HomeMy Public PortalAbout20200909 - Agenda Packet - Board of Directors (BOD) - 20-20
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Wednesday, September 9, 2020
Special Meeting starts at 5:00 PM*
Regular Meeting at 7:00 PM*
A G E N D A
Consistent with Governor Gavin Newsom's Executive Order N-29-20, the Governor has allowed local
legislative bodies to hold public meetings via teleconference and to make public meetings accessible
telephonically or otherwise electronically to all members of the public seeking to observe and to address the
local legislative body or state body to avoid public gatherings, and has suspended all contrary provisions of the
Brown Act.
THIS MEETING WILL BE VIA TELECONFERENCE ONLY
1. The meeting can be viewed in real-time at: https://openspace.zoom.us/j/88288329336 or listen to the meeting
by dialing (669) 900-6833 or (346) 248-7799 (Webinar ID 88288329336).
2. Members of the public may provide written comments by submitting a public comment form
at: https://www.openspace.org/public-comment
• Comments on matters not on the agenda must be submitted prior to the time the board president calls
for public comments.
• Comments on agenda items must be submitted prior to the time public comment on the agenda item is
closed.
• All comments shall be subject to the same rules as would otherwise govern speaker comments at the
board of directors meeting.
• Electronic comments on agenda may only be submitted via the public comment form. Comments via text
or social media (Facebook, Twitter, etc.) will not be accepted.
Any comments received after the deadline, will be provided to the Board after the meeting.
5:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION
ROLL CALL
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code Section 54957(b)(1)
Title of Employee: Controller
General Counsel
ADJOURNMENT
7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT
Meeting 20-20
Rev. 1/3/20
ROLL CALL
ORAL COMMUNICATIONS
This portion of the agenda is for members of the public to comment on items not on the agenda;
however, the Brown Act (Open Meeting Law) does not allow action by the Board of Directors on items
not on the agenda. Individuals are limited to one comment during this section.
ADOPTION OF AGENDA
SPECIAL ORDERS OF THE DAY
• Presentation by Tim Ramirez (SFPUC) Re: SFPUC Southern Skyline Boulevard Bay Area Ridge
Trail Extension Project
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 August 26, 2020 Minutes
2. Claims Report
3. First Amendment to the Secured Promissory Note between Jacob Guenther and Tamara J.
Shimizu (a.k.a. Tamara J. Guenther) and Midpeninsula Regional Open Space District for a
Fee Determinable Estate at 5705 Alpine Road, Portola Valley, CA 94028, adjoining Skyline
Ridge Open Space Preserve in unincorporated San Mateo County (Assessor’s Parcel Number
080-282-080) (R-20-98)
Staff Contact: Jasmine Leong, Real Property Agent I
General Manager’s Recommendations:
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act (CEQA), as set out in the staff report.
2. Adopt a Resolution authorizing the General Manager to enter into a First Amendment to the
Secured Promissory Note held by Midpeninsula Regional Open Space District against Jacob
Guenther and Tamara J. Shimizu as described in this report.
4. Award of Contract for Environmental Services for the Beatty House Removal and Site
Restoration Project (R-20-99)
Staff Contact: Jane Mark, AICP, Planning Department
General Manager’s Recommendations:
1. Authorize the General Manager to contract with LSA Associates, Inc., to provide
environmental and permitting consulting services to remove the Beatty House and restore the
natural resource values of the site for a base contract amount of $79,786.
2. Authorize a 5% contingency of $3,989, to be expended only if necessary, to cover unforeseen
conditions, for a not-to-exceed contract amount of $83,775.
BOARD BUSINESS
Public comment on agenda items at the time each item is considered by the Board of Directors. Written
public comments will be provided to the Board prior to the meeting and posted on the District’s website
Rev. 1/3/20
at www.openspace.org. All written comments submitted in accordance with the guidance posted on the
District’s website will be read into the record.
5. First reading of the revised “Ordinance for Use of Midpeninsula Regional Open Space
District Lands” (R-20-100)
Staff Contact: Brad Pennington, Area Superintendent, Visitor Services
General Manager’s Recommendations:
1. Waive reading, read by title only, and introduce the proposed amendments to the Ordinance
regulating use of Midpeninsula Regional Open Space District Lands for adoption at the next
regular meeting of September 23, 2020.
2. Recommend proposed updates to the Bail Schedule for adoption at the next regular Board
meeting of September 23, 2020.
6. Administrative Office Project Update (R-20-97)
Staff Contact: Tanisha Werner, P.E., Senior Capital Project Manager
General Manager’s Recommendations: Review and provide feedback on the current project design
to reconfigure and repurpose the 5050 El Camino Real building in Los Altos, California as the
main administrative office for the Midpeninsula Regional Open Space District.
INFORMATIONAL MEMORANDUM
• Trail Use Designation of Short Segment of Lower Meadow Trail in Rancho San Antonio Open
Space Preserve
INFORMATIONAL REPORTS – Reports on compensable meetings attended. Brief reports or
announcements concerning activities of District Directors and staff; opportunity to refer public or Board
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.
A. Committee Reports
B. Staff Reports
C. Director Reports
ADJOURNMENT
*Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order.
In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting,
please contact the District Clerk at (650) 691-1200. Notification 48 hours prior to the meeting will enable the
District to make reasonable arrangements to ensure accessibility to this meeting.
Written materials relating to an item on this Agenda that are considered to be a public record and are distributed
to Board members less than 72 hours prior to the meeting, will be available for public inspection at the District’s
Administrative Office located at 330 Distel Circle, Los Altos, California 94022.
CERTIFICATION OF POSTING OF AGENDA
I, Jennifer Woodworth, District Clerk for the Midpeninsula Regional Open Space District (MROSD), declare that
the foregoing agenda for the special meetings of the MROSD Board of Directors was posted and available for
Rev. 1/3/20
review on September 3, 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
August 26, 2020
Board Meeting 20-19
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Wednesday, August 26, 2020
The Board of Directors conducted this meeting in accordance with California Governor
Newsom’s Executive Order N-29-20. All Board members and staff participated via
teleconference.
DRAFT MINUTES
SPECIAL MEETING – STUDY SESSION
President Holman called the special meeting of the Midpeninsula Regional Open Space District
to order at 5:01 p.m.
ROLL CALL
Members Present: Jed Cyr, Larry Hassett, Karen Holman, Zoe Kersteen-Tucker, Yoriko
Kishimoto, Curt Riffle, and Pete Siemens
Members Absent: None
Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Chief
Financial Officer Stefan Jaskulak, Assistant General Manager Brian
Malone, Assistant General Manager Susanna Chan, District
Clerk/Assistant to the General Manager Jennifer Woodworth, Natural
Resources Manager Kirk Lenington, Resource Management Specialist II
Karine Tokatlian
President Holman announced this meeting is being held in accordance with Governor Newsom’s
Executive Order allowing Board members to participate remotely. The District has done its best
to conduct a meeting where everyone has an opportunity to listen to the meeting and to provide
comment. The public has the opportunity to comment on the agenda, and the opportunity to
listen to this meeting through the internet or via telephone. This information can be found on the
meeting agenda, which was physically posted at the District’s Administrative Office, and on the
District website. President Holman described the process and protocols for the meeting.
1. Midpeninsula Regional Open Space District American Badger and Burrowing Owl
Research (R-20-93)
Resource Management Specialist II Karine Tokatlian provided the staff presentation describing
the American badger, including their behaviors and markings, habitats, and presence in District
Meeting 20-19 Page 2
preserves. Ms. Tokatlian explained badgers are difficult to monitor and study due to their
nocturnal nature, but badgers typically prefer grassland habitats, which overlaps well with the
District’s conservation grazing areas on which badgers have been observed. Humans represent
the largest threat to badgers through habitat loss, habitat fragmentation, vehicles, use of
anticoagulant rodenticides (SGARs), and hunting and trapping, which led to American badgers
being listed as a species of special concern in 1987 to reduce population decline and support
population monitoring. The burrowing owl is another species of special concern that lives in
District preserves and often use badger burrows. Burrowing owls are also at risk of population
decline for similar reasons to badgers.
Ms. Tokatlian described the badgers and burrowing owl habitat suitability assessment, which is
assessing existing data and collecting additional data through field surveys to create a habitat
assessment and linkage models. The assessment also includes a genetic analysis to help better
understand the population and its diversity. Ms. Tokatlian described the preliminary results of
the study, including potential habitat linkages and badger sightings at various District preserves,
and how the study results will inform District management actions, such as in designing roads,
trails, and facilities; habitat and property acquisition; maintaining habitat connectivity; and
managing potential conflicts with livestock. Burrowing owls have been observed in Purisima
Creek Redwoods OSP (October Farm property) and on nearby properties during the winter,
however they have not been observed on District preserves during the breeding season. Ms.
Tokatlian described collaborative and partnership opportunities for studying badgers, including
with Point Blue, Stanford Conservation Program, etc.
The members of the Board thanked Ms. Tokatlian for the thorough and informative presentation.
Director Kishimoto inquired regarding the impact of other (non-SGAR) pesticides on badgers.
Ms. Tokatlian reported there is currently limited data related to the impact of general pesticides
on badgers but assumes pesticides would have a negative impact, similar to impacts reported
from SGARs specifically, on badgers and spoke in support of the District’s use of non-chemical
pesticides.
Director Riffle inquired how staff will know once there is a healthy badger population.
Ms. Tokatlian stated this is hard to measure but requires that enough of the population is
reproducing to replace current population and a has genetic diversity among its population.
Director Siemens suggested an increased badger population could negatively impact row crops if
they attempt to burrow in the row crops. Education and outreach to farmers may provide
stewardship of badgers occurring within agricultural properties. Monitoring existing badger
occurrence within row crops and grazing lands would also be informative.
Public comment opened at 6:41 p.m.
District Clerk Jennifer Woodworth announced no public comments were submitted for this item.
Public comment closed at 6:41 p.m.
No Board action required.
Meeting 20-19 Page 3
President Holman adjourned the special meeting of the Midpeninsula Regional Open Space
District at 6:42 p.m.
REGULAR MEETING
President Holman called the regular meeting of the Midpeninsula Regional Open Space District
to order at 6:54 p.m.
ROLL CALL
Members Present: Jed Cyr, Larry Hassett, Karen Holman, Zoe Kersteen-Tucker, Curt Riffle,
and Pete Siemens
Members Absent: Yoriko Kishimoto
Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Chief
Financial Officer Stefan Jaskulak, Assistant General Manager Brian
Malone, Assistant General Manager Susanna Chan, District
Clerk/Assistant to the General Manager Jennifer Woodworth, Natural
Resources Manager Kirk Lenington, Senior Resource Management
Specialist Aaron Hébert
President Holman announced this meeting is being held in accordance with Governor Newsom’s
Executive Order allowing Board members to participate remotely. The District has done its best
to conduct a meeting where everyone has an opportunity to listen to the meeting and to provide
comment. The public has the opportunity to comment on the agenda, and the opportunity to
listen to this meeting through the internet or via telephone. This information can be found on the
meeting agenda, which was physically posted at the District’s Administrative Office, and on the
District website. President Holman described the process and protocols for the meeting.
ORAL COMMUNICATIONS
Director Kishimoto joined the meeting at 6:57 p.m.
Ms. Woodworth read the submitted comments into the record.
Janssen Liston expressed concern regarding eucalyptus trees in El Sereno Open Space Preserve
stating they need to be removed immediately to protect against fire danger and property
destruction.
Rhoda Fry expressed concerns regarding the Lehigh Quarry and the haze produced by the quarry
due to various materials released into the air. Ms. Fry encouraged the District to advocate for
public health, visibility, and native plants at open spaces.
ADOPTION OF AGENDA
Motion: Director Cyr moved, and Director Riffle seconded the motion to adopt the agenda.
Meeting 20-19 Page 4
ROLL CALL VOTE: 7-0-0
SPECIAL ORDERS OF THE DAY
• Proclamation of the Midpeninsula Regional Open Space District given to Honor the
Retirement of Michael Jurich
CONSENT CALENDAR
Director Riffle requested staff report back on the use of contingency funds in contracts.
President Holman stated the Board could discuss this topic further during Director comments at
the end of the meeting.
Public comment opened at 7:18 p.m.
District Clerk Jennifer Woodworth announced no public comments were submitted for the
Consent Calendar.
Public comment closed at 7:18 p.m.
Motion: Director Siemens moved, and Director Riffle seconded the motion to approve the
Consent Calendar, as amended.
ROLL CALL VOTE: 7-0-0
1. Approve August 12, 2020 Minutes
Director Riffle stated the vote for the second motion for item 4 is incorrect and should state that
President Holman voted against the motion.
District Clerk Jennifer Woodworth stated she will correct the vote when finalizing the minutes.
2. Claims Report
3. Acceptance of Funding from the California Conservation Corps for the Coal Creek
Area Fuel Break Project (R-20-94)
General Manager’s Recommendations: Adopt a resolution accepting Proposition 68 grant
funding from the California Conservation Corps for the Coal Creek Area Fuel Break Project.
4. Lobitos Ridge/Elkus Uplands Ranch Grazing Lease in Purisima Creek Redwoods
Open Space Preserve (R-20-95)
General Manager’s Recommendations: Adopt a resolution authorizing the General Manager to
enter into a new, two-year grazing lease with an option for a one-year extension at Lobitos
Ridge/Elkus Uplands Ranch in Purisima Creek Redwoods Open Space Preserve with current
lessee, Vince Fontana.
Meeting 20-19 Page 5
5. Purchase of Capital Equipment for Fiscal Year 2020-21 (R-20-86)
General Manager’s Recommendations: Authorize the General Manager to execute a purchase
contract with the California Department of General Services and associated contract dealers for
two replacement patrol vehicles and one replacement mini excavator, for a total cost not-to-
exceed $110,000.
Director Siemens stated the report has a typo, and the amount to be approved is $140,000, not
$110,000.
Land & Facilities Manager Michael Jurich confirmed it is a typo, and the total amount should be
$150,000 – $110,000 for vehicles and $40,000 for an excavator.
6. Award of Contract to Shellco General Contractor, Inc., for the Deer Hollow Farm
White Barn Structural Stabilization Project at Rancho San Antonio Open Space Preserve
(R-20-96)
General Manager’s Recommendations:
1. Authorize the General Manager to enter into a contract with Shellco General Contractor,
Inc., of Patterson, California, for a base contract amount of $235,551.
2. Authorize a 15% contingency of $35,333 to be reserved for unanticipated issues, bringing the
total contract to a not-to-exceed amount of $270,884.
7. Assign Fund Balance Transfers to Fiscal Year 2021 (R-20-85)
General Manager’s Recommendations: Adopt a resolution approving (1) balance transfers of
unspent Fiscal Year 2020 appropriations in Fund 40 – General Fund Capital for projects that
continue into Fiscal Year 2021, and (2) General Fund Capital budget amendments for Fiscal
Year 2021.
8. Contract Amendment with Top Line Engineers to Remove an Underground
Oil/Water Separator at the South Area Field Office Project Site (R-20-91)
General Manager’s Recommendations:
1. Authorize the General Manager to amend the original contract of $46,650 with Top Line
Engineers by $61,180, bringing the base contract amount to $107,830 to remove an
underground oil/water separator discovered at the South Area Field Office Project site.
2. Authorize a 15% contingency of $16,175 to be awarded, if necessary, to cover unforeseen
conditions, for a new total not-to-exceed contract amount of $124,005.
9. Award of Contract to Engineering/Remediation Resources Group, Inc. for the
Madonna Creek Ranch Cleanup at Miramontes Ridge Open Space Preserve (R-20-92)
General Manager’s Recommendations:
1. Authorize the General Manager to enter into a contract with Engineering/Remediation
Resources Group, Inc. of Martinez, CA, for a base contract amount of $106,626.
2. Authorize a 15% contingency of $15,994 to be reserved for unanticipated issues related to
the base contract, bringing the total contract to a not-to-exceed amount of $122,620.
Meeting 20-19 Page 6
3. Authorize an allowance of $21,325 to be expended only if there are more materials or
contaminants found during activities than previously estimated.
Director Hassett thanked staff for including in the next steps of the report that staff will be
looking at the Board purchasing policy and other options to increase contractor participation and
local sourcing.
BOARD BUSINESS
10. Sediment Monitoring Results from the Watershed Protection Program at El Corte
De Madera Creek Open Space Preserve (R-20-76)
Senior Resource Management Specialist Aaron Hébert provided the staff presentation describing
the history of the project, including implementation of the Watershed Protection Program,
completion of monitoring work, and measuring the results of the sediment monitoring El Corte
de Madera Creek Open Space Preserve. Mr. Hébert described the V* method for monitoring
sediment in the creeks over time, the locations where the sediment was measured, and how the
data was compared over time. The data showed the amount of sedimentation was reduced by
approximately 60% following District improvements to the area under the Watershed Protection
Program.
Director Riffle inquired how the data could be applied to various preserves throughout the
District.
Mr. Hébert commented that the District is applying the lessons learned at the Preserve by first
completing restoration projects and road/trail upgrades prior to opening new preserve areas to
public access. A recent example is the significant preparation and restoration work completed at
the former Driscoll Ranch area of La Honda Creek Open Space Preserve.
Director Kishimoto inquired regarding the impact of historic clear-cutting and roadbuilding and
whether these effects can be separated.
Mr. Hébert stated it is hard to distinguish between the impact of historic clear-cutting and current
land use decisions in creating large landslides.
Director Kersteen-Tucker inquired how the information is being shared with partners.
Mr. Hébert stated the methodology for measuring the impact of roads and trails on creeks is
being shared with various partners and regulatory agencies seeking to protect watersheds.
Public comment opened at 8:27 p.m.
Ms. Woodworth reported no public comments were received for this item.
Public comment closed at 8:27 p.m.
No Board action required.
Meeting 20-19 Page 7
INFORMATIONAL REPORTS
A. Committee Reports
Director Kishimoto reported the Action Plan and Budget Committee met on August 18, 2020
regarding the quarterly budget process. The Lehigh Quarry ad hoc committee also met on August
24, 2020 to prepare for a meeting with Santa Clara County Supervisor Joe Simitian.
Director Kersteen-Tucker reported the Legislative, Funding, and Public Affairs Committee met
on August 25, 2020 to discuss proposed updates to the District’s ordinance governing regulations
on District lands.
Director Riffle reported the Board Appointee Evaluation Committee met on August 17, 2020 to
discuss the draft written evaluations.
B. Staff Reports
Assistant General Manager Brian Malone reported on recent fires on District lands, which were
started by lightning strikes and were quickly controlled and extinguished. Mr. Malone also
provided updates on the CZU lightning complex fire and highlighted work completed by District
staff to support firefighting efforts.
C. Director Reports
Director Hassett requested additional information regarding use of contract contingencies.
Chief Financial Officer Stefan Jaskulak reported staff will create an annual report to provide the
Board with information regarding the use of contract contingencies.
Director Siemens suggested further discussing contract contingencies at an upcoming Board
workshop.
Director Kishimoto reported her attendance at the virtual Healthy Soils Summit.
ADJOURNMENT
President adjourned the regular meeting of the Board of Directors of the Midpeninsula Regional
Open Space District at 9:04 p.m.
SPECIAL MEETING – CLOSED SESSION
President Holman called the special meeting of the Midpeninsula Regional Open Space District
to order at 9:05 p.m.
ROLL CALL
Members Present: Jed Cyr, Larry Hassett, Karen Holman, Zoe Kersteen-Tucker,
Yoriko Kishimoto, Curt Riffle, and Pete Siemens
Meeting 20-19 Page 8
Members Absent: None
Staff Present: None
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code
Section 54957(b)(1)
Title of Employee: Controller
General Counsel
General Manager
ADJOURNMENT
President Holman adjourned the meeting of the Board of Directors of the Midpeninsula Regional
Open Space District at 9:32 p.m.
________________________________
Jennifer Woodworth, MMC
District Clerk
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CLAIMS REPORT
MEETING # 20-20
MEETING DATE: September 9, 2020 Fiscal Year to date EFT:56.42%
Fiscal Year 18-19 EFT:29.44%
Payment
Number
Payment
Type
Payment
Date
Notes Vendor No. and Name Invoice Description Payment Amount
2335 EFT 08/28/2020 10343 - Granite Rock Company Ravenswood Bay Trail Connection Project - July 2020 296,421.06
2326 EFT 08/28/2020 12111 - Agbayani Construction Corporation SAO Renovation Project & Contingency - July 2020 173,054.87
2328 EFT 08/28/2020 *10205 - Calif Joint Powers Insurance Authority All Risk Property Insurance Premium FY2020-21 136,638.00
2358 EFT 09/04/2020 12020 - Panorama Environmental, Inc.CEQA: Prescribed Fire Program Development 87,920.06
2324 EFT 08/28/2020 *12052 - 4984 EL Camino LLC A02/A03/A04 Rent - September 2020 36,678.00
81369 Check 09/04/2020 11772 - Ahern Rentals, Inc.Equip Rentals - Dozer, Roller, Excavator BCR Trails/Fremont Older - 7/24 - 8/24 18,803.56
2353 EFT 09/04/2020 11998 - Hanford Applied Restoration & Conservation Ravenswood Revegetation and Plant Maintenance - July 2020 10,660.00
2332 EFT 08/28/2020 12016 - Evan Brooks Associates Grant Writ WCB Wildlife & Fish Passage Prog Full Proposal-Hwy 17 10,650.00
2363 EFT 09/04/2020 12082 - Sicular Environmental Consulting La Honda Forest Management Plan - July 2020 10,290.00
81360 Check 08/28/2020 10774 - Langley Hill Quarry Materials for Road work La Honda OSP 9,327.66
2350 EFT 09/04/2020 11748 - Environmental & Energy Consulting Consulting - Legislative, State Funding & Lobbying Services - July - August 2020 8,860.41
2360 EFT 09/04/2020 11523 - PGA Design, Inc.On-Call Task Order 1 - Hawthorns Public Access Plan - July 2020 6,040.00
2329 EFT 08/28/2020 12109 - Christine Sculati Grants Program Support - July 2020 5,968.75
81378 Check 09/04/2020 11996 - Spatial Informatics Group LLC Fire Ecology Services: Prescribed Fire Program 5,339.25
2347 EFT 08/28/2020 11685 - Trailhead Labs Inc Annual SaaS Maintenance for OuterSpatial platform for 8/1/2020 - 8/1/2021 5,000.00
81374 Check 09/04/2020 11129 - Peterson Trucks, Inc.M207 Repair of Hydraulic Rams for Tailgate 4,826.28
2348 EFT 08/28/2020 *11118 - Wex Bank Fuel For District Vehicles - July 2020 4,661.38
2327 EFT 08/28/2020 11430 - BioMaAS, Inc.On-Call Bio - Revised Task Order 1-MAMU Surveys PCR - July 2020 4,658.19
2336 EFT 08/28/2020 10626 - Koff & Associates, Inc.Board Appointee Compensation Study 2020 4,350.00
2352 EFT 09/04/2020 12088 - GSL Fine Lithographers Printing & Mailing Services - Mtn Lion Postcard, Budget Book & Brief, Mtg Postcard 4,320.82
81372 Check 09/04/2020 10344 - Greg's Trucking Service, Inc.Trucking cost for rock delivery to La Honda 3,570.00
2354 EFT 09/04/2020 12105 - IBI Group RSA Multimodal Access Study - July 2020 3,480.00
2362 EFT 09/04/2020 12031 - Ray & Jan's Mobile Truck Service Annual Maintenance - WT01, M23,M27,M37,M217,M220,M231,M232,M31 3,357.08
2361 EFT 09/04/2020 *10211 - Public Policy Advocates Legislative Advocacy Services - July 2020 3,230.00
2338 EFT 08/28/2020 10288 - Mission Valley Ford Truck Sales, Inc.Kubota Tractor Parts Repair - T32 3,073.12
2330 EFT 08/28/2020 10032 - Del Rey Building Maintenance Janitorial Services - AO Offices, FFO, SFO, SAO, CAO 3,020.00
81380 Check 09/04/2020 *10309 - Verizon Wireless Wireless - 7/13/20 - 8/12/20 2,507.05
2331 EFT 08/28/2020 10524 - Ergo Works 3 ergo chairs 2,108.45
2340 EFT 08/28/2020 *10212 - Pinnacle Towers LLC Tower Rental Skeggs Point - September 2020 2,042.30
81365 Check 08/28/2020 12064 - U.S. Mobile Health Exams, Inc.On-Site Audiograms 1,550.00
2337 EFT 08/28/2020 11906 - Law Offices of Gary M. Baum Legal Services - July 2020 1,209.50
2345 EFT 08/28/2020 10952 - Sonic.net Internet service 9/1/2020 - 9/30/2020 1,170.00
2359 EFT 09/04/2020 10925 - Papé Machinery Parts for Tiger Mower - T034 1,133.38
2342 EFT 08/28/2020 12031 - Ray & Jan's Mobile Truck Service Kubota tractor radiator & hydraulic pump drive repair - T32 1,100.00
2356 EFT 09/04/2020 11962 - Live Oak Associates, Inc.Rare Plant Botanical Surveys - Beatty Trail/Parking Lot - July 202 1,038.75
81359 Check 08/28/2020 11551 - Green Team of San Jose Garbage Service - RSA, SAO 921.76
2339 EFT 08/28/2020 10925 - Papé Machinery T34 Repairs 871.77
81377 Check 09/04/2020 11191 - Santa Clara County Dept of Tax & Collections PPE - Hand Sanitizer (100), N95 Masks (350)780.97
81367 Check 08/28/2020 0000A - Jake Corneluis Reimbursement for emergency plumbing repair DHF Residence 750.00
2333 EFT 08/28/2020 10187 - Gardenland Power Equipment Stihl battery powered mower, batteries & parts 720.46
81358 Check 08/28/2020 10454 - California Water Service-949 Water Service - July 2020 (FFO)711.40
2325 EFT 08/28/2020 10357 - A-Total Fire Protection Company Five Year Test of Fire Equipment (FFO)695.00
81370 Check 09/04/2020 11801 - Bay Alarm Company Alarm Services - Historic Hawthorn House 9/1/20 - 12/1/20 608.58
2364 EFT 09/04/2020 10447 - Simms Plumbing & Water Equip., Inc.Replace lavy faucet, PO assembly, washing machine supply flexes - LH Rental 607.98
2351 EFT 09/04/2020 10169 - Foster Brothers Security Systems Locks (RW)588.60
2343 EFT 08/28/2020 10099 - San Francisco Bay Bird Observatory American Badger and Burrowing Owl Habitat Suitability Study - July 2020 562.50
2355 EFT 09/04/2020 10119 - Kwik Key Lock & Safe Co Inc Repair front door lock at Thornewood 551.03
81371 Check 09/04/2020 *11530 - Coastside.net SFO Broadband & Antenna Rental 9/1/20 - 9/30/20 550.00
81362 Check 08/28/2020 10194 - Reed & Graham Inc Erosion Control (BCR)449.02
Electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase
payment security, and ensure quicker receipt by vendors
page 1 of 2
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CLAIMS REPORT
MEETING # 20-20
MEETING DATE: September 9, 2020 Fiscal Year to date EFT:56.42%
Fiscal Year 18-19 EFT:29.44%
Payment
Number
Payment
Type
Payment
Date
Notes Vendor No. and Name Invoice Description Payment Amount
Electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase
payment security, and ensure quicker receipt by vendors
81366 Check 08/28/2020 11852 - Western Exterminator Co.Exterminator Service (RSA-Annex)426.50
81379 Check 09/04/2020 10201 - Turf & Industrial Equip. Co.P07 Battery & Parts 398.16
2365 EFT 09/04/2020 10307 - The Sign Shop Standard sign order operations - PCR 392.40
81376 Check 09/04/2020 10935 - Rice Trucking - Soil Farm Water Delivery at Toto - 8/11 371.01
2334 EFT 08/28/2020 11789 - Gladwell Governmental Services, Inc.Records Management Improvement Project 360.00
2349 EFT 09/04/2020 10815 - American Red Cross EMR - CPR 6 participants 360.00
2357 EFT 09/04/2020 11270 - Municipal Maintenance Equipment Inc.T27 - Repair Parts 285.38
81361 Check 08/28/2020 10589 - Recology South Bay Debris Box Recycling 232.92
2344 EFT 08/28/2020 *10136 - San Jose Water Company Water Service (SAO-Cristich) 179.54
81373 Check 09/04/2020 10664 - Mission Trail Waste Systems AO Garbage Service - July 2020 152.43
81375 Check 09/04/2020 10194 - Reed & Graham Inc Asphalt Rake 139.84
2341 EFT 08/28/2020 12060 - Preferred Alliance, Inc.11-20 Off-Site Participants Testing - (13)134.68
2346 EFT 08/28/2020 10302 - Stevens Creek Quarry, Inc.Base Rock (BCR)128.19
81363 Check 08/28/2020 10960 - State Water Resources Control Board Drinking Water Treatment Operator 55.00
81364 Check 08/28/2020 10960 - State Water Resources Control Board Drinking Water Distribution Operator 55.00
81368 Check 09/04/2020 11880 - A T & T (CALNET3)Mt. Um Safety Phone 7-7-20 - 8-6-20 47.46
891,145.50
*Annual Claims
**Hawthorn Expenses
A### = Administrative Office Vehicle HC = Hendry's Creek P### = Patrol Vehicle SCNT = Stevens Creek Nature Trail
AO2, AO3, AO4 = Leased Office Space HR = Human Resources PCR = Purisima Creek Redwoods SCS = Stevens Creek Shoreline Nature Area
BCR = Bear Creek Redwoods IPM = Invasive Plant Maintenance PIC= Picchetti Ranch SFO = Skyline Field Office
CAO = Coastal Area Office ISM = Invasive Species Management PR = Pulgas Ridge SG = Saratoga Gap
CC = Coal Creek LH = La Honda Creek RR = Russian Ridge SJH = Saint Joseph's Hill
DHF = Dear Hollow Farm LR = Long Ridge RR/MIN = Russian Ridge - Mindego Hill SR= Skyline Ridge
ECdM = El Corte de Madera LT = Los Trancos RSA = Rancho San Antonio T### = Tractor or Trailer
ES = El Sereno M### = Maintenance Vehicle RV = Ravenswood TC = Tunitas Creek
FFO = Foothills Field Office MB = Monte Bello SA = Sierra Azul TH = Teague Hill
FOOSP = Fremont Older Open Space Pres.MR = Miramontes Ridge SAO = South Area Outpost TW = Thornewood
GP = General Preserve OSP = Open Space Preserve SAU = Mount Umunhum WH = Windy Hill
Abbreviations
page 2 of 2
R-20-98
Meeting 20-20
September 9, 2020
AGENDA ITEM 3
AGENDA ITEM
First Amendment to the Secured Promissory Note between Jacob Guenther and Tamara J. Shimizu
(a.k.a. Tamara J. Guenther) and Midpeninsula Regional Open Space District for a Fee Determinable
Estate at 5705 Alpine Road, Portola Valley, CA 94028, adjoining Skyline Ridge Open Space
Preserve in unincorporated San Mateo County (Assessor’s Parcel Number 080-282-080)
GENERAL MANAGER’S RECOMMENDATIONS
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act (CEQA), as set out in the staff report.
2. Adopt a Resolution authorizing the General Manager to enter into a First Amendment to the
Secured Promissory Note held by Midpeninsula Regional Open Space District against Jacob
Guenther and Tamara J. Shimizu as described in this report.
SUMMARY
Due to the economic challenges presented by the COVID-19 pandemic, the General Manager
recommends adopting a Resolution (Attachment 1) to enter into a First Amendment to the
Secured Promissory Note held by Midpeninsula Regional Open Space District (District) against
Jacob Guenther and Tamara J. Shimizu (a.k.a. Tamara J. Guenther) (Guenthers) for a fee
determinable estate at 5705 Alpine Road, Portola Valley, CA 94028. The First Amendment
would extend the Secured Promissory Note by ten years through the spring of 2033 and reduce
the monthly payment amount. This action would allow the Guenthers to afford the monthly
payments to remain in the residence and result in an additional $46,069.77 in interest payments
(revenue) to the District.
DISCUSSION
On July 23, 1997, the District accepted an offer from the Guenthers to purchase a fifty (50) year
fee determinable estate for a ten (10) acre parcel adjoining Skyline Ridge Open Space Preserve
(R-97-109). On December 10, 1997, the Board of Directors (Board) approved an amendment to
the purchase agreement and authorized the District to finance the sale by means of a promissory
note secured by a first deed of trust (R-97-167). The sale price was $361,000, and the terms of
the promissory note included a twenty-five (25) year financing in the amount of $288,000 at an
interest rate of ten percent (10%), to be paid in full by December 1, 2022. The monthly payment
of principal and interest was $2,624.00, with each payment due on the first day of each month.
The Guenthers made timely payments to the District each month since their purchase of the fee
determinable estate on December 17, 1997 until April 30, 2020.
R-20-98 Page 2
On March 3, 2020, pursuant to Section 8630 of the California Government Code and Chapter
2.46 of the San Mateo County Ordinance Code, the San Mateo County Health Officer (Health
Officer) proclaimed a local emergency throughout San Mateo County related to COVID-19, an
ongoing global infectious disease caused by severe acute respiratory syndrome coronavirus 2,
which was first identified in December 2019. On the following day, March 4, 2020, Governor
Gavin Newsom issued a Proclamation of a State of Emergency in the State of California as a
result of the threat of COVID-19. On March 16, 2020, Governor Newsom issued Executive
Order N-28-20, granting local jurisdictions broad authority to enact temporary moratoria on
residential and commercial evictions based on a non-payment of rent caused by the COVID-19
pandemic or the federal, state, and/or local response to the COVID-19 pandemic.
As a result of the State of Emergency, the issuance of local and state-wide shelter-in-place
orders, and the severe impact to business financials due to layoffs, reductions in work hours, and
closures of businesses, the Guenthers lost significant income and are now unable to make full
payments to the District. Although the District does not have a legal obligation to refinance the
Secured Promissory Note, District staff recommends doing so in light of the hardships caused by
COVID-19 thus allowing the Guenthers to remain in the residence while ensuring that the
District recoups full payment with additional interest over an extended ten (10) years. As further
described below, the Amendment would maintain the Guenthers’ tenancy at terms that allow the
Guenthers to fully repay the principal due and increase the interest collected by the District.
TERMS AND CONDITIONS
Under the proposed Amendment to the Secured Promissory Note, the total monthly payment of
principal and interest would decrease from $2,624.00 to $804.39 effective retroactively to May
1, 2020. The loan would be paid in full by April 1, 2033, an additional ten (10) years and four
(4) months from the current loan end date. A late fee of fifteen percent (15%), or $120.00,
would be added to any payments posted after the tenth (10th) day of the month for a total
monthly payment of $924.39. The new monthly payment of $804.39 was determined through
District staff negotiations and is based on the limited amount of monthly income the Guenthers
are receiving.
FISCAL IMPACT
Two charts outlining the original loan and the new proposed loan are below:
Original Loan
Payment Period
(at 10% Interest)
Total Principal
Balance Remaining
Total Interest
Due
Total Payment
Due
5/1/2020 – 12/1/2022 $70,078.00 $9,336.91 $79,414.91
New Proposed Loan
Payment Period
(at 10% Interest)
Total Principal
Balance Remaining
Total Interest
Due
Total Payment
Due
5/1/2020 – 4/1/2033 $70,078.00 $55,406.68 $125,484.68
With the original monthly loan payment amount of $2,624.00, annual receipts expected would
total $31,488. With the new proposed loan payment amount of $804.39, annual receipts expected
R-20-98 Page 3
would total $9,652.68. The new proposed loan would generate an additional $46,069.77 in
interest payments (revenue) to the District.
BOARD COMMITTEE REVIEW
This item was not previously reviewed by a Board Committee.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
This item is not a project subject to the California Environmental Quality Act.
NEXT STEPS
Upon approval by the Board of Directors, staff would execute the First Amendment to the
Secured Promissory Note with the Guenthers per the terms and conditions described in this
report.
Attachments:
1. Resolution Approving and Authorizing the General Manager to Enter into a First
Amendment to the Secured Promissory Note Held by the District Against Jacob Guenther
and Tamara J. Shimizu for a Fee Determinable Estate at 5705 Alpine Road, Portola
Valley, CA 94028, and Authorizing the General Manager and General Counsel to
Execute Any and All Other Documents Necessary or Appropriate to Complete the
Transaction
2. Project Location Map
Responsible Department Manager:
Michael Williams, Real Property Manager
Prepared by:
Jasmine Leong, Real Property Agent I
Graphics prepared by:
Francisco Lopez Tapia, GIS Technician
Resolutions/2020/R-20-x_Guenther 1
RESOLUTION 20-__
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING
AND AUTHORIZING THE GENERAL MANAGER TO ENTER INTO A
FIRST AMENDMENT TO THE SECURED PROMISSORY NOTE HELD
BY THE DISTRICT AGAINST JACOB GUENTHER AND TAMARA J.
SHIMIZU FOR A FEE DETERMINABLE ESTATE AT 5705 ALPINE
ROAD, PORTOLA VALLEY, CA 94028, AND AUTHORIZING THE
GENERAL MANAGER AND GENERAL COUNSEL TO EXECUTE ANY
AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO
COMPLETE THE TRANSACTION.
THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT DOES RESOLVE AS FOLLOWS:
SECTION ONE. The General Manager is authorized to enter into a First Amendment to
the Secured Promissory Note held by Midpeninsula Regional Open Space District against Jacob
Guenther and Tamara J. Shimizu for a Fee Determinable Estate at 5705 Alpine Road, Portola
Valley, CA 95028.
SECTION TWO. The General Manager and General Counsel are authorized to execute
any and all other documents necessary or appropriate to the completion of the transaction
approved in this Resolution. The General Manager and General Counsel are further authorized
to approve minor or technical revisions to the First Amendment that do not involve any
substantial changes to any terms of the agreement, and which are necessary or appropriate to the
completion or implementation of this transaction.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ________, 2020, at a Regular Meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Jed Cyr, Secretary
Board of Directors
Karen Holman, President
Board of Directors
ATTACHMENT 1
Resolutions/2020/R-20-x_Guenther 2
APPROVED AS TO FORM:
Hilary Stevenson, 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.
Jennifer Woodworth, District Clerk
A l p i n e R o ad
GUENTHER PROPERTY
APN 080282080
Jake Guenther
Life Estate
House
A n cie nt O a k s T r a i l
Au d r e y 's Way
M in d e go Hill Trail
24
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RR03A
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Gunther Pond
RUSSIAN RIDGE
OPEN SPACE
PRESERVE
SKYLINE RIDGE
OPEN SPACE
PRESERVE
Midpeninsula Regional
Open Space District
(Midpen)
7/6/2020
Guenther Fee Determinable Estate
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While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features.
Guenther Property
Area of
Detail ÄÆ35
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ÄÆ82
ÄÆ85
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ÄÆ35
ÄÆ84
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ÄÆ280
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Cupertino
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Minor Unpaved Road
Unmaintained Road Width
Trail
ATTACHMENT 2
Rev. 1/3/18
R-20-99
Meeting 20-20
September 9, 2020
AGENDA ITEM 4
Award of Contract for Environmental Services for the Beatty House Removal and Site
Restoration Project
GENERAL MANAGER’S RECOMMENDATIONS
1. Authorize the General Manager to contract with LSA Associates, Inc., to provide
environmental and permitting consulting services to remove the Beatty House and restore the
natural resource values of the site for a base contract amount of $79,786.
2. Authorize a 5% contingency of $3,989, to be expended only if necessary, to cover unforeseen
conditions, for a not-to-exceed contract amount of $83,775.
SUMMARY
In April 2020, the Board of Directors (Board) directed the General Manager to proceed with
environmental review and construction documents to remove the Beatty House and restore the
natural resource values of the former building footprint (Project). To proceed with structure
removal activities, Midpeninsula Regional Open Space District (District) must first complete
an environmental review and secure Santa Clara County (County) permits. Removal is
tentatively scheduled for Fiscal Year 2021-22 (FY22).
In August 2019, the Board of Directors (Board) awarded a contract to LSA Associates, Inc.,
(LSA) for similar environmental and permitting services to support the Beatty Parking Area and
Trail Connections Project (different project, same site) (R-19-111). LSA was selected through a
competitive Request for Proposals (RFP) process. Given LSA’s recently acquired knowledge of
existing conditions at the project site, the General Manager determined that the most cost and
time efficient means to complete the environmental review is through a sole source contract with
LSA. The General Manager recommends awarding a contract to LSA for a base amount of
$79,786 and authorizing a 5% contingency of $3,989, for a total contract amount of $83,775. The
FY21 budget includes sufficient funds for the recommended action.
BACKGROUND
In April 2008, the District approved the purchase of the Beatty Trust property as an addition to
Sierra Azul Open Space Preserve (Attachment 1). The property includes the Beatty House located
at 17820 Alma Bridge Road in unincorporated Santa Clara County. The house is located in a
closed area where the District has been developing public access plans.
R-20-99 Page 2
In 2010, a Historic Resources Evaluation (HRE) report was prepared for the Beatty House when
the site was being evaluated for a potential field office (lack of enough water rendered the site
infeasible for that use). The State of California Department of Parks and Recreation Forms 523
(commonly known as DPR forms) were also prepared as part of this evaluation for historic
documentation. The report concluded that the Beatty House is eligible for individual listing in
the California Register of Historical Resources and qualifies as a historical resource. In
2019, Page & Turnbull prepared a conditions assessment report for the house and concluded that
overall, the Beatty House is in poor to fair condition.
On August 28, 2019, the Board awarded a contract to LSA to provide environmental and
permitting consulting services to support the Beatty Parking Area and Trail Connections
Project (R-19-111). LSA was selected through a competitive RFP process. LSA’s scope of work
involves evaluating existing site conditions at the project site, including biological and cultural
(archaeological and historic) resources, which also apply to the Beatty House removal project.
On April 22, 2020, the Board directed the General Manager to proceed with the removal of
the Beatty House and restoration of the underlying building footprint (R-20-39), of which the
next step is to complete the environmental review.
DISCUSSION
Environmental Review and Permitting
Based on the HRE findings, the house is considered a historic resource for purposes of the
California Environmental Quality Act (CEQA). Therefore, demolition of this building could
result in a potentially significant impact to a historic resource, requiring the preparation of an
Environmental Impact Report (EIR). LSA determined that a Focused EIR is the appropriate
environmental document to fulfill CEQA requirements. Environmental analysis will focus on the
effects of the project on cultural and biological resources.
The Beatty House is not currently listed on the County of Santa Clara heritage resources
inventory, but both the 2010 and 2019 historical assessments indicate its eligibility for the
California Register of Historic Resources. The proposed removal of the house requires a County
demolition permit. As the permitting agency, the County has informed District staff that the
County is a CEQA responsible agency and will therefore review the Focused EIR during the
public review and comment period. County Planning staff will share the Focused EIR with the
Historical Heritage Commission (HHC) for their review and comments and has already
requested a District presentation to the HHC.
Due to the listing eligibility of the house, its removal will likely require historic documentation
and interpretation that could include measured drawings, photography or digital scans, and
interpretative signage. The scope of documentation depends on the level of significance and
complexity of the historic resource, which will be determined as part of the environmental
review and permitting process.
Sole Source Contract with LSA
Consistent with Board Policy 3.03 - Public Contract Bidding, Vendor and Professional
Consultant Selection, and Purchasing Policy Section IV.B provides for sole source contracts
where: services are of a unique type, are of a proprietary nature, or are otherwise of such a
specific design or construction, or are for purposes of maintaining consistency and operational
R-20-99 Page 3
efficiency, so as to be available from only one source.” Here, the General Manager believes that
significant consistency and operational efficiency are achieved by using LSA for similar and
related tasks at the Beatty property, and recommends that the most efficient means to complete
this scope of work is through a sole source contract with LSA for the following reasons:
1. LSA was recently selected through a competitive RFP process as a qualified consultant to
conduct environmental review for a separate project at the same location with overall
similar existing conditions (Beatty Parking Area and Trail Connections Project);
2. LSA has already conducted an existing conditions inventory for the site (for the Beatty
Parking Area and Trail Connections Project) and is knowledgeable about the
site’s biological and cultural resources. LSA can apply this same information in
preparing the Focused EIR for the Beatty removal project, allowing for consistency and
operational efficiency. LSA’s cost proposal reflects their recently acquired knowledge of
the opportunities and constraints at the project site and is noticeably lower than the
proposals recently received for a similar scope of work at La Honda Creek Preserve.
Additionally, the environmental evaluation work under this contract will significantly
benefit the Beatty Parking Area and Trail Connection Project and provide economy of
scale when that project moves forward; and
3. LSA is qualified, available and capable of meeting the project schedule.
FISCAL IMPACT
The recommended contract is anticipated to span two fiscal years, with approximately $42,525 in
expenditures during FY21. The FY21 adopted budget includes sufficient funds to cover the
recommended action and expenditures through June 30. Funding for future year budgets will be
proposed as part of the annual budget and action plan process.
Beatty House Removal
and Site Restoration
MAA22-005
Prior
Year
Actuals
FY21
Adopted
FY22
Projected
FY23
Projected
Estimated
Future
Years
TOTAL
Budget $0 $50,000 $357,500 $0 $0 $407,500
Spent-to-Date
(as of 09/02/20): $0 $0 $0 $0 $0 $0
Encumbrances: $0 ($7,007) $0 $0 $0 ($7,007)
LSA Associates, Inc.
Contract: $0 ($40,500) ($39,286) $0 $0 ($79,786)
5% Contingency: $0 ($2,025) ($1,964) $0 $0 ($3,989)
Budget Remaining
(Proposed): $0 $468 $316,250 $0 $0 $316,718
The following table outlines the Measure AA Portfolio #22 Sierra Azul: Cathedral Oaks Public
Access and Conservation Projects allocation, costs-to-date, projected future project expenditures
and projected portfolio balance remaining.
MAA22 Sierra Azul: Cathedral Oaks Public Access and Conservation
Projects: $6,714,000
Grant Income (through FY23): $256,016
Total Portfolio Allocation: $6,970,016
R-20-99 Page 4
Life-to-Date Spent (as of 09/02/2020): ($1,227,482)
FY21 Encumbrances: ($14,893)
Remaining FY21 project budgets: ($492,846)
Future MAA22 project costs (projected through FY23): ($3,454,767)
Total Portfolio Expenditures: ($5,189,988)
Portfolio Balance Remaining (Proposed): $1,780,028
The following table outlines the Measure AA Portfolio #22 Sierra Azul: Cathedral Oaks Public
Access and Conservation Projects allocation, projected life of project expenditures and projected
portfolio balance remaining.
MAA22 Sierra Azul: Cathedral Oaks Public Access and Conservation
Projects: $6,714,000
Grant Income (through FY23): $256,016
Total Portfolio Allocation: $6,970,016
Projected Project Expenditures (life of project):
22-001 Hendrys Creek Property Land Restoration ($513,343)
22-002 Sierra Azul Cathedral Oaks Land Conservation -
22-003 Freudenberg Land Purchase ($540,587)
22-004 Beatty Parking Area and Trail Connections ($3,228,558)
22-005 Beatty House Removal and Site Restoration ($407,500)
22-XXX Reserved for Land Acquisition ($500,000)
Total Portfolio Expenditures: ($5,189,988)
Portfolio Balance Remaining (Proposed): $1,780,028
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
Retention of professional consultants will not result in a direct physical change to the
environment [CEQA Guidelines Section 15060(c)(2)] and does not constitute Board approval of
the proposed project or related proposed project elements. The Board will consider approval of
the proposed project as part of the CEQA certification in Winter 2021.
NEXT STEPS
Pending Board approval, the General Manager will direct staff to enter into a contract with LSA
to provide environmental services in support of the Project. The table below provides
a tentative project schedule, where construction would begin after Board CEQA certification.
Milestones Tentative Schedule
Award of Contract – Environmental Consultant Services September 9, 2020
Environmental review / early permitting Fall 2020 – Winter 2021
Final design / permitting Summer 2021
CEQA Certification /Award of Demolition & Site Restoration Contract /
Final Permits Winter 2022
R-20-99 Page 5
Construction Activities Winter 2022 – Spring 2022
Attachments
1. Beatty Property Site Map
Responsible Department Head:
Jane Mark, AICP, Planning Department
Prepared by:
Leialani Hufana, Planner II, Planning Department
Staff Contact:
Jane Mark, AICP, Planning Department
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BEAR CREEK REDWOODS
OPEN SPACE PRESERVE
SANTA CLARA
VALLEY WATER
DISTRICT
SAN JOSE
WATER COMPANY
ST. JOSEPH'S HILL
OPEN SPACE
PRESERVE
SANBORN
SKYLINE PARK
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Midpeninsula Regional
Open Space District
(Midpen)
1/8/2020
Beatty Property Site Map
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MROSD Preserves
Private Property
While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features.
Watershed Land
Area of
Detail
ÄÆ17
ÄÆ35
ÄÆ9
ÄÆ17
ÄÆ85
ÄÆ85
Campbell
Saratoga
Los Gatos
San Jose
Other Protected Lands
SIERRA AZUL
OPEN SPACE
PRESERVE
Former Beatty Property
ATTACHMENT 1
Rev. 1/3/18
R-20-100
Meeting 20-20
September 9, 2020
AGENDA ITEM 5
AGENDA ITEM
First reading of the revised “Ordinance for Use of Midpeninsula Regional Open Space District
Lands”
GENERAL MANAGER’S RECOMMENDATIONS
1. Waive reading, read by title only, and introduce the proposed amendments to the Ordinance
regulating use of Midpeninsula Regional Open Space District Lands for adoption at the next
regular meeting of September 23, 2020.
2. Recommend proposed updates to the Bail Schedule for adoption at the next regular Board
meeting of September 23, 2020.
SUMMARY
The Midpeninsula Regional Open Space District (District) Ordinance establishing Regulations
for use of Midpeninsula Regional Open Space District Lands was last reviewed by the Board of
Directors in 2014. Staff recently performed a comprehensive review of the Ordinance, and the
General Manager proposes revisions to address new issues in the field, changes in state law, and
changes in visitor behavior that have emerged in the last six years. Proposed bail amounts for
the new ordinance sections are identified in the staff report, as well as increases to current bail
amounts for sections that have been elevated to a misdemeanor status because of the severity of
the violation.
DISCUSSION
The Board of Directors is empowered by State law to enact ordinances, rules, and regulations
that apply to the property, improvements, and facilities belonging to the District or under its
control [Public Resources Code section 5558(a)]. The District Ordinance provides regulations to
implement the Basic Policy, provide a framework for educating the public about acceptable and
prohibited uses of District lands, and support proper administration, governance, protection and
use of District lands. The proposed revisions to the Ordinance are shown with strikeouts and
redline in Attachment 1. A line-by-line explanation for each change to the Ordinance is included
in Attachment 2 - Summary of Proposed 2020 Revisions to the Regulations for use of
Midpeninsula Regional Open Space District Lands.
The Ordinance was last revised by the Board in February 2014 (R-14-09). Since then, there have
been several changes to state law that can be better enforced by the District if incorporated into
the Ordinance. For example, the definition of “Smoking” in state law has been modified to
R-20-100 Page 2
include electronic smoking devices or “vaping.” The proposed revisions incorporate this new
definition.
The first proposed change is to the title of the document. Currently the title is Regulations for
Use of Midpeninsula Regional Open Space Lands. The recommended change would be to title
the document Ordinance for Use of Midpeninsula Regional Open Space Lands. This change
reinforces the District’s ability to pursue the option of enacting an administrative enforcement
program if the District chooses to do so in the future, instead of having all violations go through
the courts. There is no intent to move to an administrative system at this time because the court
system has effective penalties for failure to appear or failure to pay fines, but it allows the
flexibility to do so in the future should the District decide to make this change at a later date with
Board of Directors approval.
Two new sections have been added to properly manage interactions between preserve visitors
and District activities, specifically scientific data collection and cattle grazing. Livestock section
701.8 is added to regulate visitor interference with cattle operations of District grazing tenants. In
addition, “or domesticated” animal was added to section 700.1 to prohibit pursuing, molesting,
disturbing, injuring and other harm of domestic animals, including livestock. This addition
prohibits the harassment of livestock. The title of 700.1 was also changed from Hunting to
Hunting/Harassing for added clarification. Scientific equipment section 703.6 is added to protect
field studies conducted by the District and partners.
Proposed changes also incorporate recommendations from District Rangers based on their direct
knowledge of field issues. One example is the inclusion of the word “possess” in the section that
prevents the flying of drones. Most often, by the time a ranger finds a person who was flying a
drone, it is no longer in flight yet still in the possession of the person while in the preserve.
Proposed changes to permit requirements, section 408.1, simplify the section to describe
situations when a permit is required. The proposed Ordinance also eliminates the requirement
for permits when a no-fee activity is publicly posted (e.g. via social media) and kept to no larger
than 20 people. Small groups would still need a permit if a fee is paid for participation.
The proposed changes have been reviewed by special legal counsel experienced in public agency
law enforcement procedures, and by the District’s legal department.
Finally, an updated bail schedule is provided as Attachment 3. The actual fines assessed by the
courts include fees that increase the fine totals to an estimated $197 for a $25 bail (688% of base
bail) and to an estimated $1,105 for a misdemeanor $250 bail (342% of base bail). The total fine
for lower bail amounts is a higher percentage of the bail amount because the fees include both
flat fees per citation and fees based on the bail amount. The bail amounts proposed for new
regulations are based on staff’s review of the amount set for similar District violations. Staff
also compared the updated bail schedule with that of Santa Clara County Parks to ensure a level
of parity, taking into consideration that some issues and priorities are different between the two
agencies. The proposed bail schedule also includes increases for certain sections of the
Ordinance where the level of offense will change from an infraction to a misdemeanor. It also
takes into account recent changes in bail schedule policies within the Santa Clara County court
system where a small number of infractions that were previously heard in criminal court will
now be heard in traffic court.
R-20-100 Page 3
FISCAL IMPACT
The District receives minimal revenue from the court fines. The newly added regulations are not
anticipated to have any notable fiscal impact.
BOARD COMMITTEE REVIEW
The proposed amendments to the Ordinance and proposed updates to the Bail Schedule were
reviewed by the Legislative Finance, and Public Affairs Committee (LFPAC) on August 25,
2020 (R-20-69). LFPAC recommended forwarding the proposed amendments to the Ordinance
and Bail Schedule to the full Board for consideration with a minor typo correction and staff
confirmation of the proper protection of livestock from harassment. Staff has reviewed and
confirmed that the proposed Ordinance changes indeed prohibit harassment of livestock as
detailed in this report.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
No compliance is required as this action is not a project under CEQA.
NEXT STEPS
After Board initial review and the incorporation of any changes requested by the Board, the
ordinances will return to the Board on September 23, 2020 for consideration of adoption. The
ordinances will be published in a newspaper of general circulation 30 days after adoption.
Once the Ordinance is enacted, staff will submit the requested Bail Schedule for new Ordinances
to the San Mateo and Santa Clara County courts for their review and approval.
Attachments:
1. Proposed Amendments to the Ordinance, “Regulations for Use of Midpeninsula
Regional Open Space District Lands.”
2. Summary of Ordinance Review Changes
3. Proposed Updates to the District’s Bail Schedule
Responsible Department Head:
Matthew Anderson, Chief Ranger/Visitor Services Manager
Prepared by / Contact person:
Brad Pennington, Area Superintendent, Visitor Services
Page 1 of 24
REGULATIONSORDINANCE FOR USE OF
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LANDS
Adopted by Ordinance No. 93-1, July 28, 1993
Revised and Adopted by Ordinance No. 96-1, February 28, 1996
Revised and Adopted by Ordinance No. 03-01, June 6, 2003
Revised and Adopted by Ordinance No. 03-02, August 13, 2003
Revised and Adopted by Ordinance No. 04-01, August 25 2004
Revised and Adopted by Ordinance No. 14-01, January 22, 2014
Revised and Adopted by Ordinance No. 20-01, September xx, 2020
CHAPTER I.
DEFINITIONS
SECTION 100. TITLE. The following regulations shall be known as “Regulations Ordinance
for Use of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Lands” and may
be referred to as “land use regulations.”
SECTION 101. PURPOSE. These regulationsThis Ordinance is are adopted to provide
responsible stewardship for District Lands, to establish orderly use, and to
maintain a natural and quiet environment for persons on the lands. They are It
is established according to the Basic Policy of the Board of Directors of
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, adopted
March 27, 1974, and as amended March 10, 1999, that “The District follows
management policies that ensure proper care of the land, that provide public
access appropriate to the nature of the land, and that are consistent with
ecological values and public safety.”
SECTION 102. HEADINGS AND DIVISIONS. Headings and divisions are for convenience
only and shall not be considered in the interpretation of this Ordinance and
shall not in any way affect the conduct or activities covered by other sections
of this Ordinance. (Moved from prior Section 114)
SECTION 1032. DEFINITIONS. Unless the context otherwise requires, the following
definitions shall govern the construction and interpretation of these
regulations.
SECTION 1043. DISTRICT, DISTRICT LANDS DEFINED. “District” means MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT. The term “District Lands” includes all
lands, interests in lands, structures, improvements, and waters owned,
controlled, leased, licensed or managed by MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT.
SECTION 1054. PERSON DEFINED. “Person” means any individual, firm, corporation,
club, municipality, district, or public agency, and all associations or
combinations of persons whenever acting for themselves or by any agent,
servant, or employee.
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SECTION 1065. JUVENILE DEFINED. A juvenile is defined as any person under the age of
18 years.
SECTION 1076. SADDLE OR PACK ANIMAL DEFINED. A saddle or pack animal is
defined as any horse, pony, mule, donkey, other member of the equine family,
alpaca or llama whether used for riding or packing or neither. It does not
include any other animal that may be used for saddle or packing purposes.
SECTION 1087. DESIGNATED TRAIL DEFINED. A “Designated Trail,” is a trail
maintained by the District which is shown on the District’s official preserve
maps or is identified as a designated trail in the District’s Use and
Management Plan for the preserve. The area of the trail is defined as the
graded trail surface. It does not include the uphill embankment, downhill
embankment, or any area or corridor adjacent to the trail surface.
SECTION 1098. DESIGNATED AREA DEFINED. A “Designated Area,” is any area location
or trail on District lands where this Ordinance or a District rule, regulation,
sign, or permit either specifically designated for allows a specific use or
activity or prohibits or restricts a specific use or activity.where a specific use
or activity is prohibited or restricted by a District rule, regulation, Ordinance,
sign, notice or permit.
SECTION 1109. WATER AREAS OF THE DISTRICT DEFINED. “Water Areas of the
District,” are defined as all water areas on District Lands, including, but not
limited to, natural and artificial swimming pools, reservoirs, ponds, lakes,
creeks, streams, bays, tidal areas, flood control channels, and other structures
designed or able to hold water.
SECTION 111. WATER-CONTACT ACTIVITY DEFINED. “Water-contact activity” is
defined as any activity in which the body of a person comes into physical
contact with water areas by swimming, washing, wading, paddle boarding, or
similar activity. (Revised and moved from Section 401.2)
SECTION 1120. PERMIT OR PERMISSION DEFINED. Unless otherwise expressly provided
herein, “permit” or “permission” means permission, granted in writing by the
General Manager or his/her designee or an authorized representative of
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT.
SECTION 113. POSTED DEFINED. Posted is defined as a sign displayed in a conspicuous
place at the primary entrance to District Lands or other location on District
Lands and giving notice of a rule, regulation, or special condition. (ADD)
SECTION 1141. CLIMBING DEFINED. Climbing is defined as suspending oneself by hands
and or feet or with a rope or other support, such that one could not stand up
unsupported on his/her feet or progress up or down without the use of their
hands or other support without jumping or falling.
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SECTION 1152. DISTRICT EMPLOYEE DEFINED. A “District Employee,” is any full or
part time paid employee of Midpeninsula Regional Open Space District. This
definition does not include volunteers.
SECTION 1163. BOARD DEFINED. “Board” means the Board of Directors of
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT.
SECTION 114. HEADINGS AND DIVISIONS. Headings and divisions are for convenience
only, and shall not be considered in the interpretation of this Ordinance, and
shall not in any way affect the conduct or activities covered by other sections
of this Ordinance. (Moved to section 102)
SECTION 1175. PUBLIC VIEW DEFINED. “Public View” is defined as a location which can
be seen from a road, trail, staging area, parking lot, campground or picnic area,
or other District structure or facility.
SECTION 118. SMOKING DEFINED. “Smoking” means inhaling, exhaling, burning or
carrying any lighted pipe, cigar, cigarette, weed, plant, or other combustible
organic or chemical substance, the smoke from which is specifically designed
or intended to be inhaled or drawn into the nose or mouth. In addition
“smoking” for the purpose of this Ordinance includes the use of any vapor
device, of any product name or descriptor, which releases gases, particles, or
vapors into the air as a result of combustion, electrical ignition, or vaporization
intended to be drawn into the nose or mouth (excluding any United States Food
and Drug Administration approved nebulized medication). (*ADD)
SECTION 119. LIVESTOCK DEFINED. “Livestock” are horses, cattle, sheep, pigs, or other
animals kept or raised for profit, agricultural, or educational purposes.
(*ADD)
SECTION 120. PERMIT DEFINED. A permit is an entitlement for use issued by the General
Manager or the General Manager’s designee, including written letters of
authorization.
SECTION 121. Organized Group Special Events and Activities Defined.
An Organized Group Special Event or Activity is any event or activity which
A permit is required in order to hold, conduct, organize, or take part in any of
the following:
is advertised or noticed in any publication, poster, electronic posting, social
media, or flyer Any use or activity for which a permit is specifically required
by this Ordinance or a District rule, or regulation; or
requests or requires a fee be paid for participation Any use or activity that
would restrict the use of any part of District Lands by members of the public;
or
may be attended by twenty (20) or more people. Any use or activity by an
organized group of twenty or more people; or
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a)Any use or activity that charges a fee for admission or participation.
CHAPTER II.
REGULATIONS
SECTION 200. GENERAL REGULATIONS. District Lands shall be open and accessible to
all persons, except as otherwise provided by resolution, regulation, or rule of
the Board, by administrative action of the General Manager or his/her the
General Manager’s designee under this Ordinance, or by individual Site Use
and Management Plans adopted by the Board.
200.1 The Board may, by resolution, regulation, or rule, provide for a system of
permits and the issuance thereof. It may by such system require permits for
the use of certain lands, exempt certain lands or classifications of permits there
from, and establish a system of fees and other policies in connection with the
administration of a permit system.
200.2 Any person entering upon District Lands shall abide by the rules and
regulations of the District, the regulations or provisions of any sign or posted
notice, the terms and conditions of any permit, the lawful order or other
instruction of any District ranger appointed by the Board or any peace officer,
the laws of the State of California, any Federal law, and all applicable county
and other local ordinances.
200.3 The provisions of this Ordinance shall not apply to employees and officials of
the District acting within the scope of their authorized duties. However,
District employees and officials shall abide by the laws of the State of
California, any Federal law and all applicable county, city and other local
ordinances.
200.4 All District lessees, contractors, consultants, agents and representatives shall
abide by all provisions of this Ordinance unless the provision(s) conflicts with
a written contract or agreement with the District. When a conflict occurs, the
conditions of the written contract or agreement shall take precedence.
However, lessees, contractors, and consultants shall abide by the laws of the
State of California, any Federal law, and all applicable county, city and other
local ordinances.
200.5 Failure to comply with a permit. No person issued a permit shall violate the
terms or conditions of the permit.
200.5 The District may deny a request for a permit when the General Manager or
his/her the General Manager’s designee finds that the requested Special Event
or Activity or similar event will disrupt or unreasonably interfere with the
normal use, operation, enjoyment or management of the site or facility, or have
an adverse impact on the ecological or historical characteristics of any District
Lands. The General Manager or the General Manager’s designee may revoke
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permits at their discretion and without reimbursement if they determine that
any provision of the permit has been violated. (Moved from section 408.4)
SECTION 201. SPECIAL REGULATIONS. Special regulations or requirements do not
preclude the application of general regulations unless expressly indicated.
CHAPTER III.
GENERAL RULES
SECTION 300. AUTHORITY. All sections of this Ordinance are adopted pursuant to
Sections 5541, 5558, and 5559 of the Public Resources Code of the State of
California and apply to all District Lands. A title, where used, does not limit
the language of a section.
SECTION 301. VIOLATIONS OF ORDINANCE, A MISDEMEANOR, OR INFRACTION.
Unless otherwise stated, any violation of this Ordinance or of any rule or
regulation adopted by the District is punishable as an infraction.
When any violation of this Ordinance or of any rule or regulation adopted
by the District is punishable as a misdemeanor, the prosecutor may file a
complaint or make a motion to amend an accusatory pleading specifying that
the offense is an infraction.
When any violation of this Ordinance or of any rule or regulation adopted
by the District is punishable as an infraction, the prosecutor may file a
complaint or make a motion to amend an accusatory pleading specifying that
the offense is a misdemeanor.
Whenever in this Ordinance any act or omission is made unlawful it shall
include causing, allowing, permitting, aiding, abetting, suffering, or concealing
the fact of such act or omission.
SECTION 302. SEVERABILITY. If any chapter, section, subsection, paragraph,
subparagraph, sentence, or clause of this Ordinance is, for any reason, held to
be invalid or unconstitutional, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of the remaining portions of this
Ordinance. The Board of Directors declares that this Ordinance, and each
chapter, section, subsection, paragraph, sentence, and clause thereof, would
have been adopted regardless of such possible finding of invalidity or
unconstitutionality and, to that end, the provisions of this Ordinance are hereby
declared to be severable.
SECTION 303. AMENDMENT OR REPEAL. When a section, rule, or regulation is amended
or repealed, acts and commissions occurring before the amendment or repeal
may be prosecuted as though such section, rule, or regulation had not been
amended or repealed.
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SECTION 304. CITATIONS FOR MISDEMEANORS. If any person is arrested for a
violation of an ordinance, and such person is not immediately taken before a
magistrate, the arresting officer shall prepare in duplicate a written notice to
appear in court, containing the name and address of such person, the offense
charged, and the time and place where and when such person shall appear in
court.
a) The time specified in the notice to appear must be at least five days after such
arrest.
b) The place specified in the notice to appear shall be the court of the magistrate
before whom the person would be taken if the requirement of taking an
arrested person before a magistrate were complied with, or shall be an officer
authorized by such court to receive a deposit of bail.
c) The officer shall deliver one copy of the notice to appear to the arrested
person, and the arrested person in order to secure release must give his/her
written promise so to appear in court by signing the duplicate notice which
shall be retained by the officer. Thereupon the arresting officer shall
forthwith release the person arrested from custody.
d) The officer shall, as soon as practicable thereafter, file the duplicate notice
with the magistrate specified therein. Thereupon the magistrate shall fix the
amount of bail which in his/her judgment, in accordance with the provisions
of Section 1275 of the Penal Code, will be reasonable and sufficient for the
appearance of the defendant and shall indorse upon the notice a statement
signed by him in the form set forth in Section 815a of the Penal Code. The
defendant may, prior to the date upon which he/she promised to appear in
court, deposit with the magistrate the amount of bail thus set. Thereafter, at
the time when the case is called for arraignment before the magistrate, if the
defendant shall not appear, either in person or by counsel, the magistrate may
declare the bail forfeited, and may in his/her discretion order that no further
proceedings shall be had in such case. Upon the making of such order that
no further proceedings be had, all sums deposited as bail shall forthwith be
paid into the county treasury for distribution pursuant to Section 1463 of the
Penal Code.
e) No warrant shall issue on such charge for the arrest of a person who has
given such written promise to appear in court, unless and until he/she has
violated such promise or has failed to deposit bail, to appear for arraignment,
trial or judgment, or to comply with the terms and provisions of the
judgment, as required by law.
SECTION 3045. WILLFULLY VIOLATING WRITTEN PROMISE TO APPEAR. Any
person who willfully violates his/her or her a written promise to appear or a
lawfully granted continuance of his/her a promise to appear in court is guilty
of a misdemeanor, regardless of the disposition of the charge upon which
he/she was originally arrested.
SECTION 306. ARREST WARRANT FOLLOWING FAILURE TO APPEAR. When a
person signs a written promise to appear at the time and place specified in the
written promise to appear and has not posted bail as provided in Section
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5560.5 of the Public Resources Code, the magistrate shall issue and have
delivered for execution a warrant for his/her arrest within 20 days after his/her
failure to appear as promised, or if such person promises to appear before an
officer authorized to accept bail other than a magistrate and fails to do so on
or before the date which he/she promised to appear, then, within 20 days after
the delivery of such written promise to appear by the officer to a magistrate
having jurisdiction over the offense. When such person violates his/her
promise to appear before an officer authorized to receive bail other than a
magistrate, the officer shall immediately deliver to the magistrate having
jurisdiction over the offense charged the written promise to appear and the
complaint, if any, filed by the arresting officer.
CHAPTER IV.
PRESERVE USES – GENERAL
SECTION 400. CAMPING.
400.1 General. No person shall erect or use a tent or shelter of any kind, arrange
bedding, or prepare food in such a way that will enable a person to remain
after official closing hours on District Lands, except by written permit in
Designated Areas. Any person receiving a written permit to camp in a
designated area shall abide by the terms and conditions of the permit.
400.2 Juvenile. No juvenile shall camp on any District Lands, except by written
permit and when:
accompanied by a parent or guardian; or as part of a group supervised by at
least one adult responsible for each ten or fewer juveniles; or when the
juvenile is an emancipated minor.
a) accompanied by a parent or guardian; or
b) part of a group supervised by at least one adult responsible for each ten or
fewer juveniles; or
c) the juvenile is an emancipated minor.
SECTION 401. SWIMMING.
401.1 General. No person shall swim, wade, or engage in any water-contact activity
in any Water Areas of the District except in Designated Areas.
401.2 Definition. “Water-contact activity” is defined as any activity in which the
body of a person comes into physical contact with water areas by swimming,
washing, wading, aqua-planing, paddle boarding, skin diving, water skiing or
similar activity. It does not include boating, fishing, or when using a
Designated Trail. Moved to definitions
SECTION 402. BOATING.
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402.1 General. No person shall place, or attempt to place, a boat, kayak, rubber raft,
or other vessel of any description in the Water Areas of the District, except as
expressly allowed by permit or rule or regulation of the District.
SECTION 403. FIREARMS, TRAPS, WEAPONS, AND DANGEROUS DEVICES.
403.1 General.
a) No person shall carry, possess, use, set, leave or deposit, fire or discharge,
or cause to be fired or discharged, across, in, on, or into any portion of
District Lands any gun or firearm, spear, missile, bow and arrow, cross
bow, sling shot, trap, snare or hunting device, ammunition, throwing knife,
hatchet, axe, sword, machete, martial arts throwing device, any device
capable of firing or launching a projectile, or any other weapon or device
not otherwise specified, capable of injuring or killing any person or animal.
Violation of this sub-section is punishable as a misdemeanor.
b) No person shall carry, possess, set, leave or deposit, fire or discharge, or
cause to be fired or discharged, across, in, on, or into any portion of
District Lands any paint ball gun, BB gun, air gun or similar device.
403.2 Exceptions. This section shall not apply to:
a) the possession of otherwise lawful unloaded firearms or dangerous
weapons on public roads solely for the purpose of transporting such
firearms or dangerous weapons through District Lands for lawful purposes;
b) the possession of otherwise lawful firearms or other dangerous weapons at
a place of residence or business located on District Lands by a person in
lawful possession of the residence or business;
c) the possession and use of such firearms or weapons granted by written
permit for resource management or educational purposes;.or
c)d) the lawful possession of any firearm or ammunition by a peace officer
authorized by their agency to carry a firearm or honorably retired peace
officer authorized by their agency to carry a firearm.
SECTION 404. FIRES.
404.1 General. No person shall light, build, maintain, cause, or attempt to light,
build, or maintain, or cause a fire of any nature on District Lands, except in
permanent fixed barbecues, camp stoves or fireplaces established and
authorized by the District. A fire shall include, but not be limited to any
campfire, ground fire, warming fire, signal fire, charcoal fire, stove, gas
lantern, punk, candle, smudge stick, flare, fusee, or any other incendiary
device. This shall not apply to the permitted use of gas camp stoves or gas
lanterns when used in Designated Area specified for camping. Violation of this
sub-section is punishable as a misdemeanor.
404.2 Smoking. No person shall smoke on District Lands, except in Designated
Areas.
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SECTION 405. SANITATION.
405.1 Disposal of Effluent. No person shall deposit waste waterwastewater, sewage
or effluent from vehicles, trailers, sinks, portable toilets, or other fixtures upon
or into the ground or water. Violation of this sub-section is punishable as a
misdemeanor.
405.2 Use of Facilities. No person shall deposit any waste in or on any portion of
any restroom or other structure except into fixtures provided for that purpose.
405.3 Protection of Facilities. No person shall place any bottle, can, cloth, rag,
metal, wood, paper, stone, or other substances in any fixture toilet or sink in
such a manner as would interfere with the normal operation of such toilet or
sinkfixture.
405.4 Defecation. No person shall defecate in Public View or within twenty-five
(25) feet of a Designated Trail.
405.5 Urination. No person shall urinate in Public View.
SECTION 406. METAL DETECTORS.
406.1 General. No person shall possess or use a metal detector, magnet, or similar
device on District Lands, except as provided in subsection 702.5.
SECTION 407. DISTURBING THE PEACE.
407.1 Obstructing Free Passage. No person shall by force, threat, intimidation, or by
any unlawful signing, fencing or enclosing, or any other unlawful means,
prevent or obstruct any person from peacefully entering any District Lands, or
prevent or obstruct free passage or transit over or through any District Lands.
Violation of this sub-section is punishable as a misdemeanor.
407.2 Interference With Use of District Lands. No person shall engage in behavior
that unreasonably interferes with others in the normal, free and safe use of
District Lands. Violation of this sub-section is punishable as a misdemeanor.
407.3 Noise. No person shall play or operate any sound amplification devices,
including radios, television sets, public address systems, musical instruments,
or similar devices in such a way as to be audible beyond 100 feet of such
device or musical instrument, or in such a manner as to disturb the quiet of
District Lands, without prior written permission. from the General Manager or
the General Manager’s designee.
407.4 Lawful Order. It is unlawful to willfully fail or refuse to comply with any
lawful order, signal, or direction of any District or other peace officer when
that peace officer is performing his/her duties under any of the provisions of
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this Ordinance, or other statute, code, Federal, State or local law, ordinance or
regulation which the District or other peace officer is authorized to enforce.
Violation of this sub-section is punishable as a misdemeanor.
407.5 Order to Vacate. Any person who has committed a public offense in a District
preserve or within the District’s boundaries on District Lands shall leave
District Llands upon request made by any pPeace oOfficer. No person who
has left such lands after such a request may reenter any District Llands prior to
official sunrise opening on the following day. Violation of this sub-section is
punishable as a misdemeanor.
SECTION 408. ORGANIZED GROUP SPECIAL EVENTS AND PERMITTED
ACTIVITIES REQUIRING A PERMIT.
408.1 Organized Group Special Events and Activities Defined.
An Organized Group Special Event or Activity is any event or activity which:
b) is advertised or noticed in any publication, poster, electronic posting,
social media, or flyer; or
c) requests or requires a fee be paid for participation; or
may be attended by twenty (20) or more people.
408.12 PermitsViolations. No person shall hold, conduct, or organize, or take part in
any Special Event or Activity as defined in section 408.1 a use or activity on
District Lands without written permission. Violation of this sub-section is
punishable as an infraction. requiring a permit without previously having
obtained a permit. Violation of this sub-section is punishable as an infraction,
except that any unpermitted use or activity that causes direct physical harm to
District Lands, or which is attended by forty or more people, or which is
conducted after official hours is punishable as a misdemeanor.
a) Where such unpermitted Special Event or Activity causes direct physical
harm to District Lands, or which is attended by forty (40) or more people,
or which is conducted after official hours, then violation of this sub-section
is punishable as a misdemeanor.
408.2 Failure to comply with a permit. No person issued a permit shall violate the
terms or conditions of the permit. (*MOVED FROM 200).
408.3 Individual Participation. No person shall participate in any Activity or Special
Event on District Lands without written permission when the Activity or
Special Event requires a written permit pursuant to this Ordinance.
408.4 The District may deny a request for a permit when the General Manager or
his/her designee finds that the requested Special Event or Activity or similar
event will disrupt or unreasonably interfere with the normal use, operation,
enjoyment or management of the site or facility, or have an adverse impact on
the ecological or historical characteristics of any District Lands. Moved to
section 200.5
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SECTION 409. MISCELLANEOUS ACTIVITIES.
409.1 Fireworks. No person shall possess, depositplace, give, sell, discharge, set off,
or cause to be discharged, on or into any portion of District Lands any
firecrackers, missiles, rockets, fireworks, explosives, or explosive devices.
Violation of this sub-section is punishable as a misdemeanor.
409.2 Harmful Substances. No person shall possess, place, or apply any noxious or
toxic substance on District Lands harmful to any person, property, wildlife, or
vegetation. Violation of this sub-section is punishable as a misdemeanor.
409.3 Golf. No person shall drive, chip, or in any other manner play or practice golf,
or hit golf balls on, over, or into District Lands.
409.4 Model Craft. No person shall operate, or possess any self-propelled or remote
controlled drones, model airplanes, boats, automobiles, or other model craft of
any kind or description on, over, or into any portion of District Lands or Water
Areas of the District, except in Designated Areas, or by written permit. When
allowed, model craft shall be operated in compliance with posted or adopted
rules and regulations.
409.5 Human Flight. No person shall hang-glide, parachute, parasail or engage in
any human flight on, over, or into District Lands, except by written permit in
Designated Areas. Violation of this sub-section is punishable as a
misdemeanor.
409.6 Skating, Scooters, Skate BoardsSkateboards and Other Coasting, Sledding or
Sliding Devices. No person shall roller skate, in-line skate, grass skate, grass
ski, grass sled or operate a go cart, self propelledself-propelled or motorized
scooter, a self-propelled or motorized skate board, or similar device on District
Lands including off road versions of all the listed devices, except on trails or
locations specifically designated for such use.
409.7 Reckless or Negligent Activity. No person shall engage in any recreational
pursuit or activity, or operate any device that recklessly or negligently
endangers the safety of any: person, property, wildlife, natural features or
which interferes with visitor activities. Violation of this sub-section is
punishable as a misdemeanor.
409.8 Possession of a District Lock or Key. NoAny person shallwho possesses,
makes, duplicates, causes to be duplicated, or uses, or attempts to make,
duplicate, cause to be duplicated, or use, or has in theirhis possession any key
to a building or other area owned, operated, or controlled by the District
without authorization from the person in charge of such building or area or his
designated representative, is guilty of a misdemeanor.
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409.9 Segways and Electric Bicycles. No person shall possess or use a Segway,
electric powered bicycle, or similar device on District Lands including off road
versions of all the listed devices, except on trails or locations specifically
designated for such use.
SECTION 410. ALCOHOLIC BEVERAGES.
410.1 General. No person shall possess or consume alcoholic beverages except beer
and wine, and only as part of a picnic meal.
410.2 Designated Area. No person shall possess or consume alcoholic beverages in
an area that has been declared by the General Manager or the General
Manager’shis/her designee or an authorized representative to be an area where
alcohol use is prohibited.
SECTION 411. SIGNS.
411.1 Defacement. No person shall remove, deface, change, mark, or otherwise
alter any sign duly erected or posted on District Lands. Violation of this sub-
section is punishable as a misdemeanor.
411.2 Unauthorized Signs. No person shall post or fasten any notice, including but
not limited to, any bill, advertisement, directional or informational sign, or
inscription whatsoever on any tree, fence, building, monument, sign, bulletin
board, utility pole, lighting fixture, or other property on District Lands, without
written permission.
411.3 Obeying Signs. No person shall fail to obey the directions of a posted
regulatory sign.
SECTION 412. NUDITY. No person shall expose any part of the pubic or anal region or
genitalia while on District Lands in Public View.
CHAPTER V.
PRESERVE USES - RIDING/HIKING TRAILS
SECTION 500. RIDING / HIKING TRAILS.
500.1 Trail Use Speed Limit. All users of District Lands shall comply with all
established trail use speed limits. The maximum speed for all trail uses is 15
miles per hour, unless otherwise posted. Bicyclists and equestrians are
required to slow to 5 miles per hour when passing others or approaching blind
turns.
500.2 One-way Trails. No person shall hike, run, or operate a bicycle or unicycle or
similar device, or ride or lead a saddle horse, pony, mule, or other such animal
on a one-way trail except in thea direction ofr travel designated or signed to
prohibit such use.
500.3 Gates. Any person opening a gate shall close the gate.
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500.4 Dangerous Trail Use. No person shall run or jog in such a way as to endanger
hikers, equestrians, bicyclists or others using District Lands.
SECTION 501. SADDLE ANIMALS.
501.1 Closed Areas. No person shall ride, drive, or lead a Saddle or Pack Animal on
any trail, roadway or established firebreak designated or signed to restrict
horse use. Saddle or pack animals must stay on Designated Trails, roadways
which are Designated Areas for such use, and established firebreaks.
501.2 Unsafe Use. No person shall ride, drive, or lead any saddle or pack animal in
a reckless or negligent manner so as to endanger public property, or the life,
limb, or property of any person or animal, including the rider. No person shall
allow his/her saddle or pack animal to stand unattended or insecurely tied.
Violation of this sub-section is punishable as a misdemeanor.
501.3 Carts and Wagons. No person shall possess or operate a cart, wagon, or
similar device attached to any animal on District Lands without a written
permit.
SECTION 502. BICYCLES.
502.1 Closed AreasOperation of Bicycles. No person shall possess or operate a
bicycle, unicycle or similar device on District Lands except in parking areas
for the purpose of ingress or egress or on trails, or roadways designated by the
District for such use.
502.2 Closed Areas. No person shall possess a bicycle, unicycle or similar device on
trails, or roadways on District Lands unless designated by the District for such
use.
502.32 Unsafe Operation. No person shall operate a bicycle or unicycle or similar
device in a reckless or negligent manner so as to endanger public property, or
the life, limb, or property of any person or animal including the rider.
Violation of this sub-section is punishable as a misdemeanor.
502.4 Helmet Violations.
a) No person eighteen years or older shall operate a bicycle or unicycle or
similar device upon District Lands unless that person is wearing a properly
fitted and fastened bicycle helmet. Such bicycle helmets must meet the
standards of either the American Society for Testing and Materials
(ASTM) or the United States Consumer Product Safety Commission
(CPSC), or standards subsequently established by those entities.
b) Except in designated parking areas, no person shall possess a bicycle or
unicycle or similar device on District Lands without also possessing a
bicycle helmet. Such bicycle helmets must meet the standards of either the
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American Society for Testing and Materials (ASTM) or the United States
Consumer Product Safety Commission (CPSC), or standards subsequently
established by those entities
502.54 Walk-Only Zones. No person shall ride a bicycle or unicycle or similar device
on a section of trail designated or signed as a walk-only zone. Any person
may dismount and walk a bicycle through a walk-only zone.
502.65 Mechanical Operation. No person shall operate a bicycle, unicycle or similar
device on District Lands that does not have properly functioning brakes, drive
train, seat and steering.
502.76 Headsets and Earplugs. A person operating a bicycle, unicycle or similar
device on District lands may not wear a headset covering, or earplugs in, both
ears. This prohibition does not apply to any person using a prosthetic device
that aids the hard of hearing or any other medical device required to be worn
for medical purposes.
SECTION 503. CLIMBING
503.1 Climb Inin Designated Areas Only. No person shall climb or rappel on any
rocks, boulders, caves, cliffs, any other geologic formations, facilities,
structures, or trees on District Lands except in Designated Area.
503.2 Placing Anchors Prohibited. No person shall place any permanent anchors or
bolts in rock, soil, trees or other natural or manmade features on District Lands
in a designated climbing area unless specific prior written authorization has
been granted by the General Manager or the General Manager’s designee
District in advance. Violation of this sub-section is punishable as a
misdemeanor.
503.3 Possession of Tools. No person shall possess tools used for installing anchors,
bolts or clearing vegetation from geologic formations, including but not
limited to wire brushes, scrapers, drills, or rock hammers on District Lands.
except in a designated parking area, or with prior written permission
authorization by the General Manager or the General Manager’s designee.
SECTION 504. TRESPASS ON DISTRICT LANDS: Trespass on District Lands is unlawful
under Section 602 of the Penal Code. As defined in the Penal Code trespass
includes, but is not limited to, destruction of property and unauthorized entry
on to District Lands or private property No person shall trespass or otherwise
enter onto, over, or under District Lands in violation of this Ordinance or state
law without prior written authorization of the General Manager or the General
Manager’s designee. Violation of this section is punishable as a misdemeanor.
SECTION 505. OFF TRAIL USE. No person shall enter or remain in an area off of a
designated trail, when they are on District Lands in an area or preserve that has
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been designated or posted to prohibit off trail use. Violation of this section is
punishable as a misdemeanor. (Moved from section 805.6)
CHAPTER VI.
PRESERVE USES - COMMERCIAL/REVENUE
SECTION 600. COMMERCIAL SOLICITING.
600.1 General. No person shall solicit, sell, hawk, or attempt to solicit, sell, or hawk,
or otherwise peddle any goods, wares, merchandise, liquids, edibles for human
consumption, or distribute commercial circulars, pamphlets, or flyers on
District Lands except by written permission prior written authorization of the
General Manager or the General Manager’s designee. Violation of this sub-
section is punishable as a misdemeanor.
SECTION 601. GRAZING.
601.1 General. No person shall allow cattle, sheep, goats, or any animal to graze,
browse, or feed on District Lands except with written permissionby prior
written authorization of the General Manager or the General Manager’s
designee. Violation of this sub-section is punishable as a misdemeanor.
SECTION 602. HARVESTING AND PLANTING.
602.1 General. No person shall plant, cultivate, harvest, or attempt to plant,
cultivate, or harvest any plant or agricultural crop on District Lands except
with written permission prior written authorization of the General Manager or
the General Manager’s designee. Violation of this sub-section is punishable as
a misdemeanor.
602.2 Possession of Tools. No person shall possess equipment, tools or supplies for
the cultivation or removal of plant life including, but not limited to shovels,
rakes, hoes, garden hoses, irrigation equipment, fertilizer, herbicides,
insecticides, or wheelbarrows on District Lands except in a designated parking
area, or with prior written authorization of the General Manager or the General
Manager’s designeewritten permission.
SECTION 603. COMMERCIAL FILMING.
603.1 General. No person shall conduct a filming operation involving the use of film
equipment, lighting, props, or other similar materials, except for a single still,
motion picture, video, digital or other camera, for commercial purposes on
District Lands except pursuant to a permit authorizing such activity. This
section shall not apply to the commercial operation of cameras as part of the
bona fide reporting of news. Violation of this sub-section is punishable as a
misdemeanor.
SECTION 604. COMMERCIAL USES.
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No person shall engage in commercial activities on District lands, without
prior written authorization of the General Manager or the General Manager’s
designee. prior written permission from the District.
CHAPTER VII.
PRESERVE FEATURES - PROTECTION
SECTION 700. HUNTING, FISHING, COLLECTING AND FEEDING.
700.1 Hunting/Harassing. No person shall possess, hunt, pursue, molest, disturb,
injure, trap, snare, take, net, poison, introduce, release or harm or attempt to
hunt, pursue, molest, disturb, injure, trap, take, net, poison, introduce, release
or harm any mammal or bird, or any other wild or domesticated animal living
or dead. This section shall include taking of any part of the mammal or bird.
Violation of this sub-section is punishable as a misdemeanor.
700.2 Fishing. No person shall possess, take, fish for, net, molest, disturb, injure,
poison, collect, introduce, release or harm any or attempt to take, fish for, net,
molest, disturb, injure, poison, collect introduce, release or harm any fish,
living or dead, except by written permit in any District Water Area except in
areas declared by the District to be permitted fishing areas, where state laws
regulate the taking of game fish and only in compliance with applicable State
laws..
700.3 Carry or Possess Fishing Equipment. No Except as specifically authorized
pursuant to sub-section 700.2, no person shall carry, possess, set, leave or
deposit any fishing equipment or similar devices in, on, or into any portion of
District Lands or District managed body of water.
700.4 Collecting Reptiles, Amphibians or Mollusks. No person shall possess, take,
fish for, net, molest, disturb, injure, poison, collect, introduce, release or
harm or attempt to take, fish for, net, molest, disturb, injure, poison, collect,
introduce, release or harm any reptiles, amphibians, or mollusks living or dead,
except by written permit.
700.5 Collecting InvertebratesInsects. No person possess, shall take, net, collect,
introduce, release, poison or attempt to take, net, poison, collect, introduce, or
release any invertebratesinsects or arthropods, living or dead, except by written
permit.
700.6 Feeding. No person shall feed any animal on District Lands or deposit any
food, salt or edible material on any District Lands for that purpose without
written permission except with prior written authorization of the General
Manager or the General Manager’s designee.
700.7 Collection of Animal, Bird, or Reptile Parts. Except by written permit, no
person shall take, collect, possess any animal, bird, or reptile body parts
including, but not limited to: antlers, skulls, fur, bones, skin, or feathers.
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SECTION 701. ANIMALS.
701.1 Dogs.
a) No person shall have more than three dogs per person within areas where
dogs are allowed on District Lands.
b) No person shall allow or have a dog on District Lands except in those areas
designated by the District. This subsection shall not apply to: service
animals under physical control, specifically trained to assist persons with
disabilities; or service animals in training to assist persons with disabilities,
and are under physical control, and participating in a training program; or
with prior written authorization of the General Manager or the General
Manager’s designee
1) guide and service dogs under physical control, specifically trained to
assist the blind, deaf, or disabled;
2) guide and service dogs in training to assist the blind, deaf, or disabled,
and under physical control, and participating in a training program,.
3) use authorized by written permit.
c) Leash Required. No person shall allow or have a dog on District Lands,
unless the dog is at all times under control, and on a leash not to exceed 6
feet, or on a self-retracting leash with a maximum extended length of 25
feet. The leash must be held by person responsible for the dog and must be
made of material and construction sufficient to restrain the dog. Electronic
or other “invisible leashes” do not meet the leash requirement. The self-
retracting leash must have the capability of being retracted and locked in a
position not to exceed 6 feet. Within a designated area, no person shall
have or allow a dog on a lead greater than 6 feet when:
d) Lead Length Restrictions. Within a designated area, no person shall have
or allow a dog on a lead greater than 6 feet when: within 100 feet of any
parking area, trailhead, picnic area, campground, horse stable, public
roadway, restroom, visitor center, ranger station, or other place or structure
of public assembly, within 50 feet of any person that is not the person or
persons who entered District lands with the dog, or within 50 feet of any
District Water Area, or when the dog is not visible to the owner.
1) Within 100 feet of any parking area, trailhead, picnic area,
campground, horse stable, public roadway, restroom, visitor center,
ranger station, or other place or structure of public assembly;
2) Within 50 feet of any person that is not the person or persons who
entered District lands with the dog; or
3) Within 50 feet of any District Water Area.
4) When the dog is not visible to the owner.
ed) Off-Leash Areas. Dogs shall be permitted off leash only in areas
specifically designated and signed by the District as off-leash areas. No
person shall allow or have a dog in an off-leash area unless the dog is at all
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times under the verbal or radio collar control, and in sight of, its owner or
person responsible for the dog. The owner or person responsible for the
dog shall have a leash in his/her possession at all times.
f)e) Nuisance Dogs. No person shall possess, allow or maintainhave on District
Lands a dog that is a nuisance to people, other animals, or property. This
includes, but is not limited to: growling, excessive barking, scratching,
jumping on any person or animal, or challenging in any manner, people,
animals, or property.
f)g)Dogs in Water Areas. No person responsible for a dog shall allow said dog
to enter any District Water Area unless it is specifically designated to allowed
such entry by prior written authorization of the General Manager or the
General Manager’s designee.
h)Dangerous Dog. No person shall possess, allow or maintainhave on District
Lands a dog that exhibits dangerous behavior including, but is not limited to:
attacking, biting or causing injury to any person or animal. Violation of this
sub-section is a misdemeanor.
701.2 Disturbance or Injury to Wildlife. No person shall allow a dog, cat, or other
domesticated animal, even if whether or not leashed, to disturb, chase, molest,
injure, or take any kind of wildlife, whether living or dead, or remove, destroy,
or in any manner disturb the natural habitat of any animal on District Lands.
Violation of this sub-section is punishable as a misdemeanor.
701.3 Horses and Livestock. No person shall keep, raise, maintain, or allow cattle,
horses, sheep, or other livestock on District Lands, unless pursuant to a lease,
license, written permit, or other written entitlement of use granted by the
District. Violation of this sub-section is punishable as a misdemeanor.
701.4 Other Pets. No person shall allow or have any pet, domesticated animal, or
other animal on District Lands, unless specifically permitted by another
section of these regulationsexcept with prior written authorization of the
General Manager or the General Manager’s designee or as otherwise provided
by this Ordinance.
701.5 Removal of Dog Excrement. No person responsible for a dog shall allow its
excrement or feces to remain on District lands except in a designated
receptacle.
701.6 Abandoned Animals. No person shall leave, abandon or release a dog, cat,
fish, fowl, or any other living creature, wild or domestic, on District Lands
without written permissionexcept with prior written authorization of the
General Manager or the General Manager’s designee.
701.7 Depositing of Animal Remains. No person shall bury, leave, scatter or
otherwise deposit animal remains on District lands, except for cremated animal
remains as specified in Section 807.
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701.8 Interference with Livestock. No person shall in any manner damage, destroy,
leave open, or otherwise alter the pens, corrals, or pastures that contain
livestock or release livestock from their pens, corrals, or pastures. (*ADD)
SECTION 702. NATURAL AND CULTURAL RESOURCES.
702.1 Plants. No person shall possess, damage, injure, take, place, plant, collect, or
remove any plant, fungi, tree, or portion thereof, whether living or dead,
including, but not limited to flowers, lichens, mosses, mushrooms, bushes,
trees, tree limbs, tree branches, vines, grass, cones, seeds, leaves and
deadwood located on District Lands.
702.2 Possession of Gathered Wood Prohibited. No person shall transport or possess
a tree or unmilled wood on District Lands without satisfactory evidence of
lawful acquisition, such as a sales receipt or written authorization from the
owner of the land from which the tree or wood was acquired.
702.3 Geological Features. No person shall possess, damage, injure, take, collect,
remove, or attempt to damage, injure, take, collect, any earth, rocks, sand,
gravel, fossils, minerals, features of caves, or any object or artifact of
geological or paleontological, interest located on District Lands. Violation of
this sub-section is punishable as a misdemeanor.
702.4 Archeological Features. No person shall possess, damage, injure, take, collect,
remove, or attempt to damage, injure, take collect, or remove any object of,
archeological, or historical interest located on District Lands. Violation of this
sub-section is punishable as a misdemeanor.
702.5 Special Permission. SpecialNot withstanding sub-sections 702.3, 702.4, and
702.6, special written permission prior written authorization of the General
Manager or the General Manager’s designee may be granted to remove, treat,
disturb, or otherwise affect plants, animals, or geological, historical,
archeological, or paleontological materials solely for research, interpretive,
educational, or operational purposes.
702.6 Destruction of Habitat. No person shall remove, destroy, or in any manner
disturb the natural habitat of any animal, bird, or reptile including, but not
limited to: mammal, bird, fish, mollusk, reptile, amphibian, except by written
permit.
702.7 Unpermitted Diversion of Water. No person shall divert or take water from
any surface water, ground water, or water storage facility on District Lands
without the express written permission of the District.
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SECTION 703. UNLAWFUL DEFACEMENT, CONSTRUCTION AND MAINTENANCE.
703.1 Unlawful Defacement. No person shall cut, carve, deface, write, paint, mark,
or alter any natural or biological feature, or any fence, wall, building, sign,
bench, table, monument, or other property on District Lands. Violation of this
sub-section is punishable as a misdemeanor.
703.2 Unlawful Construction. No person shall encroach upon, erect, construct,
install, or place or attempt to encroach upon, erect, construct, install, or place
any structure, building, shed, fence, trail, road, culvert, drainage structure,
bridge, jump, ramp, barricade, trench, barrier, fortification or wall, equipment,
material, sign, banner, or apparatus of any type or for any purpose constructed
of native or imported materials on, below, over, or across a preserve except by
written permission, specifying in detail the work to be done and the conditions
to be fulfilled pursuant to the terms of such authorization. Flagging,
surveying, and marking conducted for the purpose of constructing or installing
such features, shall be considered an attempt to erect, construct, install or place
such features, and is prohibited. Violation of this sub-section is punishable as
a misdemeanor.
703.3 Unlawful Maintenance. No person shall perform, or cause any mowing,
trimming, cutting, grooming, spraying, grading, or moving of any soils on
District Lands or perform any such grounds maintenance for any purpose
except by written permission. Violation of this sub-section is punishable as a
misdemeanor.
703.4 Possession oOf Construction oOr Maintenance Tools aAnd Supplies. No
person shall possess any tools used for construction or maintenance on District
Lands, including but not limited to shovels, McCleods, Pulaskis, mattocks,
rakes, saws, axes, chainsaws, wood, hammers, nails, drills, saws, or similar
equipment or supplies for the purpose of unlawful construction, maintenance
or encroachment on District Lands except in a designated parking area, or with
written permission.
703.5 Surveillance Systems. Installation or maintenance of surveillance systems on
District lands, including wildlife cameras, or other similar encroachments is
prohibited except where authorized by permit.
703.6 Scientific Equipment. No person shall move, remove, disturb, alter, deface,
paint, or otherwise effect any scientific research materials or equipment placed
or installed in the field including but not limited to trail cameras, traffic
counters, reptile boards, traps, or any other materials for research or
operational purposes. *ADD
CHAPTER VIII.
DISTRICT LANDS OPERATIONS - GENERAL
SECTION 800. RESERVED FOR FUTURE USE
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SECTION 801. PARKING.
801.1 Restrictions. No person shall park a motor vehicle, except an authorized
emergency vehicle, or when in compliance with the directions of a peace
officer, ranger, or authorized District employee, in any of the following places:
a) In areas where prohibited by “NO PARKING,” or other posted signs;
b) On or obstructing any fire road or fire lane;
c) On or obstructing any trail;
d) In such a place or manner as would block or obstruct any gate, entrance,
or exit;
e) In such a place or manner as to take up more than one marked parking
space in any authorized parking area;
f) In such a place or manner as to block or obstruct the free flow of traffic or
to obstruct the ability to remove a parked vehicle;
g) Within 15 feet of a fire hydrant;
h) Adjacent to any curb painted red;
i) On any District Lands after Official Hours as defined in Section 805.3
except pursuant to a written permit;
j) In areas signed for permit parking on District Lands without a written
permit;
k) In any space designated for disabled parking in an unpaved parking lot,
except when displaying a disabled placard as defined in California Vehicle
Code.
l) In any other place on District Lands not designated by the District as an
authorized area.
SECTION 802. OPERATION OF MOTORIZED VEHICLES: OFF-ROAD VEHICLES
802.1 General. NoExcept as otherwise provided, no person shall operate, propel, or
leave standing a motorized vehicle on District Lands. Motor vehicle includes,
but is not limited to, motorcycles, all-terrain vehicles, off-road vehicles,
mopeds, “dirt-bikes,” gas powered bicycles, and similar vehicles. Violation of
this sub-section is punishable as a misdemeanor.
802.2 Exceptions. This section shall not apply to:
a) emergency vehicles operated within the scope of official use;
b) roads, trails, or paths, which may from time to time be set aside and posted
by the District for the use of specifically designated vehicles;
c) roads and parking areas open to the public for motor vehicle use during
regular open hours.
SECTION 803. SPEED LIMITS.
803.1 General. No person shall drive or operate a vehicle, motor vehicle, or bicycle
on District Lands at a speed greater than the posted speed limit, or as otherwise
specified in any District Ordinance, rule or regulation. No person shall drive or
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operate a vehicle or motor vehicle, ride a horse, or ride a bicycle at a speed
greater than reasonable given weather, visibility, traffic, presence of other
users, surface and width of the trail or road, or which may damage natural or
cultural resources or wildlife.
803.2 Reckless Driving. No person shall drive or operate any vehicle, motor vehicle,
bicycle upon District Lands in willful or wanton disregard for the safety of
persons, property, natural resources or wildlife. Such conduct shall constitute
reckless driving. Violation of this sub-section is punishable as a misdemeanor.
803.3 Unsafe Driving. No person shall drive in an unsafe manner. This includes,
but is not limited to: spinning of the vehicle, breaking traction and exhibition
of speed.
SECTION 804. ABANDONED VEHICLES.
804.1 72 Hours. No person shall permit a vehicle to be parked or left standing on
District Lands for 72 consecutive hours or more except in camping areas
pursuant to a valid permit.
804.2 Removal. Any vehicle parked or left standing in violation of this Section may
be removed as provided in the Vehicle Code of the State of California.
804.3 Abandonment. Whenever a District ranger has reasonable grounds to believe
that a vehicle has been abandoned on District Lands, the vehicle may be
removed as authorized by Vehicle Code Section 22669.
SECTION 805. PROHIBITED AREAS AND CLOSURES.
805.1 Authority for Closures. To ensure the safety and health of persons, to protect
natural resources, to provide for proper planning of District Lands, to avoid
interference with development, construction, and management, or to provide
for security, safeguarding, and preservation of District Lands, the Board of
Directors, General Manager or his/her the General Manager’s designee or an
authorized representative may declare an area, trail, road, or facility closed,
prohibited, or limited to further entry by the general public.
805.2 Types of Closures
a) Temporary or Regular Closures. Authorized District employees may
make temporary or regular closures of a portion of District Lands to the
general public for public safety, or to deal with an immediate or ongoing
management need. The closure declaration may include such reasonable
classes of persons place restrictions on who may enter, in the conduct of
authorized activities or official duties, as the General Manager or his/her
the gGeneral Manager’s designee or an authorized representative may
prescribe. No person shall, without written permission issued by the
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District, enter or remain in an area of District Lands or facility
designated as a Temporary or Regular Closure area.
a)b) Sensitive or Hazardous Area Closures. No person shall, without a
written permit issued by the District, enter or remain in an area of
District Lands or facility designated as a Sensitive or Hazardous Area,
and declared closed, prohibited, or limited by the General Manager or
his/herthe General Manager’s designee or an authorized agent. Sensitive
areas may include those with cultural, historical or biological
significance. Such designation may include, but is not limited to,
specified areas of land, trails, geologic or cultural features, facilities or
structures. Violation of this sub-section is punishable as a misdemeanor.
805.3 After Official Hours Use Prohibited. No person shall enter or remain on
District Lands before or after “Official Hours,” which are defined as the period
of one-half hour before sunrise to one-half hours after sunset after official
Sunset to one-half hour before official Sunrise the following day without a
written permit. The times for Sunrise and Sunset shall be determined by the
U.S. Naval Observatory’s official postings for Los Altos, California.
805.4 Bicycle Operation After Hours. No person shall possess or operate a bicycle,
unicycle, or similar device on District lands after Official Hours, except with
prior written authorization of the General Manager or the General Manager’s
designee.
805.5 Posting of Closures. An area shall be considered closed when notice is posted
at trailheads and gates officially designated and maintained by the District.
Moved to section 119
805.56 Failure to Vacate a Closed Area. No person shall fail or refuse to leave a
Closed Area, when notified of the closure by a Peace Officer. Violation of this
sub-section is punishable as a misdemeanor.
805.7 Off Trail Use. No person shall enter or remain in an area off of a designated
trail, when they are on District Lands in an area or preserve that has been
designated or signed to prohibit off trail use. Violation of this sub-section is
punishable as a misdemeanor. (Moved to section 505)
SECTION 806. USE FEES.
806.1 Nonpayment of Fees. No person shall use District Lands or facilities without
payment of any prescribed fee or charge. Any fee or charge established by the
Board for use of District Lands or facilities shall be paid in advance of such
use, unless later payment has been authorized by the General Manager or
his/herthe General Manager’s designee or an authorized representative.
SECTION 807. SCATTERING OF CREMATED REMAINS
ATTACHMENT 1
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807.1 Regulations for the Scattering of Cremated Remains. No person shall scatter
any cremated human or animal remains (cremains) without first having
obtained a written permit from the District., and shall abide by the permit
conditions which shall include, but not be limited to, the following conditions:
a) The scattering of cremains is prohibited: within 1,000 feet of any residence or dwelling,
within 500 feet of any creek, stream, or other body of water or within 50 feet of any road
or trail.
b) Cremains must be scattered, must not be left in a pile, and must not be readily visible to
the public.
c) No containers for the cremains, identification tags, vases, flower pots, or other associated
non-organic materials, or non-native plants, may be left at the site.
d) No memorial, plaque, or other site marker may be left at the site.
e) Any person scattering cremains on District lands shall possess and present a valid District
permit when scattering cremains.
f) The scattering of cremains for commercial purposes is prohibited.
SECTION 808. AIRCRAFT & HELICOPTER OPERATIONS.
808.1 Except in the case of emergency or for search and rescue, or fire fighting or
law enforcement operations no person shall land any aircraft including any
airplane, helicopter, hot air balloon or any contrivance used or designed for
flight in the air, excluding unpowered human flight as further authorized under
these regulations, on District Lands except by written permit. Violation of this
sub-section is punishable as a misdemeanor.
ATTACHMENT 1
ATTACHMENT 2
Midpeninsula Regional Open Space District
Summary of Proposed 2020 Revisions to the Ordinance for use of
Midpeninsula Regional Open Space District Lands
Page 1 of 6
This document summarizes the proposed 2020 revisions to the Ordinance (formerly Regulations) for use of
Midpeninsula Regional Open Space District Lands (District Ordinance). Each change proposed and/or made
to the District Ordinance is listed below, and includes a reference to the Section/Title of the District
Ordinance that the item pertains to, the type of change made and/or relevant feedback received from staff
and legal counsel, and an explanation of the action taken, including any revisions. Each ‘Type of Change’ is
categorized as follows:
General Clean-up Clean up non-substantive language, including the addition of one or
a few words to better clarify the intent of the regulation, to better
define the regulation, or to correct grammar and remove reference
to gender.
Addition New regulations or definitions added to address the current business
and operational practices of the District or to address current
unwanted behavior that has become known in the field.
Removal Section was removed as it was redundant to the California Penal
Code or other statute and not needed in the document.
Section Moved to/from another
Location
Sections were moved to more appropriate locations based on the
content.
Comport with law To address laws that have changed since the last review of this
document.
Minor Change in Content Section has a minor change, deletion, or addition to content to
address current use patterns and reduce confusion.
Legal Counsel Recommendation These changes were recommended by legal counsel to give the
District more options or to broaden scope and definitions in order to
facilitate enforcement of the Ordinance in the courts.
Section / Title Type of Change Summary of Change
Entire Document
The title of the document was
changed from Regulation to
Ordinance.
Legal Counsel
Recommendation
This change reinforces the District’s ability to pursue the option of
enacting an administrative enforcement program if the District
chooses to do so in the future, instead of having all violations go
through the courts.
Language change to include gender-
neutral language
General Clean-up “General Manager or his/her designee” was changed to “General
Manager or the General Manager’s designee” in several locations
throughout the document.
Chapter I. Definitions Type of Change Summary of Change
Sections 100-199
Section 100 Title Legal Counsel
Recommendation
Title of the document changed from Regulations to Ordinance.
Section 101 Purpose Legal Counsel
Recommendation
Title of the document changed from Regulations to Ordinance.
Section 102 Headings and Divisions Section Moved to/from
another Location
This section was moved from 114 to 102 to better group the
definitions.
Section 103 Definitions General Clean-up Renumbered
Section 104 District, District Lands
Defined
General Clean-up Renumbered
Section 105 Person Defined General Clean-up Renumbered
Section 106 Juvenile Defined General Clean-up Renumbered
Section 107 Saddle or Pack Animal
Defined
General Clean-up Renumbered
Section 108 Designated Trail Defined General Clean-up Renumbered
ATTACHMENT 2
Midpeninsula Regional Open Space District
Summary of Proposed 2020 Revisions to the Ordinance for use of
Midpeninsula Regional Open Space District Lands
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Section 109 Designated Area Defined General Clean-up Language included to both broaden and better define a designated
area within the District as it applies to these ordinances.
Section 110 Water Areas of the
District Defined
General Clean-up Renumbered
Section 111 Water-Contact Activity
Defined
Section Moved to/from
another Location
This definition was in the 400 section of the ordinance. It is moved
here where all the definitions are listed.
Section 112 Permit or Permission
Defined
General Clean-up Renumbered
Section 113 Posted Defined Addition The definition of ‘Posted” was added as it is referred to in several
ordinances.
Section 114 Climbing Defined General Clean-up Renumbered
Section 115 District Employee
Defined
General Clean-up Renumbered
Section 116 Board Defined General Clean-up Renumbered
Section 117 Public View Defined General Clean-up Renumbered
Section 118 Smoking Defined Addition We did not previously have a definition of smoking. The definition
of smoking has grown in the past few years and now, in California,
includes electronic vaporizing devices.
Section 119 Livestock Defined. Addition We did not previously have a definition of livestock and this will
support an ordinance we are adding that regards livestock.
Section 120 Permit Defined Addition We did not previously have a definition of a permit.
Section 121 Organized Group Special
Events and Activities Defined
Section Moved to/from
another Location / Minor
Change in Content
This section was moved from section 408 to the definitions section.
The stipulation of an advertised event was removed as many of
these result in less than 20 people, so it conflicted with the 20-
person requirement.
Chapter II. Regulations Type of Change Summary of Change
Sections 200-299
Section 200 General Regulations General Clean-up Gender-neutral language was added.
Section 200.5 Failure to Comply with
a Permit
Section Moved to/from
another Location
Section was moved to section 408.2
Section 200.5 Denying a Permit Section Moved to/from
another Location / Minor
Change in Content
This section was moved from 408.4 and includes gender-neutral
language along with added content to specify that permits can be
revoked without reimbursement, if the permit conditions are
violated.
Section 201 Special Regulations Removal Section was removed as it was redundant to the California Penal
Code or other state law and not needed in the Ordinance.
Chapter III. General
Rules Type of Change Summary of Change
Section 300-399
Section 301 Violations of Ordinance,
a Misdemeanor or Infraction
Legal Counsel
Recommendation
Additional language recommended by legal counsel to add further
methods of enforcing the Ordinance.
Section 304 Citations for
Misdemeanor
Removal This section is duplicative of existing state law.
Section 305 Willfully Violating
Written Promise to Appear
Removal This section is duplicative of existing state law.
Section 306 Arrest Warrant
Following Failure to Appear
Removal This section is duplicative of existing state law.
Chapter IV. Preserve Uses
- General Type of Change Summary of Change
Sections 400-499
Section 400.2 Camping - Juveniles General Clean-up This section was put in paragraph format instead of bulleted with
alphabetic designators. Alphabetic designators denote individual
offenses in ordinances, and this is a single offense. Language was
also added indicating a permit is required.
Section 401.2 Swimming definition Section Moved to/from
another Location
This is a definition and was moved to the definitions chapter under
section 111.
ATTACHMENT 2
Midpeninsula Regional Open Space District
Summary of Proposed 2020 Revisions to the Ordinance for use of
Midpeninsula Regional Open Space District Lands
Page 3 of 6
Sectrion403.2 Firearms - exceptions Legal Counsel
Recommendation
Legal counsel recommends we add a caveat to this section to
provide for legally possessed firearms to be allowed in the
preserves by peace officers and honorably retired peace officers
who are authorized to carry a firearm.
Section 404.1 Fires - General General Clean-up The word “cause” was added to the list of how a fire can start as
well as making this offense a misdemeanor due to the severity of
the offense.
Section 405.1 Disposal of Effluent General Clean-up A spelling/grammar mistake was corrected.
Section 405.3 Protection of Facilities General Clean-up The word “fixture” is replaced with “toilet or sink.”
Section 406.1 Metal Detectors -
General
General Clean-up The word “magnet” is added to address a new trend of metal
detection and collection.
Section 407.3 Noise General Clean-up Added the ability to exceed noise regulation by permission only.
Section 407.4 Lawful Order General Clean-up Removed the word “signal” in the list of lawful orders as it was too
ambiguous.
Section 407.5 Order to Vacate General Clean-up Corrected grammar and simplified wording. Also moved this to a
misdemeanor to fit with other like offenses.
Section 408.1 Organized Group
Permits
Section Moved to/from
another Location
This section is a definition and moved to the definitions section
under section 121.
Section 408.2 (previous) Failure to
comply with a permit
General Clean-up Renumbered to section 408.1 as the previous was moved. Also
combined the language of 408.2(a) into the body to make one
offense.
Section 408.2 Failure to comply with
a permit
Section Moved to/from
another Location
This section was moved from section 200.5 as this is a permit
violation offense and belongs with other permit violation offenses.
Section 408.4 Permits - Deny Section Moved to/from
another Location
This section was moved to section 200.5 as this is not an offense
but a regulation.
Section 409.1 - Fireworks General Clean-up The word “place” was substituted for “deposit” to make the
language easier to understand and the violation was moved to a
misdemeanor to fit the severity of the offense.
Section 409.2 Harmful Substances General Clean-up The words “noxious or toxic” was added to further describe
substances that cannot be on District Lands.
Section 409.4 Model Craft General Clean-up The word “possess” was added to address current issues with drone
flyers to enforce the ordinance after a subject has landed their
drone.
Section 409.6 Skating, Scooters,
Skateboards, and other Coasting,
Sledding or Sliding Devices
General Clean-up Grammatical errors were fixed.
Section 409.7 Reckless or Negligent
Activity
General Clean-up Reduced redundant language.
Section 409.8 Possession of a District
Lock or Key
General Clean-up Grammar and gender-neutral language is addressed.
Section 410.2 Alcoholic Beverages –
Designated Areas
General Clean-up Gender-neutral language was added.
Chapter V. Preserve Uses
– Riding / Hiking Trails Type of Change Summary of Change
Sections 500-599
Section 500.2 One Way Trails General Clean-up Added all trail uses and corrected grammatical errors.
Section 502.1 Operation of Bicycles Minor Change in Content Section 502.1 was divided into two separate sections 502.1 for
operation and 502.2 for possession. The title was changed in this
section and grammatical errors corrected. This change clarifies that
visitors can commute by bicycle/e-bike to a preserve closed to
bicycles then hike on trails.
Section 502.2 Bicycles – Closed
Areas
Addition See above.
Section 502.3 Bicycle – Unsafe
Operation
Section Moved to/from
another Location
Was formerly 502.2
Section 502.4 Helmet Violations Section Moved to/from
another Location
Was formerly 502.3
ATTACHMENT 2
Midpeninsula Regional Open Space District
Summary of Proposed 2020 Revisions to the Ordinance for use of
Midpeninsula Regional Open Space District Lands
Page 4 of 6
Section 502.5 Walk only Zones Section Moved to/from
another Location
Was formerly 502.4
Section 502.6 Mechanical Operation Section Moved to/from
another Location
Was formerly 502.5
Section 502.7 Headsets and Earplugs Section Moved to/from
another Location
Was formerly 502.6
Section 503.1 Climb – Designated
Areas
General Clean-up Corrected grammatical errors in title and added the words “facilities
and structures” to address current preserve elements such as at
Mount Umunhum.
Section 503.2 Anchors Prohibited General Clean-up Clarified the exception of the section to be by prior written
permission and added gender-neutral language.
Section 503.3 Possession of Tools General Clean-up Clarified the exception of the section to be by prior written
permission and added gender-neutral language.
Section 504 Trespass Legal Counsel
Recommendation
Clarifies that trespassing is not simply a violation under state law; it
is a violation of District Ordinance, unless the person has a permit
to be in a location where they would otherwise be considered to be
trespassing (such as a closed area). Also specifies that violation is a
misdemeanor.
Section 505 Off Trail Use Section Moved to/from
another Location
This section belongs with other riding/hiking trails offenses. Was
previously on the 800 sections which is District Lands Operations –
General.
Chapter VI. Preserve Uses
– Commercial/Revenue Type of Change Summary of Change
Sections 600-699
Section 600.1 Commercial Soliciting
- General
General Clean-up Clarified “written permission” and added gender-neutral language.
Section 601.1 Grazing- General General Clean-up Clarified “written permission” and added gender-neutral language.
Section 602.1 Harvesting and
Planting- General
General Clean-up Clarified “written permission” and added gender-neutral language.
Section 602.2 Possession of Tools General Clean-up Clarified “written permission” and added gender-neutral language.
Section 604 Commercial Uses General Clean-up Clarified “written permission” and added gender-neutral language.
Chapter VII. Preserve
Uses –
Commercial/Revenue
Type of Change Summary of Change
Sections 700-799
Section 700.1 Hunting/Harassing General Clean-up The title was changed to better reflect the content of the offense.
The words “introduce” and “release” were deleted as this is a
hunting offense (meaning taking not giving) and the word
“domesticated” was added for cattle grazing purposes.
Section 700.2 Fishing General Clean-up The words “living or dead” was added to address the dumping of
dead animals in the Preserves. Language for exceptions was
reworded to include any applicable laws.
Section 700.3 Carry or Possess
Fishing Equipment
General Clean-up Language added to reference Section 700.2 as it has exceptions to
when fishing equipment can be possessed and used.
Section 700.4 Collecting Reptiles,
Amphibians, or Mollusks
General Clean-up The words “introduce” and “release” were removed as this is
covered in section 701.6.
Section 700.5 Collecting Insects General Clean-up Title changed from “Insects” to “Invertebrates” to cover a wider
range of organisms people might collect. The words “introduce”
and “release” were removed as this is covered in section 701.6.
Section 700.6 Feeding General Clean-up Clarified “written permission” and added gender-neutral language.
Section 701.1(b) Dog in Non-
Designated Area
General Clean-up This was changed to paragraph format as “1), 2), and 3)” used to
differentiate between clauses indicate sub-sections for individual
offenses. Paragraph format reduces this confusion.
Section 701.1(c) Leash Required Minor Change in Content Leash length restrictions were removed and placed in a new sub
section, 701.1(d)
ATTACHMENT 2
Midpeninsula Regional Open Space District
Summary of Proposed 2020 Revisions to the Ordinance for use of
Midpeninsula Regional Open Space District Lands
Page 5 of 6
Section 701.1(d) Leash Length
Restrictions
Minor Change in Content This was removed from section 701.1(c) and changed to paragraph
format as “1), 2), and 3)” used to differentiate between clauses
indicate sub-sections for individual offenses. Paragraph format
reduces this confusion.
Section 701.1(e) Off-Leash Areas Section Moved to/from
another Location
Was formerly section 701.1(d).
Section 701.1(f) Nuisance Dogs Section Moved to/from
another Location
Was formerly section 701.1(e). Also cleaned up grammar and
added the word “possess.”
Section 701.1(g) Dogs in Water Area Section Moved to/from
another Location
Was formerly section 701.1(f). Cleaned up the language regarding
prior written authorization.
Section 701.1(h) Dangerous Dog Section Moved to/from
another Location
Was formerly Section 701.1(g). Also cleaned up grammar and
added the word “possess.”
Section 701.2 Disturbance or Injury
to Wildlife
General Clean-up Cleaned language for clarity.
Section 701.3 Horses and Livestock General Clean-up Cleaned language for clarity.
Section 701.4 Other Pets General Clean-up Cleaned language for clarity.
Section 701.5 Removal of Dog
Excrement
General Clean-up Cleaned language for clarity.
Section 701.6 Abandoned Animals General Clean-up Cleaned language for clarity.
Section 701.8 Interference with
Livestock
Addition Ordinance added to better manage the business of the District as it
relates to grazing operations.
Section 702.1 Plants General Clean-up Cleaned language for clarity by adding leaves to list of plant parts
to address current enforcement issues including the collection of
bay leaves.
Section 702.2 Possession of Gathered
Wood Prohibited
Removal This section is very difficult to enforce or unenforceable, and it is
covered in section 702.1.
Section 702.5 Special Permission General Clean-up Added other ordinances that conflict with this one as exceptions.
Section 702.7 Unpermitted Diversion
of Water
General Clean-up Added language to include taking water and not just diverting it.
Section 703.1 Unlawful Defacement General Clean-up Added language to cover current District amenities.
Section 703.4 Possession of
Construction or Maintenance Tools
and Supplies
General Clean-up Grammatical clean up in the title.
Section 703.6 Scientific Equipment Addition Added to manage the business of the District as it relates to
scientific study of District land.
Chapter VIII. District
Lands Operations –
General
Type of Change Summary of Change
Sections 800-899
Section 801.1 Parking Restrictions General Clean-up Clarified that a District employee must be authorized to make
exceptions to the offense.
Section 802.1 Operation of Motorized
Vehicles: Off-Road Vehicles-
General
General Clean-up Added language to indicate possible exceptions.
Section 805.1 Authority for Closures General Clean-up Added gender-neutral language.
Section 805.2(a) Temporary or
Regular Closures
General Clean-up Indicated District employees must be authorized to temporarily
close areas, language clarification, and added gender-neutral
language.
Section 805.2(b) Sensitive or
Hazardous Area Closure
General Clean-up Added gender-neutral language.
Section 805.3 After Official Hours
Use Prohibited
General Clean-up Clarified official hours of Preserve operation.
Section 805.4 Bicycle Operation
After Hours
General Clean-up Added the exception of with a permit to language.
ATTACHMENT 2
Midpeninsula Regional Open Space District
Summary of Proposed 2020 Revisions to the Ordinance for use of
Midpeninsula Regional Open Space District Lands
Page 6 of 6
Section 805.5 Posting of Closures Section Moved to/from
another Location
Section was moved to Section 119 as it is a definition.
Section 805.5 Failure to Vacate a
Closed Area
Section Moved to/from
another Location
Was formerly section 805.6 and added “refuse” to language.
Section 805.7 Off Trail Use Section Moved to/from
another Location
Section was moved to Section 505 as it belongs in the chapter
regarding Riding / Hiking Trails.
Section 806.1 Nonpayment of Fees General Clean-up Added gender-neutral language.
Section 807.1 Regulations for the
Scattering of Cremated Remains
Minor Change in Content Deleted sections a-f. these were permit conditions and will be
provided on the permit. These were not individual offenses.
Proposed 2020 Bail Schedule
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Y 200.5 Failure to comply with permit conditions $35 Infraction Traffic N Move to 408.3
400.1 Camping without permit $35 Infraction Traffic N
400.2 Juvenile camping without a permit $25 Infraction Traffic N
401.1 Swimming - undesignated area $35 Infraction Traffic N
402.1 Boating without permit $35 Infraction Traffic N
403.1(a)Possession of/discharging weapon $150 Misdemeanor Criminal N
403.1(b)Possession of/discharging paint ball gun, BB gun $35 Infraction Traffic N
Y 404.1 Outdoor Fire Without permit $150 Infraction Misdemeanor Criminal N Upgrade to Misdemeanor and
increase bail to $150.00 to better
align with the severity of the crime.
404.2 Smoking - undesignated area $35 Infraction Traffic N
405.1 Dumping waste-water / effluent $100 Misdemeanor Criminal N
405.2 Improper use of sanitation facility $35 Infraction Traffic N
405.3 Protection of Facilities $35 Infraction Traffic N
405.4 Defecate in public view $35 Infraction Traffic N
405.5 Urinate in public view $35 Infraction Traffic N
406.1 Use of metal detector $25 Infraction Traffic N
407.1 Obstructing free passage $250 Misdemeanor Criminal N
407.2 Interference with use of District lands $100 Misdemeanor Criminal N
407.3 Noise/sound amplification devices $50 Infraction Traffic N
407.4 Compliance with a lawful order $150 Misdemeanor Criminal N
Y
407.5 Order to Vacate $75 $150 Infraction Misdemeanor Traffic Criminal N Upgrade to Misdemeanor and
increase bail to $150.00 to better
align with the severity of the crime.
Y
408.2 1 Permit Required Violations $35 / $150 Infraction / Misdemeanor Traffic / Criminal N Title changed as 408.2(a) was
combined into this section and the
option of making this a
misdemeanor based on severity of
offense.
Y 408.2(a)Unpermitted Large/Destructive Event $150 Misdemeanor Criminal N Combined into section 408.1
Y 408.2 Failure to comply with a permit $35 Infraction Traffic N Moved from section 200.5
408.3 Permit - Individual Participation $25 Infraction Traffic N
Y
409.1 Use of/ possession of fireworks or explosives 100 / $150 Infraction / Misdemeanor Criminal N Upgrade to Misdemeanor and
increase bail to $150.00 to better
align with the severity of the crime.
409.2 Harmful substance $250 Misdemeanor Criminal N
409.3 Golf $50 Infraction Traffic N
409.4 Operating model craft $50 Infraction Traffic N
409.5 Human flight without permit $100 Misdemeanor Criminal N
409.6 Skating, Scooters, Coasting, Sledding prohibited $50 Infraction Traffic N
409.7 Reckless activity $250 Misdemeanor Criminal N
409.8 Possession of District Lock or Key $100 Misdemeanor Criminal N
409.9 Segways and Electric Bicycles $35 Infraction Traffic N
410.1 Alcoholic beverages-beer/wine only $35 Infraction Traffic N
410.2 Alcoholic beverages prohibited area $35 Infraction Traffic N
411.1 Defacement of signs $150 Misdemeanor Traffic N
411.2 Place sign without permit $25 Infraction Traffic N
411.3 Obeying Signs $35 Infraction Traffic N
412 Nudity prohibited $25 Infraction Traffic N
500.1 Trail use speed limit $75 Infraction Traffic N
500.2 One-way trail $35 Infraction Traffic N
500.3 Failure to close gate $25 Infraction Traffic N
500.4 Dangerous trail use $50 Infraction Traffic N
501.1 Closed area- horses or pack animal $75 Infraction Traffic N
501.2 Unsafe use - horses $100 Misdemeanor Criminal N
501.3 Carts/wagons without permit $50 Infraction Traffic N
Y 502.1 Closed area - bicycle Operation of Bicycle $75 Infraction Traffic N Title change only
The Bail schedule is submitted to Santa Clara and San Mateo County Courts. This docment provides the level of offense, infraction or misdemeanor, and the base fine for the
offense. Other information in this document is the court division the offense will be heard in, either traffic or criminal, and if the offense needs to be reported to DOJ. Only changes to
these specifics are shown in this document and not all changes to the ordinace will result in a change to this document.
Page 1 of 3
ATTACHMENT 3
Proposed 2020 Bail Schedule
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502.2 Closed Areas $75 Infraction Traffic N Split from original 502.1 to allow for
possession of bicycles in parking or
staging areas of Preserves not
designated for such use.
Y 502.2 502.3 Unsafe operation - bicycle $150 Misdemeanor Criminal N Renumbered
Y 502.3(a)
502.4(a)
Helmets use required $25 Infraction Traffic N Renumbered
Y 502.3(a)
502.4(b)
Helmet possession required $25 Infraction Traffic N Renumbered
Y 502.4 502.5 Walk-only zone $35 Infraction Traffic N Renumbered
Y 502.5 502.6 Mechanical Operation $25 Infraction Traffic N Renumbered
Y 502.6 502.7 Bicycle Operation with headset/earplugs $25 Infraction Traffic N Renumbered
Y
503.1 Climb in Designated Areas only $50 Infraction Criminal Traffic N Changed from an Infraction heard
in Criminal Court to one heard in
Traffic (per SCC Courts)
Y
503.3 Possession of climbing tools prohibited $50 Infraction Criminal Traffic N Changed from an Infraction heard
in Criminal Court to one heard in
Traffic (per SCC Courts)
Y 504 Tresspass on District Lands $150 Misdemeanor Criminal N New - recommended by ouside
counsel
Y 505 Off Trail Use $150 Misdemeanor Criminal N Moved from 805.7
601.1 Allowing grazing without permission $150 Misdemeanor Criminal N
602.1 Harvesting / planting without permission $100 Misdemeanor Criminal N
602.2 Possession of cultivation tools prohibited $50 Infraction Traffic N
603.1 Commercial filming without permit $150 Misdemeanor Criminal N
604 Commercial Uses $35 Infraction Traffic No
700.1 Harming / taking animal Hunting/Harassing $150 Misdemeanor Criminal N
700.2 Harming / taking fish $50 Infraction Traffic N
700.3 Carry or possess fishing equipment $25 Infraction Traffic N
700.4 Collecting reptiles, amphibians or mollusks $50 Infraction Traffic N
700.5 Collecting insects $50 Infraction Traffic N
700.6 Feeding prohibited $50 Infraction Traffic N
700.7 Collection of Animal Parts $25 Infraction Traffic N
701.1(a)3 dogs maximum allowed $50 Infraction Traffic N
701.1(b)Dog in non-designated area $50 Infraction Traffic N
701.1(c)Leash required $35 Infraction Traffic N
Y 701.1(d)Extendable Leashes $35 Infraction Traffic N New - recommended by ouside
counsel
Y 701.1(d) (e)Off-leash area - Leash possession required $35 Infraction Traffic N Renumbered
Y 701.1(e) (f)Nuisance dog prohibited $75 Infraction Traffic N Renumbered
Y 701.1(f) (g)Dog in water area $50 Infraction Traffic N Renumbered
Y 701.1(g) (h)Dangerous Dog $100 Misdemeanor Criminal N Renumbered
701.2 Disturbance or injury to wildlife $100 Misdemeanor Criminal N
701.3 Keep or raise livestock without permit $100 Misdemeanor Criminal N
701.4 Other pets prohibited $35 Infraction Traffic N
701.5 Removal of animal excrement $35 Infraction Traffic N
Y
701.6 Abandonment of animals $50 Infraction Criminal Traffic N Changed from an Infraction heard
in Criminal Court to one heard in
Traffic (per SCC Courts)
701.7 Depositing of Animal Remains $35 Infraction Traffic N
Y 701.8 Interference with Livestock $35 Infraction Traffic N New ordinance to address grazing
and visitors in the same Preserves
Y 702.2 Possession of gathered wood $50 Infraction Traffic N Recommended to be removed by
outside counsel
702.3 Damaging / removing geological features $100 Misdemeanor Criminal N
702.4 Damaging archeological features $100 Misdemeanor Criminal N
702.6 Destruction of Habitat $100 Infraction Traffic N
702.7 Unpermitted Diversion of Water $100 Infraction Traffic N
703.1 Unlawful defacement $250 Misdemeanor Criminal N
703.2 Unlawful construction $250 Misdemeanor Criminal N
703.3 Unlawful maintenance $250 Misdemeanor Criminal N
703.4 Possession of Construction Tools Prohibited $50 Infraction Traffic N
703.5 Surveillance Systems $35 Infraction Traffic N
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ATTACHMENT 3
Proposed 2020 Bail Schedule
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o
u
n
t
Misdemeanor or
Infraction
FILE
DIV
RPT
DOJ Comment
Y 703.6 Scientifc Equipment $50 Infraction Traffic N New Ordinace to adress
interference and collection of data
from District installed equipment.
802.1 Vehicles prohibited $100 Misdemeanor Traffic N
803.1 Speeding $75 Infraction Traffic N
803.2 Reckless Driving $150 Misdemeanor Criminal N
803.3 Unsafe Driving $75 Infraction Traffic N
804.1 72 Hour Vehicle Limit $50 Infraction Traffic N
805.2(a)Enter temporary/regular closed area $50 Infraction Traffic N
805.2(b)Enter sensitive/hazardous closed area $250 Misdemeanor Criminal N
805.3 After official hours use prohibited $35 Infraction Traffic N
805.4 Bicycle Operation After Hours $75 Infraction Traffic N
805.6 Failure to vacate a Closed Area $150 Misdemeanor Criminal N
Y 805.7 Off Trail Use $100 Misdemeanor Traffic N Moved to 505
Y
807.1(a-f)Unauthorized scattering of cremains - commercial 150 $35 Infraction Traffic N Condense to a single code for
violation of a cremation permit or
failure to obtain one. Bail aligned
with other permit violation fine
amounts.
808.1 Unauthorized Aircraft or Helicopter Landing $100 Misdemeanor Criminal N
https://openspace.sharepoint.com/GM/BoardMeetings/2020 Reports/20200909/Ordinance Review/Background Documents/Attachment 3 Bail Schedule Update 2020 .xlsm
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Page 3 of 3
ATTACHMENT 3
R-20-97
Meeting 20-20
September 9, 2020
AGENDA ITEM 6
AGENDA ITEM
Administrative Office Project Update
GENERAL MANAGER’S RECOMMENDATION
Review and provide feedback on the current project design to reconfigure and repurpose the 5050
El Camino Real building in Los Altos, California as the main administrative office for the
Midpeninsula Regional Open Space District.
SUMMARY
At the July 22, 2020 public meeting, the Board reviewed and provided feedback on the
Administrative Office Project (AO or Project) design, which reflected a 90% complete construction
document set. At the September 9, 2020 public meeting, the Board will receive a project update for
design elements that the Board commented on at the July 22, 2020 meeting. Updates at this meeting
reflect a set of 95% complete construction documents and will focus on the following elements:
• Board room layout, including dais design
• Audio Visual (A/V) System
• Automatic windows (cost and functionality)
• Alma College site wood reuse
• Natural gas system
• Exterior site design
• Design changes initiated by City of Los Altos plan review
BACKGROUND
Midpeninsula Regional Open Space District (District) has been evaluating options to address the
lack of sufficient administrative office space to meet ongoing and long-term business needs since
2015, as the organization began to undergo significant internal restructuring to accelerate project
delivery, expand public service delivery, and ensure sufficient resources to manage public land and
access facilities. At the July 2017 public meeting, the Board adopted a resolution to enter into a
purchase and sale agreement for the building located at 5050 El Camino Real, Los Altos, CA (R-
17-90). Escrow closed on the purchase on February 1, 2019.
At the December 6, 2017 public meeting, the Board approved the Space Needs Assessment & Basic
Program Report (R-17-128) for the Project. At the August 22, 2018 public meeting, the Board
approved a contract with the design consultant, Noll & Tam, to assess and design the new AO based
on the Board-approved project design goals, program elements, and space needs (R-18-97 and R-18-
R-20-97 Page 2
100). At the October 24, 2018 public meeting, District staff and the Board began the design process
for the new AO by prioritizing project goals and space needs (R-18-123).
From January through May 2019, the Board held a public open house and several public meetings to
solicit public input and provide feedback on the evolving schematic design options, cost estimates,
and alternatives to reduce total project costs. At the May 22, 2019 public meeting, the Board
approved the final schematic design and associated cost estimate (R-19-64). On the same date, the
Board approved a contract amendment with Noll & Tam to continue with the remaining phases of the
Project, including design development, construction documents, permitting assistance, construction
administration, and as-built drawings.
At the October 9, 2019 Board meeting, the Board reviewed the design development plans and
revised cost estimate to confirm that the Project as designed meets the Board-approved project
goals, program elements, design direction, and project budget (R-19-130). As part of this review,
the Board approved the design development plans, allowing Noll & Tam to proceed into the next
project phase - construction documents (detailed, constructible plans) and permitting.
At the July 22, 2020 public meeting, the Board reviewed and provided the following feedback on the
Project design and cost estimate, which reflected a 90% complete construction document set:
• Requested new options for the Boardroom, dais, and A/V that reflect latest Board input;
• Selected bird safe window glazing Walker AviProtek Patter 215, or equal;
• Requested that staff informally track how the project meets Leadership in Energy and
Environmental Design (LEED) Gold standard and use this information to communicate
District values and project goals; and
• Directed the General Manager to continue exploring opportunities to use salvaged redwood
for the dais and other locations, but exclude sourced wood from La Honda Creek redwood
cabin and Purisima Creek blackwood acacia due to timing/readiness issues.
• Directed staff to return to the Board to present revisions to the exterior site design.
DISCUSSION
Incorporating Board feedback for the Project, District staff and Noll & Tam have continued to update
the construction documents and are currently addressing City of Los Altos permit comments. The
current project design, which the Board will discuss at the September 9, 2020 public Board meeting,
reflects a set of 95% complete construction documents. The current cost estimate is $24.78 million.
In October 2020, when the construction documents reach 100%, a final construction estimate will be
developed. The updated estimate will reflect final Board input, City of Los Altos permit compliance
requirements, and take into account the current economic and construction market conditions.
Project Updates Requested by the Board
At the July 22, 2020 meeting, the Board provided feedback and requested updates on the following
design elements to finalize the construction documents.
Boardroom Dais Layout
At the July 22, 2020 public Board meeting, Noll & Tam presented updates to several atrium area
and Boardroom design elements and renderings. The Board dais is proposed to be fixed while the
remaining furniture will be mobile, allowing maximum flexibility for other uses such as public
workshops, open houses, trainings or staff meetings. The dais will accommodate the seven Board
R-20-97 Page 3
members in the middle, with General Manager and General Counsel seated at one end of the dais
and Clerk at the other end. Computer hook ups and a microphone will be available at each seat.
On July 22, 2020, the Board provided the following input, which has been incorporated into the
latest plans:
• Provide dais visual cue to distinguish Board members from staff. Visual cues may include
dais veneer panel material and variation in dais height.
• Include District logo at the lectern rather than dais.
• Confirm acoustics is well addressed in the Boardroom.
• Optimize space between the dais and the side walls/rear window.
Staff will present updated design elements that include the items listed above on September 9, 2020
to receive any additional Board feedback and direction.
The dais is the focal point of the Boardroom. Its arc has been designed to achieve good sight lines
between Board members, staff, and the audience. Seating is available for seven Board members and
three staff. Board members will be seated in the center section of the dais; their location is
highlighted with textured, accent reclaimed wood panels that will be installed in a vertical
orientation on the face of the dais. Staff will be seated on both sides of the Board and their location
will be distinguished on the dais by flat wood veneer panels. The flat wood veneer of the staff area
also sits 4-inches lower in height compared to the textured panels where the Board will sit; these
multiple visual cues (texture, height, and end-location) should provide a clear distinction between
staff and Board at the dais.
Boardroom Audio Visual (AV) and Information Technology (IT) (e.g. set up for iPads & screens)
Staff and Noll and Tam have updated the design of the Boardroom to enhance the AV system and
IT integration. The AV system will accommodate remote conferencing. It will allow Board
members and the public to call into meetings and/or connect to the meeting using a webcasting
platform, such as Zoom. The system will record, archive, and stream audio and video. After each
meeting, recorded files can be uploaded to the network for storage, playback, or streaming. This
integration provides more flexibility in running a Board meeting.
Board members and staff seated at the dais will have their own dais workstation. Each workstation
will have an individual flat screen monitor, microphone, and electrical outlet to plug in devices
(laptop, phone, tablet, etc.). The workstations are identical, with the exception of the District
Clerk’s location, which will also have controls for the AV system. Board members may view
presentations on their dais monitor, on the large screen behind the dais, or on a moveable/portable
screen that will be located either to the left or right of the Boardroom (depending on presentation
needs). Members of the public will be able to view presentation from either the screen behind the
dais, on the movable/portable screen, or if siting in the atrium, on a screen that will be mounted on
the north wall.
The Boardroom will include commercial-grade, pan-tilt-zoom, high definition cameras for the
video feed. The cameras will have a pre-set configuration, allowing for toggling between views of
the Boardroom, PowerPoint presentation, and lectern, via microphone input. A dedicated camera
operator will not be required to operate the cameras.
R-20-97 Page 4
The designed AV configuration will allow for the streaming of Board meetings and will be able to
support broadcasting. Broadcasting, while the choice of many municipalities, has additional costs
associated with it, such as the need for a dedicated operator. If District needs change in the future,
and the switch to a broadcasting platform is needed, the system can accommodate it with minor
adjustments.
Cost of Automatic Windows and Operations
At the July 22, 2020 public Board meeting, Noll & Tam provided an update on the
Heating/Ventilation/Air Conditioning (HVAC) system and operable windows. The Project will
replace the existing HVAC system with a new, energy efficient system and ductwork. A ceiling
fan above the atrium will provide air circulation and cooling to the building. In addition to the large
amount of ventilation air through the new HVAC system and ceiling fan, natural ventilation
will be provided through operable windows throughout the building. These operable windows
would function with the building’s computerized HVAC system by dividing the building into
different HVAC zones. There are approximately 175 operable windows distributed evenly
throughout the building. When operable windows are open in a zone, the computerized HVAC
system would detect that occupants prefer outdoor air and automatically shut off the HVAC in the
zone, reducing energy costs. This zone’s temperature would be controlled by outdoor temperature
and airflow.
At the July 22 meeting, the Board directed Noll & Tam to explore the costs and feasibility of
including an automatic window closing system, which would close all or individual windows
through a centralize computer system. Installation of an automatic window closing system is
feasible, with material and labor costs estimated at $200,000. Noll & Tam indicates that to be cost
effective, this system is typically installed for new building construction rather than renovations.
Alma College Site Wood Reuse
On February 26, 2020, the Board awarded a construction contract to remove six dilapidated non-
historic structures at the former Alma College site (Alma site) in Bear Creek Redwoods Open
Space Preserve to begin preparing the site for safe public access (R-20-21). Pre-demolition bat
deterrent work began on September 1, 2020 and structure removal will begin in late September
2020. At the July 22, 2020 meeting, the Board directed staff to further explore opportunities to
reuse wood material from the Alma site. Several large redwood beams at the Alma site classroom
building are of particular interest.
On August 21, 2020, staff and project consultants (including a local miller) met onsite to review the
wood material and determined that a majority of the redwood pieces larger than two (2) inches by
four (4) inches will be suitable for salvage and reuse. During deconstruction, staff will work with
the contractor to carefully remove and salvage these pieces. They will be stockpiled and later
milled to dimension to be used as paneling for the Boardroom dais. See Attachment 1 for photos.
Natural Gas
At the July 22, 2020 meeting, the Board pointed out that natural gas will be used for the Project and
requested clarification on its use. Noll & Tam determined that natural gas will feed the boiler to
heat the building and the water heater to heat domestic water. Noll & Tam explored an all-electric
R-20-97 Page 5
boiler and water heater system early in the design, and determined that it would be cost prohibitive
and the equipment would be too large and heavy for the building.
Exterior Site Design
At the February 12 and July 22, 2020 public meetings, the Board had the opportunity to review and
comment on the exterior site design elements. At the September 9, 2020 meeting, Noll & Tam will
present the latest plans to the exterior design, which will include an update to the bench that will be
constructed out of redwood as directed by the Board.
Design Changes Initiated by City of Los Altos Plan Review
On June 5, 2020, Noll & Tam submitted plans, specifications, and calculations to the City of Los
Altos to start the Building Permit process. The City of Los Altos provided the first round of Plan
Check comments in August 2020. Noll & Tam and staff are currently addressing those comments
and targeting to resubmit plans in mid-September 2020. Four main design changes initiated by the
City of Los Altos plan review comments will be presented to the Board on September 9, 2020.
• Electrical Vehicle (EV) charging and accessible parking spaces has been updated to include
one van accessible EV charging space in addition to one standard accessible EV charging
space. There will be a total of ten EV parking spaces, with six, including the two accessible
EV spaces, at the surface parking lot and four in the garage. Plans will also meet a City
requirement of five accessible parking spaces (four standard plus one van accessible).
• Outdoor deck area and ramp behind Board room has been revised to meet Americans with
Disabilities Act (ADA) requirements.
• Second floor break room and its adjacent conference room has been reconfigured to meet
maximum occupant load requirements while ensuring site security of all upper floor
administrative areas.
• Second floor outdoor deck areas have been revised to include door latch with a deadbolt
lock from the inside and signage stating doors will only be unlocked during daytime
business hours.
Solicitation for Peer Review and Construction Management Services
As the Project progresses from design into permitting, staff has determined that certain aspects of
the design warrant a third party or peer review to ensure high quality Project delivery. The HVAC
system is of particular interest. Staff has moved forward with securing a dedicated peer review to
ensure that the HVAC system as designed fully meets District needs and supports a healthy work
environment in light of COVID-19. This solicitation process began in June 2020 and is currently in
the negotiation process. Staff will return to the Board for an award of contract in October 2020.
Aside from peer-reviewing the HVAC system, the selected firm will also provide intermittent
inspection and construction management assistance services and work closely with the District
project manager to advise on and assist with the design, construction, and occupancy phases of the
Project.
Contractor Pre-Qualification Process
At the February 12, 2020 Board meeting, the Board expressed a desire for staff to pre-qualify all
General Contractors interested in bidding on this Project. This process will identify a pool of
qualified general contractors to bid on the project as a tool to pre-screen potential bidders using a
questionnaire developed by the California Department of Industrial Relations. The goal is to
R-20-97 Page 6
identify contractors who have experience in performing public works and are financially stable.
This approach can reduce potential future issues by disqualifying a contractor who has failed to
successfully or safely complete previous projects. Additionally, qualified contractors may price
their bids more competitively knowing they are competing with qualified firms. Staff released this
solicitation on August 20, 2020 and will receive contractor qualification statements no later than
September 10, 2020.
Interpretive Planning & Design
The new Administrative Office will provide interpretive opportunities and integration of enhanced
architectural features to engage the public and office visitors. Exhibits and other engagement
elements will be professionally-designed and fabricated to connect office visitors to the District’s
mission, messaging, and Vision Plan goals while fostering a welcoming experience. The District is
preparing to release a Request for Proposal (RFP) in September for interpretive planning/design
firm(s) to develop a comprehensive interpretive approach that will be implemented at appropriate
public-facing interior and exterior spaces and building elements. Final selection is planned for
October 2020. Depending on the fee proposals, Board approval for the award of contract is
scheduled for November 2020. Staff plans to bring design goals and options for the interpretive
elements to the full Board for review and approval as part of this separate contracted work.
FISCAL IMPACT
At each major milestone, the District presents a revised cost estimate to ensure that the Project
design remains within the May 2019 Board-approved project budget of $27.4 million (R-19-64). At
this current time, the updated cost estimate is approximately $24.78 million and below the Board
approved project budget of $27.4 million. The design team will provide one final project cost
estimate once the plans have been resubmitted to the City of Los Altos for permit approval, which
is anticipated in October 2020.
Since 2015, the District has studied alternatives for meeting the District’s long-term office space
needs. These alternatives include purchasing and renovating a new building; renovating and
completing end-of-life repairs (e.g. HVAC) to the current 330 Distel Circle building while also
continuing to rent adjacent office spaces; and rebuilding a larger three-story building at 330 Distel
Circle. Following the 2019 purchase of 5050 El Camino Real, the cost analysis indicates that
renovating the 5050 El Camino Real building at approximately a $24.78 million is the most cost-
effective solution to meet the District’s long-term needs, compared to $32 million to $33 million net
cost for the other office space options.
Funding sources for the Project include using Committed for Infrastructure reserve funds, any future
additions to the reserve, rent income, parity bond proceeds, and interest earned from the parity bonds.
Partial reimbursement is also expected from the future sale of the current 330 Distel Circle office. To
begin the surplus property sale process of the existing building, the District issued a notice of surplus
sale on November 22, 2019 and is currently in negotiations with a potential buyer.
The Project is not funded by Measure AA.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
R-20-97 Page 7
CEQA COMPLIANCE
As the permitting agency, the City of Los Altos will be the Lead Agency under the California
Environmental Quality Act and considers the Project eligible for a categorical exemption.
NEXT STEPS
The General Manager will direct Noll & Tam to incorporate any additional comments received
from the Board at the September 9 meeting into the construction documents. The table below is an
operational timeline showing current and future project milestones.
PROJECT SCHEDULE WITH KEY MILESTONES
Milestones Tentative Timeline
Construction Documents, Permits, and Bidding October 2019 – March 2021
Construction March 2021 - March 2022
Move-In March 2022
Attachments:
1. Alma College Site Wood Reuse Photos
Responsible Department Head:
Susanna Chan, Assistant General Manager
Prepared by:
Jason Lin, P.E., Engineering and Construction Department Manager
Tanisha Werner, P.E., Senior Capital Project Manager
Staff contact:
Tanisha Werner, P.E., Senior Capital Project Manager
DATE: September 9, 2020
MEMO TO: Board of Directors
THROUGH: Ana Ruiz, General Manager
FROM: Brian Malone, Assistant General Manager
SUBJECT: Trail Use Designation of Short Segment of Lower Meadow Trail in Rancho San
Antonio Open Space Preserve
_____________________________________________________________________________
At the Midpeninsula Regional Open Space District (District) Board of Directors (Board) meeting
on August 12, 2020 item (R-20-89) the Board designated select trails at Rancho San Antonio
Open Space Preserve and County Park, where bicycles are currently allowed, as open to class 1
and 2 electric bicycle use under a one year pilot project.
During the meeting there was a brief discussion of a short segment of the Lower Meadow Trail
with a primarily unimproved surface in Rancho San Antonio Preserve between the preserve
signboards and the permit parking area that parallels the preserve service road. This segment was
not designated for electric bicycle use, as shown on the map attached to the Board report, and
therefore electric bicycle use is not allowed on this segment. Prominent signing recommends this
segment for pedestrian use and directs bicyclists to stay on the paved service road. During the
Board meeting staff mentioned that this segment, even though signed for pedestrian use, was the
one segment of trail in Rancho San Antonio Preserve that technically allows bicycles and was
not recommended for designation for use by electric bicycles on a pilot program basis. Director
Kishimoto requested that this segment of the Lower Meadow Trail between the signboards and
the permit parking area be posted with standard no bicycle signs.
However, on further review of public District maps that show it as a bicycle and hiking trail and
which serves as the only documentation of trail designation of this trail segment, the General
Manager has concluded that Board action would be needed to officially change the trail use
designation, if so desired by a majority of the Board. The Board can request that this item return
for a Board decision on the change in use, otherwise, the District will maintain current signage
and the callout box on the preserve brochure, which direct bicyclists (via a request versus an
enforceable requirement) to use the paved service road while directing pedestrians to keep to the
decomposed granite path (see map and photos below).
As background information, this memo includes a brief explanation of why the current signage is
in place. As a general park management practice, it is preferable to separate employee/permittee
vehicle traffic and visitor use. Staff developed the current signs to direct the majority of visitor
use onto the decomposed granite trail off the paved service road. However, we understood that
most cyclists and many families with strollers prefer to stay on the paved service road. It was
2
also expected that small children might still ride next to their families on bicycles and tricycles
on the decomposed granite trail, therefore signs were developed to direct bicyclists to use the
service road and pedestrians to use the trail segment, neither of which is required or enforced.
There is also a call out box on the map to reinforce pedestrian use of the trail. The trail is not
typically used by adult cyclists and additional signing is likely not necessary to keep electric
bicycles on the paved road.
3