HomeMy Public PortalAbout20200226 - Agenda Packet - Board of Directors (BOD) - 20-04, __,
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REGIONAL
OPEN
SPACE
Midpeninsula Regional
Open Space District
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
Wednesday, February 26, 2020
Special Meeting starts at 5:00 PM*
Regular Meeting starts at 7:00 PM*
AGENDA
Meeting 20-04
5:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT
ROLL CALL
1. Historic Structures — Review of Other Agency Policies and Practices (R-20-20)
Staff Contact: Tina Hugg, Senior Planner, Planning
General Manager's Recommendation:
1. Review and discuss other park and open space agency policies and best practices related to the
disposition of historic structures/buildings.
2. Based on a comprehensive review of internal policies and practices, confirm that no Board
Policy changes are warranted; instead, the General Manager will proceed with making
administrative procedural improvements and clarifications consistent with existing Board Policy,
as stated in this report.
ADJOURNMENT
7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT
ORAL COMMUNICATIONS
The Board President will invite public comment on items not on the agenda. Each speaker will
ordinarily be limited to three minutes; however, the Brown Act (Open Meeting Law) does not allow
action by the Board of Directors on items not on the agenda. If you wish to address the Board, please
complete a speaker card and give it to the District Clerk. Individuals are limited to one appearance
during this section.
ADOPTION OF AGENDA
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 February 12, 2020 Minutes
2. Claims Report
3. Award of Contract to Coastwide Environmental Tech, Inc., for the Abatement and Removal
of Select Dilapidated Non -Historic Structures at Bear Creek Redwoods Open Space Preserve
(R-20-21)
Staff Contact: Leigh Guggemos, Capital Project Manager III, Engineering and Construction
Department
General Manager's Recommendation:
1. Authorize the General Manager to enter into a contract with Coastwide Environmental
Technologies, Inc., of Watsonville, California, for a base amount of $402,000.
2. Authorize a 15% contingency of $60,300 to be reserved for unanticipated issues, bringing the
total contract to a not -to -exceed amount of $462,300.
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.
4. Toto Ranch Rangeland Management Plan and Grazing Lease in Tunitas Creek Open Space
Preserve (R-20-09)
Staff Contact: Lewis Reed, Rangeland Ecologist/Botanist, Natural Resource Department and Omar
Smith, Senior Property Management Specialist, Land & Facilities Services Department
General Manager's Recommendation:
1. Approve a Resolution adopting the Initial Study/Mitigated Negative Declaration and the
Mitigation Monitoring Program for the Toto Ranch Rangeland Management Plan in accordance
with the California Environmental Quality Act (CEQA).
2. Adopt the Toto Ranch Rangeland Management Plan.
3. Amend the Toto Ranch Preliminary Use & Management Plan to reflect the adoption of the
Rangeland Management Plan.
4. Approve a Resolution authorizing the General Manager to enter into a new, five-year
conservation grazing lease with an option for a five-year extension at Toto Ranch with Erik and
Doniga Markegard.
INFORMATIONAL REPORTS — Reports on compensable meetings attended. Brief reports or
announcements concerning activities of District Directors and staff; opportunity to refer public or Board
questions to staff for information; request staff to report to the Board on a matter at a future meeting; or
direct staff to place a matter on a future agenda. Items in this category are for discussion and direction to
staff only. No final policy action will be taken by the Board.
Committee Reports
Staff Reports
Director Reports
Rev. 1/3/20
ADJOURNMENT
*Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order.
In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting,
please contact the District Clerk at (650) 691-1200. Notification 48 hours prior to the meeting will enable the
District to make reasonable arrangements to ensure accessibility to this meeting.
Written materials relating to an item on this Agenda that are considered to be a public record and are distributed
to Board members less than 72 hours prior to the meeting, will be available for public inspection at the District's
Administrative Office located at 330 Distel Circle, Los Altos, California 94022.
CERTIFICATION OF POSTING OF AGENDA
I, Jennifer Woodworth, District Clerk for the Midpeninsula Regional Open Space District (MROSD), declare that
the foregoing agenda for the special and regular meetings of the MROSD Board of Directors was posted and
available for review on February 20, 2020, at the Administrative Offices of MROSD, 330 Distel Circle, Los Altos
California, 94022. The agenda and any additional written materials are also available on the District's web site at
http://www.openspace.org.
Jennifer Woodworth, MMC
District Clerk
Rev. 1/3/20
MILi?'Lt IN;ULA
R F G IO N .7 I
OPEN
SPACE
I Midpeninsula Regional
I Open Space District
R-20-20
Meeting 20-04
February 26, 2020
SPECIAL MEETING AGENDA ITEM 1
AGENDA ITEM
Historic Structures — Review of Other Agency Policies and Practices
GENERAL MANAGER'S RECOMMENDATIONS
1. Review and discuss other park and open space agency policies and best practices related to
the disposition of historic structures/buildings.
2. Based on a comprehensive review of internal policies and practices, confirm that no Board
Policy changes are warranted; instead, the General Manager will proceed with making
administrative procedural improvements and clarifications consistent with existing Board
Policy, as stated in this report.
SUMMARY
This is the third in a series of public meetings to review with the Board of Directors (Board) the
Midpeninsula Regional Open Space District (District) policies and practices related to historic
resources. At this final meeting, District staff will present the comparative findings of other park
and open space agency policies, procedures and best practices. After a thorough review of
District policies, practices, and procedures; the recent historic resources training; and a
comparison analysis of other park and open space agencies, the General Manager recommends
keeping Board Policies status quo. Although a varying degree of specificity and purpose exists
amongst the various Board policies that speak to historic resources, the overarching principles
and implementation guidelines remain consistent and adhere to current rules and regulations.
However, the General Manager proposes certain clarifications to internal administrative
procedures, consistent with Board policy, to ensure consistency and oversight of staff application
District -wide, which are noted in this report.
BACKGROUND
The Board held a historic structures study session on August 28, 2019 (R-19-117) to receive an
overview of District historic resource policies, guidelines, and practices. A second study session
on November 13, 2019 (R-19-28) provided the Board with an in-depth training by Page &
Turnbull, who are qualified historic resources consultants, on historic resource definitions, rules,
regulations, and requirements. Responses to Board questions raised during the August and
November study sessions that required additional research are provided as Attachments 1 and 2.
The focus of the February 26, 2020 study session is to provide a comparative overview on how
the District and other park and open space agencies approach historic resources.
Rev. 1/3/18
R-20-20 Page 2
DISCUSSION
The District retained 2M Associates through a Request for Proposals issued in June 2019 to
augment District staff on the research, analysis, and comparison of District and other public
agency historic resource policies and practices. Patrick Miller, partner at 2M Associates, is a
licensed landscape architect and planner. His experience includes open space and park planning,
trail planning and design, and site planning, and he has worked extensively with public agencies
throughout the Bay area. Mr. Miller also assisted in developing specific policies and guidelines
that form the basis of the Coastal Service Plan.
2M Associates reviewed District policies for conflicts or internal inconsistencies. They also
interviewed District staff to clarify how buildings and structures are evaluated and historic
resources are addressed during acquisition, site planning, and repair or maintenance work. Their
interviews extended to other land and resources management agencies about their processes and
policies for addressing historic resources. 2M Associates then researched the policies of the cities
and counties where the District owns lands to understand the various historic preservation
policies and review processes that would apply to District projects located within those
jurisdictions.
Findings — Comparison with Park and Open Space Agencies
The Historic Resources Policies and Practice Report (Attachment 3) aggregates 2M's research
and findings. It is important to note that many regional park agencies have a much broader
mission than the District that explicitly includes the preservation of historic and/or cultural
resources — an element that is not included within the District's mission or the missions of other
open space agencies. The research and interviews revealed commonalities as well as differences
in other agency practices and approaches to historic resources.
There are clear shared understandings among most agencies about applying National Park
Service, Secretary of the Interior's Standards. The extent to which there is a more focused effort
on historic resource preservation is closely tied to whether historic preservation is an element
within the agency mission. This difference affects levels of staffing, planning, and decision -
making processes. For example, three agencies whose mission includes historic/cultural
resources preservation (National Park Service, California State Parks, East Bay Regional Park
District) have defined historic resources programs that are guided by historic context statements,
and dedicated staff focused on the management of historic resources. Moreover, these agencies
tend to focus on active rehabilitation of eligible or designated historic structures versus passive
in -place preservation. In contrast, agencies like the District whose mission does not include
historic/cultural resource preservation (e.g. Santa Clara Valley Open Space Authority, Sonoma
County Agriculture and Open Space District) rely on outside qualified experts for technical
assessments and guidance, and most often assess resources on a case -by -case basis. However,
funding constraints and the capacity to address ongoing maintenance of buildings and structures
appears to be a universal issue for all agencies.
Based on the research and interviews conducted, 2M Associates offers the following conclusions
(refer Attachment 3).
• Policy: Existing District policies conform with laws, standards, and practices about the
protection of historic and cultural resources. Additional policies could be added and/or
existing policies rewritten or reorganized to further clarify the inventory, evaluation,
R-20-20 Page 3
designation, and disposition of historic buildings and structures. However, key policy
guidelines are already in the current District policies. Instead, the District may consider
creating an administrative historic resources procedural guide that houses all the relevant
District policies related to historic resources and other key information such as resource
inventory, and schedule recurring trainings to ensure that staff are fully informed of the
steps required for historic resources management. The guidebook and training would
serve as a resource for both existing and new staff to ensure consistency of application
District -wide and across time.
• Technical Consistency: District practices related to managing and documenting
buildings and structures over 50 years old conform with the law. However, selected in-
house communications and documentation practices could be strengthened in terms of
maintaining the inventory and documentation of resources. Short of adding a staff
position whose qualifications include cultural/architectural specialties and who would
serve as a central point of contact related to management of cultural and historical
resources, three actions are recommended:
1. Update and refine the GIS data base and catalog system in conformance with historic
building and structure standards.
2. Centralize the written and photographic documentation of buildings and structures
(and other cultural resources).
3. Include training about cultural resource management across all staff levels.
General Manager's Recommendations
Based on a comprehensive review of Board policies that concludes that Board policies adhere to
current legal requirements, are internally consistent, and do not have policy guidance gaps, the
General Manager recommends keeping Board policies status quo. However, there is a potential
benefit in improving administrative procedures to ensure consistency District -wide. As such, the
General Manager will implement an administrative historic resources procedural manual that
compiles all relevant Board policies, ensures compliance with federal, state, and local laws, and
provides process clarifications as a resource tool for current and future District staff. In addition,
the General Manager plans to update and refine the District's historic resources inventory and
develop a centralized process for maintaining historic resources files. Finally, the General
Manager will ensure that key District staff receive historic resources training.
At the February 26 Board meeting, the Board will review 2M's research results and consider
whether they wish to modify the General Manager's recommendations.
FISCAL IMPACT
Board actions related to this Agenda Item result in no fiscal impact.
BOARD COMMITTEE REVIEW
Per Board direction, this item is being presented to the full Board.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
R-20-20 Page 4
CEQA COMPLIANCE
This policy review is not a project subject to the California Environmental Quality Act.
NEXT STEPS
If approved, the General Manager will proceed with implementing additional administrative
tools and recurring training to assist with consistent and complete implementation of Board
policies related to historic structures.
Attachments
1. Response to August 29, 2019 Board Questions
2. Response to November 13, 2019 Board Questions
3. Historic Resources Policies and Practices Report
Responsible Department Head:
Jane Mark, AICP, Planning Manager
Prepared by:
Tina Hugg, Senior Planner, Planning
Patrick T. Miller, 2M Associates
Contact person:
Tina Hugg, Senior Planner, Planning
Attachment 1— Response to Board Questions from August 28, 2019 Study Session
On August 28, 2019, Midpeninsula Regional Open Space District (District) staff presented an overview of District policies that pertain to historic resources. During Board comments, questions were raised regarding alignment and whether
potential inconsistencies exist among the various District policies that speak to historic resources. The following table lists the various questions raised with District staff responses.
Note that the word "disposition" as used in Board policies is intended to mean the determination of what will be done with a structure, e.g. retain, rehabilitate, remove, etc.
COMMENT #1:
The policy statement of Policy 4.02, Improvements on District Lands, (page 1) "seems inconsistent with the Resource
Management Policies and the Vision Plan (see excepts below from the August 28, 2019 Board Report [R-19-117]) as it
focuses on the compatibility to the objectives in the Basic Policy, without reference to the (required) steps identified in
the Resource Management Plan and elsewhere."
Attachment 3 Board Policy Manual. Policy 4.02 Improvements on District Lands (na 1 of 4, under B. Policy Statement
All structures and other improvements existing on District lands at the time of acquisition are potential resources and as such
will be considered for retention and will be addressed in site planning documents. The District will retain, renovate or build a
structure or other improvement only if it is complementary to the objectives of the District outlined in the Basic Policy.
Important considerations in the decision to retain or build an improvement will be its compatibility with the open space
character of the site, its potential financial burden to the District in terms of liability and management, historic value, and its
proposed use. Further considerations are outlined in the Factors to Consider for Structures Disposition, board policy 4.09.
Improvements that don't meet the criteria for retention will be removed as soon as practicable.
Under the Open Space Vision Plan, page 4 of 7:
The Vision Plan discusses overarching themes and goals that guide District work. The Natural, Cultural, and Scenic
Landscapes theme includes goals related to cultural resources.
Theme: Natural, Cultural, and Scenic Landscapes
Subtheme: Steward Many Cultures
• Protect at -risk culturally significant resources and promote their responsible stewardship
• Cultivate partnerships that preserve and/or enhance cultural resources
• Increase interpretation of cultural resources
Subtheme: Sense of Place
• Maintain a sense of place by protecting and increasing access to locally significant, iconic
• natural or cultural features
• Preserve the scenic backdrop and designated scenic corridors, emphasizing the view from
• major roadways and parklands
• Preserve the character and scenic qualities of the coast and rural areas
141SI:
Attachment 2 Summary of the Resource Management Policies with references to historic structures (page 2 of 14):
f
Under Resource Management Mission Statement:
Strategy 2- Provide an effective interdisciplinary program to protect and enhance natural and cultural resources. This program
should include planning, interpretation, research, protection, maintenance, and monitoring practices.
Strategy 9- Increase public knowledge, understanding, and appreciation of the natural and cultural resources of the preserves,
and support for their conservation.
RESPONSE:
The overview below explains how the District's enabling legislation, governing code, and various policies relate to one another.
Governing Code
The District was created in 1972 through voter initiation and is governed by its enabling legislation, Public Resource Code (PRC) 5500.
Under the governance of PRC 5500, the District is guided by Board -approved policies that clarify agency principles and priorities, and
the implementation framework to fulfill its mission: to preserve land, protect and restore the natural resources, provide low -intensity
public access and education, and also on the coast: preserve rural character and encourage viable agricultural uses of land resources.
Developed over the almost 50 -year lifespan of the agency, the District's Board -approved policies together provide fundamental
guidance that informs Board decisions and the day-to-day staff work.
Board -approved policies that establish District principles and priorities
Policies establishing District principles and priorities include the Basic Policy, Strategic Plan, Vision Plan, Measure AA, and Coastal
Service Plan.
• In 1999, the Board of Directors developed a Basic Policy to affirm the mission, purpose, strategic direction, and key elements of
District operations. The Basic Policy provides high-level, broad policy direction from which other more specific District
policies are developed that guide policy implementation.
• Adopted in 2003, the Coastal Service Plan — part guiding principles and part implementation actions — affirms the services and
policies that the District will apply to all its activities on the San Mateo County Coast related to land conservation, resource
management, public access, and agriculture.
• Adopted in 2011 and updated annually in response to emerging opportunities and challenges, the Strategic Plan Goals and
Objectives balances the District's mission of land conservation, stewardship, public access, and agriculture. The annual goals
and objectives guide the annual development of the capital improvement and action plan, and budget. From the 2011 strategic
planning process came the following priority setting and implementation policy documents:
o Vision Plan — Completed in early 2014, the Vision Plan serves to focus, inspire, and coordinate open space
conservation and management on the San Francisco Peninsula, San Mateo Coast, and South Bay regions over the next
40 years. The Vision Plan identifies 54 priority actions, divided into two tiers, to guide the annual work plan and
allocation of staffing and funding resources.
o Measure AA — Approved by voters in 2014, this $300 million general obligation bond provides a separate capital
funding source for the top tier (top 25) Vision Plan priority actions. Under Measure AA, the District is committed to
completing the top tier Vision Plan projects by 2044 (30 -year timeframe).
Policies about Implementation
Policies that establish how the District implements the mission, principles, strategic goals, and priorities are contained within the Board
Policy Manual, Coastal Service Plan (implementation actions), and various policies, including the Resource Management Policies and
Integrated Pest Management Policies. These policies guide how work is performed by District staff.
Page 1 of 4
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