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HomeMy Public PortalAbout20200923 - Agenda Packet - Board of Directors (BOD) - 20-22 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Wednesday, September 23, 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/81114957813 or listen to the meeting by dialing (669) 900-6833 or (346) 248-7799 (Webinar ID 81114957813). 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. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Property: San Mateo County APN: 080-282-080 Agency Negotiator: Allen Ishibashi, Senior Real Property Agent Negotiating Party: Jacob Guenther and Tamara J. Shimizu Under Negotiation: Loan Terms Meeting 20-22 Rev. 1/3/20 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code Section 54957(b)(1) Title of Employee: Controller General Counsel General Manager CONFERENCE WITH LABOR NEGOTIATORS. Government Code Section 54957.6 Agency designated representatives: Board Appointee Evaluation Committee (Directors Holman, Riffle, and Siemens) Unrepresented Employees: Controller General Counsel General Manager ADJOURNMENT 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 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 CONSENT CALENDAR All items on the Consent Calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. 1. Approve September 9, 2020 Minutes 2. Claims Report 3. Award of Contract for Project Management of Fire Resiliency and Fuel Reduction Work and Associated Biological Monitoring Services at Coal Creek Open Space Preserve (R-20-103) Staff Contact: Gordon Baillie, Interim Management Analyst II, Craig Beckman, Skyline Area Manager, and Coty Sifuentes-Winter, Senior Resource Management Specialist General Manager’s Recommendations: 1. Authorize the General Manager to enter into a contract with Overstory Land Stewardship for the base contract price of $62,627 to manage a project that will create and improve fuel breaks along existing open space roads and trails at Coal Creek Open Space Preserve. 2. Authorize a 10% contingency of $6,263 to be expended only if additional work is required beyond the base contract scope of work, for a not-to-exceed total contract of $68,890. 4. Second Reading and Adoption of the Revised “Ordinance for Use of Midpeninsula Regional Open Space District Lands” (R-20-105) Staff Contact: Brad Pennington, Area Superintendent, Visitor Services General Manager’s Recommendations: Rev. 1/3/20 1. Waive second reading, read by title only, and adopt the Ordinance for Use of Midpeninsula Regional Open Space District Lands. 2. Adopt the Bail Schedule as revised. 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 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. Fiscal Year ending June 30, 2020 Annual Year End Report (R-20-106) Staff Contact: Ana María Ruiz, General Manager General Manager’s Recommendations: No Board action required. 6. Authorization to enter into a Funding Agreement with Peninsula Open Space Trust to conduct a Newt Mortality and Population Study along Alma Bridge Road in collaboration with partners (R-20-104) Staff Contact: Julie Andersen, Senior Resource Management Specialist and Interim Land & Facilities Manager General Manager’s Recommendations: Authorize the General Manager to enter into a Funding Agreement and contribute $150,000 for Peninsula Open Space Trust and partner agencies to conduct a Newt Mortality and Population Study from October 2020 to June 2021. 7. Oral Update on Midpeninsula Regional Open Space District COVID-19 Response Staff Contact: Ana Ruiz, General Manager General Manager’s Recommendations: No Board action required. INFORMATIONAL MEMORANDUM • Beatty Parking Area and Trail Connections Project Update INFORMATIONAL REPORTS – Reports on compensable meetings attended. Brief reports or announcements concerning activities of District Directors and staff; opportunity to refer public or Board questions to staff for information; request staff to report to the Board on a matter at a future meeting; or direct staff to place a matter on a future agenda. Items in this category are for discussion and direction to staff only. No final policy action will be taken by the Board. 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. Rev. 1/3/20 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 review on September 17, 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 September 9, 2020 Board Meeting 20-20 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Wednesday, September 9, 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 – CLOSED SESSION President Holman called the special meeting of the Midpeninsula Regional Open Space District to order at 5:00 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: None District Clerk Jennifer Woodworth 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. Ms. Woodworth described the process and protocols for the meeting. 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code Section 54957(b)(1) Title of Employee: Controller General Counsel Public comment opened at 5:00 p.m. District Clerk Jennifer Woodworth announced no public comments were submitted for this item. Meeting 20-20 Page 2 Public comment closed at 5:00 p.m. The Board convened into closed session at 5:01 p.m. President Holman adjourned the special meeting of the Midpeninsula Regional Open Space District at 6:58 p.m. REGULAR MEETING President Holman called the regular meeting of the Midpeninsula Regional Open Space District to order at 7:08 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, Planning Manager Jane Mark, Chief Ranger Matt Andersen, Area Superintendent Brad Pennington, Engineering & Construction Manager Jason Lin, Senior Capital Project Manager Tanisha Werner, Real Property Manager Mike Williams, Senior Real Property Agent Allen Ishibashi, and Real Property Agent I Jasmine Leong 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 Ms. Woodworth announced no public comments were submitted for this item. ADOPTION OF AGENDA Motion: Director Kishimoto moved, and Director Kersteen-Tucker seconded the motion to adopt the agenda. ROLL CALL VOTE: 7-0-0 Meeting 20-20 Page 3 SPECIAL ORDERS OF THE DAY • Presentation by Tim Ramirez (SFPUC) Re: SFPUC Southern Skyline Boulevard Bay Area Ridge Trail Extension Project CONSENT CALENDAR President Holman pulled Item 3 from the Consent Calendar. Public comment opened at 7:46 p.m. District Clerk Jennifer Woodworth announced no public comments were submitted for the Consent Calendar. Public comment closed at 7:46 p.m. Motion: Director Riffle moved, and Director Cyr seconded the motion to approve the Consent Calendar, except for Item 3. ROLL CALL VOTE: 7-0-0 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) 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 the staff. Item 3 was heard after the Consent Calendar. President Holman suggested lowering the interest rate for the tenants to a level closer to the market rate, such as 5%. Motion: Director Holman moved, and Director Kishimoto seconded the motion to approve the General Manager’s recommendation with the interest rate reduced to 5%. General Counsel Hilary Stevenson suggested that if the Board would like to further deliberate on the terms and conditions, the Board could direct the General Manager to bring this item back to Meeting 20-20 Page 4 the Board after the deal terms have been further negotiated or return to closed session for further negotiation. President Holman inquired regarding the Guenther’s in the meantime. Senior Real Property Agent Allen Ishibashi provided additional information regarding the negotiations with the Guenthers, and stated the proposed agreement would be retroactive. Amended Motion: President Holman amended her motion to direct staff to return with this item in closed session after staff determines whether there is a lower interest rate that would meet the District’s objectives and would be acceptable to the tenants. Director Kishimoto seconded the amended motion. ROLL CALL VOTE: 7-0-0 4. Award of Contract for Environmental Services for the Beatty House Removal and Site Restoration Project (R-20-99) 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 5. First reading of the revised “Ordinance for Use of Midpeninsula Regional Open Space District Lands” (R-20-100) Assistant General Manager Brian Malone provided an overview of the proposed ordinance explaining that most of the proposed changes are to correct typos or other grammatical errors. A few additional adjustments are proposed to conform to updated legal regulations and to address new emerging issues experienced by District Rangers. Area Superintendent Brad Pennington described the process to review the ordinance and make suggested updates. The updates are to the regulations for use of District lands and to the bail schedule, which is submitted to the courts to describe the amount of the fine and level of violation. Mr. Pennington described several major changes and/or new additions to the ordinance. One major change proposed is to change the title from regulations to ordinance, reinforcing the District’s option of enacting an administrative enforcement program, if the District choses to do so in the future. Additionally, new sections were modified or added to reflect current use and operations, such as allowing bicycles and e-bikes into District parking lots and to address interference with livestock. The entire ordinance was also updated with gender- neutral language. Proposed changes to the bail schedule relate to how violations are handled by the courts. Mr. Pennington provided additional information in response to questions raised at the Legislative, Funding, and Public Affairs Committee related to the harassment of domestic animals and livestock. Meeting 20-20 Page 5 Director Siemens comment that a space is needed between permit and violation in section 408.1. Director Riffle inquired regarding fines imposed for killing a mountain lion stating it may need to be raised. Mr. Pennington provided additional information regarding how fines are imposed at the superior court level. Additional fines may be imposed by the California Department of Fish and Wildlife. Public comment opened at 8:38 p.m. District Clerk Jennifer Woodworth announced no public comments were submitted for this item. Public comment closed at 8:38 p.m. Director Riffle suggested staff look into whether the District may increase the fines for certain violations, such as killing mountain lions or having fireworks on District lands. General Counsel Hilary Stevenson reported the bail schedule does not need to be published with the ordinance and could be modified at a separate time. Motion: Director Riffle moved, and Director Kersteen-Tucker seconded the motion to: 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. ROLL CALL VOTE: 7-0-0 6. Administrative Office Project Update (R-20-97) Senior Capital Project Manager Tanisha Werner provided the staff presentation highlighting various elements of the Project that require additional Board input and direction, including the Board room dais and other follow-up items from previous Board discussions. Director Cyr inquired regarding the speakers for the overflow area to allow those sitting there to hear the presentations. Eric Skiba with Noll & Tam reported there will be speakers throughout the area, and the speakers can be turned off when not needed. Director Riffle commented on whether the design has the flexibility to address current or potential future conditions, such as the COVID-19 pandemic, nearby wildfires, etc. General Manager Ana Ruiz confirmed that the building will have various features to improve flexibility, including a larger room with an attached atrium for social distancing, built in audiovisual capabilities for virtual meetings, and an improved HVAC system and associated air filters. Meeting 20-20 Page 6 Directors Siemens requested the Board weigh in on the design of the chairs in the Board room. Director Kersteen-Tucker requested additional information regarding the options for Board members to virtually participate in public meetings, such as video. President Holman inquired regarding the materials being used for the front of the dais. Jane Catalano from Noll & Tam reported the materials for the dais will be a combination of salvaged material and wood veneer. President Holman spoke in favor of using all salvaged or natural materials for the dais and spoke in favor of using salvaged wood from buildings at Alma College. Director Siemens suggested using the salvaged materials in a horizonal position to differentiate between the Board and staff areas of the dais. Directors Kishimoto and Siemens spoke in favor of upgrading the windows to automatic windows. Director Riffle provided comments regarding windows with automatic closure due to the cost and the ability of staff to select whether to open or close windows. Mr. Skiba provided additional information about the functionality of the proposed automatic window system. Motion: Director Siemens moved, and Director Hassett seconded the motion to include windows with automatic closure in the design. ROLL CALL VOTE: 6-1-0 (Director Riffle dissenting) Director Kishimoto requested staff provide an informational report regarding the proposed HVAC system. Ms. Werner provided information regarding design changes based on the permit review by the City of Los Altos. Changes were to the outdoor rear access ramp, staff break room exit routes, and the outdoor area for the staff break room. Ms. Werner provided information regarding the various solicitations for services, including contractor pre-qualification, construction management and peer review services, and interpretation services. Director Kersteen-Tucker requested the interpretive elements adequately interpret the coastside portion of the District and various ecosystems the District protects. Public Affairs Manager Kori Skinner reported the coastside mission is included in the request for proposals. No additional Board action required. Meeting 20-20 Page 7 INFORMATIONAL MEMORANDUM • Trail Use Designation of Short Segment of Lower Meadow Trail in Rancho San Antonio Open Space Preserve INFORMATIONAL REPORTS A. Committee Reports Director Kersteen-Tucker reported the Real Property Committee met on September 8, 2020 to discuss the South Cowell Ranch property, which the Board will be considering in October. Director Kishimoto reported the Lehigh Quarry ad hoc committee also met with Santa Clara County Supervisor Joe Simitian and his staff. B. Staff Reports Assistant General Manager Brian Malone reported on the CZU lightning complex fire and its impact on District preserves, including the continued closure of Long Ridge Open Space Preserve. The District’s Advanced Resource Management Steward volunteers recently returned to District preserves, and additional volunteers will be returning as allowed by county health departments. Mr. Malone provided an update on staff’s measurements of dog waste being left at District preserves and will continue measuring going forward. General Manager Ana Ruiz commended staff on their work in public outreach and helping contain the recent wildfires. C. Director Reports Director Kishimoto reported the Green Streets for Sustainable Communities virtual events will begin this week. The members the Board thanked staff for their efforts in response to the CZU fires in the recent weeks. ADJOURNMENT President adjourned the regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 10:38 p.m. ________________________________ Jennifer Woodworth, MMC District Clerk MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLAIMS REPORT MEETING # 20-22 MEETING DATE: September 23, 2020 Fiscal Year to date EFT:56.55% Fiscal Year 18-19 EFT:29.44% Payment Number Payment Type Payment Date Notes Vendor No. and Name Invoice Description Payment Amount 2374 EFT 09/11/2020 11352 - Hammer Fences Purisima Creek Redwoods Fencing Project Materials 43,687.50 2385 EFT 09/11/2020 *10216 - Valley Oil Company Fuel for District Vehicles 33,060.59 2371 EFT 09/11/2020 *10214 - Delta Dental Dental Benefits - September 2020 18,046.88 81386 Check 09/11/2020 12015 - Dudek Grant Writing Services - 6/27 - 7/31 14,340.00 81383 Check 09/11/2020 11386 - Bob Murray & Associates L&F Manager Recruitment 9,928.65 2376 EFT 09/11/2020 *10419 - Lincoln National Life Insurance Co.AD&D/Life/LTD - September 2020 7,792.77 2372 EFT 09/11/2020 12016 - Evan Brooks Associates Grant Writing - WCB Public Access Full Proposal - DNC ADA 8/20 6,850.00 2387 EFT 09/11/2020 11665 - Waterways Consulting Alpine Road Trail Improvements - Design & Engineering - 2/23 - 4/22 6,049.38 2388 EFT 09/11/2020 *11118 - Wex Bank Fuel For District Vehicles 5,980.05 2384 EFT 09/11/2020 10152 - Tadco Supply Janitorial Supplies (RSACP)3,887.16 81390 Check 09/11/2020 10795 - Premier Termite Powderpost Beetle / Drywood Termite Fumigation - Gordon Ridge 2,455.00 2367 EFT 09/11/2020 *11799 - Aztec Leasing, Inc.Printer/copier leases - 6 machines - August 2020 2,326.07 2379 EFT 09/11/2020 11617 - MIG, Inc.LH Public Access Working Group Facilitation Services - July 2020 2,080.00 2378 EFT 09/11/2020 10190 - MetroMobile Communications Chargers for radios (6) / New radio mic for P94 / Radio for T27 1,719.76 81385 Check 09/11/2020 11075 - County of Santa Clara Dept. of Environ. Health Annual Environmental Health Permit 1,674.00 2386 EFT 09/11/2020 *10213 - Vision Service Plan-CA Vision Premium - September 2020 1,485.84 2381 EFT 09/11/2020 12107 - San Francisco Estuary Institute Stevens Creek Shoreline Nature Study Area Feasibility Study - July 2020 1,435.56 2382 EFT 09/11/2020 *10136 - San Jose Water Company Water Service (RSACP-EQ) (RSACP)1,401.09 2375 EFT 09/11/2020 12133 - Law Office of Alan Seltzer Level II Parking citation appeal services 1,350.00 2380 EFT 09/11/2020 12031 - Ray & Jan's Mobile Truck Service Service & Repairs - WT02, P07 1,260.00 2366 EFT 09/11/2020 11170 - Alexander Atkins Design, Inc.On-Call Graphic Design Services 800.00 81387 Check 09/11/2020 10287 - Grainger, Inc.PPE & Fall Protection Supplies / Safety Glasses / Air Gun Hose Extension 735.02 81381 Check 09/11/2020 12041 - A T & T Mobility (FirstNet)EOC Emergency Phones - July - August 2020 710.10 2373 EFT 09/11/2020 10187 - Gardenland Power Equipment Stihl Equipment Parts/Sharpening of Chainsaw Chains 641.25 2377 EFT 09/11/2020 10791 - LSA Associates, Inc.CEQA and Permitting Services for Alpine Rd thru July 2020 506.50 81388 Check 09/11/2020 11498 - Joanne Bond Coaching Executive Coaching 500.00 81382 Check 09/11/2020 10706 - Bay Area News Group (Mercury News)Bid - AO Renovation Project 474.75 2383 EFT 09/11/2020 10447 - Simms Plumbing & Water Equip., Inc.Repair Leak on Irrigation Line at Lobitos Ridge Farming Grounds 457.44 81392 Check 09/11/2020 10935 - Rice Trucking - Soil Farm Water Delivery at Toto - 8/18 371.01 81389 Check 09/11/2020 10189 - Life Assist 300 Face Masks 308.09 81391 Check 09/11/2020 *11526 - Republic Services Monthly Garbage Service - 16060 Skyline 299.52 2370 EFT 09/11/2020 11699 - Dakota Press Business Cards (2) M. Bower & A. Nuri, 500 ea.120.18 2369 EFT 09/11/2020 11042 - County of Santa Clara Office of the Sheriff Live Scan - July 2020 69.00 2368 EFT 09/11/2020 10170 - Cascade Fire Equipment Company Pumper Switch 51.37 81384 Check 09/11/2020 11089 - County of Santa Clara Clerk Recorder Conformed copy fees - Hacienda Park Parcel 10.00 172,864.53 *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 Electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase payment security, and ensure quicker receipt by vendors Abbreviations page 1 of 2 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLAIMS REPORT MEETING # 20-22 MEETING DATE: September 23, 2020 Fiscal Year to date EFT:56.55% 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 GP = General Preserve OSP = Open Space Preserve SAU = Mount Umunhum WH = Windy Hill page 2 of 2 R-20-103 Meeting 20-22 September 23, 2020 AGENDA ITEM 3 AGENDA ITEM Award of Contract for Project Management of Fire Resiliency and Fuel Reduction Work and Associated Biological Monitoring Services at Coal Creek Open Space Preserve GENERAL MANAGER’S RECOMMENDATIONS 1. Authorize the General Manager to enter into a contract with Overstory Land Stewardship for the base contract price of $62,627 to manage a project that will create and improve fuel breaks along existing open space roads and trails at Coal Creek Open Space Preserve. 2. Authorize a 10% contingency of $6,263 to be expended only if additional work is required beyond the base contract scope of work, for a not-to-exceed total contract of $68,890. SUMMARY The Coal Creek Fuel Break Project (Project) was unexpectedly added to the Fiscal Year 2020-21 Budget and Action Plan in July given the fortuitous opportunity to leverage $232,358 in Prop 68 grant funding to expand fuel management work at Coal Creek Open Space Preserve (Preserve). As a late addition to the Action Plan, outside project management assistance is needed to complete the Project by the grant deadline of May 31, 2021 given that internal supervisors and leads are fully resource loaded with other projects and priorities. As described in the grant application, the Project will be completed by California Conservation Corps (CCC) crews, one or more contractors (to be bid and awarded separately), and Midpeninsula Regional Open Space District (District) Land and Facilities Department staff. The Project will involve fuel reduction vegetation clearing along 2.4 miles of roads and trails that serve as emergency response and/or evacuation routes and also function as important fire lines in the event of a wildland fire. The total treatment area is approximately 47 acres. The FY21 amended budget includes sufficient funds for the recommended contract. DISCUSSION Background The project area follows important emergency access and/or evacuation routes at Coal Creek Open Space Preserve (Preserve) (see Attachment 1 – Project Location Map). Vegetation management along the Project’s 2.4 miles of roads and trails is intended to slow the spread of a wildland fire, aid in the suppression and control of a wildland fire, and/or reduce the impacts of wildland fire should one occur. Unnaturally excessive fuel loads are the primary factor that can be modified to alter the behavior of a wildland fire at the Preserve. The District works cooperatively with neighbors, fire agencies, and regional fire safe councils on fire prevention and R-20-103 Page 2 preparedness efforts. This Project site is identified as a High Priority Area in the “San Mateo- Santa Cruz Counties Community Wildfire Prevention Plan”. This Project site is also specifically identified by Division Chief-Forester II Rich Sampson with the San Mateo/Santa Cruz Unit of CalFire as a high priority. The Project will create a new fuel break (90% shaded fuel break and 10% non-shaded fuel break) within the Preserve. Vegetation will be reduced along the existing road and trail network that abuts adjacent private lands and the Cloud’s Rest neighborhood. Typically, tree limbs will be removed up to 10 feet above ground, dense small trees and brush will be thinned, dead trees may be removed, and some heavy brush patches will be masticated. This will create an approximately 100-foot wide strip centered on the road or trail to reduce the intensity of potential wildland fires to a level that firefighters can safely access the area and to allow the road and trail to act as a fire line. The project will protect the preserve and surrounding area from fires generated on private lands as well as protecting the Cloud’s Rest neighborhood. Terrain and property boundaries will vary the exact extent of the work. An outside project manager is required to ensure that the Project is completed in an environmentally sensitive manner consistent with the District’s Integrated Pest Management Program (IPMP). Much of the hand removal of vegetation using smaller equipment, including chainsaws and pole saws, will be done by CCC crews. District Land and Facilities staff or contractors will complete work using heavy equipment such as an excavator/skid-steer mounted masticator, trailer/track chipper, bucket truck, and wheel tractors with mowers. Small vegetation will be chipped or masticated on site. Some larger woody debris may be left lying on the ground away from roads and trails to provide habitat features for animals such as reptiles. Per the District’s ecologically sensitive vegetation management practices, invasive and/or non-native species treatment is prioritized during fuel reduction removal activities. A short segment of t-posts and broken wire will be also be removed to access the work area and reduce potential wildlife injury. Pending Board approval, Overstory Land Stewardship (OLS) will assist District staff in preparing bid documents and selecting the contractor(s). OLS will manage and coordinate work to be completed by the CCC, contractors, and Land and Facilities field staff. Participation in the Project will provide CCC crew members with a worthwhile and meaningful work experience as well as educational and enrichment opportunities, such as training on native plants, wildland fire behavior, climate change, and soil management and stabilization. Prop 68 grant funds ($232,358) will support the CCC crew for the project. District staff time, contractor costs, and CCC crew provisions will constitute the District’s required matching costs ($306,000) for the grant. Contractor Selection A Request for Qualifications and Proposals (RFPQ) was posted on the District’s website and BidSync on August 7. The initial deadline for submissions was August 28 by which date two submissions were received. The deadline was extended to September 4 to allow additional consultants to submit a proposal. Staff conducted additional outreach during the extended submission period. No additional proposals were received. District staff ranked proposals based on the quality of the proposal, including the consistency with the objectives, ability to demonstrate an understanding of the Project, fulfilling proposal requirements, and overall presentation. The proposal fees for the base contract were $62,627 and $119,911, respectively. R-20-103 Page 3 After a careful review of all the proposals, District staff determined OLS to be the most qualified and cost-effective consultant to manage the Project at a base contract fee of $62,627. In addition, the General Manager recommends a 10% contingency of $6,263 to be expended only if additional work beyond the contract scope of work is required to complete the Project, for a total not-to-exceed contract amount of $68,890. FISCAL IMPACT Total project costs are estimated at $538,358, to be partially funded by a $232,358 Prop 68 grant (R-20-94) and $306,000 in matching District funds. Grant funded work must be completed by May 31, 2021. Work associated with District funds will be completed by June 30, 2021. The FY21 amended budget includes $538,358 for the (61022) Coal Creek Fuel Break project. There are sufficient funds in the budget to cover the recommended action and expenditures. 61022 - Coal Creek Fuel Break FY21 Amended District Funded (Fund 10): $306,000 Grant Amount: $232,358 Total Budget: $538,358 Spent-to-Date (as of 09/03/20): $0 Encumbrances: $0 Overstory Land Stewardship Contract: ($62,627) Overstory Land Stewardship Contract Contingency: ($6,263) Budget Remaining (Proposed): $469,468 This recommended action is not funded by Measure AA. 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. Notice of the Project itself was previously provided to residents of the adjacent Cloud’s Rest neighborhood. CEQA COMPLIANCE The award of contract for professional services is not a project subject to the California Environmental Quality Act. The Environmental Impact Report (EIR) prepared for the District’s IPMP, which the Board approved on December 10, 2014 (R-14-148) and updated through an Addendum to the Final EIR (R-19-11), analyzed the vegetation management activities that would occur as part of the Coal Creek Fuel Reduction project. The mitigation measures and BMPs identified in the EIR are incorporated into the project. R-20-103 Page 4 NEXT STEPS Upon approval by the Board of Directors, the General Manager will execute an agreement with OLS to manage the Coal Creek Fuel Reduction Project. OLS will begin to work with the District to bid and award separate contractor work associated with implementation of the Project, which will be brought to the Board for approval if any individual contract exceeds $50,000. Attachment 1. Project Location Map Responsible Department Head: Julie Andersen, Interim Land and Facilities Manager Prepared by: Gordon Baillie, Interim Management Analyst II Craig Beckman, Skyline Area Manager Coty Sifuentes-Winter, Senior Resource Management Specialist Staff contacts: Gordon Baillie, Interim Management Analyst II Craig Beckman, Skyline Area Manager Coty Sifuentes-Winter, Senior Resource Management Specialist Graphics by: Nathan Greig, Data Analyst II CalTrans Vista Point P R I V A T E P R O P E R T Y R a ple y R a n c h R o a d Ridge Trail Charq uinTrail LosTra n c o s T r ail Pag e Mill T r a i l RidgeTrail Byp a s s T r a i l A l d e r S p r i ngTra il W h i t e Oa k Tr a il R i dge T r a i l H a w k Rid g e T r a i l Meado w Tr a i l AlpineRo a d A lpin e Roa d A l pineRoad Alpi n e Road Crazy P e t e ' s R o ad C r a z y P e te's Road Clouds Rest T r ail C o a l R o a d Skyline Blvd. Skyline Blvd. Page Mill RoadÄÆ35 ÄÆ35 C O A L C R E E K O P E N S P A C E P R E S E R V E L O S T R A N C O S O P E N S P A C E P R E S E R V E M O N T E B E L L O O P E N S P A C E P R E S E R V E R U S S I A N R I D G E O P E N S P A C E P R E S E R V E M i d p en i n su la Re g i onal Op e n S p a ce D i st r i ct (M id pe n) 9/4 /2 0 2 0 Coa l Cr eek F ir e Resil ienc y and F u el Re d uc ti on Pr oj ec t Path: G:\Projects\a_Districtwide\Fire_Maps\CC_FuelReduction\CC_FuelReduction_20200908.mxd Created By: ngreig 0 0.50.25 MilesI Midpen preser ves 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. Tr ail Pa ved r oad U np av ed s easonal road U np av ed all-season road Pr oject location Area of Detail ÄÆ84 ÄÆ82 ÄÆ84 ÄÆ35ÄÆ9 ÄÆ236 ÄÆ35 ÄÆ17 ÄÆ1 ÄÆ101 ÄÆ280 ÄÆ92 ÄÆ280 ÄÆ1 ÄÆ85 Redwood City San Carlos Belmont East Palo Alto Los Altos Mountain View Palo Alto Cupertino Saratoga Los Gatos Santa Clara Other protected lands Sh ad ed fu e l break D is c l in e B u il di ng Rev. 1/3/18 R-20-105 Meeting 20-22 September 23, 2020 AGENDA ITEM 4 AGENDA ITEM Second reading and adoption of the revised “Ordinance for Use of Midpeninsula Regional Open Space District Lands” GENERAL MANAGER’S RECOMMENDATIONS 1. Waive second reading, read by title only, and adopt the Ordinance for Use of Midpeninsula Regional Open Space District Lands. 2. Adopt the Bail Schedule as revised. SUMMARY Proposed updates to the Ordinance for Use of Midpeninsula Regional Open Space District (District) Lands and Bail Schedule were reviewed by the Board of Directors (Board) at a first reading on September 9, 2020 (see report R-20-100) with one minor grammatical change requested by the Board. Attachment 1 contains the final language of the ordinance proposed for adoption. Attachment 2 contains the final language of the bail schedule proposed for adoption. DISCUSSION During the first reading of the proposed Ordinance updates by the Board on September 9, 2020, one minor grammatical revision was requested and approved by the Board to correct a typo in the title of section 408.1, Permit Violations (to add a space between the words Permit and Violations). The attached updated Ordinance includes that revision. The Bail Schedule was reviewed at the same meeting and no changes were requested. The Ordinance is returning to the Board for a second reading and along with it, the General Manager recommends adoption of the Bail Schedule revisions. FISCAL IMPACT The District receives minimal revenue from the court fines. The newly added sections of the Ordinance are not anticipated to result in any notable fiscal impact. PUBLIC NOTICE Public notice was provided as required by the Brown Act. R-20-105 Page 2 CEQA COMPLIANCE No compliance is required as this action is not a project under CEQA. NEXT STEPS Pursuant to California Public Resources Code section 5547, the ordinance will be published in a newspaper of general circulation within 30 days after adoption. Staff will submit the updated Bail Schedule to the San Mateo and Santa Clara County courts for implementation. Attachments: 1. Ordinance for Use of Midpeninsula Regional Open Space District Lands 2. District Bail Schedule Additions to the District’s Bail Schedule Responsible Department Head: Matthew Anderson, Chief Ranger/Visitor Services Manager Staff contact: Brad Pennington, Area Superintendent, Visitor Services Ordinances/2020/20-01_OrdinanceUpdate 1 ORDINANCE NO. 2020-01 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING ORDINANCE NO. 93-01 REGARDING THE USE OF DISTRICT LANDS THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DOES ORDAIN AS FOLLOWS: SECTION ONE. Findings. A.Pursuant to Public Resources Code §5558, the Board of Directors of the Midpeninsula Regional Open Space District (District) hereby finds that adoption of this ordinance is necessary for the administration, governance, protection, and use of District lands and facilities, and is necessary and appropriate for the sage use of District lands by the public. B.The Board of Directors of the Midpeninsula Regional Open Space District further finds that the proposed ordinance is consistent with, and assists in implementing, the District’s Basic Policy Statement. SECTION TWO. Sections 100 through Section 808 of Ordinance 2020-01 are hereby adopted as attached in Exhibit A, a copy of which is incorporated herein by reference as though fully set forth. SECTION THREE. A copy of this ordinance shall be published at least once within thirty (30) days of adoption in a newspaper of general circulation in San Mateo and Santa Clara Counties and printed, published, and circulated in the District, and shall be effective from and after ______. The foregoing ordinance was introduced at a regular meeting of the Board of Directors held on September 9, 2020, and adopted as an ordinance of the Midpeninsula Regional Open Space District at a regular meeting of the Board of Directors held on September 23, 2020, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Jed Cyr, Secretary Board of Directors Karen Holman, President Board of Directors ATTACHMENT 1 Ordinances/2020/20-01_OrdinanceUpdate 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 ATTACHMENT 1 Page 1 of 20 ORDINANCE 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 23, 2020 CHAPTER I. DEFINITIONS SECTION 100. TITLE. The following regulations shall be known as “Ordinance for Use of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Lands” and may be referred to as “land use regulations.” SECTION 101. PURPOSE. This Ordinance is 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. 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. SECTION 103. DEFINITIONS. Unless the context otherwise requires, the following definitions shall govern the construction and interpretation of these regulations. SECTION 104. 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 105. 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. SECTION 106. JUVENILE DEFINED. A juvenile is defined as any person under the age of 18 years. ATTACHMENT 1 Page 2 of 20 SECTION 107. 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 108. 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 109. DESIGNATED AREA DEFINED. A “Designated Area,” is any location or trail on District lands where this Ordinance or a District rule, regulation, sign, or permit either allows a specific use or activity or prohibits or restricts a specific use or activity. SECTION 110. 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. SECTION 112. 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. SECTION 114. 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. SECTION 115. 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 116. BOARD DEFINED. “Board” means the Board of Directors of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. ATTACHMENT 1 Page 3 of 20 SECTION 117. 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). SECTION 119. LIVESTOCK DEFINED. “Livestock” are horses, cattle, sheep, pigs, or other animals kept or raised for profit, agricultural, or educational purposes. 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. A permit is required in order to hold, conduct, organize, or take part in any of the following: a) Any use or activity for which a permit is specifically required by this Ordinance or a District rule, or regulation; or b) Any use or activity that would restrict the use of any part of District Lands by members of the public or c) Any use or activity by an organized group of twenty or more people; or d) 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 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 ATTACHMENT 1 Page 4 of 20 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 The District may deny a request for a permit when the General Manager or 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. 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, 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. ATTACHMENT 1 Page 5 of 20 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. 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. 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. SECTION 402. BOATING. 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 ATTACHMENT 1 Page 6 of 20 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 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, 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. SECTION 405. SANITATION. 405.1 DISPOSAL OF EFFLUENT. No person shall deposit wastewater, 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. ATTACHMENT 1 Page 7 of 20 405.3 PROTECTION OF FACILITIES. No person shall place any bottle, can, cloth, rag, metal, wood, paper, stone, or other substances in any toilet or sink in such a manner as would interfere with the normal operation of such toilet or sink. 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, or direction of any District or other peace officer when that peace officer is performing his/her duties under any of the provisions of 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 on District Lands shall leave District Lands upon request made by any peace officer. No person who has left such lands after such a request may reenter any District Lands prior to opening on the following day. Violation of this sub- section is punishable as a misdemeanor. ATTACHMENT 1 Page 8 of 20 SECTION 408. ACTIVITIES REQUIRING A PERMIT. 408.1 PERMIT VIOLATIONS. No person shall hold, conduct, or organize a use or activity on District Lands 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. 408.2 FAILURE TO COMPLY WITH A PERMIT. No person issued a permit shall violate the terms or conditions of the permit. 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. Moved to section 200.5 SECTION 409. MISCELLANEOUS ACTIVITIES. 409.1 FIREWORKS. No person shall possess, place, 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, SKATEBOARDS 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-propelled or motorized scooter, a self-propelled or motorized skate board, or similar device ATTACHMENT 1 Page 9 of 20 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 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. No person shall possess, make, duplicate, cause to be duplicated, use, or attempts to make, duplicate, cause to be duplicated, or use, or has in their 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. 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’s designee 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. ATTACHMENT 1 Page 10 of 20 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 the direction of travel designated or signed to prohibit such use. 500.3 GATES. Any person opening a gate shall close the gate. 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 OPERATION OF BICYCLES. No person shall 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. ATTACHMENT 1 Page 11 of 20 502.3 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 American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC), or standards subsequently established by those entities 502.5 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. 502.6 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. 502.7 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 IN 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 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 ATTACHMENT 1 Page 12 of 20 not limited to wire brushes, scrapers, drills, or rock hammers on District Lands. except in a designated parking area, or with prior written authorization by the General Manager or the General Manager’s designee. SECTION 504. TRESPASS ON DISTRICT LANDS: 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 been designated or posted to prohibit off trail use. Violation of this section is punishable as a misdemeanor. 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 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 by 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 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 designee. ATTACHMENT 1 Page 13 of 20 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. No person shall engage in commercial activities on District lands, without prior written authorization of the General Manager or the General Manager’s designee. 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, or harm or attempt to hunt, pursue, molest, disturb, injure, trap, take, net, poison, 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 and only in compliance with applicable State laws. 700.3 CARRY OR POSSESS FISHING EQUIPMENT. 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, or harm or attempt to take, fish for, net, molest, disturb, injure, poison, collect, or harm any reptiles, amphibians, or mollusks living or dead, except by written permit. 700.5 COLLECTING INVERTEBRATES. No person possess, shall take, net, collect, poison or attempt to take, net, poison, collect, introduce, or release any invertebrates, living or dead, except by written permit. ATTACHMENT 1 Page 14 of 20 700.6 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 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. 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 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. 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. e) 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 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) NUISANCE DOGS. No person shall possess, allow or maintain 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. ATTACHMENT 1 Page 15 of 20 g) DOGS IN WATER AREAS. No person responsible for a dog shall allow said dog to enter any District Water Area unless it is 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 maintain 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, 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, except 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 except 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. 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. 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. ATTACHMENT 1 Page 16 of 20 702.3 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. Notwithstanding sub-sections 702.3, 702.4, and 702.6, special 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. 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. ATTACHMENT 1 Page 17 of 20 703.3 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 OF CONSTRUCTION OR MAINTENANCE TOOLS AND SUPPLIES. No person shall possess any tools used for construction or maintenance on District Lands, including but not limited to shovels, Mcleods, 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 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; ATTACHMENT 1 Page 18 of 20 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. Except 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 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. ATTACHMENT 1 Page 19 of 20 804.2 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. 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 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 place restrictions on who may enter, in the conduct of authorized activities or official duties, as the General Manager or the General Manager’s designee or an authorized representative may prescribe. No person shall, without written permission issued by the District, enter or remain in an area of District Lands or facility designated as a Temporary or Regular Closure area. 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 the 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 y without a written permit. 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. ATTACHMENT 1 Page 20 of 20 805.5 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. 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 the General Manager’s designee or an authorized representative. SECTION 807. SCATTERING OF CREMATED REMAINS 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. SECTION 808. AIRCRAFT & HELICOPTER OPERATIONS. 808.1 Except in the case of emergency or for search and rescue, or firefighting 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 Midpeninsula Regional Open Space District Updated September 23, 2020 SECTION Regulation Title 20 2 0 Ba i l Am o u nt Misdemeanor or Infraction FILE DIV RPT DOJ 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 404.1 Outdoor Fire Without permit $150 Misdemeanor Criminal N 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 407.5 Order to Vacate $150 Misdemeanor Criminal N 408.1 Permit Violations $150 Misdemeanor Criminal N 408.2 Failure to comply with a permit $35 Infraction Traffic N 408.3 Permit - Individual Participation $25 Infraction Traffic N 409.1 Use of/ possession of fireworks or explosives $150 Misdemeanor Criminal N 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 Bail Schedule For Ordinance for Use of Midpeninsula Regional Open Space District Lands Page 1 of 3 ATTACHMENT 2 Midpeninsula Regional Open Space District Updated September 23, 2020 SECTION Regulation Title 20 2 0 Ba i l Am o u nt Misdemeanor or Infraction FILE DIV RPT DOJ 501.2 Unsafe use - horses $100 Misdemeanor Criminal N 501.3 Carts/wagons without permit $50 Infraction Traffic N 502.1 Operation of Bicycle $75 Infraction Traffic N 502.2 Closed Areas $75 Infraction Traffic N 502.3 Unsafe operation - bicycle $150 Misdemeanor Criminal N 502.4(a)Helmets use required $25 Infraction Traffic N 502.4(b)Helmet possession required $25 Infraction Traffic N 502.5 Walk-only zone $35 Infraction Traffic N 502.6 Mechanical Operation $25 Infraction Traffic N 502.7 Bicycle Operation with headset/earplugs $25 Infraction Traffic N 503.1 Climb in Designated Areas only $50 Infraction Traffic N 503.3 Possession of climbing tools prohibited $50 Infraction Traffic N 504 Tresspass on District Lands $150 Misdemeanor Criminal N 505 Off Trail Use $150 Misdemeanor Criminal N 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 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 701.1(d)Extendable Leashes $35 Infraction Traffic N 701.1(e)Off-leash area - Leash possession required $35 Infraction Traffic N 701.1(f)Nuisance dog prohibited $75 Infraction Traffic N 701.1(g)Dog in water area $50 Infraction Traffic N 701.1(h)Dangerous Dog $100 Misdemeanor Criminal N 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 701.6 Abandonment of animals $50 Infraction Traffic N 701.7 Depositing of Animal Remains $35 Infraction Traffic N 701.8 Interference with Livestock $35 Infraction Traffic N 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 Page 2 of 3 ATTACHMENT 2 Midpeninsula Regional Open Space District Updated September 23, 2020 SECTION Regulation Title 20 2 0 Ba i l Am o u nt Misdemeanor or Infraction FILE DIV RPT DOJ 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 703.6 Scientifc Equipment $50 Infraction Traffic N 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 807.1 Unauthorized scattering of cremains - commercial $35 Infraction Traffic N 808.1 Unauthorized Aircraft or Helicopter Landing $100 Misdemeanor Criminal N Page 3 of 3 ATTACHMENT 2 R-20-106 Meeting 20-22 September 23, 2020 AGENDA ITEM 5 AGENDA ITEM Fiscal Year ending June 30, 2020 Annual Year End Report GENERAL MANAGER’S RECOMMENDATION No Board action required. SUMMARY Over the course of the last fiscal year, Midpeninsula Regional Open Space District (District) has accomplished major milestones and made considerable progress on the 113 Key Action Plan Projects. Of this total, 109 projects were approved as part of the Fiscal Year (FY) 20 Capital Improvement and Action Plan by the Board of Directors (Board) in June 2019, and 4 were subsequently added and approved during the fiscal year. The District fully completed or made considerable progress on 101 Key Action Plan Projects, or 89% of the 113 total projects, despite the COVID 19 pandemic and public health orders temporarily delaying progress on many projects due to shelter-in-place orders and shifting priorities to ensure preserves visitors and staff remain safe. A significant Vision Plan and Measure AA-funded project nearly completed last fiscal year was the Ravenswood Bay Trail connection at Ravenswood Open Space Preserve (opened to public access in July). A comprehensive list of notable accomplishments is captured in the FY20 Major Accomplishments Report (refer to Attachment 1). In addition, the Year-End Action Plan Review provides a status update for each key project at the end of FY20 and, if applicable, the reason(s) for any variance from the anticipated schedule (refer to Attachment 2). DISCUSSION Major Accomplishments Report: A comprehensive list of the major accomplishments for FY20 is included as Attachment 1. Accomplishments are captured in five categories: (1) Land Acquisition and Preservation; (2) Natural Resources Protection and Restoration; (3) Public Access, Education, and Outreach; (4) General/District-Wide Support of Mission; and, (5) Awards/Grants/Recognition. R-20-106 Page 2 The list includes major and notable projects and milestones that were completed or underway as part of the FY20 Action Plan, as well as unanticipated projects initiated during the fiscal year. Highlights of the major accomplishments are provided below.  Neared completion of a new 0.6-mile segment of the San Francisco Bay Trail with construction of a new boardwalk and bridge across sensitive bayland wetlands that closes a critical regional trail gap at Ravenswood Preserve creating 80 miles of continuous Bay Trail access (grand opening occurred in July 2020).  Completed final elements of the Phase I public access projects at Bear Creek Redwoods Preserve, including restroom construction, adjustments to the new ADA-accessible Upper Lake loop trail, and final parking area construction punch list items.  Purchased, exchanged or received gifts of 542.6 acres of open space lands valued at $12.668 million dollars, including the purchase of the 540-acre Gordon Ridge property as an addition to Tunitas Creek Preserve -- advances land conservation opportunities in Vision Plan Portfolio 32 to support additional watershed preservation and conservation grazing.  Made significant progress to bring new District office facilities on line for improved administrative functions and delivery of projects and services: • Worked closely with the Board to develop and complete 90% of the construction documents for the Administrative Office (AO) project (ahead of schedule). Started permit review with the City of Los Altos. Once complete, the AO project will house all AO staff, saving money on office rentals over the long-term and providing project delivery efficiency by facilitating increased staff collaboration and improved communications. • Selected the general contractor for the South Area Field Office, a new facility that will improve response and travel times for patrol and maintenance of south area preserves. Completed 50% of the construction work, including all demolition work, foundation repairs, exterior storm drain utility work, and utilities on the interior of the building shell. All work passed initial inspections.  In response to COVID-19: • Coordinated extensively to comply with and educate visitors on public health requirements, monitoring county health orders, and implementing preserve and facility closures as needed. Developed and installed signage and coordinated with public health officials and adjacent park agencies to keep preserves open and accessible to the greatest extent possible while ensuring public safety. Developed one-way trails for heavily used narrow trails. • Assisted partner agencies in developing communications toolkit on recreating responsibly, including public service announcements, press releases, graphics, videos, and social media messaging. Created Peninsula and South Bay regional open space and parks map with partners for use on BayAreaOutdoors.org website to promote safe recreation. • Developed timely and extensive safety protocols, processes, procedures, and trainings to limit the spread of COVID-19 and to keep the workforce and public safe. These efforts included securing and distributing personal protective equipment, setting up R-20-106 Page 3 all AO staff to work remotely, adjusting reporting locations and schedules to minimize contact for field staff, and ensuring staff follow health guidelines set forth by federal, state and local authorities. Year-End Action Plan Review: The FY20 Action Plan, for the period July 1, 2019 to June 30, 2020, was adopted by the Board at its Regular meeting on June 26, 2019 (R-19-82). Of the 113 Key Action Plan Projects, the District made considerable progress on 101 Key Action Plan Projects, or 89% of the total project list as shown in Table 1 below. Of these, the District completed the projected scope of work for 41 Key Projects, or 36%, as of June 30, 2020. A total of 60 Key Projects, or 53%, remain in progress, and the remaining 12 projects, or 11%, were deferred to FY21 or beyond, or cancelled. The two cancelled projects were determined to be unnecessary due to changes in circumstances (see Attachment 2, items 112 and 113 for more details). Compared to prior years, the District is in line with the percentage of action plan items completed and in progress. The District made progress on 89% of the total projects undertaken in FY20, compared to 89% in FY19, and 95% in FY18. While less action plan project scopes were completed this year, the District made progress on most of the action plan items considering unusual circumstances with the arrival of COVID-19 in 2020. Table 1 – Year-End Action Plan Project Status Project Status FY20 FY19 FY18 Total Total (%) Total Total (%) Total Total (%) Complete 41 36% 57 53% 60 46% In Progress 60 53% 38 36% 55 43% Deferred or Cancelled 12 11% 12 11% 14 11% Total 113 100% 107 100% 129 100% A total of 113 key action plan projects were adopted by the Board last fiscal year; 109 at the time of Budget and Action Plan adoption and an additional four (4) during the fiscal year. One of the projects added during the fiscal year was related to land acquisition; the Gallaway Property Purchase. Others include District Wide Fiber Optics, Tunitas Creek - Toto Ranch Driveway Improvements, and Parking Area Naming Conventions. Attachment 2 includes details on these project additions. FISCAL IMPACT The Annual Accomplishments report and FY20 Action Plan Year-End review have no fiscal impact on the FY21 budget. BOARD COMMITTEE REVIEW There was no prior Board Committee review for this agenda item. R-20-106 Page 4 PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE This item is not a project subject to the California Environmental Quality Act. Attachments: 1. Fiscal Year 2020 Major Accomplishments 2. Year-End Review of Fiscal Year 2020 Action Plan Key Projects Responsible Department Head: Ana María Ruiz, General Manager Prepared by: Mike Bower, Budget & Analysis Manager Elissa Martinez, Management Analyst II Lupe Hernandez, Management Analyst I Contact Person: Ana María Ruiz, General Manager Attachment 1 Midpeninsula Regional Open Space District Major Accomplishments Report July 1, 2019- June 30, 2020 Attachment 1 Page 2 FY20 MAJOR ACCOMPLISHMENTS Midpeninsula Regional Open Space District Mission Statement: To acquire and preserve a regional greenbelt of open space land in perpetuity, protect and restore the natural environment, and provide opportunities for ecologically sensitive public enjoyment and education. Coastside Protection Mission Statement: To acquire and preserve in perpetuity open space land and agricultural land of regional significance, protect and restore the natural environment, preserve rural character, encourage viable agricultural use of land resources, and provide opportunities for ecologically sensitive public enjoyment and education. The following accomplishments highlight the Midpeninsula Regional Open Space District’s (Midpen) focused efforts on a balanced mission — land acquisition and preservation; natural resources protection and restoration; public access, education and outreach; and for the Coastside, supporting local agriculture and preserving rural character. These extensive and varied accomplishments include major projects to expand public access to preserves, including completing the Ravenswood Bay Trail connection at Ravenswood Open Space Preserve. They also show extensive progress on resource restoration priorities; education and outreach to diverse visitors; collaborative conservation and educational partnerships with other organizations; and the ongoing operational requirements of preserving nearly 65,000 acres of public open space. On the San Mateo County Coast, accomplishments also include improving agricultural infrastructure to continue the conservation grazing program to protect coastal grasslands and preserving the Coast’s rural character and scenic open landscapes. In addition to completing projects on the land, Midpen has also placed significant effort in strengthening the administrative and organizational systems that are necessary to support our mission, now and into the future. COVID 19 had a major impact on project and program delivery. Field staff operations were limited to essential operations. All group events, permit, volunteer activities were cancelled. All construction activities were shut down or delayed. Many staff efforts were shifted to keeping preserves open as a haven for safe outdoor recreation which was one of the few outlets allowed for the public under shelter in place orders. Midpen saw record visitation levels through the end of the fiscal year and continuing currently. Field staff has been active managing increased use. Attachment 1 Page 3 All in all, FY20 was a busy, productive, and rewarding year! Much was accomplished and staff were able to shift gears and work to keep preserves open as an essential activity for public physical and mental health. LAND ACQUISITION AND PRESERVATION  Purchased, exchanged or received gifts of 542.6 acres of open space lands valued at $12.668 million dollars, including: • Purchase of the 540-acre Gordon Ridge property as an addition to Tunitas Creek Preserve -- advances land conservation opportunities in Vision Plan Portfolio 32 to support additional watershed preservation and conservation grazing. • Purchase of the 1.7-acre Chet Gallaway property as an addition to El Corte de Madera Creek Preserve -- advances land conservation opportunities in Measure AA portfolio 4 to support recreational trail access and water quality projects. • Received three Redwood Park gift parcels totaling 0.4 acres as part of Purisima Creek Redwoods Preserve. • Negotiated an exchange of easements that has secured public access over a portion of private property along a segment of the popular Kennedy Trail in the Sierra Azul Preserve.  Made significant progress working with San Mateo County and received County Planning Commission approval to amend the Local Coastal Program zoning and subdivision ordinances to ensure consistency between County regulations and the California Coastal Act as it effects public open space lands and provisions that support agricultural activities while also allowing public recreational uses. Efforts encompassed presentations and discussions at 14 public and community meetings, including the Farm Bureau, Agricultural Advisory Committee, Pescadero Municipal Advisory Committee and MidCoast Advisory Council.  Received board approval for the acquisition of the 151-acre Irish Ridge property, valued at $1.562 million dollars as an addition to Tunitas Creek Preserve. Completing the acquisition is contingent on San Mateo County approving a land division application.  Made significant progress on the acquisition of the 371-acre South Cowell Ranch upland property as an addition to Purisima Creek Redwoods Preserve. Completed due diligence studies and investigations. Proceeding with the potential acquisition in partnership with Peninsula Open Space Trust.  Made significant progress on the acquisition of the 182-acre San Jose Water Company inholding in El Sereno Preserve. Board approval is scheduled for July 2020. NATURAL RESOURCES PROTECTION AND RESTORATION  Continued natural resources protection and restoration projects in Bear Creek Redwoods Preserve, including: Attachment 1 Page 4 • Completed the Mud Lake improvements project, replacing the spillway and outlet, installing 115 linear feet of storm water swale improvements, replacing 200 linear feet of storm water culverts, and replacing a 60-foot long culvert under Bear Creek Road. A funding agreement between Midpen and the County of Santa Clara was executed in September 2019, reimbursing Midpen for the Bear Creek Road culvert replacement work. This project protects pond habitats, reconnects the pond to its natural stream, and protects Bear Creek Road from flood risks. • Began third year of targeted invasive species removal with partial funding from a five- year Valley Water grant. Treated select sites considered the most important and/or where plant life stage was most conducive to treatment. • Removed overgrown trees from a former Christmas tree farm and planted native trees to restore the site to a natural condition. • Completed site investigations and preliminary historic resource evaluations for an old landfill.  Completed third (and final) year of a stream gauge and sediment study at El Corte de Madera Creek Preserve to assess the effectiveness of erosion reduction projects completed under the preserve-wide Watershed Protection Program; findings have concluded a net reduction of sediment in important fishery streams – furthering the goals of the Program.  Monitored sensitive species populations to assess success of habitat restoration projects in La Honda Creek Preserve.  Completed numerous natural resource protection and restoration projects in Sierra Azul Preserve, including: • Year eight of a multi-agency coordinated monitoring effort to reduce mercury within the Guadalupe River watershed. • Final Cherry Springs Lake Infrastructure Operations Plan for the long-term maintenance of the Cherry Springs water system and lake water levels. • Invasive weed work at the Twin Creeks property to remove non-native invasive plants within a lush riparian corridor with perennial streams. • Invasive plant monitoring and management as follow-up work for the Hendrys Creek Land Restoration project to protect creek habitat, reduce sedimentation, and ensure the success of land restoration efforts.  Continued our partnership with the San Mateo County Resource Conservation District to conduct outreach and treatment of high-priority invasive plants on adjacent private properties, thus expanding citizen awareness and action to control invasive plants on private lands and also avoid re-infestation of adjacent, protected open space lands.  Continued the Highway 17 Wildlife and Regional Trail Crossings Project that will provide a safe wildlife corridor and a separate regional trail crossing across Highway 17. Attachment 1 Page 5 • Collaborated with partner agencies (Caltrans, Santa Clara County Parks, Valley Water, Bay Area Ridge Trail) to identify opportunities for a Highway 17 public trail crossing to close a major gap in the regional trail system. • Completed a feasibility study of potential trail routes for a future trail crossing. The study was reviewed by the public and agency partners. • Completed a Project Study Report and initiated the Project Approval and Environmental Document phase of work with Caltrans. • Hired consultant team to assist Midpen with California Environmental Quality Act (CEQA)/National Environmental Policy Act (NEPA) compliance and Caltrans documentation.  Provided support related to natural resource protection and restoration, including: • Updated the resource management chapter of both the Ranger Operations and Maintenance Operations manuals with information and guidance related to natural resources trainings, avoidance of special status species, wildlife response, conservation grazing, and other related topics. • Completed digitization of cultural resources files in a centralized, secure location and developed GIS and records systems to make data easily available for future project needs and assessments. • Made progress on creating a San Mateo County Vegetation Map: consultants delivered 6-inch ortho-imagery, 1-foot elevation contours, canopy height and canopy closure models, impervious surfaces and ladder fuels maps. These data improve scientific understanding of vegetation conditions and changes, allowing Midpen and adjacent agencies to better manage fire and fuel projects in the wildland-urban interface. • Monitored 17 ponds, streams, springs and other regulated aquatic sites where water is diverted for consumptive use. Completed annual report on use to the State Water Resources Control Board. • Developed and implemented sixth year of Invasive Pest Management Program activities to improve native habitats by removing invasive nonnative plants. • Provided annual training for staff and contractors on pesticide safety, the IPM Program and best management practices. • Implemented 20 new invasive species management projects, adding 12.9 acres to the 1,251 acres under active invasive species management. • Continued phytophthora research with Oregon State University regarding soil pathogens at restoration sites to protect native vegetation from the fungal disease. Waiting on the final report regarding phytophthora infestations on Midpen lands. Attachment 1 Page 6 • Continued sudden oak death research in partnership with UC Berkeley and the U.S. Forest Service to study distribution, spread, and treatment methodologies for the forest disease pathogen. • Completed surveys of the federally-threatened and state-endangered Marbled murrelet and surveyed additional sites (year one of two) at La Honda Creek Preserve. Purchased, deployed and began to analyze acoustic unit data. • Provided ongoing support (permitting, CEQA compliance, preconstruction surveys, construction monitoring) for priority Measure AA projects. • Managed 22 on-call biological consultants to support Midpen projects. • Actively participated in the Wildlife Society and attended the Western Section Wildlife Society Conference. • Collaborated with outside researchers to perform rare plants surveys and perform bird counts at multiple preserves. • Completed a third greenhouse gas inventory of administrative operations in support of Midpen’s Climate Action Plan, adopted in October 2018, to reduce in-house operational carbon emissions. • Entered into contract with San Francisco Estuary Institute to convene a multi- disciplinary Science Advisory Panel to conduct scientific review on key Midpen topics. The board selected the following three research topics for the panel to evaluate:  How can Midpen effectively and efficiently monitor changes in priority plant and animal populations at the landscape scale?  What are the visitation and recreational use benefits and trade-offs to fulfilling Midpen goals, including natural resource protection and ecologically- sensitive public enjoyment and education?  Review of cattle grazing benefits and impacts: • What is the net climate impact of cattle grazing (e.g., potential increase in soil carbon minus cattle methane emissions)? What are Midpen’s options, such as grazing regimes or dietary additives, to reduce emissions from cattle grazing? • What are the current scientific results on the effectiveness of managing grasslands and reducing fire risk with cattle grazing? • How does cattle grazing as a land management strategy compare to alternatives in achieving Midpen goals including climate protection and what are the trade-offs? • Completed a water rights investigation and a geotechnical study for the Toto Ponds Management Planning Project. Attachment 1 Page 7 • Completed first round of fall, winter and spring (limited) surveys for the Badger/Burrowing Owl Habitat Assessment Project, confirming presence of both species at various preserve locations.  Completed numerous resource agency permit streamlining efforts, including: • Drafted the program manual for the Programmatic Permitting Project in coordination with the Wildland Fire Resiliency Program that addresses species and resource considerations for routine maintenance, habitat restoration, and small-scale projects on Midpen lands. • Maintained strong relationships with U.S. Fish and Wildlife Service and California Department of Fish and Wildlife to support protected species recovery work.  Completed projects that support Midpen’s conservation grazing program, including: • Third year of adjudication compliance monitoring and actions to improve water use and management of San Gregorio Creek. • Completed key steps for the Russian Ridge Preserve Mindego Pond Improvements Project: construction documents, basis of design, Integrated Pest Management Plan, and vegetation management plan. Received a grazing exemption from the San Mateo County Resource Conservation District, a Section 404 permit from the U.S. Army Corp of Engineers, and a Section 401 Permit from the Regional Water Quality Control Board. Construction of the pond repairs is planned for the fall 2020. • Held agricultural producer site tours with the Board and a public agency workshop to gather information to update Midpen’s agriculture policies. Held stakeholder and public meetings to further refine the proposed Grazing Management Policy Amendment, which will be brought to the Board in fall 2020. • Developed the scope of work for the Purisima Creek fence construction project, completed the bid process, and awarded a contract; work to begin summer of 2020. • Completed a virtual bid process for the Upper La Honda Creek Grazing Infrastructure Project and awarded a contract for construction; work to be completed by late 2020. • Completed repairs to part of the spring system at Big Dipper Ranch. • Completed the Toto Ranch barn roof and perimeter fence repairs at Tunitas Creek Preserve. PUBLIC ACCESS, EDUCATION AND OUTREACH  Neared completion of a new 0.6-mile segment of the San Francisco Bay Trail with construction of a new boardwalk and bridge across sensitive bayland wetlands that closes a critical regional trail gap at Ravenswood Preserve that will create 80 miles of continuous Bay Trail access. • Kicked off the Ravenswood Bay Trail project with a community celebration that recognized the work of dozens of partners. Attachment 1 Page 8  Assisted the City of East Palo Alto in further developing the adjacent Cooley Landing Park by funding habitat restoration work led by Grassroots Ecology to install native plants trail junctions and a native plant trash screen near the parking area.  Continued progress on Phase 2 public access projects at Bear Creek Redwoods Preserve, improvements included: • Completed restroom construction, adjustments to the new ADA-accessible loop trail, and final punch list items as part of the Bear Creek Redwoods Parking Area construction. Submitted a Notice of Completion to the county for this completed project. • Submitted a complete permit application for the Bear Creek Stables Repairs to the County of Santa Clara and confirmed water demands for fire protection for the site. • Received permits from Santa Clara County for removal of select dilapidated structures at the preserve and successfully bid and awarded the work, which is scheduled to occur in the fall of 2020. The site cleanup is a critical step for opening the area located east of the new parking lot to public access by removing public safety hazards. • Completed the Phase 2 Trail feasibility analysis, basis of design document, preliminary design for new trail structures, protocol botanical surveys, and a cultural/biological resources report in preparation for upcoming trail construction in the northeastern area of the preserve to open this area to public access.  Made further progress to convert an old roadbed for recreational trail access known as the Alpine Trail in Coal Creek Preserve, including completion of 65% design documents, an alternatives analysis report, geotechnical investigations and report, wetland and riparian delineation, and botanical surveys and report. Drafted the environmental compliance document, which will soon be released for public comment. Executed a memorandum of understanding with the County of San Mateo regarding the potential transfer of road alignment to Midpen for future management and maintenance.  Completed Phase 3 and 4 of the new Oljon Trail connecting Steam Donkey to the Springboard Trail, including final construction and restoration work associated with the Watershed Protection Program at El Corte de Madera Creek Preserve. • Celebrated completion of the Oljon Trail project with public ribbon-cutting event that included community partners and user groups.  Continued efforts to open additional areas of La Honda Creek Preserve to the public, including: • Formed a Public Access Work Group with constituent representative(s) from each ward and two Board liaisons to identify new, viable parking area and trailhead options to open the central area of the preserve to public access. Held seven working Group meetings between August 2019 and March 2020. The Working Group Attachment 1 Page 9 recommendations are scheduled to be presented to the Planning and Natural Resources Committee in July 2020. • Completed a site assessment and basis of design analyzing four different management options for two structures in the preserve. Given the condition of the structures, the Board selected to stabilize the White Barn structure as a landscape and cultural feature for interpretive purposes and remove a Redwood Cabin that has fallen to greater disrepair while salvaging as much of the wood as possible. • Received grading and resource management permits for the Lower La Honda Creek Phase 2 Loop Trails from the County of San Mateo. Completed biological, cultural and wetland reports and provided them to appropriate resource agencies.  Developed and promoted a dog waste program at Windy Hill, Pulgas Ridge, Thornewood, and Fremont Older preserves. Installed dog waste receptacles and signing at high-use preserves that open to dogs. Tracked the effectiveness of the program, which significantly reduced the amount of dog waste left on trails and at trailheads.  Completed final bridge construction and revegetation along the Stevens Creek Nature Trail in Monte Bello Preserve.  Collected traffic data for the Multimodal Access Study at Rancho San Antonio Preserve to inform future options for improving parking issues, promoting greener modes of transport, and reducing parking impacts to visitors and adjacent communities, improving the overall preserve visitor experience. Conducted intercept and online surveys of visitors. Implemented short-term solutions such as designating a curbside area for rideshare drop-off/pick-up, installing three bicycle racks, and promoting new bicycle racks on social media platforms.  Completed project design, started permitting process with County of Santa Clara, and issued a construction bid request for structural repairs and improvements of the Deer Hollow Farm White Barn at Rancho San Antonio Preserve.  Completed Phase 3 plant restoration at the Mount Umunhum Summit at Sierra Azul Preserve. Midpen volunteers and contractors installed 1,085 nursery plants. A contractor continues to maintain the site, watering and weeding around the newly established plants.  Presented project goals and programming options for the Beatty Property Parking Area and Trail Connections at Sierra Azul Preserve to the Planning and Natural Resources Committee. Completed onsite field reconnaissance and preliminary assessment of nearby parking facilities. Held consultations with Santa Clara County Parks and Valley Water regarding proposed parking and trail development and permitting requirements. Met with stakeholders to inform the scope of a newt crossing study for Alma Bridge Road.  Partnered with City of Saratoga to fund the design and construction of the Saratoga-to-the- Skyline Trail. City completed 50% of trail construction work and drafted interpretive signs. Attachment 1 Page 10 This partnership project fulfills Midpen’s goal for a regional trail connecting Saratoga to the existing Skyline-to-the-Sea Trail and local trail systems.  Replaced the decking and installed new railings on the Purisima Creek Bridge at Purisima Creek Redwoods Preserve.  Completed multiple district-wide actions in support of public access goals, including: • Produced and published quarterly outdoor activities schedules, which are included in the Open Space Views newsletter, to promote naturalist-led docent hikes and rides. • Outdoor Activity Docents provided over 135 guided interpretive activities for public enrichment (serving approximately 1,300 participants). • Hosted a series of eight hikes for the public in partnership with Latino Outdoors at eight different preserves, reaching 151 participants. • Researched and tested eight online reservation system platforms and three online payment options. Decided on best option and developed workflow and functionality requirements. Worked with database consultant to develop a report system that will generate appropriate audit documentation. Created desktop guide for process workflow. • Hosted informational booths at 18 community outreach events, providing information about Midpen preserves and programs to the public. • Sent out 18 press releases on Midpen projects and activities resulting in dozens of stories in various local media outlets to continue informing the public of recent events. • Continued ongoing partnerships with local volunteer-based organizations, including Village Harvest, Grassroots Ecology, the Student Conservation Association and Morgan Autism Center, to increase public participation in natural resource management and trail stewardship activities. • Volunteers contributed nearly 1,600 hours of natural resource management, special project and trail patrol activities, supporting Midpen’s land stewardship and public outreach goals. • Actively participated in the Peninsula Working Group's diversity, equity and inclusion efforts to evaluate protocols and program development to expand Midpen’s volunteer program outreach to diverse audiences. • Provided opportunities for the public to connect to Midpen's mission with over 100 staff-led volunteer projects for the general public and special request groups (scouts, schools, environmental clubs). • Opened the Daniels Nature Center in Skyline Ridge Preserve every weekend from July through mid-November 2019. Hosted and engaged 1,300 adult visitors and 330 children during visits to the facility. Attachment 1 Page 11 • In fall 2019, eight new Outdoor Activity Docents completed their training and were ready to provide school field trips for spring 2020. • Advanced Resource Management Stewards volunteers contributed over 650 hours at their assigned resource management project sites, helping to restore native habitat across Midpen preserves. • Planned, scheduled and coordinated environmental education field trips with Outdoor Education Docents and local schools, including: six fall 2019 and one spring 2020 Spaces & Species field trip for third through fifth grades (approximately 440 students), and five Redwood Ecology & Climate Change high school field learning excursions (in partnership with Save the Redwoods League; approximately 170 students). An additional 1,100 students participated in field trips to Monte Bello, Los Trancos, and Windy Hill preserves in partnership with Environmental Volunteers. • Hosted the annual Volunteer Recognition Event at Sierra Azul Preserve to honor and thank our volunteers and docents for their hard work in support of Midpen’s mission, which was attended by over 225 volunteers, Board members, and staff. • All rangers completed Certified Interpretive Guide Training to enhance interpretation skills for activities and presentations, and received certification through the National Association of Interpretation. A group of rangers have performed interpretive activities and have created programming that can be used by other rangers. • Developed scope and methodologies of Phase 2 of the Visitor Counter Estimation Project and hired an intern to implement the project. The intern installed eight additional counters at all significant entrances to Rancho San Antonio Preserve to capture total visitation. The intern also installed 13 other counters at other preserves to begin gathering the data needed to estimate preserve visitation. • Issued 2,105 permits for a variety of activities, including research work, public use of the backpack campground, and group hiking events. • Completed assessment of current radio communications system, including improving coverage in preserve areas and for projected new lands. Recommendations will be presented to the Board this fall. • Completed review of the Ranger Operations Manual for legality, consistency, and formatting that will presented to Management and the Field Employees Association this fall. • Completed review of Midpen’s land use ordinances and bail schedule. Board review and approval of changes to the ordinance is scheduled for fall of 2020. • Completed the recruitment, hiring, and onboarding of two new positions (Interpretation Specialist and Environmental Education Specialist) in the Interpretation and Education Program, to enable the expansion and enrichment of interpretive and educational programs. Attachment 1 Page 12 • Regraded and repaired multiple roads and trails district-wide for improved drainage and cleared downed trees. • Explored opportunities with regional partners to expand trail connectivity on the Peninsula through continual participation in the Peninsula Working Group Trails Committee, Bay to Sea Trail Planning Coalition, Santa Cruz Mountains Stewardship Network Trails Committee and Dumbarton Rail Corridor Stakeholder Advisory Group. • Facilitated a public presentation in collaboration with partners and agencies (Bay Area Ridge Trail Council, San Francisco Bay Trail, SF Public Utilities Commission, San Mateo County Parks, Peninsula Open Space Trust, Facebook and City of Palo Alto) on regional trails within the San Francisco Peninsula. • Signed a letter of intent to work on the Bay-to-Sea Trail partnership project with Peninsula Open Space Trust and a planning coalition comprised of San Francisco Public Utilities Commission, San Mateo County Parks, Coastal Conservancy, Coastside Land Trust, cities of Half Moon Bay and Redwood City.  Developed a public engagement plan to develop a public access site plan for the Hawthorns property addition to the Windy Hill Preserve. Retained a planning consultant to assist with project planning due to staffing shortage. Prepared a virtual tour for Board members in preparation for future activities in 2020 and 2021.  Implemented a District-wide strategic communications plan, including realigning public affairs departmental workflow to match Action Plan and project delivery flow and incorporating stories about how Midpen cares for public lands to help audiences understand why Midpen’s work matters.  Completed benchmark survey research to collect baseline data assessing public awareness of Midpen and understanding of mission, work and messaging. Results indicated that of the 58% of residents who are aware of Midpen, most view the agency favorably. Upon learning more about Midpen’s mission and work, 91% of respondents reported a favorable view of Midpen.  Celebrated five years of Measure AA accomplishments through communications effort that included direct mail, social media posts, fact sheets, display signage and newsletter articles.  Garnered record-high participation in Annual Photo Contest through successful online promotion and outreach. GENERAL/DISTRICTWIDE SUPPORT OF MISSION  Made significant progress on the Climate Action Plan implementation project. Purchased offsets for Midpen air travel in 2019, upgraded most office lighting to LEDs, and purchased two electric motorcycles for ranger use. Avoided approximately 54 tons of carbon dioxide emissions from employee commutes between March 16, 2020 and June 30, 2020 due to telecommuting during shelter-in-place orders. With additional actions in Fiscal Year 2020-21, Midpen is on target to meet the goal of reducing our operational footprint to 20% below 2016 baseline levels by 2022. Attachment 1 Page 13  Continued work to prevent and prepare for wildland fires in response to the increasing fire threat in California: • Released a Notice of Preparation of an Environmental Impact Report, provided a public Scoping Meeting, and received public comment on the developing Wildland Fire Resiliency Program. • Cleared vegetation for fire safety and public access along roads and trails and maintained defensible space/fire clearance around Midpen-owned structures. • Received City of Palo Alto approval for the removal of fire-prone eucalyptus trees and completed the revegetation site plan at Los Trancos Preserve. Trees are schedules to be removed in September 2020. • Secured vegetation mapping data allowing Midpen and adjacent agencies to better manage wildland-urban interface fire and fuel projects. • Drafted Windy Hill and Pulgas Ridge preserves Fire Response Preplans to prepare Midpen and adjacent neighbors for a fire emergency. Completed field verification for five additional preserves.  Continued implementation of critical Financial and Operational Sustainability Model Study recommendations to enhance Midpen’s delivery of Measure AA and Vision Plan projects, including: • Continued development of Midpen’s Work Order and Asset Management System. The Natural Resources department is now integrated into this system, providing a streamlined approach to track California Department of Fish and Wildlife notification statuses and review of internal Midpen work. The American with Disabilities Act (ADA) Transition Plan barrier removal data is now centralized within the system as well, providing a simple way to track and report on progress through a user-friendly dashboard. • Selected and installed a Real Property database software that integrates with Midpen’s existing enterprise GIS technology. Conducted thorough data review to ensure complete and accurate mapping of all historic land acquisitions. • Purchased a Budget Management Software application and completed the configuration to streamline the annual budget development and management processes, and support budget collaboration between Midpen business lines, providing a robust planning and reporting tool. • Completed an audit of Midpen’s website content and functionality, researched new event registration system and selected a vendor for the website redesign and migration project. • Implemented Microsoft Teams, enabling Midpen staff to continue collaborating remotely. Teams has played a vital role in Midpen’s ability to continue functioning Attachment 1 Page 14 during shelter-in-place orders by facilitating virtual meetings, receiving tremendous usage. • Redesigned SharePoint sites to increase usability and migrated multiple departments and a subset of agency files to these sites. • Deployed a new Electronic Wildlife Observation Form as part of a suite of enterprise GIS applications to report, review and manage wildlife observations, allowing staff to quickly respond to mountain lion sightings and other special status species reports.  Made significant progress to bring new Midpen office facilities online for improved administrative functions and delivery of projects and services: • Worked closely with the Board to develop and complete 90% of the construction documents for the Administrative Office project. Started permit review with the City of Los Altos. Once complete, the AO project will house a majority of staff, saving money on office rental over the long-term and providing project delivery efficiency by housing all administrative staff in one location to promote increased staff collaboration and improved communication. • Selected the general contractor for the South Area Field Office, a new facility that will improve response and travel times for patrol and maintenance of south area preserves. Completed 50% of the construction work, including all demolition work, foundation repairs, exterior storm drain utility work, and utilities on the interior of the building shell. All work passed initial inspections.  Retrofitted 95% of preserve entry stiles to comply with ADA barrier width limits for improved accessibility at entry/exit locations.  Completed the basis of design for the Mt. Umunhum Radar Tower Repairs and presented options to the Board in November 2019. The Board selected the long-term repair option and approved the development of construction documents for the selected scope of work. Design is 65% complete.  Completed Mt. Umunhum Road Traffic Study Project, which included the installation of paved bicycle turnouts, repairs to roadside drainage scupper, curb repairs, the application of shared-lane markings, and installation of a solid double yellow centerline. Midpen crew also installed additional road safety signs and markers.  Completed repairs to multiple Midpen-owned residences, some of which house rangers and maintenance staff who provide onsite, after-hours monitoring of the preserves. Work included completion of major repairs to the main and “old house” at the former Bergman residences in Russian Ridge Preserve.  Participated in the Management Talent Exchange Program (MTEP) by hosting an exchange participant from the County of San Mateo. MTEP is an innovative program that fosters talent by providing participants with experiences working for three months at a Attachment 1 Page 15 different agency. The participant prepared white papers on regional trails opportunities and climate resiliency.  Initiated website redesign project to upgrade the content management system underlying the openspace.org website and reorganize site for increased usability.  In response to COVID-19: o Coordinated extensively to comply with and educate visitors on public health requirements, monitoring county health orders, and implementing preserve and facility closures as needed. Developed and installed signage and coordinated with public health officials and adjacent park agencies to keep preserves open and accessible to the greatest extent possible while ensuring public safety. o Assisted partner agencies in developing communications toolkit on recreating responsibly, which included public service announcements, press releases, graphics, videos and social media messaging. Created Peninsula and South Bay regional open space and parks map with partners for use on BayAreaOutdoors.org website to help promote safe recreation. o Developed timely and extensive safety protocols, processes, procedures and trainings to limit the spread of COVID-19 and to keep the workforce and the public safe while Midpen continued to work through the pandemic. These efforts included securing and distributing personal protective equipment and collaborating with staff to meet health guidelines set forth by federal, state and local authorities. o Developed a COVID-19 health check web application that streamlines daily reporting of self-health checks for staff, increasing staff and public safety during the pandemic. o Provided technology tools to allow Midpen staff to continue being productive at home. Conducted dozens of trainings and created numerous on-demand training videos and how-to documentation materials. Streamlined support for remote users and conducted backend system upgrades to allow remote district-wide connections. The telework experience has resulted in 100% uptime. o Implemented a cloud based e-signature application to electronically route and sign documents and contracts. This service allows staff to continue processing documents while telecommuting. o Updated the preserve guide map series to reflect current information on COVID- 19 restrictions, closures, and messaging, including the addition of wide trails (6+ feet) and one-way routes to promote social distancing. The digital map files were provided to the public via Midpen’s website, as well as the Avenza Maps and OuterSpatial mobile apps. Attachment 1 Page 16 o Significantly expanded social media footprint to quickly, efficiently and effectively share safety regulations and trail condition information. AWARDS/GRANTS/RECOGNITION  Completed seven successful grant applications totaling $6,528,211: • $2,895,000 from the California Natural Resources Agency in support of the Phase 2 Trail Improvements, Alma Cultural Landscape Rehabilitation, and Ponds Restoration and Water Rights projects at Bear Creek Redwoods Preserve. • $1,960,000 from the California Natural Resources Agency for the Gordon Ridge Property Land Conservation project at Tunitas Creek Preserve. • $700,000 from Caltrans for the Ravenswood Bay Trail Connection project at Ravenswood Preserve. • $301,000 from the State Coastal Conservancy in support of the Purisima-to-the-Sea Trail & Staging Area Feasibility and Planning project at Purisima Creek Redwoods Preserve. • $272,211 from the County of Santa Clara in Stanford Recreation Mitigation Funds for Alpine Road Regional Trail at Coal Creek Preserve. • $200,000 from the County of Santa Clara Parks and Recreation Department’s Historic Grant Program for the Alma Cultural Landscape Restoration Plan at Bear Creek Redwoods Preserve. • $200,000 from the California Department of Parks and Recreation’s Habitat Conservation Fund in support of the Mindego Pond Improvement project at Russian Ridge Preserve.  The Grantmaking Program distributed $100,000 to three organizations in support of local environmental education programs.  Received the Distinguished Budget Presentation Award from the Government Finance Officers Association for the fourth year in a row.  Received the Operating Budget – Excellence Award from the California Society of Municipal Finance Officers for the second time in a row (Operating Budget – Meritorious Award was received years prior).  Applied for the Outstanding Financial Reporting Award from both the Government Finance Officers Association and the California Society of Municipal Finance Officers for the Consolidated Annual Financial Report (third year) and Popular Annual Financial Report (second year).  Received the 2019 Municipal Information Systems Association of California Technology Innovation Award for SharePoint Project Central: An Innovative Project Management System. Attachment 1 Page 17  Received the prestigious California Society of Municipal Finance Officers Innovation Award for SharePoint Project Central: Implementation and Benefits of a Project Management System.  Received the Leadership in Technology Award from the Special Districts West for Project Central and mobile technology integration.  Received the Talent Action Program Award from the California-International City Managers Association (Cal-ICMA). This award is for overall excellence in attracting and recruiting and developing talent by the Human Resources department. FRONT COVER PHOTO CREDITS Top (L to R): Monte Bello Preserve by J. Lucas Ingram/Midpen; Stevens Creek Shoreline Nature Study Area by Gary Brauch; Russian Ridge Preserve by Kristin Moore Bottom (L to R): Purisima Creek Redwoods Preserve by Travers Flynn; Ravenswood Preserve by Mike Kahn/Midpen; Rancho San Antonio Preserve by Douglas Croft YEAR-END REVIEW OF FY20 ACTION PLAN KEY PROJECTS ATTACHMENT 2 Project Name FY20 Scope Status Project Number FY20 Adopted Project Scope Reason for Project Scope Variances or Delays Land Acquisition and Preservation 1 District-wide purchase options and low-value Land Fund Complete Land Fund Unanticipated purchase of open space lands and low-value land purchases under the General Manager’s purchasing authority such as small parcels, public trail easements, or patrol and maintenance access easements. 2 Twin Creeks Land Conservation Complete MAA23-007 Continue Vegetation Rapid Assessment, invasive and rare plant surveys. Create IPM plan for high priority plants, and review long-term bat management (scope is a continuation of work related to the acquisition). 3 Gordon Ridge Property Land Conservation Complete VP32-002 Pursue land purchase partnership opportunity to protect the Lower San Gregorio watershed and preserve local agriculture as an addition to Tunitas Creek Open Space Preserve. 4 Gallaway Property Purchase Complete (Added Mid-Year) MAA04-001 ADDED MID YEAR Pursue Trail Connections between Upper Area of La Honda Creek and El Corte de Madera Creek Open Space Preserves. 5 Cal-Water Land Exchange, Teague Hill Preserve In Progress 20125 Pursue land exchange agreement with Cal Water to improve trail connections between Huddart Park and Teague Hill Open Space Preserve, and support the protection of the Bear Creek watershed. Waiting on Cal Water to provide their revisions to the Letter of Intent. 6 Lot Line Adjustment and Property Transfer - Purisima Upland In Progress MAA03-001 File record of survey map with the County of San Mateo to finalize the land transfer.Record of Survey prepared and submitted to San Mateo County for review. Delayed due to vacant County Surveyor position and COVID disruption of County services. 7 Purisima Upland Site Clean up and Soil Remediation Assessment In Progress MAA03-002 Complete site cleanup and begin restoration efforts. Implement roads as identified by erosion assessment. Bidding and construction are not yet complete because of County permitting time line and recently discovered rare popcorn flower along the construction access road that requires a plan to protect the sensitive plant species. 8 Irish Ridge Connection In Progress MAA15-004 (formerly VP32- 001) Submit lot line adjustment to the County of San Mateo. Assess land conservation, regional trail connections and natural resource values. Purchase property. Purchase of 151-acre Irish Ridge property conditioned upon approval of land division application and San Mateo County Local Coastal Program zoning and subdivision amendments application. 9 Miramontes Ridge Land Conservation In Progress VP01-001 In partnership with POST, complete lot line adjustment in preparation for purchase of Johnston Uplands property. Purchase property and enter into grazing lease. The Johnston Ranch Uplands purchase is contingent upon the San Mateo Co. LCP text amendments and approval of a land division application. 10 South Cowell Upland Land Conservation In Progress VP03-002 In partnership with POST, submit lot line adjustment to the County of San Mateo. Assess land conservation, regional trail connections and natural resource values. Evaluate site for staging and trail access. Begin development of a conservation grazing plan. The South Cowell Ranch Uplands purchase is contingent upon the San Mateo Co. LCP text amendments and approval of a land division application. 11 Upper San Gregorio Land Conservation In Progress VP08-001 Complete purchase of Woodruff Creek property in Upper San Gregorio Creek Watershed. Continue to pursue Mindego Creek purchase opportunities. Purchase of 190-acre Woodruff Redwoods property was completed in June 2019. Working with neighbor on alternative access easement; progress on the easement delayed due to COVID-19. 12 Cloverdale Ranch Land Opportunity In Progress VP13-001 Complete existing conditions assessment, develop preliminary land and resource management goals and develop a public outreach plan for the Cloverdale Ranch property. Outreach to existing farm tenants, neighboring property owners and Lake Lucerne water users delayed due to COVID. 13 Watershed Protection Opportunity - Numerous Open Space Preserves In Progress VP15-003 Pursue land purchase opportunity to protect the Los Gatos Creek, Guadalupe, and Saratoga Creek watersheds. Entered into Letter of Understanding with SJWC on 12-23-2019 for collaboration on watershed and open space lands, including potential purchase of an El Sereno inholding and cooperation on the Wildlife and Ridge Trail crossings of Highway 17. 14 El Sereno Trails, Wildlife Corridors and Land Conservation In Progress VP19-001 Continue to negotiate with property owners to provide property rights for wildlife and trail corridors. Conduct site analysis, gather support on connections, and coordinate with Santa Clara County Parks. In progress as of June 30, reached agreement in principal on purchasing 182-acre El Sereno inholding with SJWC (approval of purchase occurred in July). 15 El Sereno Land Conservation In Progress VP19-002 Pursue trail easement or lot line adjustment for trail connection to Sanborn County Park. Discussions with Quint family on hold due to COVID 19. Land Acquisition and Preservation Page 1 of 8 YEAR-END REVIEW OF FY20 ACTION PLAN KEY PROJECTS ATTACHMENT 2 Project Name FY20 Scope Status Project Number FY20 Adopted Project Scope Reason for Project Scope Variances or Delays 16 SCVWD Exchange Agreement at Rancho de Guadalupe Area of SAOSP In Progress VP24-002 Complete exchange agreement with SCVWD to support repairs to the Guadalupe Reservoir Dam and construction of the Rancho de Guadalupe parking lot at Pheasant and Hicks Road. SCVWD redirected their attention to the Anderson Dam rebuild project, deferring this project. 17 Sierra Azul Loma Prieta Land Conservation In Progress VP25-001 Pursue land purchase opportunity in upper Herbert Creek and along the Loma Prieta ridgeline. Discussions ongoing with real estate agent for Loma Prieta Road property owner. 18 Redwood Forest Land Opportunity Deferred VP15-001 Pursue purchase opportunity in Oil Creek at Long Ridge Open Space Preserve.Boy Scouts are not interested in selling their Oil Creek watershed property at this time. 19 Highway 17 Land Conservation Deferred VP20-002 Negotiate purchase of property to implement the Highway 17 Trail Crossing Project.Acquisition of private property is currently deferred as the property owner is not interested in selling at this time. 20 Sierra Azul Rancho de Guadalupe Land Conservation Deferred VP24-001 Pursue new land purchase opportunities as they become available.No opportunities this year. 21 Lower San Gregorio Creek Watershed Land Conservation Deferred VP39-001 Continue to pursue partnerships to protect water resources and agricultural lands in the Lower San Gregorio watershed, including survey of riparian corridor, and drafting of a conservation easement for the riparian area. Deferred while POST worked on a grant proposal with NRCS. Natural Resource Protection and Restoration 22 Cherry Springs Lake Infrastructure Operations Plan Complete 80056 Complete operational plan. 23 Climate Action Plan Implementation Complete 80057 Coordinate year one implementation of greenhouse gas emission reductions as part of the adopted Climate Action Plan (e.g. alternative commute incentives, purchase of electric maintenance equipment, LED lighting in field offices, and carbon offset purchases). Additional CIAP projects are underway to support Climate Action Plan Implementation. 24 Marbled Murrelet Recovery Planning Complete 80060 Oversee La Honda Creek surveys by consultant (year two of two) and additional sites surveyed by consultant (year one of two). Staff conduct surveys and purchase, deploy and analyze acoustic units. 25 San Mateo County Vegetation Map Complete 80063 Collaborate with partners to complete vegetation map by collecting and processing data. 26 Wildland Fire Resiliency Program Complete 80003-10 Develop Wildland Fire Program description. Begin CEQA documentation. 27 Wildlife updates to Maintenance and Ranger Operations Manuals Complete Coordination Purposes Only Update manuals for worker safety and to incorporate new policies. 28 Wildlife Corridor: Highway 17 Crossing Complete MAA20-001 Complete Project Study Report (PSR) and initiate Project Approval and Environmental Document (PAED) with Caltrans. 29 Bear Creek Redwoods - Ponds Restoration and Water Rights Complete MAA21-008 Continue to coordinate with regulatory agencies for permits. Once permits are in hand, start construction of culvert and site improvements. Continue mitigation implementation. 30 Bear Creek Redwoods Tree Restoration Complete MAA21-012 Oversee contractor(s) to implement tree removal and mitigation plantings. Natural Resource Protection and Restoration 31 Hendry's Creek Property Land Restoration Complete MAA22-001 Implement Phase II plant installation, maintenance, and monitoring. Continue implementing California Department of Fish and Wildlife permit conditions and annual monitoring/reporting to regulatory agencies. 32 El Corte de Madera Creek Watershed Protection Plan Sediment Science Complete VP04-002 Survey sediment in pools as part of year three of work. 33 Los Trancos - Page Mill Eucalyptus Removal In Progress 61008 Continue tree removal and site restoration.Project delayed until Sept 2021 to conduct additional public / stakeholder outreach and notification due to the large number of tree removals. 34 Badger/Burrowing Owl Habitat Assessment In Progress 80054 Continue assessment study to inform next phases of the project, including development of management recommendations. Project delayed due to (Shelter in Place) SIP limiting ability of consultants to perform fieldwork during the required survey period (March-May). Page 2 of 8 YEAR-END REVIEW OF FY20 ACTION PLAN KEY PROJECTS ATTACHMENT 2 Project Name FY20 Scope Status Project Number FY20 Adopted Project Scope Reason for Project Scope Variances or Delays 35 IPM Implementation of Santa Clara Valley Water District Grant In Progress 80065 Oversee contractor to implement IPM on high priority weeds in riparian areas at three preserves. Partially delayed due to SIP during the time period of most intense work. 36 Programmatic Permitting In Progress 80034-44 Prepare and submit permit applications to the Army Corps of Engineers, USFWS (through the Corps), State Historic Office of Preservation (through the Corps), SF Regional Water Quality Control Board, and, potentially amend existing permits with the California Department of Fish and Wildlife. In progress, permit application submittal delayed to support greater internal review of permit information. 37 Agricultural Policy Review and Development In Progress Coordination Purposes Only Conduct a Board study session and approve new Agricultural Policy language.Initiated project and began workshops with partners and tours with Board. Due to public interest and delays in Grazing Policy Amendment project, elected to defer work on Agricultural Policy until the Grazing Policy work is complete. 38 Archaeological Resource Survey, Assessment, Curation In progress Coordination Purposes Only Conduct archaeological surveys to record known unrecorded and discovered sites. Assess, catalog and curate District collections. Limited progress due to reduced capacity from key staff retirement. 39 Formation of Science Advisory Panel In Progress Coordination Purposes Only Convene quarterly meetings of the panel.Research delayed to allow for revisions to scope and budget. 40 Grazing Management Policy Amendment In Progress Coordination Purposes Only Work through new policy as incidents occur. Hire a researcher to determine effectiveness of deterrents. Implement deterrent methods. Policy adoption was deferred to fall 2020 to in an effort to provide opportunities for in person engagement (if allowable under county orders) due to public interest. Given extended length of public health order restrictions, the project will move forward with online public meetings in fall 2020. 41 Phytophthora Research In Progress Coordination Purposes Only Retain consultant to develop BMPs and contract language for the District.District is awaiting on final report from Oregon State University regarding phytophthora infestations on District lands to inform further actions. 42 Purisima Creek Fence Construction, Purisima Creek Redwoods In Progress MAA03-003 Complete construction of a new boundary fence on eastern property line per survey.Bidding process delayed due to SIP, virtual bid process developed and completed. Bids received and contract awarded to vendor, work beginning FY21. 43 Upper La Honda Creek Grazing Infrastructure In Progress MAA05-002 Clean and repair existing springbox and connect water line to a cattle trough in Pasture 3 and Pasture 4 of McDonald Ranch. Includes bio monitoring. Project delayed due to SIP, virtual bid process completed and contract awarded to ECAST Engineering to complete project. Construction work has begun, anticipate completion end of August Natural Resource Protection and Restoration 44 Russian Ridge Mindego Pond Improvement In Progress MAA09-003 Complete design, permitting, and construction of pond improvements.The project design and permitting schedules delayed by six months to address unanticipated geotechnical findings in the Upper Springs berm and spillway. Due to this delay the project plans and permits were unable to be finalized before the end of the seasonal restriction period (August 15 through October 31). 45 Bear Creek Redwoods Preserve Plan: Invasive Weed Treatment and Restoration In Progress MAA21-007 Complete year three of invasive weed management in all areas.Partial completion; many invasive plant site treatment areas did not get completed due to SIP restrictions. 46 Bear Creek Redwoods Landfill Characterization and Remediation In Progress MAA21-010 Prepare remediation plan, regulatory review, permitting, and CEQA review.Limited progress due to reduced capacity from key staff retirement. 47 Restoration Forestry Demonstration Project In Progress VP15-002 Complete CEQA review of the La Honda Creek Forest Management Plan.In progress; Forest Management Plan field data gathering delayed due to COVID-19. 48 Lower San Gregorio Floodplain Restoration In Progress VP15-004 Complete conceptual design and cost estimation for floodplain restoration.Deferred until acquisition project is advanced. 49 Toto Ponds Management Planning Deferred VP32-003 Investigate and apply for water rights and develop bridging documents.Project was determined not to be a good fit for design-build and shifted to a design-bid-build project. Field work in spring 2020 could not be completed due to SIP. Public Access, Education, and Outreach 50 Regional Trails Planning and Coordination Complete Coordination Purposes Only Address District's regional trail priorities in regional trail and partner projects led by other agencies and entities. Participate in regional trails discussions and evaluate opportunities for regional trail connections to preserves. 51 Cooley Landing Interpretative Facilities Design and Implementation Complete MAA02-001 Complete habitat restoration work. Page 3 of 8 YEAR-END REVIEW OF FY20 ACTION PLAN KEY PROJECTS ATTACHMENT 2 Project Name FY20 Scope Status Project Number FY20 Adopted Project Scope Reason for Project Scope Variances or Delays 52 El Corte de Madera Oljon Trail Implementation Complete MAA04-004 Complete final project phase by decommissioning a portion of Steam Donkey Trail. 53 La Honda Creek White Barn Structural Rehabilitation Complete MAA05-008 Complete site assessment, geotechnical investigation, archaeological survey, structural stabilization design and biological monitoring. 54 La Honda Creek Redwood Cabin Stabilization and Assessment Complete MAA05-009 Complete site assessment, geotechnical investigation, archaeological survey, structural stabilization design and biological monitoring. 55 Rancho San Antonio - Deer Hollow Farm - White Barn Rehabilitation Complete MAA11-002 Conduct CEQA review. Complete design and initiate construction work, with biomonitoring and bat deterrent (if needed). 56 Lysons Dispositions at Monte Bello Complete MAA17-002 Finalize permits, complete demolition and restore site. 57 Stevens Creek Nature Trail Bridges, Monte Bello Complete MAA17-004 Finish construction and continue biomonitoring, revegetation reseeding, and plant maintenance. 58 Saratoga-to-Sea Regional Trail Connection Complete MAA18-002 Continue to provide technical and financial support. Anticipate City desires to complete design and start permitting in FY2019-20 to prepare for first phase of construction (trail work) in FY2019-20 and second phase of construction (bridge construction) in FY2020-21. Public Access, Education, and Outreach 59 Bay Area Ridge Trail: Highway 17 Crossing Complete MAA20-002 Once Caltrans has reviewed the PSR developed by Midpen and consultants, initiate Project Approval and Environmental Document (PAED) with Caltrans. Review preferred project under CEQA (and potentially NEPA to qualify for federal funding) following outcome of Caltrans documentation review. 60 Mount Umunhum Summit Restoration, Parking, and Landing Zone Complete MAA23-004 Purchase and install native plants in Phase III of Mount Umunhum Summit. Install signage at summit. 61 Highway 17 Area Regional Trail Connections Complete VP20-001 Pending the outcome of the selected Highway 17 Regional Trail Crossing location, begin development of conceptual trail alignment. Initiate environmental review. 62 Traffic Study for Mt. Umunhum Road Complete VP23-002 Implement selected signage, striping, and pavement improvements. 63 Purisima Creek Redwoods Bridge 1 Redecking Complete VP33-001 Complete redecking. 64 ADA Barrier Removal In Progress 31901 Initiate first round of barrier removals.In progress; 95% of stiles retrofitted to be ADA compliant and some of the field restroom door closures adjusted to be ADA compliant. AO work not completed due to other COVID-19 retrofit work at AO. 65 Website Redesign In Progress 40011 Update current website structure and design and migrate website to updated Drupal 8 platform. Project always intended as a two-year project; adopted scope did not correctly reflect the multi-year work plan. All planned work for year one was completed. FY21 work includes redesign and migration to Drupal 8 platform. On schedule for new site launch in Q4 FY21. 66 Preserve Use Survey Implementation In Progress Coordination Purposes Only Begin implementation of Preserve Use Survey recommendations: Nature Center web camera; increase restroom servicing during high use seasons and as needed; implement program to improve dog waste compliance (pending Board approval); enrich and increase interpretive and educational programming as staff capacity increases; include easy access trails in new access projects such as Bear Creek Redwoods Preserve; and use junction numbering on new trails to improve wayfinding. Multi-year project FY20 scope completed except for interpretation and educational program expansion and Nature Center Camera, which is also listed as a separate project. Expansion of interpretation and educational programs was severely curtailed due to COVID as most existing programming was cancelled due to prohibitions on gathering. 67 Stevens Creek Trail Signage In Progress Coordination Purposes Only Coordinate with Friends of Stevens Creek trail on design and installation of new trail signage for designated Stevens Creek trail route(s) on District lands. Installation of trail signs delayed to provide more time for other jurisdictional agencies to review and comment on the trail sign design. Friends of Stevens Creek Trail are completing 1:1 meetings with each jurisdictional agency within the Stevens Creek Trail. Once 1:1's are completed, an interagency meeting will be held to discuss the specifics of the trail signage. Once signage has been approved, we can proceed with ordering and installing signage. Page 4 of 8 YEAR-END REVIEW OF FY20 ACTION PLAN KEY PROJECTS ATTACHMENT 2 Project Name FY20 Scope Status Project Number FY20 Adopted Project Scope Reason for Project Scope Variances or Delays 68 Ravenswood Bay Trail Design and Implementation In Progress MAA02-002 Complete construction and open trail. Begin site mitigation planting.Project was substantially completed and trail opened to the public on July 17; slight delay was due to 1 month COVID-19 project suspension. Remaining tasks include decomposed granite shoulders, striping, signage and fencing. 69 Hawthorns Public Access Site Plan and CEQA In Progress MAA06-002 Continue coordination with Town of Portola Valley on permitting and community engagement process on proposed Alpine Road trail widening and site plan development. Initiate CEQA process. Begin work on biological assessments, parking area, and trail alignment. Following portions of project delayed due to project manager out on leave and SIP orders: board site tours of property; individual stakeholder outreach; and meetings with Town of Portola Valley. Public Access, Education, and Outreach 70 Lower La Honda Creek Phase II Loop Trails In Progress MAA07-011 Submit permits and design trails for Master Plan Trail 6–La Honda Creek Loop Trails. Pending board approval, develop signage and brochures. Concurrently, perform pre- planning and field investigations for opportunities and constraints associated with potential trail routes that would connect from the La Honda Creek Loop Trails in the south. Key deliverable is a summary of conceptual trail route options that would connect to the central portion of the preserve, and would be used for future trail assessments and design in FY2020-21. Other trail connections are pending identification of a new parking area in the preserve. County building permit not yet approved due to extended permitting timeframes related to SIP. Construction delayed (likely until May 1, 2021) to allow for Special Projects crew to support the SFO Crew on essential tasks that would normally be performed by Seasonal Open Space Technicians (SOSTs). Most SOST positions were not filled in order to promote required social distancing in the field. 71 Alpine Road Regional Trail, Coal Creek In Progress MAA10-001 Work with the County of San Mateo on MOU and future transfer rights. Continue design and construction work, with biomonitoring and county permitting assistance. Work with the County of San Mateo to secure Measure K funding. The CEQA schedule was slightly delayed due to SIP. The IS/MND, originally scheduled for release in late Spring 2020, is in draft form and should be released for public comment in late summer 2020. Measure K funds are unavailable from San Mateo County due to COVID-19 funding needs. Santa Clara County approved Stanford mitigation funding for the project. These funds were allocated to San Mateo County projects and made available to the District through a recommendation from San Mateo County that was issued to Santa Clara County. 72 Bear Creek Redwoods Water System In Progress MAA21-003 Implement final Board approved decision for Bear Creek Redwoods Stables water infrastructure improvements. The project was on hold to allow the Stables design to progress to the point where water demand could be confirmed. 73 Bear Creek Stables Site Plan Implementation In Progress MAA21-004 Implement final Board-approved decision for Bear Creek Redwoods Stables site plan improvements. Project plans are being developed to represent current board direction. SIP extended the plan development by the consultant and postponed the initial county permit submittal while the County developed an online permit submission protocol. 74 Bear Creek Redwoods Public Access In Progress MAA21-005 Fulfill mitigation requirements (tree farm restoration), and submit final construction payments for new parking lot, continue bat mitigation, construct Upper Lake overflow and pond stair access and submit permit application for Phase II Undercrossing Project. The Upper Lake Overflow was moved to FY20-21 to be completed with the Alma Cultural Landscape project and is being moved to MAA21-006. The pond stair access has been cancelled due to concerns of public safety and potential impacts to habitat. Phase II Undercrossing postponed due to capacity constraints. 75 Bear Creek Redwoods - Alma College Cultural Landscape Rehabilitation Project In Progress MAA21-006 Complete construction documents and obtain demolition/building permits; release RFB and award construction contract; complete bat deterrence and hazardous material abatement; begin structure demolition, mothballing, and site improvements. Continue to develop interpretive materials, complete Preservation Maintenance Plan. Final building permit was not issued due to ongoing negotiations with the County regarding permit conditions. Demolition work postponed to September 2020 due to COVID-19. 76 Phase II Trail Improvements, Bear Creek Redwoods OSP In Progress MAA21-011 Staff will work with a consultant team to evaluate and design improvements for a portion of the Bear Creek Redwoods Phase II trail network. This includes the Briggs Creek Trail, Alma College Loop Trail, Stables Loop Trail, and a segment of the multi-use trail. Road and trail improvement construction delayed slightly due to SIP. Construction by Special Projects Crew slightly delayed since the Crew was supporting FFO on essential tasks normally completed by Seasonal Open Space Technicians (SOSTs). Most SOST positions were not filled in order to promote required social distancing in the field. Project is overall on schedule Page 5 of 8 YEAR-END REVIEW OF FY20 ACTION PLAN KEY PROJECTS ATTACHMENT 2 Project Name FY20 Scope Status Project Number FY20 Adopted Project Scope Reason for Project Scope Variances or Delays 77 Beatty Parking Area and Trail Connections In Progress MAA22-004 Continue environmental review and preliminary permitting. Initiate schematic design development. Based on PNR Committee feedback from the January 14 meeting, staff revised the conceptual design options to present to PNR Committee on August 4, 2020. While the milestone was to seek PNR recommendations for a conceptual design option to forward to the Board for their review and approval to initiate environmental review, PNR recommended placing the project on hold due to the newts mortality concerns on Alma Bridge Road to allow the newt study to proceed first. 78 La Honda Creek Parking and Trailhead Access Feasibility Study (former Red Barn Site Plan) In Progress VP05-002 Scope pending outcome of Parking Feasibility Study. Form a working group (see Public Access Working Group) and conduct a preliminary assessment of alternate sites for a parking area and trailhead. In progress and almost complete as of June 30. Presentation of PAWG recommendations delayed when PNR meeting moved from April to July due to SIP order. Public Access, Education, and Outreach 79 Rancho San Antonio (RSA) Multimodal Access Study In Progress VP11-001 Complete study, then prioritize solutions and next steps. Implement initial short term measures to address high priority demand. Implementation of short term measures ongoing. Access Study in progress - completing internal review of draft reports for the access study. Delays due in part to SIP and additional review time needed to accommodate requested report revisions. Staff to present the results of the study to PNR in September. 80 Parking Area Naming Conventions In Progress (Added Mid-Year) Coordination Purposes Only N/A Multi-year project, delayed due to staff on scheduled leave. 81 Cooley Landing Site Use Agreements Deferred Coordination Purposes Only Work with the City of East Palo Alto and other local agencies on establishing a site-use and access agreement. Adjust East Palo Alto’s current access easement to follow the center of the drive instead of the southern edge of the parcel. Deferred due to changes in East Palo Alto Staff and lack of capacity given reprioritizations of workload brought on by COVID. 82 Cooley Landing Park Business and Operation Plan Deferred VP38-001 Partner with City of East Palo Alto to complete development of a business and operating plan for Cooley Landing Park. On hold pending prioritization by East Palo Alto, as project driver. Due to resource constraints, the City has requested to delay developing a business operations plan for their Education Center. Infrastructure (Vehicles, Equipment, Facilities) and Other 83 Administrative Office (AO) Facility Complete 31202 Complete design development, initiate environmental review, start construction documents, and manage tenants. 84 South Area Field Office Complete 31601 Secure permits, select contractor and initiate construction. 85 Historic Resources Policy Development Complete 31902 Conduct Board study sessions, obtain Board input on development of new policy language as appropriate 86 Budget Management Software Complete 50004 Select a vendor and implement system. 87 Work Order & Asset Management System Complete 51701 Refine system for Land and Facilities department. Phase I Natural Resources Implementation: Design, build, and pilot one business workflow that allows Natural Resources to review and approve Land and Facilities services work orders. 88 Real Property Database Complete 51703 Select a vendor and begin implementation. 89 Russian Ridge - Bergman Residences Reconstruction Complete 61009 Complete Phase III of residence upgrades. 90 Toto Barn Roof Repair Complete 61012 Complete repairs to barn roof. 91 Toto Ranch Perimeter Fence Repair Complete 61013 Complete repair, coordinating with a biomonitor for oversight of the project. 92 Citation Management System Complete Coordination Purposes Only Scope a citation management solution. Page 6 of 8 YEAR-END REVIEW OF FY20 ACTION PLAN KEY PROJECTS ATTACHMENT 2 Project Name FY20 Scope Status Project Number FY20 Adopted Project Scope Reason for Project Scope Variances or Delays Infrastructure (Vehicles, Equipment, Facilities) and Other 93 SharePoint - Document Management System Complete Coordination Purposes Only Continue effort in building out the Districts SharePoint platform on Office 365. 94 Mt. Umunhum - Radar Tower 2nd Assessment Complete VP23-001 Complete assessment, obtain Board approval on scope of work (future costs beyond FY2019-20 to be determined) and begin construction documents. 95 Sierra Azul Ranger Residence In Progress 35004 Begin design, permitting, and construction.Delay due to a shift in the project location. Project location was initially identified at the Twin Creeks property. However, this site was deemed infeasible due to high cost estimate. A new and improved site, the current South Area Outpost on Pheasant Road, was subsequently identified as the site for the new ranger residence. Currently conducting a more detailed assessment of the existing structure. 96 Big Dipper Ranch Spring Work, Skyline Ridge In Progress 61006 Complete repairs to the water system.Delayed due to SIP/construction restrictions. Work has since restarted. 97 Toto Ranch Well Drilling and Construction, Tunitas Creek In Progress 61010 Complete permitting and construction of well and water system.Delayed due to SIP limiting permit processing by San Mateo County. 98 Install Solar Panels at Skyline Field Office In Progress 61011 Research and install solar panels at the Skyline Field Office.Delayed while staff determined best contracting approach and coordinated on a design-build process. 99 Radio System Assessment and Upgrade In Progress 65407 Research options for radio improvements. Begin assessments of radio systems and process of additional FCC licenses and communications sites. Create design and recommendations for upgrade. Begin to develop a request for proposals. Presentation to the Board on options for radio system improvements at the end of FY20 was delayed due to COVID 19, anod now scheduled for FY21. Years 2 and 3 of the project are deferred until FY22 to reduce the FY21 budget due to the economic forecast. Scope in future years includes developing the technical design and specifications of the new system, releasing an RFP for procurement and installation, vendor selection, build and ship, installation, testing, and final cleanup, cutover, and final acceptance. 100 Basic Policy Update In Progress Coordination Purposes Only Update policy.Staff initiated internal discussions on the Basic Policy and San Mateo Coastal Service Plan policies. Delayed due to reduced capacity related to COVID. 101 Emergency/Disaster Preparedness Response and Recovery Plan In Progress Coordination Purposes Only Conduct a review of agency policies and develop a comprehensive District-wide Emergency/Disaster Preparedness, Response and Recovery Plan. Documentation progress itself was interrupted by urgent Business Continuity Plan execution in response to COVID-19 SIP orders. 102 Nature Center Web Camera In Progress Coordination Purposes Only Complete installation and connectivity.Delayed due to COVID-19 construction restrictions. 103 Records Management In Progress Coordination Purposes Only District staff will begin to digitize and clean up files.In-person trainings for staff were cancelled due to SIP. Additional time was required to reschedule and setup virtual trainings. Due to technical difficulties during training days, 1.5 departments had yet to complete training (most departments completed the training on time). Follow-up training was scheduled for August 5. 104 San Mateo County Master Permit In progress Coordination Purposes Only Work with San Mateo County to define types of covered activities under the Master Permit and the public review and approval process for the Master Permit. Begin preparation of permit application. Identified public review and approval process. Working with County Planning staff to define covered activities. Progress was delayed due to SIP orders. 105 Vehicle and Machinery/Equipment Purchases In Progress Vehicles Purchase five replacement vehicles, five additional vehicles, a skip loader, and a mowing tractor. Two vehicles received and outfitted for staff use. SIP delayed production and three vehicles ordered in FY20 will be delivered in FY21. Infrastructure (Vehicles, Equipment, Facilities) and Other 106 Agricultural Workforce Housing - La Honda Creek In Progress VP07-002 Finalize design and secure permits; begin construction. Secure County farm labor Housing loan. Biomonitoring to be performed. Delayed in part due to modified project scope from building a new house to repairing an existing house and SIP restrictions that limited coordination with consultant and County. Page 7 of 8 YEAR-END REVIEW OF FY20 ACTION PLAN KEY PROJECTS ATTACHMENT 2 Project Name FY20 Scope Status Project Number FY20 Adopted Project Scope Reason for Project Scope Variances or Delays 107 District Wide Fiber Optics In Progress (Added Mid-Year) 51702 N/A This project is nearing completion, but there is still a one-mile section on Page Mill Road that needs to be installed. Due to recent California fires, PG&E increased restrictions on using their poles. Many original poles could not be used, resulting in changes in the alignment. New alignment required new permits and easement agreements. 108 Tunitas Creek - Toto Ranch Driveway Improvements In Progress (Added Mid-Year) 61001 N/A Project delayed due to project manager retirement and reevaluation of priorities. Re- evaluating scope of project. Will initiate permitting and CEQA process in FY21. 109 Russian Ridge - Quam Residence Driveway Improvement Deferred 61002 Complete driveway improvements. Biomonitoring to be performed. Midpen to determine whether to complete improvements to Quam residence based on add- alternate bids received for this section of the driveway. Project deferred due to capacity shortage. In FY21, staff will evaluate disposition of Quam residence and associated driveway extension (either repair lower Quam driveway or remove residence). 110 South Area Outpost Driveway Repaving Deferred Coordination Purposes Only Complete driveway repaving.Deferred until new South Area Field Office in Campbell is ready and structural analysis of residence (current SAO) is completed. Driveway work will be incorporated into future residence repairs. 111 Hawthorns Historic Complex Partnership and Lease Deferred VP06-001 Review proposed rehabilitation and reuse proposal with Planning and Natural Resources Committee and Board. Potential partners indicated they are no longer interested in reuse of the property. Project scope will shift to evaluate and implement short term measures to prevent deterioration of the Hawthorns house. 112 Radio Replacement for Ranger Staff and Patrol Vehicles Cancelled 65406 Replace 40 portable and 40 mobile radios with dual-band radios with trunking capabilities. Repurpose old radios to be used by administrative and maintenance staff. To help defer cost of this upgrade, research the availability of grants and consider selling some of the surplus units. Project canceled given that a work-around solution was discovered during the research phase of the project. 113 Legislative Initiatives Cancelled Coordination Purposes Only Work on county/local permit exemption legislation and Phytophthora regulation.Permit Exemption legislation: Upon further review by Board, project was cancelled in favor of more targeted, local efforts that do not require legislation. Phytophthora regulation: Southern California nurseries actively opposed legislation and convinced bill author to abandon effort for 2019. Page 8 of 8 R-20-104 Meeting 20-22 September 23, 2020 AGENDA ITEM 6 AGENDA ITEM Authorization to enter into a Funding Agreement with Peninsula Open Space Trust to conduct a Newt Mortality and Population Study along Alma Bridge Road in collaboration with partners. GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to enter into a Funding Agreement and contribute $150,000 for Peninsula Open Space Trust and partner agencies to conduct a Newt Mortality and Population Study from October 2020 to June 2021. SUMMARY In November 2017, Midpeninsula Regional Open Space District (District) staff were notified by a District trail patrol volunteer about ongoing high newt mortality observations (numbering in the hundreds) along Alma Bridge Road near Sierra Azul Open Space Preserve. To date, over 11,000 dead newts have been documented by volunteers on Alma Bridge Road since monitoring began in 2017. A more detailed summary the newt mortality issue was recently reported to the Board in an FYI on July 8, 2020. In light of the newt mortality observations, Peninsula Open Space Trust (POST) began to work with a consultant biologist in 2018 to analyze volunteer- collected data. Recent discussions with key landholding partners determined the need for further study that builds on existing community science data to better understand the issues and provide scientific-based findings to help generate significant funding contributions for construction and maintenance of major roadway modifications to protect the newt population. POST has agreed to lead the newt study with assistance from partner agencies. This study will fill data gaps relative to the number of adult newts attempting to cross Alma Bridge Road to breed in Lexington Reservoir and the percentage killed by vehicular strikes during a single breeding season. The study will also evaluate potential long-term mortality impacts on the local newt population and timing of peak newt movement. POST will contribute $25,000 to the study. A consulting biologist will manage the study and either the consulting biologist or a qualified biologist from one of the partner agencies paired with volunteers (to reduce overall study costs) will conduct daily field operations. A net zero budget adjustment within the Natural Resources General Fund operating budget is planned for Quarter 1 of the fiscal year to set aside sufficient funds for this partnership project. DISCUSSION Background California newt (Taricha torosa) and rough-skinned newt (Taricha granulosa), closely related species, are both present in the Los Gatos Creek watershed. Both species have been identified among roadkill on Alma Bridge Road. Neither of these newt species have special protection in R-20-104 Page 2 this area, however the California newt is listed as a California Species of Special Concern in the southern portion of its range (Monterey County and south), which does not include Santa Clara County or District preserves. The rough-skinned newt has no special protection. Peninsula Open Space Trust (POST) began to work with a consultant biologist in 2018 to analyze existing volunteer data. This analysis found a substantial number of adult newts killed on the road during the 2018-2019 breeding season, a concentration of mortality along a few road segments, and the need for additional study to estimate the adult newt breeding population size and associated percentage at risk of being killed by vehicle strikes. Since 2019, the Audubon Society and Loma Prieta Chapter of the Sierra Club have actively engaged with the Santa Clara County Board of Supervisors and the District Board of Directors (Board) requesting action to reduce newt mortality on Alma Bridge Road. County Roads has installed numerous newt crossing signs on Alma Bridge Road. They have also indicated that road closures during newt breeding season are not feasible and stated that County Parks will educate park users about newt crossings. On January 14, 2020, the District held a Planning and Natural Resources Committee (PNR) meeting for the Beatty Parking Lot and Trail Connections Project (Beatty Project) located along Alma Bridge Road. PNR heard concerns about ongoing newt mortality on Alma Bridge Road (R-20-07). Staff addressed these concerns by revising the parking area design to reduce the footprint and changing the operation to only allow seasonal access to prevent impacts to newts crossing Alma Bridge Road during their migratory breeding season. The revised project scope was presented at the August 4, 2020 PNR meeting (R-20-83) where the PNR advised staff to place the Beatty Project on hold until further work to address the newt mortality can be conducted (1 year proposed for the newt study; 2 to 4 years anticipated for design and implementation of road improvements) (refer to the September 23, 2020 Board FYI for more details). In August 2020, newt advocacy groups (Audubon and Sierra Club) and researchers (University of California Davis Roadkill Ecology Center and US Geologic Survey (USGS)) put forth a proposal to the Wildlife Conservation Board (WCB) to plan and design a newt crossing area on Alma Bridge Road south of Limekiln Creek and to evaluate three design methods: 1) at-grade amphibian crossings embedded within the road, 2) retrofit existing culverts to enhance newt movement, and 3) an elevated road section allowing “sheet flow” of migrating newts below the roadway. The District, POST, Santa Clara County Parks (County Parks), Santa Clara County Roads and Airports (County Roads), Valley Water, and California Department of Fish and Wildlife (CDFW) all provided support letters for this grant proposal. Newt Study Approach The planned newt population and mortality study will estimate the number of adult newts attempting to cross Alma Bridge Road to breed in Lexington Reservoir and the percentage that are killed by vehicular strikes during a single breeding season. The data will be analyzed through a model to characterize this percentage relative to long-term impacts on the local newt population. Tasks include the following: 1. Develop field methodology; 2. Install drift fence/pitfall traps to collect and systematically count newts; 3. Work with County Roads to install traffic counter stations to get daily vehicle totals over the study period; R-20-104 Page 3 4. Conduct road mortality surveys to determine the number of newts that do not make it across the road, and peak times of newt movement; 5. Tabulate and analyze data; and 6. Provide a report documenting findings. While a consulting biologist will manage the overall study, daily field operations will be led by either the consulting biologist or a qualified biologist from one of the partner agencies paired with volunteers to reduce overall study costs. Liability coverage for staff and any associated volunteers will be provided by each of the respective agencies. Participating Entities and Contributions to the Study: • CDFW – approve the Principal Investigator and study methodology; authorize population study; receive and review final report. • County Roads – provide traffic counter(s) and any permits/permissions needed to implement the study. • County Parks – possible funding contribution and/or staff/volunteer hours to assist with the population study (to be determined when feasible). • H.T. Harvey & Associates – Principal Investigator for population study. • District – contribute funding and staff/volunteers to assist with population study; primary permit holder with Valley Water. • POST – contribute funding; contract holder for the population study (with H.T. Harvey & Associates); collaborate with the District, County Roads, County Parks, Valley Water, volunteers, and H.T. Harvey & Associates regarding field operations (e.g. shared scheduling, personnel, etc.). • Valley Water – provide necessary permissions and in-kind biological field support to implement the population study on Valley Water lands. • USGS – provide technical review of study. Final Report Upon completion of field data collection, the final report will include an estimate of the total number of newts attempting to cross Alma Bridge Road in the study area with a ratio of newts killed on the road due to vehicular strikes during the study period (2020/2021 breeding season). The report will also provide daily levels of vehicular traffic and how these levels compare with levels of newt movement. The overall intent of the proposed study is to provide additional perspectives on existing conditions and facilitate stakeholder collaboration to appropriately address the issue. This study will build upon existing community science data collected to date to provide a robust data set and repeatable methodology for use pre- and post-implementation of any newt crossing project and to determine efficacy of any further actions or new structures. Information from the study will also be provided to CDFW to help determine if listing of the California newt as a “species of special concern” in the Lexington Reservoir subwatershed is warranted (the species is already listed in counties to the south). R-20-104 Page 4 FISCAL IMPACT The not-to-exceed $150,000 expenditure for the recommended action would be funded from the FY21 General Fund operating budget. A net zero budget adjustment within the adopted Natural Resources General Fund operating budget would be executed administratively in Quarter 1 pending Board approval of this Agenda Item. The not-to-exceed $150,000 expenditure amount considers that POST has committed $25,000 and Valley Water will provide in-kind biological field support towards the study. Both Valley Water and Wildlife Conservation Board Grant funds are being explored to offset the total District contribution to the study, but these are uncertain and cannot be relied upon at this time. District wildlife biologists and a Natural Resources intern will provide staff time to reduce overall project costs. Staff time contributed from participating agencies and/or any grant funding will reduce the District’s total contribution to the study and authorized funds would be returned to the General Fund during quarterly budget adjustments. All agencies have agreed to work to provide staff and volunteer time as feasible to assist with the project and reduce the study cost by reducing the level of contracted staffing, but currently all agencies have significant staffing constraints due to COVID 19 and the record breaking fire season. In-kind biological support by Valley Water is already factored into the study cost. The newt study will be created as a new project under Vision Plan Portfolio 22, which supports MAA Portfolio 22 Sierra Azul: Cathedral Oaks Public Access and Conservation Projects. Future year funds to complete subsequent research and/or design and implement newt wildlife crossing structures in collaboration with partners would be proposed as part of future annual Budgets and Action Plans. The recommended action is not funded by Measure AA. BOARD COMMITTEE REVIEW This item was first introduced at the January 14, 2020 PNR meeting (R-20-07), in a July 8, 2020 FYI to Board, and was discussed at the August 4, 2020 PNR meeting (R-20-83), at which time staff indicated that this item would come before the full Board for consideration. PUBLIC NOTICE Public notice was provided as required by the Brown Act. Public notice was sent to the Resource Management interested parties lists by postal or electronic mail. CEQA COMPLIANCE This project consists of an interagency biological research project to be conducted on Valley Water lands by qualified biological professionals under a study design approved by CDFW. This project is categorically exempt from CEQA as it consists of basic data collection, research, experimental management, and resource evaluation, which do not result in a serious or major disturbance to an environmental resource. The research project and associate activities are strictly for information gathering purposes, or as part of a study leading to an action that a public agency has not yet approved, adopted, or funded (CEQA Guidelines section 15306). Any R-20-104 Page 5 proposed future actions of the District will be subject to environmental review to be completed at a later date, prior to implementation. NEXT STEPS Upon approval by the Board, the General Manager will execute an agreement with POST to conduct a newt population and roadkill study. Attachment 1. Study Area Map Responsible Department Head: Kirk Lenington, Natural Resources Department Contact Person: Julie Andersen, Senior Resource Management Specialist and Interim Land & Facilities Manager Graphics prepared by: H.T. Harvey & Associates 17 Al m a Brid g e Rd A l m a B r i d g e R d S oda S p r i n gsRd LL ee xx ii nn gg t t oo nn RR ee ss ee r r vv oo ii r r 9 8 7 6 5 4 321 12 11 10 newt larvanewt egg mass adult newts in pool Figure 1. Alma Bridge Road Newt Mortality StudyN: \ P r o j e c t s 4 3 0 0 \ 4 3 0 1 - 0 1 \ R e p o r t s \ F i g 1 A l m a B r i d g e R o a d N e w t M o r t a l i t y S t u d y . m x d Peninsula Open Space Trust - Newt Mortality Study (4301-01) August 2020 1,350 0 1,350675 Feet 1. St. Joseph's Hill OSP2. Vulcan Materials Co. quarry3. Limekiln Trailhead4. Priest Rock Trailhead5. Los Gatos Rowing Club6. Douglas B. Miller Memorial Point7. Stop Sign8. Water Co. facility in Soda Springs Canyon9. Soda Springs Rd.10. White House - Private Residence11. RIP Cross12. Aldercroft Heights Rd. Legend Drift Fence/Pitfall Trap Array Newt Mortality Extremely High Very High High Medium High Medium Low Very Low I IV V II III VI DATE: September 23, 2020 MEMO TO: Board of Directors THROUGH: Ana Ruiz, General Manager FROM: Tina Hugg, Senior Planner; Jane Mark, Planning Manager SUBJECT: Beatty Parking Area and Trail Connections Project Update _____________________________________________________________________________ The purpose of this memorandum is to provide the Board of Directors (Board) an update on the Beatty Parking Area and Trail Connections Project (Project) located at Sierra Azul Open Space Preserve and a summary of the outcomes of the August 4, 2020 Planning and Natural Resources Committee (PNR) discussions. At the August 4 meeting, PNR advised the General Manager to defer the Project until the District and stakeholders complete a population and mortality study for the California and rough-skinned newts in the area (newt study), which could influence the Project’s scope, schedule, and budget. This memorandum summarizes the PNR discussion, rationale, and conclusion, and describes the anticipated schedule for the newt study. Since the Board prioritized this Project in the approved Fiscal Year 2020-2021 (FY21) Capital Improvement and Action Plan (CIAP), the General Manager is providing this project update to inform the full Board that the parking area and trail connections work will be paused and delayed until the newts study is complete unless otherwise directed by the full Board. If the status of the public access project needs to be reviewed in more detail by the full Board, the Board may direct the General Manager to add this item to a future Board Agenda for full Board discussion and deliberation. BACKGROUND The 56.88-acre former Beatty Trust property is located on the easterly side of Alma Bridge Road and Lexington Reservoir, approximately two miles east of the Alma Bridge Road exit from Highway 17. The property is surrounded by Lexington Reservoir County Park to the north, west, south and partially to the east. The Lexington Reservoir County Park property is owned by Valley Water and operated by Santa Clara County Parks (County Parks). County Parks also operates the Miller Point parking lot and picnic grounds located across Alma Bridge Road from the Beatty property. San Jose Water Company land borders a portion of the Beatty property’s eastern boundary (Attachment 1). In April 2008, the District approved the purchase of the Beatty Trust property as an addition to Sierra Azul Open Space Preserve (Preserve). Santa Clara County (County) contributed $950,000 toward the purchase (R-08-14) and in exchange, the County granted the District a conservation easement over the property with the following allowances and one time-specific requirement: " Plan, design and construct facilities to facilitate public use of the property, which may include and is not limited to: multi-use trails, public parking areas, public restrooms, wildlife observation and environmental educational facilities, visitor centers, picnic areas, backpack camps, employee residences, maintenance facilities, and related infrastructure such as water systems; " Conduct natural resource restoration and resource management, and restoration of cultural, historical, and agricultural or natural resources; " Construct a trail connection from the former Beatty property to the Priest Rock Trail within fifteen years from the easement recording date (March 11, 2008). As stipulated in the County s conservation easement, the construction deadline for the trail is set to expire on March 11, 2023. DISCUSSION In June 2018, the Board approved the Project as part of the FY19 CIAP and Budget. The District soon after initiated planning for the proposed public access improvements. In August 2019, following a competitive Request for Proposals process, the District awarded a contract to LSA Associates, Inc., (LSA), for environmental and permitting consulting services to support the Project (R-19-111). LSA s scope of work included evaluating opportunities and constraints, including biological and archaeological considerations, cost and schedule impacts, and permitting requirements to inform the development of parking area site design alternatives. The project scope also included biological assessment efforts, jurisdictional wetland delineation, and rare plant surveys. On January 14, 2020, PNR toured the Project site, heard public comments, and provided early feedback on proposed program elements and project scope (R-20-07). PNR requested staff to investigate the possibility of using or expanding the existing Santa Clara Valley Water (Valley Water)-owned and County-operated Miller Point parking lot across from the Beatty Property on Alma Bridge Road. Based on concerns PNR heard from a representative of the Audubon Society regarding newt mortality on Alma Bridge Road, PNR also requested that staff evaluate how the proposed Project may potentially impact newts and evaluate options to minimize Project impacts on newts and measures to protect the newts as part of the public access plans. Since 2017, District staff has participated in ongoing conversations with newt advocates. In response, staff reached out to partner agencies and developed a Frequently Asked Questions to provide information and raise awareness about the newt mortality issue. District staff subsequently participated in a meeting with Peninsula Open Space Trust (POST), the newt advocacy groups (Audubon, Sierra Club), and researchers (UC Davis Roadkill Ecology Center, USGS) to discuss community science data collection, potential mitigation options, and process. Staff also met with primary Lexington Reservoir/Alma Bridge Road land holders, including Santa Clara County Roads, Santa Clara County Parks, and Valley Water to discuss the issue. These agencies are currently pursuing a collaborative study to build on citizen science data collected to date to better understand the impacts of roadkill to the newt population. On July 22, 2020, the Board approved a support letter for a Proposition 68 grant proposal to fund a University of California Davis project to plan and design potential road crossing options for newts on Alma Bridge Road. Outcomes of the August 4, 2020 PNR Meeting On August 4, 2020, in response to public comments and PNR concerns heard in January regarding newt mortality on Alma Bridge Road, staff presented a revised project scope for a small, permit-only parking area that would close during the rainy season when newt migration occurs. Staff provided two options for the PNR to consider -- Option 1: Vehicular-Only Permit Parking and Option 2: Vehicular and Equestrian Permit Parking (R-20-83). A permit lot allows the District to carefully control and manage visitor use and prohibit vehicular access to the Beatty property during the rainy season when newts migrate across Alma Bridge Road. The permit lot would be small, approximately eight spaces, and located within an already disturbed area to minimize impacts, cost, and increased traffic concerns. Providing a permit lot and new trail would fulfill the 2008 Conservation Easement commitment with the County to implement a new trail connection by March 11, 2023 to Priest Rock Trail in Sierra Azul Open Space Preserve. The General Manager did not recommend further exploration of expanding the Miller Point parking lot because this alternative, based on discussion with Valley Water and County Parks, site reconnaissance, and a desktop analysis, has major site constraints that would result in significant environmental impacts and high costs. PNR had a robust discussion regarding the environmental concerns associated with the protection of the newts. They ultimately advised the General Manager not to pursue a permit lot and trail connection at this time and instead to approach the County with a request for a time extension to the 2008 Conservation Easement and to approach Valley Water for an extension on the existing trail grant to allow time to complete the newt study (the District was awarded a $149,500 Valley Water grant to fund construction of the trail connection from the Beatty property to Priest Rock Trail that expires in 2022). The study is currently proposed to cover one newt breeding season (October 2020 through June 2021). Following results of the newt study and discussions with partner agencies, staff would bring this Project back to PNR and eventually the Board. A tentative schedule for completing the newt study is shown in Next Steps. ACTION ITEMS While PNR advised the General Manager to place this Project on hold, the following identified action items would need to continue in preparation for the Project’s re-initiation. 1) Newts Study a) Stakeholder and Partner Coordination – Staff will continue to coordinate with county, state, and regional partners to discuss the newt issues and possible next steps for addressing newt infrastructure enhancements. Staff will continue to engage with newt advocacy groups (Sierra Club and Audubon Society) and researchers (US Geologic Survey and US Davis Road Ecology Center) to determine the outcome of their Wildlife Conservation Board grant proposal that was supported by the District and submitted in August 2020 (R-20-84) to continue work on the planning and designing of potential road crossing options for newts on Alma Bridge Road. b) Newts Study – Staff will continue to partner with and work closely with the POST and partners to develop a scientifically-robust study to provide an estimate of the newt breeding population and proportion of adult newts successfully crossing Alma Bridge Road to breed. This will help to better characterize the effect of roadkill mortality to the local newt population. Staff is presenting a partnership agreement proposal to the Board at this same September 23, 2020 Board Meeting. 2) Conservation Easement and Trail Commitment In anticipation of the March 11, 2023 deadline in the Conservation Easement with the County of Santa Clara, staff will draft a Letter of Agreement, under the General Manager’s authority, requesting for a time extension that will allow the District additional time to complete the Conservation Easement’s commitment for construction and opening of a new trail connection to Priest Rock Trail. 3) Trail Connection to Priest Rock Trail a) Valley Water Trail Grant – District staff are in communications with Valley Water on the $149,500 grant for the Beatty Property trail connection. Staff are exploring options to modify the grant agreement timeline and scope and whether Valley Water might be able to provide grant or partnership funding for the newt study. b) Permission to build a trail on Valley Water lands – The District has been working with Valley Water and Santa Clara County Parks on an assignment of the Master Partnership Agreement between Santa Clara County Parks and Valley Water that would permit the District to build a trail over Valley Water property to connect to the Priest Rock Trail. This assignment of trail construction responsibilities will need to be formalized before the District can build this trail on Valley Water lands. The General Manager will postpone further negotiations on securing Valley Water permission until there is greater certainty that the Beatty Parking Area and Trail Connections Project will resume in the future. NEXT STEPS Consistent with PNR guidance, the General Manager will postpone further action on the Beatty Parking Area and Trail Connections Project to allow sufficient time for the newt study to proceed unless otherwise directed by the full Board. If there are any concerns or questions about this approach, the Board may request that this item be presented in greater detail as part of a future Board Agenda Item to discuss and deliberate as a full Board on next steps. A new tentative schedule for the Project and newt study is provided below: Milestones Tentative Schedule Board FYI Memorandum September 23, 2020 Board consideration of partnership agreement for newt study September 23, 2020 Initiation and completion of Year 1 newt studies Fall 2020 – Fall 2021 Potential grant-funded planning and design for newt crossing(s) at Alma Bridge Road Pending grant award notification in Sept, estimated at 2-4 years Beatty Parking Area and Trail Connections Project re-initiation TBD (but likely no earlier than 2-3 years) Attachment 1: Beatty Property Site Map L e x i n g t o n R e s e r voir 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 ÄÆ17 Alma B r i d g e R d O l d S a n t a C r u z H i g h w a y B e a r C r e e k R d SodaS prin g R oad Beatty Property 18 0 0 1600 140 0 1200 2 0 0 0 1 0 0 0 1 4 0 0 1 2 0 0 1 0 0 0 18 0 0 16 0 0 1 4 0 0 12 0 0 8 0 0 1200 100 0 1600 1400 14 0 0 1 2 0 0 10 0 0 60 0 1800 1600 1200 100 0 120 0 800 2200 2000 1800 160 0 1400 1200 10 0 0 800 1400 2 0 0 0 160 0 1 4 0 0 1200 1000 2000 800 Midpeninsula Regional Open Space District (Midpen) 1/8/2020 Beatty Property Site Map Pa t h : G : \ P r o j e c t s \ S i e r r a _ A z u l \ B e a t t y \ T r a i l E a s e m e n t \ B e a t t y _ S i t e M a p _ 2 0 2 0 1 0 8 . m x d Cr e a t e d B y : f l o p e z 0 0.50.25 MilesI MROSD Preserves Private Property While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features. 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