the specific provisions contained in this Agreement shall prevail over District rules, regulations, policies and procedures. It is further understood and agreed that in the absence of specific provisions in this Agreement, such rules, regulations, policies and procedures shall remain in full force and effect. The terms and conditions set forth in this Agreement represent the full and complete understanding and commitment between the parties. The terms and conditions may be altered, changed, added to, deleted from, or modified only through the voluntary and mutual consent of the parties in a written amendment to the Agreement. During the term of this Agreement, the parties agree that neither the Association nor the District shall be obligated to reopen or renegotiate any of the provisions of this Agreement. ARTICLE 22 - SAVINGS CLAUSE If any provision of this Agreement should be held invalid by operation of law or by any court of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal, the remainder of this Agreement shall remain in effect and the parties shall enter into negotiations for the sole purpose of arriving at a mutually satisfactory replacement for such provision. Attachment 5 MOU July 1, 2015 to June 30, 2018 39 ARTICLE 23 - TERM OF AGREEMENT This Agreement shall be effective the first (1st) day of July 2015 and shall remain in effect until the thirtieth (30th) day of June 2018. Either Party may request in writing to commence negotiations for a successor Agreement up to six months before the expiration of this Agreement. SIGNATURE PAGE For Midpeninsula Regional Open Space District For Midpeninsula Regional Open Space District Employees Field Employees Association Jack Hughes Chief Negotiator Liebert, Cassidy, Whitmore LLC Tim Cantillon Labor Representative Kevin Woodhouse Assistant General Manager Alex Hapke Ranger Michael Newburn Operations Manager Elisa Stanton Ranger Candice Basnight Human Resources Supervisor Don Mackessy Lead Open Space Technician Grant Kern Equipment Mechanic Operator Approved by District (date): Ratified by MROSDFEA (date): Attachment 5 MOU July 1, 2015 to June 30, 2018 i APPENDIX A - DISTRICT SALARY RANGES EFFECTIVE 7/1/15 Range Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Range 1 $2,906 16.765 $2,978 17.181 $3,052 17.608 $3,128 18.046 $3,207 18.502 $3,287 18.963 $3,369 19.437 $3,454 19.927 $3,540 20.423 $3,629 20.937 1 2 $2,978 17.181 $3,052 17.608 $3,128 18.046 $3,207 18.502 $3,287 18.963 $3,369 19.437 $3,454 19.927 $3,540 20.423 $3,629 20.937 $3,719 21.456 2 3 $3,050 17.596 $3,126 18.035 $3,205 18.490 $3,286 18.958 $3,367 19.425 $3,452 19.915 $3,538 20.412 $3,627 20.925 $3,716 21.438 $3,810 21.981 3 4 $3,126 18.035 $3,205 18.490 $3,286 18.958 $3,367 19.425 $3,452 19.915 $3,538 20.412 $3,627 20.925 $3,716 21.438 $3,810 21.981 $3,905 22.529 4 5 $3,203 18.479 $3,284 18.946 $3,365 19.413 $3,449 19.898 $3,536 20.400 $3,624 20.908 $3,714 21.427 $3,808 21.969 $3,903 22.517 $4,001 23.083 5 6 $3,284 18.946 $3,365 19.413 $3,449 19.898 $3,536 20.400 $3,624 20.908 $3,714 21.427 $3,808 21.969 $3,903 22.517 $4,001 23.083 $4,100 23.654 6 7 $3,365 19.413 $3,449 19.898 $3,536 20.400 $3,624 20.908 $3,714 21.427 $3,808 21.969 $3,903 22.517 $4,001 23.083 $4,100 23.654 $4,202 24.242 7 8 $3,446 19.881 $3,534 20.388 $3,621 20.890 $3,712 21.415 $3,806 21.958 $3,900 22.500 $3,997 23.060 $4,098 23.642 $4,200 24.231 $4,305 24.837 8 9 $3,534 20.388 $3,621 20.890 $3,712 21.415 $3,806 21.958 $3,900 22.500 $3,997 23.060 $4,098 23.642 $4,200 24.231 $4,305 24.837 $4,414 25.465 9 10 $3,619 20.879 $3,710 21.404 $3,804 21.946 $3,898 22.488 $3,995 23.048 $4,095 23.625 $4,198 24.219 $4,303 24.825 $4,410 25.442 $4,521 26.083 10 11 $3,710 21.404 $3,804 21.946 $3,898 22.488 $3,995 23.048 $4,095 23.625 $4,198 24.219 $4,303 24.825 $4,410 25.442 $4,521 26.083 $4,634 26.735 11 12 $3,801 21.929 $3,895 22.471 $3,993 23.037 $4,093 23.613 $4,195 24.202 $4,300 24.808 $4,408 25.431 $4,518 26.065 $4,631 26.717 $4,746 27.381 12 13 $3,895 22.471 $3,993 23.037 $4,093 23.613 $4,195 24.202 $4,300 24.808 $4,408 25.431 $4,518 26.065 $4,631 26.717 $4,746 27.381 $4,866 28.073 13 14 $3,991 23.025 $4,091 23.602 $4,193 24.190 $4,298 24.796 $4,405 25.413 $4,516 26.054 $4,628 26.700 $4,743 27.363 $4,862 28.050 $4,984 28.754 14 15 $4,091 23.602 $4,193 24.190 $4,298 24.796 $4,405 25.413 $4,516 26.054 $4,628 26.700 $4,743 27.363 $4,862 28.050 $4,984 28.754 $5,108 29.469 15 16 $4,191 24.179 $4,294 24.773 $4,403 25.402 $4,512 26.031 $4,626 26.688 $4,741 27.352 $4,859 28.033 $4,981 28.737 $5,105 29.452 $5,233 30.190 16 17 $4,294 24.773 $4,403 25.402 $4,512 26.031 $4,626 26.688 $4,741 27.352 $4,859 28.033 $4,981 28.737 $5,105 29.452 $5,233 30.190 $5,364 30.946 17 18 $4,399 25.379 $4,510 26.019 $4,623 26.671 $4,738 27.335 $4,856 28.015 $4,978 28.719 $5,102 29.435 $5,230 30.173 $5,361 30.929 $5,494 31.696 18 19 $4,510 26.019 $4,623 26.671 $4,738 27.335 $4,856 28.015 $4,978 28.719 $5,102 29.435 $5,230 30.173 $5,361 30.929 $5,494 31.696 $5,632 32.492 19 20 $4,621 26.660 $4,735 27.317 $4,853 27.998 $4,975 28.702 $5,100 29.423 $5,227 30.156 $5,358 30.912 $5,491 31.679 $5,629 32.475 $5,769 33.283 20 21 $4,735 27.317 $4,853 27.998 $4,975 28.702 $5,100 29.423 $5,227 30.156 $5,358 30.912 $5,491 31.679 $5,629 32.475 $5,769 33.283 $5,913 34.113 21 22 $4,850 27.981 $4,973 28.690 $5,096 29.400 $5,224 30.138 $5,354 30.888 $5,488 31.662 $5,625 32.452 $5,766 33.265 $5,910 34.096 $6,057 34.944 22 23 $4,973 28.690 $5,096 29.400 $5,224 30.138 $5,354 30.888 $5,488 31.662 $5,625 32.452 $5,766 33.265 $5,910 34.096 $6,057 34.944 $6,210 35.827 23 24 $5,093 29.383 $5,221 30.121 $5,351 30.871 $5,485 31.644 $5,622 32.435 $5,763 33.248 $5,907 34.079 $6,054 34.927 $6,205 35.798 $6,361 36.698 24 25 $5,221 30.121 $5,351 30.871 $5,485 31.644 $5,622 32.435 $5,763 33.248 $5,907 34.079 $6,054 34.927 $6,205 35.798 $6,361 36.698 $6,520 37.615 25 26 $5,348 30.854 $5,482 31.627 $5,619 32.417 $5,760 33.231 $5,903 34.056 $6,050 34.904 $6,202 35.781 $6,357 36.675 $6,516 37.592 $6,679 38.533 26 27 $5,482 31.627 $5,619 32.417 $5,760 33.231 $5,903 34.056 $6,050 34.904 $6,202 35.781 $6,357 36.675 $6,516 37.592 $6,679 38.533 $6,846 39.496 27 28 $5,616 32.400 $5,756 33.208 $5,900 34.038 $6,047 34.887 $6,198 35.758 $6,354 36.658 $6,512 37.569 $6,675 38.510 $6,841 39.467 $7,012 40.454 28 29 $5,756 33.208 $5,900 34.038 $6,047 34.887 $6,198 35.758 $6,354 36.658 $6,512 37.569 $6,675 38.510 $6,841 39.467 $7,012 40.454 $7,187 41.463 29 30 $5,897 34.021 $6,044 34.869 $6,194 35.735 $6,350 36.635 $6,509 37.552 $6,671 38.487 $6,837 39.444 $7,008 40.431 $7,183 41.440 $7,363 42.479 30 31 $6,044 34.869 $6,194 35.735 $6,350 36.635 $6,509 37.552 $6,671 38.487 $6,837 39.444 $7,008 40.431 $7,183 41.440 $7,363 42.479 $7,547 43.540 31 32 $6,191 35.717 $6,345 36.606 $6,504 37.523 $6,667 38.463 $6,833 39.421 $7,004 40.408 $7,179 41.417 $7,359 42.456 $7,543 43.517 $7,732 44.608 32 33 $6,345 36.606 $6,504 37.523 $6,667 38.463 $6,833 39.421 $7,004 40.408 $7,179 41.417 $7,359 42.456 $7,543 43.517 $7,732 44.608 $7,925 45.721 33 34 $6,500 37.500 $6,662 38.435 $6,829 39.398 $7,000 40.385 $7,175 41.394 $7,354 42.427 $7,539 43.494 $7,726 44.573 $7,921 45.698 $8,118 46.835 34 35 $6,662 38.435 $6,829 39.398 $7,000 40.385 $7,175 41.394 $7,354 42.427 $7,539 43.494 $7,726 44.573 $7,921 45.698 $8,118 46.835 $8,320 48.000 35 36 $6,826 39.381 $6,997 40.367 $7,171 41.371 $7,350 42.404 $7,534 43.465 $7,722 44.550 $7,916 45.669 $8,113 46.806 $8,316 47.977 $8,524 49.177 36 37 $6,997 40.367 $7,171 41.371 $7,350 42.404 $7,534 43.465 $7,722 44.550 $7,916 45.669 $8,113 46.806 $8,316 47.977 $8,524 49.177 $8,737 50.406 37 38 $7,167 41.348 $7,346 42.381 $7,529 43.437 $7,718 44.527 $7,911 45.640 $8,108 46.777 $8,311 47.948 $8,519 49.148 $8,732 50.377 $8,951 51.640 38 39 $7,346 42.381 $7,529 43.437 $7,718 44.527 $7,911 45.640 $8,108 46.777 $8,311 47.948 $8,519 49.148 $8,732 50.377 $8,951 51.640 $9,173 52.921 39 40 $7,525 43.413 $7,713 44.498 $7,906 45.612 $8,104 46.754 $8,306 47.919 $8,514 49.119 $8,727 50.348 $8,945 51.606 $9,168 52.892 $9,398 54.219 40 41 $7,713 44.498 $7,906 45.612 $8,104 46.754 $8,306 47.919 $8,514 49.119 $8,727 50.348 $8,945 51.606 $9,168 52.892 $9,398 54.219 $9,633 55.575 41 42 $7,901 45.583 $8,099 46.725 $8,302 47.896 $8,509 49.090 $8,722 50.319 $8,939 51.571 $9,163 52.863 $9,393 54.190 $9,626 55.535 $9,867 56.925 42 43 $8,099 46.725 $8,302 47.896 $8,509 49.090 $8,722 50.319 $8,939 51.571 $9,163 52.863 $9,393 54.190 $9,626 55.535 $9,867 56.925 $10,115 58.356 43 44 $8,297 47.867 $8,504 49.062 $8,716 50.285 $8,934 51.542 $9,158 52.835 $9,386 54.150 $9,621 55.506 $9,862 56.896 $10,108 58.315 $10,361 59.775 44 45 $8,504 49.062 $8,716 50.285 $8,934 51.542 $9,158 52.835 $9,386 54.150 $9,621 55.506 $9,862 56.896 $10,108 58.315 $10,361 59.775 $10,619 61.263 45 46 $8,711 50.256 $8,928 51.508 $9,153 52.806 $9,381 54.121 $9,616 55.477 $9,856 56.862 $10,102 58.281 $10,355 59.740 $10,614 61.235 $10,880 62.769 46 47 $8,928 51.508 $9,153 52.806 $9,381 54.121 $9,616 55.477 $9,856 56.862 $10,102 58.281 $10,355 59.740 $10,614 61.235 $10,880 62.769 $11,151 64.333 47 48 $9,147 52.771 $9,375 54.087 $9,610 55.442 $9,851 56.833 $10,097 58.252 $10,349 59.706 $10,608 61.200 $10,873 62.729 $11,145 64.298 $11,423 65.902 48 49 $9,375 54.087 $9,610 55.442 $9,851 56.833 $10,097 58.252 $10,349 59.706 $10,608 61.200 $10,873 62.729 $11,145 64.298 $11,423 65.902 $11,709 67.552 49 50 $9,605 55.413 $9,844 56.792 $10,090 58.212 $10,342 59.665 $10,602 61.165 $10,865 62.683 $11,137 64.252 $11,417 65.867 $11,702 67.512 $11,994 69.196 50 51 $9,844 56.792 $10,090 58.212 $10,342 59.665 $10,602 61.165 $10,865 62.683 $11,137 64.252 $11,417 65.867 $11,702 67.512 $11,994 69.196 $12,294 70.927 51 52 $10,084 58.177 $10,336 59.631 $10,596 61.131 $10,859 62.648 $11,131 64.217 $11,410 65.827 $11,695 67.471 $11,987 69.156 $12,286 70.881 $12,594 72.658 52 53 $10,336 59.631 $10,596 61.131 $10,859 62.648 $11,131 64.217 $11,410 65.827 $11,695 67.471 $11,987 69.156 $12,286 70.881 $12,594 72.658 $12,909 74.475 53 54 $10,588 61.085 $10,853 62.613 $11,125 64.183 $11,402 65.781 $11,688 67.431 $11,980 69.115 $12,280 70.846 $12,587 72.617 $12,902 74.435 $13,224 76.292 54 55 $10,853 62.613 $11,125 64.183 $11,402 65.781 $11,688 67.431 $11,980 69.115 $12,280 70.846 $12,587 72.617 $12,902 74.435 $13,224 76.292 $13,554 78.196 55 56 $11,118 64.142 $11,396 65.746 $11,680 67.385 $11,974 69.081 $12,272 70.800 $12,579 72.571 $12,894 74.388 $13,216 76.246 $13,547 78.156 $13,885 80.106 56 57 $11,396 65.746 $11,680 67.385 $11,974 69.081 $12,272 70.800 $12,579 72.571 $12,894 74.388 $13,216 76.246 $13,547 78.156 $13,885 80.106 $14,232 82.108 57 58 $11,674 67.350 $11,966 69.035 $12,265 70.760 $12,572 72.531 $12,885 74.337 $13,209 76.206 $13,538 78.104 $13,876 80.054 $14,223 82.056 $14,579 84.110 58 59 $11,966 69.035 $12,265 70.760 $12,572 72.531 $12,885 74.337 $13,209 76.206 $13,538 78.104 $13,876 80.054 $14,223 82.056 $14,579 84.110 $14,944 86.215 59 60 $12,258 70.719 $12,564 72.485 $12,878 74.296 $13,199 76.148 $13,530 78.058 $13,868 80.008 $14,215 82.010 $14,570 84.058 $14,934 86.158 $15,308 88.315 60 61 $12,564 72.485 $12,878 74.296 $13,199 76.148 $13,530 78.058 $13,868 80.008 $14,215 82.010 $14,570 84.058 $14,934 86.158 $15,308 88.315 $15,691 90.525 61 62 $12,871 74.256 $13,192 76.108 $13,522 78.012 $13,860 79.962 $14,207 81.963 $14,562 84.012 $14,926 86.112 $15,300 88.269 $15,681 90.467 $16,074 92.735 62 63 $13,192 76.108 $13,522 78.012 $13,860 79.962 $14,207 81.963 $14,562 84.012 $14,926 86.112 $15,300 88.269 $15,681 90.467 $16,074 92.735 $16,476 95.054 63 64 $13,514 77.965 $13,852 79.915 $14,198 81.912 $14,554 83.965 $14,917 86.060 $15,289 88.206 $15,671 90.410 $16,064 92.677 $16,466 94.996 $16,877 97.367 64 65 $13,852 79.915 $14,198 81.912 $14,554 83.965 $14,917 86.060 $15,289 88.206 $15,671 90.410 $16,064 92.677 $16,466 94.996 $16,877 97.367 $17,299 99.802 65 Step 7 Step 8 Step 9 Step 10Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Attachment 5 MOU July 1, 2015 to June 30, 2018 ii APPENDIX B - CATASTROPHIC LEAVE PROGRAM Purpose The Catastrophic Leave Program is designed to assist District employees (called receiving employees) who have exhausted paid time credits due to a serious, catastrophic or debilitating illness, injury or condition of the employee or of a member of the employee's immediate family (as defined in Section 12.1B.[4]). This program allows other District employees (called donating employees) to make grants of time to a bank maintained by HR so that qualified employees can remain in a paid status for a longer period of time, thus partially reducing the financial impact of the illness, injury or condition. The grants of time donated are converted to sick leave for use by qualified employees. Conditions for Receiving Employees There are four criteria for eligibility as a receiving employee. The receiving employee must: 1. Be a regular full- or part-time District employee; 2. Exhaust all available paid leave time, including sick leave*1 3. Have a sustained, serious or debilitating illness, injury or condition which may need to be verified by a doctor's report, or have a member of the immediate family with a sustained, serious or debilitating injury, illness or condition which requires the employee's absence from work to care for the family member; , vacation, personal leave, holiday or holiday bank time, and compensatory time off; 4. Be prevented from returning to work for at least thirty (30) days and have applied for a disability or family care leave of absence without pay. To apply to be a receiving employee under the Catastrophic Leave Program, an employee completes an Application for Catastrophic Leave. The application is submitted to the Human Resources Supervisor for approval. An employee may be asked to submit supporting medical documentation (i.e., a statement from his/her doctor) with the application. Approval or rejection for participation must be made by the Human Resources Supervisor within two (2) weeks after the completed application is submitted. An employee may be asked to verify his/her status for continuing eligibility for the program. The Human Resources Supervisor will periodically distribute a Donation of Accrued Time Credits form to all District employees so they can specify donations they wish to make to the bank. Benefits available to a receiving employee participating in the program will be treated as though the additional sick leave credited to him/her belongs to him/her. For as long as a receiving employee remains in a paid status, seniority, sick leave and vacation accrual and all benefits will continue as though the sick leave were his/hers. The total credits received by the employee shall not exceed the amount of time the employee is required to be absent from work because of his/her medical condition and shall normally not exceed three (3) months; however, if approved by the General Manager, the total leave credits received may be up to a maximum of six (6) months. Conditions for Donating Employees Donations must be made to the bank on a form signed by the donating employee and submitted to the Human Resources Supervisor. The District will not identify donors. *1 In the event the General Manager has refused to extend the eighty (80) hour limit on sick leave usage for care of a family member (Section 12.1B.[4]), such refusal shall render this criterion fulfilled, even if the Receiving Employee retains sick leave on the books. Attachment 5 MOU July 1, 2015 to June 30, 2018 iii Employees may donate the following types of accrued time credits: Vacation time Personal paid leave time Holiday bank time Compensatory time off (non-exempt employees) Sick leave -- one hour of accrued sick leave may be donated for every two (2) hours of other types of accrued leave time Donations must be made in one-hour increments. The Human Resources Supervisor may utilize appropriate and reasonable mechanisms in administering the donations to assure that: 1. the employee receiving donations does not receive an excessive amount beyond his/her need; 2. employees donating leave have sufficient sick leave time remaining. These objectives shall be accomplished by requiring that any donating employee has a minimum of forty (40) hours of sick leave balance after the donation is made. The donations will be converted to sick leave time and credited to the receiving employee's sick leave time balance on an hour-for-hour basis. The pay the receiving employee receives will be at his/her own rate of pay. Donations, once credited to the bank, are forfeited forever by the donating employee. In order to donate, an employee must submit a Donation of Accrued Time Credits form to the Human Resources Supervisor for processing. Attachment 5 R-15-106 Meeting 15-19 July 22, 2015 AGENDA ITEM 9 AGENDA ITEM Overview of the Seasonal Ranger Program and Approval of the Ranger Aide and Seasonal Ranger Job Classifications GENERAL MANAGER’S RECOMMENDATIONS 1. Receive an informational report on the Seasonal Ranger Program. 2. Approve the new job classifications for Ranger Aide and Seasonal Ranger 3. Adopt a resolution amending the Classification and Compensation Plan to add the two new job classifications. SUMMARY Development of a Seasonal Ranger Program was included as a key project in the FY2015-2016 Action Plan for the Operations Department to increase the presence of uniformed staff in the field, improve diversity in the work force, and improve the ability to recruit experienced and well qualified staff for regular positions. The recommended Seasonal Ranger Program includes two new job classifications for the positions of Ranger Aide and Seasonal Ranger. Total costs for the program during the first year are estimated to be $61,800 and are included in the FY2015-16 budget. DISCUSSION A Seasonal Ranger Program has long been desired as a way to increase the presence of uniformed staff in the field, improve the diversity of candidates who are applying for regular District Ranger positions, and to enhance the District’s ability to recruit experienced and well qualified candidates for District Ranger positions. The seasonal Ranger program will consist of two job classifications: Ranger Aide and Seasonal Ranger. The Ranger Aide is an entry level position that requires a minimum of a high school education and six months experience working with the public. The position will not have any law enforcement authority, but the incumbent will be expected to educate visitors about violations when they are observed. The Ranger Aide will provide visitor assistance and help with janitorial and maintenance work. The Ranger Aide will be in uniform, dressed similar to the Seasonal Open Space Technician. The Seasonal Ranger is a journey-level position and requires an incumbent to have previously completed a Ranger law enforcement academy with certification as an Emergency Medical Responder. The position will be appointed as a District peace officer and the duties will be R-15-106 Page 2 similar to that of a regular District Ranger, with the exception that the Seasonal Ranger will not have wildland firefighting responsibilities. Seasonal Rangers will be provided with the same law enforcement safety equipment (baton, pepper-spray, handcuffs) as regular District Rangers and will issue citations for District and other approved ordinances. The wage scale for the Ranger Aide would be equivalent to the Seasonal Open Space Technician. The wage scale for a Seasonal Ranger is proposed to be $24.18 to $30.19, which is approximately the median of what other local agencies pay for seasonal positions with similar responsibilities. A total of 2,000 hours of seasonal staff time has been budgeted for this fiscal year, allowing for the initial recruitment. The goal of the program is to augment patrol staff and to provide greater services levels especially in light of anticipated increased visitation with the opening of more preserves. FISCAL IMPACT The total cost for the Seasonal Ranger Program for FY2015-16 is estimated to be $61,800. This includes the costs for wages, basic equipment, and uniforms as well as recruitment costs such as background checks. Funds for the program are included in the budget for this fiscal year. BOARD COMMITTEE REVIEW The Seasonal Ranger Program was considered by the Administration and Budget Committee and by the full Board as part of the process for the adoption of the FY2015-16 Action Plan and Budget. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act and no environmental review is required. NEXT STEPS If the job classifications are approved, staff will commence a recruitment process for Ranger Aide and a Seasonal Ranger. Attachment 1. Resolution amending the Classification & Compensation Plan by adding new classification specifications Responsible Department Head: Michael Newburn, Operations Manager Prepared by: Gordon Baillie, Management Analyst II Attachment 1 Resolutions/2015/15-__Amend CCP_Seasonal Ranger 1 RESOLUTION NO. 15-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING THE CLASSIFICATION & COMPENSATION PLAN BY ADDING NEW CLASSIFICATIONS SPECIFICATIONS WHEREAS, the General Manager has proposed an amendment to the Midpeninsula Regional Open Space District Classification and Compensation Plan to add the new job classifications of Seasonal Ranger and Ranger Aide, and to add the classification specifications therefore; and WHEREAS, the Board of Directors having considered such proposals and recommendations; The Board of Directors of Midpeninsula Regional Open Space District does hereby resolve as follows: 1. The Board of Directors hereby amends the Classification and Compensation Plan of the Midpeninsula Regional Open Space District by adding the new job classification titles of Seasonal Ranger and Ranger Aide, and by adding the classifications specifications to read as set forth in the attached exhibits hereto. 2. Except as herein modified, the Classification and Compensation Plan, Resolution No. 15-18 as amended, shall remain in full force and effect. 3. This resolution shall be effective ____, 2015. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on _______, 2015, at a regular meeting thereof, by the following vote: * * * * * * * * * * * * * * * * * * * * AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Secretary Board of Directors President Board of Directors Attachment 1 Resolutions/2015/15-__Amend CCP_Seasonal Ranger 2 APPROVED AS TO FORM: General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk Exhibit A SEASONAL RANGER DEFINITION Under general specific supervision, serves as Peace Officer under California Penal Code; performs a wide variety of patrol and related duties involving the enforcement of District land use regulations and applicable laws to ensure safe and efficient access for the public and staff; performs a variety of work in the, modification, maintenance, restoration, and repair of District lands and facilities; responds to requests and inquiries from the public and provides visitor information as necessary; and performs related work as required. SUPERVISION RECEIVED AND EXERCISED Receives supervision from a Supervising Ranger and other District staff. Exercises no direct supervision over staff. May provide technical and functional direction to assigned volunteers. CLASS CHARACTERISTICS This is the journey-level class in the ranger class series that performs the specified range of duties required to ensure that the District’s properties and facilities are maintained in a safe and effective working condition and provide the highest level of safety for public use. Responsibilities include patrolling assigned areas in a timely manner and enforcement of District regulations and State and local laws, as well as performing a variety of maintenance tasks of assigned properties and facilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job. > Patrols an assigned area by vehicle, bicycle, or foot to ensure safe and proper use of District lands and facilities, monitors boundaries for encroachments, observes situations, reports and investigates suspicious criminal activity or hazardous conditions, and deters crime by maintaining a highly visible presence. > Provides public relations and interpretive services, including providing information, directions, and assistance to the public in a variety of situations; taking reports and assisting the public with complaints or unusual situations; explaining District and preserve history, programs, and projects; and making presentations and providing tours of lands and facilities as requested. > Enforces District regulations and pertinent local, State, and Federal regulations as approved; issues verbal warnings and/or citations as necessary; secures crime scenes and evidence; interviews suspects, victims, and witnesses; collects and preserves evidence; performs investigations and/or cooperates with other law enforcement agencies providing investigative and case development support; prepares court cases and testifies in court as required. > Performs a variety of, maintenance, restoration, and repair activities of District properties and related facilities to ensure safe and efficient access for the public and staff. Seasonal Ranger Page 2 of 5 > Performs trail and road maintenance and construction duties, including trail brushing, clearing downed trees, erosion control, and tread restoration; maintains and constructs drainage systems, trail bridges, culverts, fences, gates, and signs. > Performs facilities and structure construction and maintenance, including semi- skilled carpentry, painting, electrical, and plumbing tasks, and general custodial duties. > Responds to emergency medical incidents, search and rescue, and other emergency calls; notifies appropriate medical, law enforcement, and/or fire response agencies; assumes incident command; assesses and secures accident scenes; provides traffic and crowd control; provides first responder emergency medical attention. > Communicates utilizing multi-frequency radio; obtains and transmits information in the field to other staff, dispatchers, and agencies. > Operates and maintains a variety of vehicles, tools, and equipment such as, emergency patrol vehicles, batons, pepper spray, handcuffs, power saws, drills, brush cutters, mowing tractors, all terrain vehicles, and various tools required for enforcement, patrol, construction, and maintenance duties performed. > Inspects assigned areas for future work projects; completes and submits work orders. > Observes safe work methods and makes appropriate use of related safety equipment as required. > Oversees volunteers, and/or other groups on assigned projects; inspects work to ensure quality control, proper use of equipment, and safety of participants. > Maintains accurate logs, reports, and records of work performed and materials and equipment used. > Attends meetings, conferences, workshops, and training sessions; reviews publications and materials to become and remain current on principles, practices, and new developments in assigned work areas. > Performs other duties as assigned. QUALIFICATIONS Knowledge of: > Principles, practices, and procedures of park law enforcement, emergency medical response, and prevention, and search and rescue. > Maintenance principles, practices, tools, and equipment for maintaining and repairing open spaces, parks, and related facilities. > Basic principles and practices of resource management, including weed management and habitat restoration. > Methods and techniques of emergency medical care including Cardiopulmonary Resuscitation (CPR). > The operation and minor maintenance of a variety of hand and power tools and light equipment. > Operating a motor vehicle in a safe manner under patrol and emergency conditions. > Occupational hazards and safety equipment and practices related to the work, including the safe and proper use of pepper spray or other chemical agents, handcuffs, batons, and other impact weapons according to peace officer safety standards. > Local flora, fauna, cultural, and geological resources and methods and techniques of wild land resource protection and restoration. Seasonal Ranger Page 3 of 5 > Applicable local, State, and Federal laws, regulatory codes, ordinances, and procedures relevant to assigned area of responsibility. > Modern office practices, methods, computer equipment, and basic computer applications. > Principles and procedures of record keeping and reporting. > English usage, spelling, vocabulary, grammar, and punctuation. > Techniques for effectively dealing with individuals of various ages, various socio- economic and ethnic groups, and effectively representing the District in contacts with the public. > Techniques for providing a high level of customer service to public and District staff, in person and over the telephone. Ability to: > Interpret, apply, explain, and enforce complex District, local, State, and Federal codes and regulations. > Perform a variety of construction, modification, maintenance, and repair work. > Perform various emergency medical aid, search and rescue, and other emergency response and prevention activities. > Handle medical emergencies and injuries in a calm and effective manner, including providing first aid and CPR. > Safely and effectively use and operate emergency rescue equipment, patrol vehicles, hand tools, mechanical equipment, power tools, and light equipment required for the work; perform routine equipment maintenance. > Read, interpret, and apply technical information from maps, manuals, drawings, specifications, layouts, blueprints, and schematics. > Learn District lands and boundaries. > Prepare clear, accurate and grammatically correct reports, records, and other written materials. > Maintain accurate logs, records, and written reports of work performed. > Understand and follow oral and written instructions. > Operate modern office equipment including computer equipment and software. > Organize own work, set priorities, and meet critical time deadlines. > Use English effectively to communicate in person, over the telephone or radio, and in writing. > Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines. > Establish, maintain, and foster positive and harmonious working relationships with those contacted in the course of work. Seasonal Ranger Page 4 of 5 Education and Experience: Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be: Equivalent to graduation from high school with some exposure to coursework in law enforcement, resource management, natural sciences, or a related field and six months of experience in the protection, operation, or maintenance of a park, forest, public recreation area, or the equivalent. Licenses and Certifications: > Possession of a valid California Driver’s License. > Possession of, or ability to obtain, a District approved Law Enforcement Training certification. > Possession of, or ability to obtain, a valid California Penal Code 832 certificate, for appointment as a peace officer, within one (1) month of employment. > Possession of a valid First Responder Medical (Emergency Response) certificate or equivalent certification. > Possession of a valid Professional Cardiopulmonary Resuscitation (CPR) certification. Possession of, or ability to obtain, the level of certification in the Incident Command System courses as specified under the National Incident Management System (NIMS). PHYSICAL DEMANDS Must possess mobility to work in the field; strength, stamina, and mobility to respond to emergency situations, to perform medium to heavy physical work, to work in confined spaces and around machines, to climb and descend ladders, to operate varied emergency rescue equipment, hand and power tools, and construction equipment, and to operate a motor vehicle and visit various District sites; vision to assess emergency situations, including medical incidents, and to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone or radio. The job involves fieldwork requiring frequent walking in operational areas to access crime scenes and to identify problems or hazards. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate above-mentioned tools and equipment. Positions in this classification bend, stoop, kneel, reach, and climb to perform work and inspect work sites. Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 100 pounds, or heavier weights, with the use of proper equipment. Seasonal Ranger Page 5 of 5 ENVIRONMENTAL ELEMENTS Employees work in the field and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, confining workspace, chemicals, mechanical and/or electrical hazards, hazardous physical substances and fumes, and poison oak. Employees may be exposed to blood and body fluids when rendering First Aid and CPR. May involve exposure to wild, and/or dangerous animals. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing Federal, State, local, and District laws, codes, regulations, policies, and procedures. WORKING CONDITIONS Must be willing to work weekends, nights, holidays, or extended shifts or be called back in emergency situations and work with exposure to difficult circumstances, including exposure to dangerous situations and violent individuals. Must wear prescribed District uniform and adhere to strict safety procedures and work habits. Depending on the exposure, employee is required to wear head, hearing, eye, foot, face, hand, and full protection equipment. EFFECTIVE: April, 2015 FLSA: Non-Exempt Exhibit B RANGER AIDE DEFINITION Under specific supervision, performs a variety of patrol and related duties informing the public about District land use regulations and applicable laws to ensure safe and efficient access for the public and staff; responds to medical emergencies; performs a variety of work in the, modification, maintenance, restoration, and repair of District lands and facilities; responds to requests and inquiries from the public and provides visitor information as necessary; and performs related work as required. SUPERVISION RECEIVED AND EXERCISED Receives supervision from a Supervising Ranger and other District staff. Exercises no direct supervision over staff. May provide technical and functional direction to assigned volunteers. CLASS CHARACTERISTICS This is the apprentice-level class in the ranger class series that performs the specified range of duties required to ensure that the District’s properties and facilities are maintained in a safe and effective working condition and provide the highest level of safety for public use. Responsibilities include patrolling assigned areas in a timely manner and performing a variety of maintenance tasks of assigned properties and facilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job. > Patrols an assigned area by vehicle, bicycle, or foot to ensure safe and proper use of District lands and facilities, monitors boundaries for encroachments, observes situations and reports suspicious criminal activity or hazardous conditions, and deters crime by maintaining a highly visible presence. > Provides public relations and interpretive services, including providing information, directions, and assistance to the public in a variety of situations; taking reports and assisting the public with complaints or unusual situations; explaining District and preserve history, programs, and projects; and making presentations and providing tours of lands and facilities as requested. > Informs public about District regulations; issues verbal warnings and/or written warnings as necessary; secures crime scenes and evidence; interviews suspects, victims, and witnesses; collects and preserves evidence; cooperates with other law enforcement agencies providing investigative and case development support;. > Performs a variety of, maintenance, restoration, and repair activities of District properties and related facilities to ensure safe and efficient access for the public and staff. Seasonal Ranger Aide Page 2 of 4 > Performs trail and road maintenance and construction duties, including trail brushing, clearing downed trees, erosion control, and tread restoration; maintains and constructs drainage systems, trail bridges, culverts, fences, gates, and signs. > Performs facilities and structure construction and maintenance, including semi- skilled carpentry, painting, electrical, and plumbing tasks, and general custodial duties. > Responds to emergency medical incidents, search and rescue, and other emergency calls; notifies appropriate medical, law enforcement, and/or fire response agencies; assesses and secures accident scenes; provides traffic and crowd control; provides basic first aid. > Communicates utilizing multi-frequency radio; obtains and transmits information in the field to other staff, dispatchers, and agencies. > Operates and maintains a variety of vehicles, tools, and equipment such as, emergency patrol vehicles, power saws, drills, brush cutters, mowing tractors, all terrain vehicles, and various tools required for enforcement, patrol, construction, and maintenance duties performed. > Observes safe work methods and makes appropriate use of related safety equipment as required. > Assists with oversight of volunteers, and/or other groups on assigned projects; inspects work to ensure quality control, proper use of equipment, and safety of participants. > Maintains accurate logs, reports, and records of work performed and materials and equipment used. > Attends meetings, conferences, workshops, and training sessions; reviews publications and materials to become and remain current on principles, practices, and new developments in assigned work areas. > Performs other duties as assigned. QUALIFICATIONS Knowledge of: > Basic principles, practices, and procedures of park law enforcement, emergency medical response, and prevention, and search and rescue. > Basic maintenance principles, practices, tools, and equipment for maintaining and repairing open spaces, parks, and related facilities. > Basic principles and practices of resource management, including weed management and habitat restoration. > Methods and techniques of basic First Aid and Cardiopulmonary Resuscitation (CPR). > The operation and minor maintenance of a variety of hand and power tools and light equipment. > Operating a motor vehicle in a safe manner under patrol and emergency conditions. > Occupational hazards and safety equipment and practices related to the work. > Local flora, fauna, cultural, and geological resources and methods and techniques of wild land resource protection and restoration. > Applicable local regulatory codes, ordinances, and procedures relevant to assigned area of responsibility. Seasonal Ranger Aide Page 3 of 4 > Modern office practices, methods, computer equipment, and basic computer applications. > Principles and procedures of record keeping and reporting. > English usage, spelling, vocabulary, grammar, and punctuation. > Techniques for effectively dealing with individuals of various ages, various socio- economic and ethnic groups, and effectively representing the District in contacts with the public. > Techniques for providing a high level of customer service to public and District staff, in person and over the telephone. Ability to: > Interpret, apply, and explain complex District, local, State, codes and regulations. > Perform a variety of construction, modification, maintenance, and repair work. > Perform various emergency medical aid, search and rescue, and other emergency response and prevention activities. > Handle medical emergencies and injuries in a calm and effective manner, including providing first aid and CPR. > Safely and effectively use and operate emergency rescue equipment, , hand tools, mechanical equipment, power tools, and light equipment required for the work; perform routine equipment maintenance. > Read, interpret, and apply technical information from maps, manuals, drawings, specifications, layouts, blueprints, and schematics. > Learn District lands and boundaries. > Prepare clear, accurate and grammatically correct reports, records, and other written materials. > Maintain accurate logs, records, and written reports of work performed. > Understand and follow oral and written instructions. > Operate modern office equipment including computer equipment and software. > Organize own work, set priorities, and meet critical time deadlines. > Use English effectively to communicate in person, over the telephone or radio, and in writing. > Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines. > Establish, maintain, and foster positive and harmonious working relationships with those contacted in the course of work. Education and Experience: Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be: Equivalent to graduation from high school.. Six months experience working in a customer service related field. Some experience or training in emergency services is desirable. Licenses and Certifications: Seasonal Ranger Aide Page 4 of 4 > Possession of a valid California Driver’s License. > Possession of a valid basic first aid certificate. > Possession of a valid Professional Cardiopulmonary Resuscitation (CPR) certification. PHYSICAL DEMANDS Must possess mobility to work in the field; strength, stamina, and mobility to respond to emergency situations, to perform medium to heavy physical work, to work in confined spaces and around machines, to climb and descend ladders, to operate varied emergency rescue equipment, hand and power tools, and construction equipment, and to operate a motor vehicle and visit various District sites; vision to assess emergency situations, including medical incidents, and to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone or radio. The job involves fieldwork requiring frequent walking in operational areas to identify problems or hazards. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate above-mentioned tools and equipment. Positions in this classification bend, stoop, kneel, reach, and climb to perform work and inspect work sites. Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 100 pounds, or heavier weights, with the use of proper equipment. ENVIRONMENTAL ELEMENTS Employees work in the field and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, confining workspace, chemicals, mechanical and/or electrical hazards, hazardous physical substances and fumes, and poison oak. Employees may be exposed to blood and body fluids when rendering First Aid and CPR. May involve exposure to wild, and/or dangerous animals. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing Federal, State, local, and District laws, codes, regulations, policies, and procedures. WORKING CONDITIONS Must be willing to work weekends, nights, holidays, or extended shifts or be called back in emergency situations and work with exposure to difficult circumstances, including exposure to dangerous situations and violent individuals. Must wear prescribed District uniform and adhere to strict safety procedures and work habits. Depending on the exposure, employee is required to wear head, hearing, eye, foot, face, hand, and full protection equipment. EFFECTIVE: April, 2015 FLSA: Non-Exempt Exhibit C Time Minimum Maximum Minimum Maximum Minimum Maximum Base Seasonal Open Space Technician 18.946 23.654 3,284 4,100 39,408 49,200 Part-time Seasonar Ranger Aide 18.946 23.654 3,284 4,100 39,408 49,200 Part-time Seasonal Ranger 24.179 30.190 4,191 5,233 50,292 62,796 Part-time Farm Maintenance Worker 26.019 32.492 4,510 5,632 54,120 67,584 Full-time Open Space Technician*26.019 32.492 4,510 5,632 54,120 67,584 Full-time Administrative Assistant 26.660 33.283 4,621 5,769 55,452 69,228 Full-time Accounting Technician 27.981 34.944 4,850 6,057 58,200 72,684 Full-time Human Resources Technician 27.981 34.944 4,850 6,057 58,200 72,684 Full-time Lead Open Space Technician*28.690 35.827 4,973 6,210 59,676 74,520 Full-time GIS Technician 28.690 35.827 4,973 6,210 59,676 74,520 Full-time Volunteer Program Lead 28.690 35.827 4,973 6,210 59,676 74,520 Full-time Risk Management Coordinator 29.383 36.698 5,093 6,361 61,116 76,332 Full-time Senior Administrative Assistant 29.383 36.698 5,093 6,361 61,116 76,332 Full-time Ranger 30.121 37.615 5,221 6,520 62,652 78,240 Full-time Public Affairs Program Coordinator 30.121 37.615 5,221 6,520 62,652 78,240 Full-time Information Technology Technician 30.121 37.615 5,221 6,520 62,652 78,240 Full-time Senior Accounting Technician 30.854 38.533 5,348 6,679 64,176 80,148 Full-time Equipment Mechanic/Operator 31.627 39.496 5,482 6,846 65,784 82,152 Full-time Lead Ranger 31.627 39.496 5,482 6,846 65,784 82,152 Full-time Executive Assistant 31.627 39.496 5,482 6,846 65,784 82,152 Full-time Real Property Specialist I 32.400 40.454 5,616 7,012 67,392 84,144 Full-time Resource Management Specialist I 33.208 41.463 5,756 7,187 69,072 86,244 Full-time Planner I 33.208 41.463 5,756 7,187 69,072 86,244 Full-time Docent Program Manager 34.021 42.479 5,897 7,363 70,764 88,356 Full-time Volunteer Program Manager 34.021 42.479 5,897 7,363 70,764 88,356 Full-time Planner II 34.869 43.540 6,044 7,547 72,528 90,564 Full-time Management Analyst I 34.869 43.540 6,044 7,547 72,528 90,564 Full-time Accountant 34.869 43.540 6,044 7,547 72,528 90,564 Full-time Resource Management Specialist II 36.606 45.721 6,345 7,925 76,140 95,100 Full-time Public Affairs Specialist 36.606 45.721 6,345 7,925 76,140 95,100 Full-time Community Outreach Specialist 36.606 45.721 6,345 7,925 76,140 95,100 Full-time Training and Safety Specialist 38.435 48.000 6,662 8,320 79,944 99,840 Full-time 31 31 33 33 33 35 31 25 25 26 27 27 27 28 29 29 30 30 25 6 19 19 20 22 22 23 23 23 24 24 6 16 Midpeninsula Regional Open Space District - CLASSIFICATION & COMPENSATION PLAN Fiscal Year 2015/2016 - Effective 07/01/2015 Last revised: 2/12/2015, 1/19/2015, 7/01/2014, 7/01/2013 Classification Title Step Hourly Range $Monthly Range $Annual Range $ Range # Exhibit C Time Minimum Maximum Minimum Maximum Minimum Maximum BaseClassification Title Step Hourly Range $Monthly Range $Annual Range $ Range # Real Property Specialist II 38.435 48.000 6,662 8,320 79,944 99,840 Full-time Management Analyst II 38.435 48.000 6,662 8,320 79,944 99,840 Full-time Supervising Ranger 38.435 48.000 6,662 8,320 79,944 99,840 Full-time Maintenance, Construction & Resource Supervisor 38.435 48.000 6,662 8,320 79,944 99,840 Full-time Website Administrator 39.381 49.177 6,826 8,524 81,912 102,288 Full-time Information Technology Administrator 39.381 49.177 6,826 8,524 81,912 102,288 Full-time Planner III 42.381 52.921 7,346 9,173 88,152 110,076 Full-time GIS Administrator 43.413 54.219 7,525 9,398 90,300 112,776 Full-time Senior Real Property Specialist 43.413 54.219 7,525 9,398 90,300 112,776 Full-time Senior Accountant 44.498 55.575 7,713 9,633 92,556 115,596 Full-time Senior Management Analyst 44.498 55.575 7,713 9,633 92,556 115,596 Full-time District Clerk 44.498 55.575 7,713 9,633 92,556 115,596 Full-time Media Communications Supervisor 45.583 56.925 7,901 9,867 94,812 118,404 Full-time Senior Resource Mgmt Specialist 45.583 56.925 7,901 9,867 94,812 118,404 Full-time Area Superintendent 46.725 58.356 8,099 10,115 97,188 121,380 Full-time Human Resources Supervisor 46.725 58.356 8,099 10,115 97,188 121,380 Full-time Senior Planner 46.725 58.356 8,099 10,115 97,188 121,380 Full-time Assistant General Counsel I 50.256 62.769 8,711 10,880 104,532 130,560 Full-time Assistant General Counsel II 52.771 65.902 9,147 11,423 109,764 137,076 Full-time Administrative Services Manager 56.792 70.927 9,844 12,294 118,128 147,528 Full-time Natural Resources Manager 56.792 70.927 9,844 12,294 118,128 147,528 Full-time Operations Manager 56.792 70.927 9,844 12,294 118,128 147,528 Full-time Planning Manager 56.792 70.927 9,844 12,294 118,128 147,528 Full-time Public Affairs Manager 56.792 70.927 9,844 12,294 118,128 147,528 Full-time Real Property Manager 56.792 70.927 9,844 12,294 118,128 147,528 Full-time Assistant General Manager 69.035 86.215 11,966 14,944 143,592 179,328 Full-time * OST will receive an additional 1% stipend for Class A or B license; Lead OST 1% for Class A. Board Appointee Group Compensation Hourly Salary Monthly Salary Annual Salary Effective Date Last Revised General Manager $104.001 $18,027 $216,323 4/1/2014 2/12/2015 Controller - Part-time position $86.833 $15,051 $180,612 4/1/2014 2/12/2015 General Counsel $98.073 $16,999 $203,992 4/1/2014 2/12/2015 51 59 48 51 51 51 51 51 46 39 40 40 41 41 41 42 42 43 43 43 36 35 35 35 35 36 Jennifer Woodworth From:Jennifer Woodworth Sent:Wednesday, July 22, 2015 5:13 PM Subject:Board meeting questions Please see the responses to questions from members of the Board below in blue. Thank you again for sending your questions in advance of the meeting. I will have copies on the dais and available to the public. A copy is also maintained in the Board meeting archives to be retained with all Board meeting documents. From Director Cyr: Please provide more information for claim 11533 The NBC Open Roads program airs Sunday nights in partnership with other open space agencies. This sponsorship was included in 2015‐2016 PA Action Plan approved by the Board on March 25th, for the same amount. We sponsored the program and in turn got highlighted in three segments, Mt Um, Picchetti, Los Trancos. Segments have been airing on Sunday nights, the first on 5/3 and now in reruns and results in good exposure for District. Each episode reaches on average 31,000 households in each broadcast with 2 plus people in each home. We are also highlighted and mentioned on their website and social media. Other regional sponsors have sponsored at the same rate and include East Bay Parks, Open Space Authority, POST, Save Redwoods, Marin ‐ and others. It's fairly standard to pay for local program features like this one. From Director Kishimoto: Item 3 ‐ Bay Trail/Ravenswood  How many more approvals besides environmental clearance do we need? We still need SFPUC approval for specific trail location (a “map” to final approval)? Is this a case where board members can help? In June 2015, the SFPUC Review Committee agreed to the preferred alignment for the proposed Bay Trail connection at Ravenswood, where the selected alignment would provide the maximum buffer to University Village neighborhood in East Palo Alto. With the SFPUC’s selection of the preferred alignment for the Bay Trail connection, the District and the Consultants are able to complete the environmental review document, an Initial Study/Mitigated Negative Declaration, and finalize the Trail Easement Agreement with review and approval from SFPUC and City of East Palo Alto. There will be coordination with City of Menlo Park although the City would not need to take any formal action. The review and approval process for the Initial Study/Mitigated Negative Declaration and the Trail Easement Agreement includes these approvals:  City of East Palo Alto Planning Commission  District’s Real Property Committee  District’s Board of Directors  SFPUC Board of Directors  City and County of San Francisco Board of Supervisors Since SFPUC has already selected the preferred trail alignment, the next step would be for the SFPUC Board to approve the final trail alignment location as part of the Trail Easement Agreement and Initial Study/Mitigated Negative Declaration actions after the District Board takes action. The District’s Board would be able to assist this project with its continual support for this project completion when the Trail Easement Agreement and Initial Study/Mitigated Negative Declaration are presented to the Real Property Committee and Board for final approval. Item 7 ‐ Apple Orchard  We had hoped a “Friends” group could help with the event center. There was no interest? There was only one group Bay Area Savvy Players who used the property last year for equestrian training and are scheduled to use it this year for the weekend of August 31st thru September 2nd Also, please remind which of the equestrian and other equipment there is staying and will need maintenance, etc. Some was going to sold off? The equipment staying includes the following items: 1. Livestock shipping pens 2. Livestock alley way to Tunnel 3. Equestrian holding pens and large arena 4. 18 stall barn 6,000 sq.ft. 5. 12 stall mare barn 4,000 sq.ft. Miscellaneous personal property including extra fence panels and equipment were sold by Driscoll Ranches.  Perfecting the rights to the tunnel. What are today’s rights and how might we strengthen or perfect them? The District currently owns fee title on the north side of La Honda Road (State Highway 84) to the center of the roadway. The Event Center is located on the south side of the highway with fee title going to the center of the highway. Caltrans ownership of Highway 84 is an easement interest. Once the District purchases the Event Center, the District will own fee title under and on both sides of La Honda Road where the Tunnel is located. It is the District’s and Caltrans shared opinion that the District will become owner of the tunnel by what is referred to as merger of title. In addition, Staff is currently working with Caltrans to additionally obtain a Quitclaim Deed from Caltrans for the Tunnel to further perfect the District’s ownership in the Tunnel From Director Harris: Director Harris noted that the staff report in the July 22nd Board packet for this agenda item needed clarification. First of all, she wanted us to explain that the funding agreement does not require an adopted resolution from Midpen, and secondly, the County is the lead agency with developing the funding agreement with Midpen. Below is the excerpted paragraph under the Board report’s Next Steps that Director Harris was commenting on for additional clarification. NEXT STEPS With the adoption of the attached resolution, District staff will develop a funding agreement with the County that includes a scope of work, budget, implementation schedule, and performance goals. The funding agreement will be presented to the San Mateo County Board of Supervisors on September 1, 2015 for their review and approval. CLARIFICATION Development of a funding agreement with the County is not dependent on a Board‐adopted resolution, and the funding agreement with the County does not require an adopted resolution. However, the District’s Board resolution authorizes the General Manager to execute an agreement for grant funds from the County for the Ravenswood Bay Trail connection project. The County is the lead agency with developing the funding agreement that includes a scope of work, budget, implementation schedule, and performance goals, for District review and approval before forwarding to the County Board of Supervisors for consideration.