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20200812 - Agenda Packet - Board of Directors (BOD) - 20-17
SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Wednesday, August 12, 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/88023709460 or listen to the meeting by dialing (669) 900-6833 or (346) 248-7799 (Webinar ID 88023709460). 2. Members of the public may provide written comments by submitting a public comment form at: https://www.openspace.org/public-comment • Comments on matters not on the agenda must be submitted prior to the time the board president calls for public comments. • Comments on agenda items must be submitted prior to the time public comment on the agenda item is closed. • All comments shall be subject to the same rules as would otherwise govern speaker comments at the board of directors meeting. • Electronic comments on agenda may only be submitted via the public comment form. Comments via text or social media (Facebook, Twitter, etc.) will not be accepted. Any comments received after the deadline, will be provided to the Board after the meeting. 5:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION ROLL CALL 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code Section 54957(b)(1) Title of Employee: Controller General Counsel ADJOURNMENT 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 20-17 Rev. 1/3/20 ROLL CALL ORAL COMMUNICATIONS This portion of the agenda is for members of the public to comment on items not on the agenda; however, the Brown Act (Open Meeting Law) does not allow action by the Board of Directors on items not on the agenda. Individuals are limited to one comment during this section. ADOPTION OF AGENDA SPECIAL ORDERS OF THE DAY • Introduction of Staff: o Ari Nuri, Planner I o Mike Bower, Budget & Analysis Manager 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 July 22, 2020 Minutes 2. Claims Report 3. Award of Contract to Sandbar Solar to Design and Install Solar Panels at the Skyline Field Office at Skyline Ridge Open Space Preserve (R-20-87) Staff Contact: Craig Beckman, Area Manager, Land and Facilities General Manager’s Recommendations: 1. Authorize the General Manager to enter into a contract with Sandbar Solar for a base amount of $151,533 to design and install a grid-tie solar panel system at the Skyline Field Office 2. Authorize a 10% contingency of $15,153 to be reserved for unanticipated issues, bringing the contract to a total not-to-exceed amount of $166,686. 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. 4. Consider designation of select preserve trails, roadways, and parking areas to allow electric bicycle use under a 1-year pilot project (R-20-89) Staff Contact: Matt Anderson, Chief Ranger, Visitor Services Department General Manager’s Recommendations: 1. Designate select trails at Ravenswood Open Space Preserve and Rancho San Antonio Open Space Preserve and County Park where bicycles are currently allowed as open to class 1 and 2 electric bicycle use under a 1-year pilot project, and determine that this action is categorically exempt from the California Environmental Quality Act. 2. Designate all roads and parking areas that are open to the public for motor vehicle use during regular preserve hours as also open to all classes of electric bicycles. 5. Integrated Pest Management Program 2019 Calendar Year Report (R-20-90) Rev. 1/3/20 Staff Contact: Tom Reyes, IPM Coordinator, Natural Resources General Manager’s Recommendation: Accept the Integrated Pest Management Program 2019 Calendar Year Report. No Board action required. 6. Midpeninsula Regional Open Space District’s Youth Outreach Plan (R-20-88) Staff Contact: Carmen Lau, Public Affairs Specialist I General Manager’s Recommendations: Review, provide input, and approve the Youth Outreach Plan. INFORMATIONAL MEMORANDUM • Deer Hollow Farm White Barn -- Replacement of Attic Stairs with Pull-down Ladder • Updated Scope and Timeline for the Science Advisory Panel INFORMATIONAL REPORTS – Reports on compensable meetings attended. Brief reports or announcements concerning activities of District Directors and staff; opportunity to refer public or Board questions to staff for information; request staff to report to the Board on a matter at a future meeting; or direct staff to place a matter on a future agenda. Items in this category are for discussion and direction to staff only. No final policy action will be taken by the Board. A. Committee Reports B. Staff Reports C. Director Reports ADJOURNMENT *Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the District Clerk at (650) 691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting, will be available for public inspection at the District’s Administrative Office located at 330 Distel Circle, Los Altos, California 94022. CERTIFICATION OF POSTING OF AGENDA I, Jennifer Woodworth, District Clerk for the Midpeninsula Regional Open Space District (MROSD), declare that the foregoing agenda for the special meetings of the MROSD Board of Directors was posted and available for review on August 6, 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 July 22, 2020 Board Meeting 20-16 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Wednesday, July 22, 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 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: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Assistant General Manager Susanna Chan, Chief Financial Officer/Director of Administrative Services Stefan Jaskulak, District Clerk/Assistant to the General Manager Jennifer Woodworth, Engineering & Construction Manager Jay Lin, Senior Capital Project Manager Tanisha Werner President Holman announced this meeting is being held in accordance with Governor Newsom’s Executive Order allowing Board members to participate remotely. The District has done its best to conduct a meeting where everyone has an opportunity to listen to the meeting and to provide comment. The public has the opportunity to comment on the agenda, and the opportunity to listen to this meeting through the internet or via telephone. This information can be found on the meeting agenda, which was physically posted at the District’s Administrative Office, and on the District website. President Holman described the process and protocols for the meeting. 1. Administrative Office Project Update (R-20-76) General Manager Ana Ruiz provided opening comments describing the decision points the Board will be considering at the meeting, including interior spaces, bird-safe window glazing, and additional design elements to mitigate potential infectious disease spread. Meeting 20-16 Page 2 Assistant General Manager Susanna Chan stating that the project continues to remain on schedule and the design is currently being reviewed by the City of Los Altos to prepare for issuing construction permits. Eric Skiba, Project Manager with Noll & Tam Architects, reviewed project progress. Jane Catalano, with Noll & Tam Architects, discussed the design of the Board dais and a mockup created by staff to demonstrate the layout and sightlines for the proposed dais. Ms. Catalano described three options for the layout of the dais and resulting changes to the public seating area. Director Kishimoto inquired regarding separation between the Board of Directors and senior staff members. Mr. Skiba reported that having a separate table for staff created concerns regarding the technology connections to seat staff at a separate table. Also, the wood facing of the dais is different for the areas where staff sit as opposed to where the Board sits. Director Kishimoto spoke in favor of options 2 and 3. Director Hassett expressed concerns that the Board room would be able to be used during the current pandemic, and that the current virtual meetings are a better option to protect staff and the public. Director Hassett spoke in favor of options 2 and 3. Director Kersteen-Tucker spoke in favor of options 2 and 3. Director Kersteen-Tucker inquired whether plexiglass could be added between Board seats if necessary and suggested adding an additional monitor to provide further options for spacing out members of the public. Director Siemens spoke in favor of option 2 in order to have a better line of sight among Board members. Additionally, more monitors in the atrium should be included to provide better viewing for the public in the atrium. President Holman spoke in favor of options 2 and 3, particularly option 2. President Holman spoke in favor of additional separation between Board members and staff members. Director Cyr spoke in favor of options 2 and 3 and in favor of keeping the Board members centered to the room for the members of the public to be able to see them. Director Riffle spoke in favor of option 2 due to its improved sightlines and suggested grouping the staff members together. Director Riffle expressed concern regarding the presenter and members of the public being able to view the presentation screen. Mr. Skiba explained that the District staff members are separated to preserve the centering of the Board and to allow staff to assist the presenters and public at the podium when necessary. Ms. Catalano explained that a change in floor height may result in ADA accessibility issues to raise the Board member seats above the level of the staff members. Meeting 20-16 Page 3 By consensus, the Board selected option 2 and requested staff return to address some of the concerns raised regarding the presentation screens, monitors, dais layout, and additional separation between the Board and staff members. Senior Capital Project Manager Tanisha Werner displayed options for frosted glass treatments for the Board room. By consensus, the Board selected the opaquer option for the glass treatment with the mountain outlines. President Holman requested staff return with a view of the frosted glass treatment from inside the Board room. Mr. Skiba described options for the bird-safe glass designs, including the preferred options by the American Bird Conservancy and local Audubon Society. Public comments opened at 6:07 p.m. District Clerk Jennifer Woodworth read the submitted comments into the record. Shani Kleinhaus stated the Santa Clara Audubon Society prefers glass pattern options 215 and 217 for use in the building. Public comments closed at 6:08 p.m. By consensus, the members of the Board supported using either the 215 or 217 glass pattern options, with a preference for style 215. Mr. Skiba provided an update on sustainable design components to increase building efficiency, including glazing, and stated that the project is tracking as a LEED gold project. Director Riffle suggested the District may want to reconsider pursuing LEED gold certification. Director Kishimoto suggested moving to an all-electric building because it is more environmentally friendly. Mr. Skiba reported that the project had to follow the previous mechanical structure, which including some natural gas appliances. Director Kishimoto requested information related to additional costs associated with making this a LEED certified project. Mr. Lin stated that he estimated the cost of making this a LEED certified project would be approximately $200,000, and various steps must be taken throughout the project, including the design and construction process. Director Siemens spoke in favor of automatic closures for windows and against use of acoustic tiles in the office. Meeting 20-16 Page 4 Director Kersteen-Tucker spoke against pursuing LEED certification but in favor or following LEED gold standards. The members of the Board requested staff return with information regarding the cost of including automatic window closures for the building. Ms. Werner described design consideration updates in response to the current COVID-19 pandemic, including proper airflow and circulation, visual cues to signal one-way aisles and walkways, touchless fixtures, etc. Ms. Werner also provided updates on the wood sources for the various design elements, including using recycled and sustainable wood sources. President Holman suggested reuse of redwood that would be removed during planned demolitions at Alma College, including from the classroom. The members of the Board spoke in favor of using salvaged wood over recently felled wood and expressed concern regarding the proposal to use black acacia due to the project timing. Director Kersteen-Tucker spoke in favor of using the building to tell environmental stories, such as tracking LEED gold without the cost, reusing salvaged wood, etc. Ms. Werner provided an update regarding the prequalification process for contractors and selection of a construction manager and peer review services. Director Hassett stated the construction management firm should be hired prior to selecting a contractor. Ms. Werner reported that the construction management firm will be involved in selecting the contractor. President Holman adjourned the special meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 7:25 p.m. REGULAR MEETING President Holman called the regular meeting of the Midpeninsula Regional Open Space District to order at 7:30 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, Controller Mike Foster, District Clerk/Assistant to the General Manager Jennifer Woodworth, Finance Manager Andrew Taylor, Natural Resources Meeting 20-16 Page 5 Manager Kirk Lenington, Visitor Services Manager Matt Anderson, Planning Manager Jane Mark, Land & Facilities Manager Michael Jurich, Engineering & Construction Manager Jay Lin, Information Systems & Technology Manager Casey Hiatt, Public Affairs Manager Kori Skinner, Real Property Manager Mike Williams, Governmental Affairs Specialist Josh Hugg 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. Director Kersteen-Tucker joined the meeting at 7:31 p.m. ORAL COMMUNICATIONS District Clerk Jennifer Woodworth read the comments submitted into the record. Scott Smead shared comments in support of allowing e-bikes on District preserves to allow more visitors to access the preserves. ADOPTION OF AGENDA Motion: Director Riffle moved, and Director Kishimoto seconded the motion to adopt the agenda with items 11 and 12 reversed. ROLL CALL VOTE: 6-0-0 (Director Siemens absent) CONSENT CALENDAR Public comment opened at 7:35 p.m. District Clerk Jennifer Woodworth read the comments submitted into the record. Kathy Simpson provided comments in response to the draft response included as Item 5. Ms. Simpson commented on continued illegal parking along the roadway, especially those wanting to see the NEOWISE comet. Public comment closed at 7:37 p.m. Director Siemens joined the meeting at 7:37 p.m. Motion: Director Cyr moved, and Director Riffle seconded the motion to approve the Consent Calendar. ROLL CALL VOTE: 7-0-0 Meeting 20-16 Page 6 1. Approve July 8, 2020 Minutes 2. Claims Report 3. Contract Amendment with Questica Ltd., to Purchase Unlimited User Licenses for Budget Management Software (R-20-75) General Manager’s Recommendation: Authorize the General Manager to amend the original three- year contract of $127,350 with Questica Ltd., by $44,583, for a new total contract amount not to exceed of $171,933, to purchase and maintain unlimited user licenses for the Budget Management Software through October 2022. 4. Written Response to Craig Dremann Staff Contact: Coty Sifuentes-Winter, Senior Resource Management Specialist General Manager’s Recommendation: Approve the written response to comments submitted by Craig Dremann. 5. Written Response to Kathy Simpson Staff Contact: Matt Anderson, Chief Ranger/Visitor Services Manager General Manager’s Recommendation: Approve the written response to comments submitted by Kathy Simpson. 6. Water Service Agreement between San Jose Water Company and Midpeninsula Regional Open Space District for the South Area Field Office Project (R-20-82) Staff Contact: Tanisha Werner, Senior Capital Project Manager General Manager’s Recommendation: Authorize the General Manager to execute an Agreement with SJWC for an amount not-to-exceed $96,720.00, and to negotiate a reduction if feasible. BOARD BUSINESS 7. Appointment of Four Measure AA Bond Oversight Committee Members (R-20-77) District Clerk Jennifer Woodworth described the interview and ranking process used by the Board of Directors and displayed the preliminary rankings as submitted by the Board of Directors. President Holman discussed potential updates to Board Policy 1.10, Measure AA Bond Oversight Committee Bylaws, including appointment of alternates to the Committee and representation of the Coastside Area. Public comment opened at 7:52 p.m. Ms. Woodworth reported no public comments were submitted for the Consent Calendar. Public comment closed at 7:52 p.m. Meeting 20-16 Page 7 Director Riffle spoke in favor of recruiting a diverse candidate pool and spoke in support of policy updates to support diversity. The members of the Board thanked all of the applicants for their interest in serving on the Bond Oversight Committee. Motion: Director Cyr moved, and Director Siemens seconded the motion to: 1. Select and appoint Paul Betlem, Brian Cilker, David Emery, and Bruce Tolley to serve on the Measure AA Bond Oversight Committee for the four vacant positions from the candidates listed in the staff report. 2. Refer review of Board Policy 1.10, Measure AA Bond Oversight Committee Bylaws, to the Legislative, Funding, and Public Affairs Committee for potential updates. ROLL CALL VOTE: 6-0-1 (Director Kishimoto abstained) 8. Proposed Purchase of the San Jose Water Company Property as an addition to El Sereno Open Space Preserve located in unincorporated Santa Clara County, Assessor’s Parcel Numbers 510-33-001, -004, -005, -006, 510-35-004 & -005; Assignment of Purchase and Sale Agreement for the San Jose Water Company Property to Peninsula Open Space Trust; Approval of a Lease and Management Agreement (R-20-78) Director Riffle recused himself from participating in this potential transaction between POST and the District due to his employment with POST, which is categorized as a remote interest under California Government Code section 1091. Director Riffle left the meeting at 7:54 p.m. Senior Real Property Agent Allen Ishibashi provided the staff presentation describing the property, its location, and proposed terms and conditions for the purchase and lease and management agreement. Director Hassett requested clarification regarding the potential grant funding being pursued. Mr. Ishibashi reported the District is seeking 100% of the acquisition cost of the purchase price in grant funding. Public comment opened at 7:58 p.m. District Clerk Jennifer Woodworth read the comments submitted into the record. Michael Blomquist submitted comments inquiring about the purpose of the lease and management agreement. Alex Sabo, representing the Bay Area Ridge Trail Council, submitted comments in support of the potential acquisition stated that it supports closing gaps in the Ridge Trail and Juan Bautista de Anza National Historic Trail, and supports other regional trail networks. Public comment closed at 8:01 p.m. Meeting 20-16 Page 8 Mr. Ishibashi explained that the proposed lease would allow the District to lease and manage the property as if it owned the property and is a placeholder while the District seeks grants funding. Directors Cyr and Kersteen-Tucker spoke in support of the proposed transaction and General Manager’s recommendations. Motion: Director Kishimoto moved, and Director Siemens seconded the motion to: 1. Determine that the recommended actions are categorically exempt under the California Environmental Quality Act (CEQA), as set out in the staff report. 2. Adopt a Resolution authorizing the purchase of the San Jose Water Company property at a cost of $1,075,000 with corresponding authorization for a Fiscal Year 2020-21 budget adjustment of the same amount, and authorizing the General Manager, if necessary, to approve an Assignment of Purchase and Sale Agreement, and a Lease and Management Agreement, entered into with Peninsula Open Space Trust for the San Jose Water Company property. 3. Adopt a Preliminary Use and Management Plan for the property, as set out in the staff report. 4. Withhold dedication of the San Jose Water Company Property as public open space. ROLL CALL VOTE: 6-0-0 (Director Riffle absent) Director Riffle returned to the meeting at 8:04 p.m. 9. Authorization to enter into an Agreement with the University of California, Santa Cruz to conduct a Five-Year Mountain Lion Study and Site-Specific Management Plan (R- 20-79) Ms. Ruiz provided comments stating mountain lion sightings at District preserves are much more frequent than other nearby areas, especially at Rancho San Antonio Open Space Preserve (OSP), which prompted the need for science-based research to help the District and wildlife advocacy groups better understand mountain lion populations in the region. The recommended approach has a minimal impact on the mountain lions and is recommended by mountain lion researchers, the academic community, and the California Department of Fish and Wildlife. The research will provide information to help land management agencies, like the District, protect mountain lion populations. Resource Management Specialist II Matt Sharp Chaney presented the staff report, mountain lion observations to date, the proposed research approach for the study, and the communications and outreach plan to keep the public informed. The proposed study aims to study lion habitat, the impact of human activity, and mountain lion behavior. Finally, Mr. Sharp Chaney described the next steps for the project, including docent enrichment, on-site outreach, publications of the scientific research, etc. Director Riffle requested progress reports to the Board and for the public to receive updates on the project. Mr. Sharp Chaney reported staff will provide annual reports on the project and additional information can be tracked through the University of California, Santa Cruz website and mobile application. Meeting 20-16 Page 9 Director Kersteen-Tucker inquired if technological advances that may be less invasive could be considered for the study if they are developed. Mr. Sharp Chaney stated that alternative collaring options would be considered, but they often take some time to develop followed by years of testing. Therefore, it is unlikely that the technology would change, but the study could adopt if available. Director Kersteen-Tucker inquired regarding the potential impact of the study on the District’s conservation grazing program. Mr. Sharp Chaney stated a proposed update to the grazing management policy will be considered by the Board later this year. Additionally, the research from the proposed study would be used by the District and throughout the state to study mountain lion activity, including grazing interactions. Public comment opened at 8:42 p.m. District Clerk Jennifer Woodworth read the submitted comments into the record. Ginger Thomson stated collaring of pumas is outdated and non-invasive options should be pursued. Barbara Beasley expressed concern about the proposed project due to the risks, costs, and the need for alternatives to collaring pumas. Kiara Walker expressed opposition to collaring mountain lions in San Mateo County. Ms. Walker stated that less invasive options should be pursued because the collar can injure the lions Lalli Venkatakrishan inquired if other factors are being studied as part of the research, such as mountain lion diet. Robert Avalos stated that the collaring methodology for studying mountain lions is not effective. Marilyn Krieger expressed opposition for collaring pumas stating that it is invasive and can impact their survival and habits. Ron Sturgeon inquired regarding the number of collared mountain lions at Rancho San Antonio OSP, whether research is being completed on the presence or absence of prey at District preserves and neighboring lands, and why Russian Ridge OSP is not a higher priority for the study. Trent Pearce expressed support for the proposed mountain lion study. Staci Collins urged using less invasive and more innovative methods to study mountain lions. Public comment closed at 8:48 p.m. Mr. Sharp Chaney provided responses to comments submitted by the public, describing research studying mountain lions with and without collars, which determined there is no negative impact Meeting 20-16 Page 10 of collars; reporting the area being studied aims to gather data in urban-wildlife interfaces; and further described the process proposed to gather and share the data. Motion: Director Riffle moved, and Director Cyr seconded the motion to authorize the General Manager to enter into an Agreement with the University of California, Santa Cruz for a base contract price of $500,000 to conduct a mountain lion collaring study for five years to assess the lion population and movement, provide annual updates and research findings at public meetings, and develop a site-specific management plan for reducing potential human-mountain lion conflicts in high risk areas. ROLL CALL VOTE: 7-0-0 10. Consideration of a Letter Commenting on the Proposed Redwood City Climate Action Plan (R-20-80) Assistant General Manager Brian Malone provided the staff presentation. Mr. Malone stated the Sierra Club submitted a support letter for Board consideration and staff drafted an alternative letter based on the District’s Climate Action Plan and to be consistent with the Board policy on legislative actions. President Holman provided comments in support of the request and stated the support letter submitted by the Sierra Club currently has 21 signatories. President Holman spoke in favor of the District to signing onto the Sierra Club letter to demonstrate stronger support for the letter. Public comment opened at 9:10 p.m. District Clerk Jennifer Woodworth reported no public comments were submitted for the Consent Calendar. Public comment closed at 9:10 p.m. Directors Kishimoto, Cyr, and Kersteen-Tucker, and Siemens spoke in support of sending both letters to Redwood City because the District-drafted letter directly addresses issues of concern to the District. Director Riffle thanked staff for drafting the letter and spoke in support of the District-drafted letter because it addresses the District’s specific concerns in addition to supporting the Redwood City Climate Action Plan. Motion: Director Kishimoto moved, and Director Kersteen-Tucker seconded the motion to authorize the Board President to send the letter drafted by staff to Redwood City and to sign onto the Sierra Club support letter. ROLL CALL VOTE: 7-0-0 11. Oral Update on Midpeninsula Regional Open Space District COVID-19 Response Item 11 was heard after Item 12. Meeting 20-16 Page 11 General Manager Ana Ruiz provided updates on ongoing preserve use, with the heaviest use occurring on Fridays, Saturdays, and Sundays. Santa Clara County Fire reported an increase in responses to medical calls at parks and open spaces, and the District and other agencies are working to create public service announcements to help the public prepare for park hikes in the summer. Most picnic tables have reopened consistent with public health orders, and new signage is being ordered and installed to reflect updated healthy and safety guidance and continued designation of one-way trails. Ms. Ruiz reported the current work arrangements for field and office staff will continue through at least December 31, 2020. Finally, staff is completing the phased reentry plan for District volunteers. Public comment opened at 9:38 p.m. District Clerk Jennifer Woodworth reported no public comments were submitted for the Consent Calendar. Public comment closed at 9:38 p.m. No Board action required. 12. Consideration of a Letter of Support for a University of California Davis (UCD) proposal to Plan and Design Newt Connectivity Crossings along Alma Bridge Road in Santa Clara County (R-20-84) Item 12 was heard prior to Item 11. Natural Resources Manager Kirk Lenington spoke regarding the proposed connectivity structures to cross Alma Bridge Road to provide safe undercrossings for the newts. Mr. Lenington stated the District is working with Peninsula Open Space Trust to further study newt crossing hotspots, times of greatest incidents, and the number of newts being killed in reference to the total newt population of the area. Public comment opened at 9:24 p.m. District Clerk Jennifer Woodworth read the submitted comments into the record. Shani Kleinhaus thanked staff and the Board for considering the item and urged the Board to approve a letter of support for the UC Davis study on newt crossings. Public comment closed at 9:25 p.m. Motion: Director Kishimoto moved, and Director Holman seconded the motion to approve a Board Member request to submit a letter of support for grant funding for a Newt Connectivity Crossings Project led by the University of California Davis to provide a safe wildlife crossing across Alma Bridge Road for newts traveling from the Sierra Azul Open Space Preserve area to Lexington Reservoir. ROLL CALL VOTE: 7-0-0 Meeting 20-16 Page 12 INFORMATIONAL MEMORANDUM • Scoping Report for the Wildland Fire Resiliency Program • Inventory and Monitoring of Vegetation on Midpeninsula Regional Open Space District Lands INFORMATIONAL REPORTS A. Committee Reports No committee reports. B. Staff Reports Ms. Ruiz reported the District has been awarded more than $230,000 in Proposition 68 grant funding for the Coal Creek fuel break project. The District has been invited by the Wildlife Conservation Board to apply for funding for the Daniels Nature Center public access project. C. Director Reports President Holman reported the Bay Area Restoration Authority’s grant cycle has commenced if anyone knows of anyone interested in applying. ADJOURNMENT President adjourned the regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District into closed session at 9:47 p.m. SPECIAL MEETING – CLOSED SESSION President Holman called the special meeting of the Midpeninsula Regional Open Space District to order at 9:47 p.m. ROLL CALL Members Present: Jed Cyr, Larry Hassett, Karen Holman, Zoe Kersteen-Tucker, Curt Riffle, and Pete Siemens Members Absent: and Yoriko Kishimoto Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Assistant General Manager Susanna Chan, Chief Financial Officer/Director of Administrative Services Stefan Jaskulak, Real Property Manager Mike Williams, Planner III Elish Ryan 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) Name of Case: Burkhart v. Midpeninsula Regional Open Space District; Santa Clara County Superior Court Case Number 18CV 334473. Meeting 20-16 Page 13 ADJOURNMENT President adjourned the meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 10:01 p.m. ________________________________ Jennifer Woodworth, MMC District Clerk MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLAIMS REPORT MEETING # 20-17 MEETING DATE: August 12, 2020 Fiscal Year to date EFT:56.11% Fiscal Year 18-19 EFT:29.44% Payment Number Payment Type Payment Date Notes Vendor No. and Name Invoice Description Payment Amount 81290 Check 07/24/2020 10847 - City of Saratoga Saratoga to Sea Consultant & Contractor Fees - June 2020 276,243.81 2228 EFT 07/24/2020 12002 - Noll & Tam Architects New Administration Offices (AO) Facility - 5/1 - 6/30 182,141.09 2234 EFT 07/24/2020 11288 - R+M Paving Contractors Inc Mt. Umunhum Road Improvements 173,850.00 2244 EFT 07/31/2020 12111 - Agbayani Construction Corporation New South Area Field Office Renovation Project - June 2020 165,999.20 2263 EFT 07/31/2020 10136 - San Jose Water Company New South Area Field Office Water Connection/Permit Fee 84,720.00 2250 EFT 07/31/2020 10546 - Ecological Concerns, Inc.IPM: Revitalize Stream, Upland, & Wetland Habitats/Vegetation Mgmt./Plant Install. & Maint. of Multiple Sites - June 2 66,548.36 2216 EFT 07/24/2020 10005 - Grassroots Ecology Hendrys Creek Restoration - May - Jun/Volunteer Steward Partnership Hawthorns & RR Jan - Jun 2020 51,056.19 2243 EFT 07/31/2020 *12052 - 4984 EL Camino LLC August 2020 Monthly Rent for AO2/A03/A04 36,678.00 2226 EFT 07/24/2020 10288 - Mission Valley Ford Truck Sales, Inc.New Utility Vehicle - ATV21 4 seat UTV 26,931.84 2223 EFT 07/24/2020 10064 - MCB Remodeling LLC Remodeling of rental units at 22322 Skyline Blvd.24,240.00 2264 EFT 07/31/2020 11432 - San Mateo County Resource Conserv. Dist.Control of Slender False Brome - 4/1/20 - 6/30/20 19,640.54 2214 EFT 07/24/2020 *10214 - Delta Dental Employee Dental Benefits - July 2020 18,164.47 81301 Check 07/24/2020 11930 - R Brothers Painting Inc Interior Painting 811 La Honda Rd and Ext Paint 2310 Purisima Creek 17,018.00 2236 EFT 07/24/2020 10099 - San Francisco Bay Bird Observatory American Badger & Burrowing Owl Habitat Suitability Study- May / Grantmaking Program: SFBBO ED Outreach 4/1 - 6/16,543.83 2257 EFT 07/31/2020 *10419 - Lincoln National Life Insurance Co.AD&D/Life/LTD Employee Insurance - July - August 2020 15,417.76 2218 EFT 07/24/2020 11593 - H.T. Harvey & Associates RW Bay Trail Environmental Consulting & Biomonitoring - June 20 / Contingency RW Bay Trail May - Jun 2020 11,972.28 81297 Check 07/24/2020 11800 - KVO Industries, Inc.Porcelain Enamel Panel Signs & hardware - Mt. Um 11,473.91 2253 EFT 07/31/2020 11859 - Horizon Water and Environment, LLC Programmatic Environmental Permitting - June 2020 11,313.18 2210 EFT 07/24/2020 11430 - BioMaAS, Inc.Identification of Native Plant Propagule Sites - May - Jun 2020 / MAMU Surveys PCR - Jun 2020 11,170.46 2259 EFT 07/31/2020 11855 - Oregon State University Test Revegetation Sites for Soil Diseases - June 2020 11,000.00 81288 Check 07/24/2020 11371 - Calflora Database 2020 Weed Manager Improvements - June 2020 10,000.00 2237 EFT 07/24/2020 12107 - San Francisco Estuary Institute Science Advisory Panel / Stevens Ck. Shoreline Nature/Feas. Study - June 2020 9,182.20 2219 EFT 07/24/2020 11998 - Hanford Applied Restoration & Conservation Mindego Ranch Ponds Enhancement Proj - Mar -Jun 2020/RW Revegetation & Pl. Maint.8,920.00 81314 Check 07/31/2020 11697 - H & N Enterprises Self - closing pedestrian gates - La Honda 8,742.25 2232 EFT 07/24/2020 *10211 - Public Policy Advocates Legislative Advocacy Services for Nov - Dec 2019, Jan 2020 8,075.05 2211 EFT 07/24/2020 *10205 - Calif Joint Powers Insurance Authority Pollution Liability Insurance 7/1/2020 - 7/1/2021 7,888.00 2229 EFT 07/24/2020 10086 - Phytosphere Research Sudden Oak Death Research & Root Disease Agreement - 3/1 - 6/30 7,415.05 2261 EFT 07/31/2020 11743 - Pro-West & Associates ArcGIS Update & Monitor - June 2020 7,276.78 2251 EFT 07/31/2020 12016 - Evan Brooks Associates Grant Writing Services - June 2020 7,200.00 81304 Check 07/24/2020 11996 - Spatial Informatics Group LLC Fire Ecology Services: Prescribed Fire Program 7,040.25 2265 EFT 07/31/2020 12082 - Sicular Environmental Consulting La Honda Forest Management Plan - June 2020 6,450.00 2245 EFT 07/31/2020 11148 - Balance Hydrologics, Inc Aldercroft Stables Monitoring - Gaging Support - June 2020 6,321.25 2233 EFT 07/24/2020 11241 - Questa Engineering Corp.Ravenswood Bay Trail Connection Project - 3/16/20 - 6/15/20 5,064.02 81293 Check 07/24/2020 11420 - Doug Edwards Mow Stickers on October Farms per Lewis Reed Request 5,000.00 2217 EFT 07/24/2020 12088 - GSL Fine Lithographers Spring Quarterly Newsletter, edits + new artwork 4,804.50 81295 Check 07/24/2020 11770 - Hydroscience Engineers Bear Creek Stables Improvements (Water System Design) - June 2020 4,690.00 2247 EFT 07/31/2020 11318 - Confluence Restoration Control of Invasive Thistles at Mindego Rangeland - June 2020 4,077.00 2238 EFT 07/24/2020 12117 - Signet Testing Laboratories, Inc.SAO Special Inspection Services 4,070.00 81307 Check 07/24/2020 11165 - Woodhams Electrical Install New Power Pole and Safety Items - Monte Bello Cabin 3,800.00 2260 EFT 07/31/2020 10925 - Papé Machinery M03 Parts for repairs / M08 - Repairs to AC in JD 6400 3,798.30 2254 EFT 07/31/2020 10794 - John Northmore Roberts & Associates Bear Creek Stables Improvements 3,787.02 81291 Check 07/24/2020 11520 - Community Initiatives Latino Engagement with Latino Outdoors 3,500.00 81306 Check 07/24/2020 11902 - The Professional Tree Care Co.On-Call Arborist – Mud Lake Arborist Monitoring - Root Pruning 3,360.00 2213 EFT 07/24/2020 11318 - Confluence Restoration BCR Plant Installation and Maintenance - June 2020 3,300.00 2249 EFT 07/31/2020 10032 - Del Rey Building Maintenance Janitorial Services for AO Offices, FFO, SFO, CAO, SAO - June 20 3,256.50 2252 EFT 07/31/2020 10187 - Gardenland Power Equipment Sharpen Chainsaw Chains /Electric Powered Batteries/Ethanol Free 4-Cycle Fuel 2,768.99 Electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase payment security, and ensure quicker receipt by vendors page 1 of 10 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLAIMS REPORT MEETING # 20-17 MEETING DATE: August 12, 2020 Fiscal Year to date EFT:56.11% 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 2222 EFT 07/24/2020 11906 - Law Offices of Gary M. Baum Legal Services Rendered - June 2020 2,650.50 2242 EFT 07/24/2020 12050 - Wiss, Janney, Elstner Associates, Inc.Contingency - DHF White Barn Structural Stabilization thru May 2020 2,599.65 2255 EFT 07/31/2020 10626 - Koff & Associates, Inc.Board Appointee Compensation Study 2020 2,550.00 2248 EFT 07/31/2020 11238 - CXT Incorporated CA PE Stamped Drawnings 2,500.00 2224 EFT 07/24/2020 11617 - MIG, Inc.LH Public Access Working Grp Facilitation Srvs - May - Jun 2020 2,392.50 81305 Check 07/24/2020 *11730 - Standard Insurance Company RV Basic & Supplemental Life - July 2020 2,307.96 81294 Check 07/24/2020 12132 - Famous 4 Colors LLC Fully sublimated square bandana 50% ink coverage (qty 500)2,223.60 2256 EFT 07/31/2020 11887 - Koopmann Rangeland Consulting Build and Deliver 30 Wildlife Escape Ramps 2,171.00 2212 EFT 07/24/2020 12109 - Christine Sculati Grants Program Support - June 2020 2,125.00 2227 EFT 07/24/2020 10125 - Moffett Supply Company Inc Hand Sanitizer, Soap Dispensers, Toilet paper 2,050.99 2230 EFT 07/24/2020 *10212 - Pinnacle Towers LLC Tower Rental Skeggs Point - June 2020 2,042.30 2239 EFT 07/24/2020 10146 - Tires On The Go Tire Replacement for P108, P122 1,877.72 2262 EFT 07/31/2020 11288 - R+M Paving Contractors Inc Mt. Um Proj. Ins Reimburseable Repair Srvs. / Contingency - Mt Um Road Imp 1,740.00 81298 Check 07/24/2020 10058 - Liebert Cassidy Whitmore Human Resources Legal Consulting - June 2020 1,699.20 2220 EFT 07/24/2020 11492 - Hawk Design & Consulting La Honda Creek Agricultural Workforce Housing Project 1,650.00 81303 Check 07/24/2020 11918 - SF North Bay Law Management Coaching - 7 Meetings 1,610.00 81309 Check 07/31/2020 10706 - Bay Area News Group (Mercury News)Ad for Deer Hollow Farm 1,582.50 2240 EFT 07/24/2020 *10213 - Vision Service Plan-CA Vision Premium - July 2020 1,485.84 81311 Check 07/31/2020 10454 - California Water Service-949 Water Service (FFO) 1,353.44 81317 Check 07/31/2020 10338 - The Ed Jones Company, Inc Ranger Badges - 6 1,331.64 2246 EFT 07/31/2020 10723 - Callander Associates Ravenswood Bay Trail Connection Design & Const. Mgmt - June 2020 1,289.28 2266 EFT 07/31/2020 10952 - Sonic.net Internet Services 8/1/20 - 8/31/20 1,170.00 81300 Check 07/24/2020 11806 - Pacific Highway Rentals, LLC Traffic Sign Rental Services - Mt Um Imp Proj - 6/11 - 6/29 1,162.13 2258 EFT 07/31/2020 11270 - Municipal Maintenance Equipment Inc.T27 Parts for Tiger Mower 1,111.92 2208 EFT 07/24/2020 10001 - Aaron's Septic Tank Service WH Lower/Purisima Northridge Restroom Sanitation Services 970.00 81286 Check 07/24/2020 10706 - Bay Area News Group (Mercury News)Classified Advertising for Property Management Proposals 845.88 81313 Check 07/31/2020 *11551 - Green Team of San Jose Garbage Service (RSACP)798.52 81296 Check 07/24/2020 11141 - Jarvis Fay & Gibson LLP Legal Services Rendered - June 2020 780.00 2267 EFT 07/31/2020 11895 - Timmons Group Inc Work Order and Asset Management - June 2020 700.00 2225 EFT 07/24/2020 10031 - Mills Design Ads for Half Moon Bay Farmers Market/Warning Booklets for Visitor Services 618.75 2268 EFT 07/31/2020 10796 - Wemorph Inc.Citation Amendments printing 560.82 81302 Check 07/24/2020 11518 - Ranching By Nature Minor Fence Repair to P4 on Lone Madrone 525.00 2209 EFT 07/24/2020 11367 - Amah Mutsun Land Trust FY 2018 -19 Year 5 Grant - Plant Species Research 500.00 81316 Check 07/31/2020 10580 - Sharp Business Systems Sharp Copies - Printer costs - 5/29/20 - 6/30/20 441.94 81287 Check 07/24/2020 11680 - Biggs Cardosa Associates Inc Ravenswood Bay Trail Connection Project - June 2020 440.00 81318 Check 07/31/2020 11852 - Western Exterminator Co.Exterminator Service (RSA-Annex)426.50 2235 EFT 07/24/2020 11479 - Rootid, LLC Website Maintenance - Retainer Hours - June 2020 378.00 81315 Check 07/31/2020 10935 - Rice Trucking - Soil Farm Water Delivery at Toto 371.01 81292 Check 07/24/2020 11224 - County of Santa Clara Communications Dept Rectifier alarm at Black Mountain 362.50 2241 EFT 07/24/2020 11388 - Wagner & Bonsignore Water Rights Services 306.25 2215 EFT 07/24/2020 10187 - Gardenland Power Equipment Parts for Stihl Chainsaw 284.40 2221 EFT 07/24/2020 12091 - Intentional Communication Consultants Management Coaching - 5/18/20 250.00 81285 Check 07/24/2020 10274 - Bay Area Air Quality Mgmt. Dist.Permit to Operate Renewal Processing - SFO 239.00 81289 Check 07/24/2020 10014 - CCOI Gate & Fence Gate Service & Repair (SAO)214.17 81312 Check 07/31/2020 10168 - Cintas Shop Towel Service (FFO & SFO)168.95 81299 Check 07/24/2020 *10664 - Mission Trail Waste Systems AO Garbage Service - June 2020 140.51 page 2 of 10 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLAIMS REPORT MEETING # 20-17 MEETING DATE: August 12, 2020 Fiscal Year to date EFT:56.11% 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 2231 EFT 07/24/2020 12060 - Preferred Alliance, Inc.Off-Site Participants Testing - June 2020 134.68 81310 Check 07/31/2020 10141 - Big Creek Lumber Co Inc Primed cedar and orange tie downs 80.18 81308 Check 07/31/2020 *11880 - A T & T (CALNET3)Mt. Um Safety Phone - 6/7 - 7/6 45.76 1,437,170.07 *Annual Claims **Hawthorn Expenses A### = Administrative Office Vehicle HC = Hendry's Creek P### = Patrol Vehicle SCNT = Stevens Creek Nature Trail AO2, AO3, AO4 = Leased Office Space HR = Human Resources PCR = Purisima Creek Redwoods SCS = Stevens Creek Shoreline Nature Area BCR = Bear Creek Redwoods IPM = Invasive Plant Maintenance PIC= Picchetti Ranch SFO = Skyline Field Office CAO = Coastal Area Office ISM = Invasive Species Management PR = Pulgas Ridge SG = Saratoga Gap CC = Coal Creek LH = La Honda Creek RR = Russian Ridge SJH = Saint Joseph's Hill DHF = Dear Hollow Farm LR = Long Ridge RR/MIN = Russian Ridge - Mindego Hill SR= Skyline Ridge ECdM = El Corte de Madera LT = Los Trancos RSA = Rancho San Antonio T### = Tractor or Trailer ES = El Sereno M### = Maintenance Vehicle RV = Ravenswood TC = Tunitas Creek FFO = Foothills Field Office MB = Monte Bello SA = Sierra Azul TH = Teague Hill FOOSP = Fremont Older Open Space Pres.MR = Miramontes Ridge SAO = South Area Outpost TW = Thornewood GP = General Preserve OSP = Open Space Preserve SAU = Mount Umunhum WH = Windy Hill Abbreviations page 3 of 10 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLAIMS REPORT Wells Fargo Credit Card - June 2020 MEETING # 20-17 MEETING DATE 08-12-20 GL Date Amount Description 6/30/2020 198,416.50 City of Los Altos - permit application fees - New AO 6/30/2020 11,492.50 SharePoint migration/backup software plus 3y support & upgrades 6/30/2020 10,350.00 RSA Tree Pruning 6/30/2020 8,059.32 Comcast internet service - AO/FFO Jun 2020 6/30/2020 7,500.00 Rental - Green Climbing Mower - 5/5 - 6/1 6/30/2020 5,278.75 T32 Tractor Repair 6/30/2020 4,275.00 Vipre antivirus renewal 1year 5/2/20 - 4/30/21 6/30/2020 3,800.00 Website Quality Assurance/Accessibility Software Sub 6/30/2020 3,102.00 Phone service and SAO T1 - 5/16/20 - 6/15/20 6/30/2020 3,037.30 5 iPad Minis 6/30/2020 3,019.56 T45 Chipper Repairs 6/30/2020 3,004.60 5 iPad minis 6/30/2020 3,000.00 Meltwater Media Monitoring - 5/27/20 - 5/26/21 6/30/2020 2,550.00 VMWare training IST - Lin 6/30/2020 2,326.18 SCC permit fees - Deer Hollow Farm 6/30/2020 2,073.53 Noll Tam A.O. Renovation Drawing Sets 6/30/2020 2,059.47 Video Conferencing system for new SAO 6/30/2020 1,913.95 Visitor counters 6/30/2020 1,720.28 P97 Front/Rear Brake Replacement 6/30/2020 1,649.10 Canycom mower parts 6/30/2020 1,514.49 Lightbulbs and fixtures for LED upgrades 6/30/2020 1,438.00 Tires and alignment for P95 6/30/2020 1,370.00 Sewer lines survey - new AO 6/30/2020 1,369.91 Fire system/parts IST server room 6/30/2020 1,318.88 Fall Protection Rescue Device 6/30/2020 1,300.00 Tevas Barn Clean up BCR Stables Pre-Construction 6/30/2020 1,287.75 Visitor counters 6/30/2020 1,111.80 Uniform T Shirts 6/30/2020 1,070.60 Geocortex Rpt virtual for Data Analyst I - 6/25 -6/26 6/30/2020 1,059.48 New Ranger fire boots - Cowan 6/30/2020 990.00 HVAC quarterly maintenance - 6/8/20 6/30/2020 967.00 Pre-emp physical, resp fit test 6/30/2020 860.00 Complete Pest - 2 Yr Rodent Maint. - Mora Duplex 6/20 - 6/22 6/30/2020 670.34 Repairs to A94 from rodent damage 6/30/2020 659.72 Blinds for Bluebrush 6/30/2020 632.56 No parking signs - along Skyline and Purisima Creek 6/30/2020 620.44 Citation books 6/30/2020 588.00 Website analytics - Yearly subscription 6/20 - 6/21 6/30/2020 577.28 FOOSP - Sanitation Service 6/30/2020 575.00 Los Altos Chamber - Annual membership payment FY20-21 6/30/2020 557.82 SA/Kennedy Road - Sanitation Service 6/30/2020 548.23 6 keyboard and mouse combo 2 ssd hard drives 6/30/2020 541.80 Gel hand sanitize 6/30/2020 532.00 Commuter Check Program 6/30/2020 519.02 Adobe creative cloud software licenses 6/30/2020 506.65 PPE, moisture meter, and tree borer 6/30/2020 495.00 Assoc Finance Prof membership renewal - Jaskulak 6/30/2020 490.00 Pre-employment screening 6/30/2020 487.23 3 Pocket Weather Meters 6/30/2020 484.87 Tools and Supplies 6/30/2020 480.68 External hard drives 6/30/2020 480.00 Water Wall Barricades - RSACP 6/30/2020 477.41 Property research services, May 2020 6/30/2020 459.90 Zoom subscription for virtual public mtgs - 6/27/20 - 7/26/21 6/30/2020 450.00 Website hosting - June 2020 6/30/2020 447.34 Fire boots - Carabetta 6/30/2020 438.60 Hand Sanitizer 6/30/2020 410.32 Hydraulic Pump Hose - Kubota tractor 6/30/2020 405.79 Metal poles for plexiglass installation 6/30/2020 400.00 Academy housing deposit - Non refundable 8/17/20 - Cowan/Schenck 6/30/2020 363.17 SFO Garbage 6/30/2020 353.96 Water trough - Tunitas Creek Ranch 6/30/2020 350.24 Supplies for M226-EMO Truck 6/30/2020 350.00 M1 motorcycle class - Brown 8/24-8/25 6/30/2020 350.00 Chamberlin Real Estate Schoolcourse - Leong 6/30/2020 349.56 Kolpin Universal mounts 6/30/2020 330.00 Monthly rental for storage unit - A344 6/30/2020 317.58 Consultant work for incident report programming 6/30/2020 313.92 Utility trailer box 6/30/2020 300.00 Online survey software - Monthly subscription 6/30/2020 300.00 Payment for eSignature services subscription 6/19/20 - 6/18/21 6/30/2020 300.00 Room Rental Fee for PNR Committee Meeting Sept 1 2020 6/30/2020 299.88 Lynda.com training membership - Bazar 6/4/20 - 6/3/21 6/30/2020 292.50 Antenna caps for GPS receiver 6/30/2020 291.19 Passenger window replacement 6/30/2020 284.35 Adobe Acrobat DC 1year 5 licenses 6/30/2020 280.00 Room Rental Fee for Board Meeting Dec 7 2020 6/30/2020 276.98 SA-Mt Um - Fencing Rental @ Summit 6/30/2020 276.60 20 headphones for laptops 6/30/2020 273.00 Vehicle radio chargers 6/30/2020 266.07 Spray bottles/paper towels/disposable gloves 6/30/2020 265.10 Recurring Mercury News Subscription 6/30/2020 265.00 IRWA Course Ethics - Williams (6/26) 6/30/2020 257.03 Water Heater 18171-B Pheasant Road Residence 6/30/2020 249.00 HR Webinar 6-25-20 - Fraud in dispute 6/30/2020 249.00 Climate Chg Interp. Train. -Tjosvold 7/12 6/30/2020 249.00 Climate Chg Interp. Train - Vuoso 7/12 6/30/2020 246.83 Kohler touch free faucet decks 6/30/2020 246.05 Bay Area Air Quality Mgmt District Permit 6/30/2020 238.60 Sun X Sunscreen 6/30/2020 238.47 Printed Rhus Ridge Trail closure signs 6/30/2020 229.33 Door locks for Bergman main 6/30/2020 228.65 Email Marketing - June 2020 6/30/2020 224.92 Tools/Supplies for M226-EMO Truck 6/30/2020 220.61 A103 Battery 6/30/2020 218.00 LexisNexis Online Subscription - May 2020 6/30/2020 201.73 Zip ties 6/30/2020 200.00 Ranger stress debrief facilitation - 5/29/20 6/30/2020 200.00 Ranger stress debrief facilitation - 6/8/20 6/30/2020 200.00 Remote admin tool 1month service 6/30/2020 199.00 Virtual onboarding webinar - Vargas 6/30/2020 198.96 Battery replacement for Truck M204 6/30/2020 194.28 Office 365 Azure P2 x 3 licneses 6/30/2020 184.51 Office Supplies - laminating pouches 6/30/2020 175.00 Ranger fire training (Cowan) - July 2020 6/30/2020 175.00 Ranger fire training (Schenck) - July 2020 6/30/2020 169.24 Arborists Certificate Study Guide - Holback 6/30/2020 168.30 Paint sample for Red Barn 6/30/2020 164.50 Water Service for Rentals 6/30/2020 164.26 Water Service for Rentals 6/30/2020 161.18 Paint and painting supplies 6/30/2020 160.00 Renewal of Ca Clerks Org Membership - Woodworth 7/1/20 - 7/1/21 6/30/2020 155.00 Job announcement - Budget Manager 6/30/2020 150.00 GFOA advertise BA Manager 6/30/2020 140.00 Pest. App. Prof. Assoc. Dues/CEU Webinars 7/15-7/22 - Bankosh 6/30/2020 140.00 New Anemometer 6/30/2020 139.69 P102 Headlight Bulb Replacement 6/30/2020 138.19 Montebello cabin locks 6/30/2020 134.72 FOOSP Sanitation Service-ADA 6/30/2020 129.97 New Impact Driver/Black PVC Boots 6/30/2020 128.17 Combo locks for Bear Creek 6/30/2020 123.12 Plotter maintenance monthly print charges 6/30/2020 123.04 AO Water Service 6/30/2020 122.50 Certified Erosion Inspection Annual licence - Alexander 6/30/2020 122.01 FFO Shop Supplies 6/30/2020 114.00 Int'l Public Mgmt Assoc - HR Prof Mem. 6/1/20 - 5/31/21 - Vargas 6/30/2020 113.37 Water Service for Rentals 6/30/2020 112.77 P119 Oil Change/Air Filter 6/30/2020 112.11 Dewalt oscillating tool 6/30/2020 111.54 Office Supplies - bankers boxes for records retention 6/30/2020 109.65 M221 Supplies 6/30/2020 109.25 No Parking cardboard signs x100 6/30/2020 109.23 Monte Bello Smoke/CO and Alarm 6/30/2020 108.09 FFO Shop Supplies 6/30/2020 105.49 Metal cutting supplies 6/30/2020 104.89 Water Service for Rentals 6/30/2020 98.79 FOOSP - Sanitation Service ADA 6/30/2020 98.00 Lock repair service - AO 6/30/2020 97.61 Cargo rack for patrol motorcycle 6/30/2020 96.76 Trailer tire replacement 6/30/2020 95.05 Rotary group kit 6/30/2020 90.51 Stop Slow traffic control paddle x2 6/30/2020 89.97 Concrete Mix 6/30/2020 87.85 Oil change for M230 6/30/2020 87.33 Rodent Trap for FFO 6/30/2020 87.30 Restroom Closed signs 6/30/2020 87.00 Payment for County EMT license - Barshow 6/30/2020 85.05 iPad mini case x 2 6/30/2020 84.60 Laser adapter 6/30/2020 82.55 2.5 Gallon E-Z Fill Container 6/30/2020 80.88 Construction plans printing 6/30/2020 79.83 Parts touchless faucet installs at AO1 6/30/2020 78.40 Fasteners for plexiglass install AO1 6/30/2020 75.00 MB pay phone 6/30/2020 75.00 Training Webinar - Effective Delegation - Mort 6/30 6/30/2020 72.42 iPad mini case x 2 6/30/2020 72.42 iPad mini case x 2 6/30/2020 70.75 Office supplies for AO4 - monitor cleaner, command hooks 6/30/2020 69.19 Water Service for Rentals 6/30/2020 66.61 Adobe Acrobat Pro DC 1yr 1 licenses 6/30/2020 65.39 External hard drive 6/30/2020 65.30 Buckets, tools 6/30/2020 65.01 Paper towels 6/30/2020 64.45 Pump for tankless water heater flushing 6/30/2020 62.95 Bay Nature magazine subscription 6/30/2020 60.00 CalGovHR annual membership - 7/1/20 - 7/1/21 Wolfe 6/30/2020 59.99 Paint/supplies to cover graffiti 6/30/2020 59.94 Gas for M215 6/30/2020 59.84 Visitor counter supplies 6/30/2020 59.02 Shop Supplies 6/30/2020 58.96 Batteries 6/30/2020 58.88 Gas for M215 6/30/2020 55.58 Bottles for hand sanitizer 6/30/2020 55.25 Office mail containers 6/30/2020 54.32 Envelopes 6/30/2020 54.01 Water 6/30/2020 53.94 Water Service - WH lower lot 6/30/2020 53.74 COVID Supplies 6/30/2020 53.66 Come along puller 6/30/2020 53.42 Water Service for Rentals 6/30/2020 50.86 Palo Alto Utilities 6/30/2020 50.00 CalIPC Professional membership - Gartside 6/30/2020 50.00 Facebook advertising 6/30/2020 50.00 Facebook advertising 6/30/2020 50.00 International Institute of Municipal Clerk Webinar - Soria 6/30/2020 50.00 International Institute of Municipal Clerk Webinar - Soria 6/30/2020 50.00 International Institute of Municipal Clerk Webinar - Soria 6/30/2020 50.00 FFO backup internet connection 6/30/2020 50.00 Clerks Training - Leveraging Every Conversation 6/3 - Woodworth 6/30/2020 50.00 Crisis Comunication Strategies Training 6/24 - Soria 6/30/2020 49.50 Web Forms - June 2020 6/30/2020 49.10 Wasp Spray, Rat Trap 6/30/2020 49.00 Website Analytics - June 2020 6/30/2020 45.09 Laundry/Dishwasher Detergent 6/30/2020 44.81 Monte Bello cabin PVC parts 6/30/2020 44.68 COVID Supplies 6/30/2020 44.66 LH13 gate post repairs 6/30/2020 44.65 Toilet paper, zip lock bags, and soft soap 6/30/2020 43.69 Binoculars for Nesting Surveys 6/30/2020 43.34 Paper towels 6/30/2020 42.86 Parts for plexiglass install at AO1 6/30/2020 39.91 Drain line HVAC units main house 6/30/2020 39.16 Pump cutout switch for Bergman water system 6/30/2020 39.00 Online PDF viewer - June 2020 6/30/2020 38.79 Canycom Mower tire tubes 6/30/2020 38.23 Plumbing Pipe Cutter 6/30/2020 38.08 Spray Bottles 6/30/2020 37.98 Heavy duty tape gun 6/30/2020 37.77 Paper towels/laundry softener 6/30/2020 36.95 Parts for Montebello cabin water system 6/30/2020 36.18 Light fixture for kitchen 6/30/2020 36.00 Yearly Podcast subscription - Alpine Pond Tour 6/30/2020 35.91 Facebook Advertising - May 2020 6/30/2020 35.49 Office mail containers 6/30/2020 35.00 City Clerks Association - Virtual Institute Session - Soria 6/30/2020 35.00 Training-Leading with Emotional & Collective Int. 6/24-Woodworth 6/30/2020 33.82 Packing tape 6/30/2020 33.21 Parts for foothills toilets 6/30/2020 32.99 Car wash, P106 6/30/2020 32.78 Batteries 6/30/2020 32.76 Shop light for Skyline Ranch House 6/30/2020 32.69 Wireless Headset to use in home office for meetings 6/30/2020 32.41 Toilet parts for AO toilets 6/30/2020 30.44 Spray foam 6/30/2020 30.24 FOOSP Water Service 6/30/2020 29.49 Social Distancing Decals - RSACP 6/30/2020 29.40 Power Strips/Bit Driver 6/30/2020 29.29 Website Analytics - June 2020 6/30/2020 29.00 Midpen Online Store - June 2020 6/30/2020 28.61 Spray bottles for disinfectant 6/30/2020 27.04 Water system parts for Montebello cabin 6/30/2020 27.00 Use district credit card by mistake. Will reimburse district 6/30/2020 25.11 Replacement of Mice Infested Items 6/30/2020 24.95 Hunter safety course fee - Tokatlian 6/30/2020 24.47 Supplies for M226-EMO Truck 6/30/2020 23.97 Boots for Seasonal Ranger 6/30/2020 23.80 Visitor counter supplies 6/30/2020 22.92 Shipping tape 6/30/2020 21.84 O-ring organizer kit for touch free faucets 6/30/2020 21.79 Boots for Seasonal Ranger 6/30/2020 21.71 Picture frames for AO1 6/30/2020 21.30 Repair parts 6/30/2020 20.70 Toilet repair kit - 16060 Skyline D 6/30/2020 20.66 Montebello cabin water system parts 6/30/2020 20.00 Webinar - Measuring What Matters - Kahn 6/9 6/30/2020 20.00 Webinar -Social Media 411 - Kahn 6/25 6/30/2020 20.00 CAPIO webinar - social media analytics - Lau 6/9 6/30/2020 20.00 CAPIO webinar on social media best practices 6/30/2020 19.99 Ext cord for laptop & second monitor for working from home 6/30/2020 19.64 Social Distancing Decals 6/30/2020 18.52 Toilet paper 6/30/2020 17.99 Reflector 3 software - GIS 6/30/2020 16.37 Water Heater Line 18171-B Pheasant Road Residence 6/30/2020 16.33 Construction staples 6/30/2020 16.33 Parts - water fountain at AO1 6/30/2020 16.31 Spray Bottles 6/30/2020 15.96 Ongoing subscription Monthly - Los Altos Times 6/30/2020 15.66 Wiper Fluid 6/30/2020 15.41 EMT skills course - Barshow 6/30/2020 14.19 Thermometer for COVID fever checks 6/30/2020 14.04 Parts for Montebello cabin water filter repair 6/30/2020 13.95 Refreshments for Crew 6/30/2020 13.79 Return Shipping for Truck Parts 6/30/2020 13.10 Paper towels 6/30/2020 12.74 Oral thermometer COVID-19 6/30/2020 11.99 Monthly fee Dropbox - packet delivery 6/30/2020 8.73 Lysol spray 6/30/2020 8.71 Hand pumps for sanitizer 6/30/2020 8.70 Shipping boxes for radar guns 6/30/2020 8.69 Door handles for Kitchen Bluebrush 6/30/2020 8.18 ATV10 Rokon throttle cable 6/30/2020 7.00 GIS request desk subscription - Monthly 6/30/2020 4.93 Paint sample for Red Barn 6/30/2020 (21.66) Returned Surge Protector 6/30/2020 (27.19) Thornewood credit for extra tubing returned HVAC 6/30/2020 (108.15) Return credit -Impact Driver 6/30/2020 (129.93) Refund for incorrect language on signs 6/30/2020 (135.69) Returned Field Supplies 6/30/2020 (420.00) GFOA conference registration reimbursement - FIN 6/30/2020 329,322.53 Wells Fargo Bank Credit Card - June 2020 Rev. 1/3/18 R-20-87 Meeting 20-17 August 12, 2020 AGENDA ITEM 3 AGENDA ITEM Award of Contract to Sandbar Solar to Design and Install Solar Panels at the Skyline Field Office at Skyline Ridge Open Space Preserve GENERAL MANAGER’S RECOMMENDATIONS 1. Authorize the General Manager to enter into a contract with Sandbar Solar for a base amount of $151,533 to design and install a grid-tie solar panel system at the Skyline Field Office 2. Authorize a 10% contingency of $15,153 to be reserved for unanticipated issues, bringing the contract to a total not-to-exceed amount of $166,686. SUMMARY The recommended contract will enable a design-build contractor to work with Midpeninsula Regional Open Space District (District) staff to design and install a grid-tie solar panel system at the Skyline Field Office (SFO) at Skyline Ridge Open Space Preserve. The General Manager recommends awarding a contract to Sandbar Solar for a base amount of $151,533 and authorizing a 10% contingency amount of $15,153 for unanticipated issues, for a total not-to- exceed amount of $166,686. The proposed contract is slightly more than the $150,000 budgeted in the Fiscal Year 2020-21 (FY21) project budget. Staff will monitor expenses and will submit a budget adjustment during the quarterly budget review process for final additional amount. Staff will also seek budget savings in other projects to account for this slight overage. DISCUSSION Midpeninsula Regional Open Space District’s (District) Climate Action Plan identified the use of renewable electric energy generation as a method to reduce operational greenhouse gas emissions. At the SFO, there is an opportunity to use solar electricity generation to offset energy use. The Climate Action Plan recommendation under Facilities-2 identifies solar panel installation at field offices as a desirable option and describes the benefits of (1) generating in- situ solar electricity to reduce significant resource costs of distant energy generation (such as transmission loss and water use), (2) gaining energy independence, and (3) contributing additional clean energy to the grid. Due to the SFO location on the county line, renewable electricity providers (Silicon Valley and Peninsula Clean Energy) have been unable to commit to providing 100% renewable energy via the existing grid as they have at all other District facilities. Installation of solar electricity at this facility provides a renewable energy source and provides substantial long-term savings on PG&E R-20-87 Page 2 costs. The typical electricity bill is $800 per month or $9,600 per year. Anticipated generation of 83% of the electricity needs for the facility should result in a savings of $8,000 annually. In the bidding process, vendors were requested to provide a 30KW system with a budget of $150,000 and provide a system that can be expanded in the future (batteries, additional panels) and eventually meet 100% of the electric demand. Based on the two past years of PG&E bills and a localized photovoltaic electricity generation model, panels at SFO could provide approximately 83% of the electricity SFO uses annually and reduce the District’s annual greenhouse gas emissions by 3.37 metric tons of CO2-equivalent per year. This amounts to 0.2% of the total 2016 District emissions baseline and 1.7% of the 2016 facilities emissions baseline. Progress in reaching emission reduction goals is measured against the 2016 total baseline, with a goal of a 20% reduction by 2022. As of the last inventory in 2018, the District is short by 6% to meet the 2022 goal, and it is likely, but not certain, that actions taken in Fiscal Year 2019-20 (FY20) and planned for FY21 (e.g. increased employee telecommuting, purchase of electric motorcycles) will close that gap. The installation of the SFO solar panel array will help ensure that the 2022 emissions reduction goal is met. The chart above shows that there will be no net CO2 emissions from April to October when the panels are receiving maximum sun exposure and generate more electricity than is used at the office. During the winter, there will be less solar electricity generated due to shorter and cloudier days. SFO will supplement the solar generated electricity with PG&E grid-source electricity. At night, when the panels are not supplying electricity, the office will draw from the PG&E grid. Excess electricity generated at peak daylight times feeds back into the grid. The District will receive credit for the excess electricity generated by the solar panels and will use those accumulated credits when SFO pulls electricity off the grid. During Public Safety Power Shutoffs by PG&E or other outages, SFO will switch over to the existing propane generator to support continuous operation of the field office. In the planned 0.00 0.05 0.10 0.15 0.20 0.25 0.30 0.35 0.40 0.45 Ma y - 1 8 Ju n e - 1 8 Ju l y - 1 8 Au g u s t - 1 8 Se p t e m b e r - 1 8 Oc t o b e r - 1 8 No v e m b e r - 1 8 De c e m b e r - 1 8 Ja n u a r y - 1 9 Fe b r u a r y - 1 9 Ma r c h - 1 9 Ap r i l - 1 9 Ma y - 1 9 Ju n e - 1 9 Ju l y - 1 9 Au g u s t - 1 9 Se p t e m b e r - 1 9 Oc t o b e r - 1 9 No v e m b e r - 1 9 De c e m b e r - 1 9 Ja n u a r y - 2 0 Fe b r u a r y - 2 0 Ma r c h - 2 0 Ap r i l - 2 0 MT C O 2 e p e r M o n t h SFO's Electricity Footprint: Metric Tons of CO2e Per Month, With and Without Solar Array MTCO2e without Solar (Actual electricity data from PG&E) MTCO2e with Solar (Estimates of Solar energy generation from Sandbar proposal) R-20-87 Page 3 configuration, the solar system will not provide power to SFO when PG&E is shut down. An additional battery system to provide solar power during outages could be added at a later time but is not necessary to achieve carbon emission reductions or to avoid impacts due to interrupted electrical service. The solicitation process for a Design-Build contract includes two steps. The first step is to identify qualified design-build entities that can design and build the project to meet District objectives. A Request for Qualifications was advertised on BidSync and the District received three statements of qualifications that met the requirements to proceed with submitting a proposal. The second step is to identify which design-build entities can meet District objectives for the best value. All three entities were deemed qualified and subsequently were invited to submit cost proposals. One of the qualified entities declined to submit a price proposal due to the small scale of the project and lack of familiarity with the design-build procedures under state contracting law. The Design-Build process allows the selection of a design-build entity that provides the best value as determined by an evaluation of price, features, functions, life-cycle costs, experience, and past performance. Final proposals were submitted by Solar Harmonics and Sandbar Solar. Solar Harmonics proposed a ground-mounted system at a price of $162,443 with electric vehicle charging stations. Installation of electric vehicle charging stations was an optional item in the bid package and was only asked to be included in the bid if the solar panel system design required ground disturbance (for economy of scale). Sandbar Solar’s design proposal is for a roof top system with limited trenching and therefore did not include charging stations. Recent price estimates to separately install a SemaConnect charging station system that matches the system installed at the Administrative Office are $8,000 for materials and $2,500 for installation (or $10,500 in total). The Design Build proposals were not required to provide line item costs for charging stations, only a total price. Sandbar Solar’s proposal was for $151,533, or $10,910 less than the Solar Harmonics $162,443 proposal. Electric vehicle charging stations can be installed separately this fiscal year and located close to buildings with sufficient power to run the system. Based on staff review of both proposals, Sandbar Solar’s careful consideration of the current facility layout and how best to fit the solar system to the site, and Sandbar Solar’s total fee of $151,533 that is closest to the approved project budget, the Sandbar Solar proposal is deemed as providing the best overall value to the District. Staff recommends awarding the contract to Sandbar Solar. FISCAL IMPACT The FY21 adopted budget includes $150,000 for the Install Solar Panels #61011 project. The project budget does not cover the entire cost of the recommended action and expenditures. Staff will monitor expenses and submit a budget adjustment during the quarterly review process based on the final cost. Staff will also seek budget savings in other projects to accommodate the adjustment. In the long-term, savings in PG&E bills should see the system pay for itself in 12 to 13 years and see a return of approximately $200,000 in 25 years, which is the estimated life span of the solar panels. Staff will work with the contractor to submit for tax credits that may be available at the time of installation. R-20-87 Page 4 Install Solar Panels at Skyline Field Office 61011 Prior Year Actuals FY21 Adopted FY22 Projected Estimated Future Years TOTAL Total Budget: $0 $150,000 $0 $0 $150,000 Spent-to-Date (as of 07/14/2020): $0 $0 $0 $0 $0 Encumbrances: $0 $0 $0 $0 $0 Sandbar Solar Contract: $0 ($151,533) $0 $0 ($151,533) 10% Contingency: $0 ($15,153) $0 $0 ($15,153 Budget Remaining (Proposed): $0 ($16,686) $0 $0 ($16,686) The recommended action is not funded by Measure AA. BOARD COMMITTEE REVIEW Not reviewed by a Board Committee. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional public notice was made. CEQA COMPLIANCE The District concludes that this project would not have a significant effect on the environment. It is categorically exempt from the California Environmental Quality Act (CEQA) under Article 19, Sections 15301, 15303, and 15304 of the CEQA Guidelines below. Staff will file a Notice of Exemption citing these exemptions prior to project implementation. Section 15301 exempts the repair, maintenance, or minor alteration of existing public or private structures, facilities, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The installation of the new solar panels will involve minor modifications to the existing SFO roof to mount the solar panels and to the existing electrical infrastructure on the site to link the panels to the electrical grid. In conformance with this exemption, the installation of the solar panels will not expand use of the SFO. Section 15303 exempts new construction and location of limited numbers of new, small facilities or structures and the installation of small new equipment and facilities, including the construction of new solar panels. Section 15304 exempts minor public or private alterations in the condition of land, water, and/or vegetation, including minor trenching where the surface is restored, so long as the alterations do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. This exemption covers the minor trenching necessary to connect the solar panels and associated infrastructure. R-20-87 Page 5 NEXT STEPS With Board of Directors approval, the General Manager will approve the design-build contract. The contractor will finalize the design with District staff and proceed with permitting and installation of the grid-tie solar panel system. Responsible Department Head: Michael Jurich, Land and Facilities Prepared by: Craig Beckman, Area Manager, Land and Facilities Rev. 1/3/18 R-20-89 Meeting 20-17 August 12, 2020 AGENDA ITEM 4 AGENDA ITEM Consider designation of select preserve trails, roadways, and parking areas to allow electric bicycle use under a 1-year pilot project. GENERAL MANAGER’S RECOMMENDATIONS 1. Designate select trails at Ravenswood Open Space Preserve and Rancho San Antonio Open Space Preserve and County Park where bicycles are currently allowed as open to class 1 and 2 electric bicycle use under a 1-year pilot project, and determine that this action is categorically exempt from the California Environmental Quality Act. 2. Designate all roads and parking areas that are open to the public for motor vehicle use during regular preserve hours as also open to all classes of electric bicycles. SUMMARY Over the last few years, public interest in electric bicycles (e-bikes) for transportation and recreation has grown steadily across the country. This trend has been reflected locally by increased use on public roadways and acceptance by many land management agencies of e-bikes on bicycle trails and pathways. District rangers have also reported a rise in e-bike use on Midpeninsula Regional Open Space District (District) preserves. The General Manager recommends establishing a pilot program for allowing class 1 and 2 e-bike use on the Ravenswood Bay Trail and the bicycle trails in Rancho San Antonio County Park and Open Space Preserve, including the bike path and service roads. The areas recommended for the pilot are either paved, graveled, rocked, or a wooden boardwalk and do not include any natural surface trails. These trails serve either as commute routes through Ravenswood Preserve or as access routes to reach Rancho San Antonio Preserve, which is the District’s most visited preserve and located in close proximity to numerous neighborhoods and cities to facilitate the arrival of visitors by bicycle. All e-bikes, including class 3 e-bikes are an alternative method of transportation that is preferable to driving gas powered motor vehicles because they do not emit greenhouse gases. Therefore, the General Manager also recommends allowing all classes of e-bikes to travel in preserve parking areas, driveways, and roads that are open to general public motor vehicular use, including Mount Umunhum Road, to encourage more visitors to arrive to the preserves via e- bikes. R-20-89 Page 2 DISCUSSION District Ordinance 409.9 specifically prohibits the possession or use of e-bikes on trails or locations unless specifically designated for such use. Currently there are no specifically designated trails or locations on District lands. E-bikes are authorized for use under the District’s Other Power-Driven Mobility Devices (OPDMD) policy for persons with mobility disabilities, where bicycles are allowed, including narrow-width unpaved trails. The OPDMD policy also allows a variety of other power-driven devices for persons with mobility disabilities. Bicycle Trails at Ravenswood Preserve The 1.3-mile segment of the Bay Trail (Attachment 1, Ravenswood Proposed e-bike Trails) that runs through Ravenswood Open Space Preserve connects to 80 continuous miles of the Bay Trail. This Bay Trail segment is comprised of pavement, gravel and a wooden boardwalk. It provides the surrounding community with a bridge to nature and is a popular regional trail amongst bicyclists, including e-bike commuters who use the regional bike path to commute to numerous employment centers located along the shoreline. E-bike use on the District’s section of the Bay Trail would be consistent with the Bay Trail segments to the north and south of Ravenswood Preserve. The Cities of Palo Alto and Menlo Park manage these sections of the Bay Trail and allow class 1 and 2 e-bikes. Bicycle Trails at Rancho San Antonio Preserve The 1.7-mile bike path/roadway through Rancho San Antonio Open Space Preserve to Deer Hollow Farm is popular with bicyclists as are the service road/trail entrances from St. Joseph’s Avenue and Mora Drive (Attachment 2, Rancho Proposed e-bike Trails). These trails serve as alternatives to vehicle transportation to reach popular interior hiking trails at Rancho San Antonio Preserve, serving as an alternate mode of transit that supports multimodal access to the preserve. E-bike use on these designated trails would be compatible with regulations in all other Santa Clara County Parks, which allow class 1 and 2 e-bikes in all county parks where bicycles are allowed. Roads and Parking Areas open to Public Motor Vehicular Use Designating all roads, driveways, and parking areas that are open to the public for motor vehicle use during regular preserve hours as also open to all classes of electric bicycles, including the 5.5-mile Mt Umunhum Road, will also encourage bicycling as an alternative mode of transit to reach District preserves. E-bikes make travel via bicycle easier, more efficient, and therefore much more possible for a larger sector of the public because they allow bicyclists to travel farther with less effort. District Ordinance 409.9 prohibits the use of e-bikes on District lands except for the areas and trails designated for such use. The General Manager recommends designating select trails at Ravenswood and Rancho San Antonio to allow class 1 and class 2 e-bike use as well as allow all classes of e-bikes where public vehicles are allowed to encourage bicycle commuting to reach District preserves and to travel along the regional Bay Trail. The surfaces of the select trails and roadways are largely hardened with either pavement, gravel, or wood (boardwalk). Therefore, the addition of e-bike use should not impact trail maintenance or increase erosion. R-20-89 Page 3 FISCAL IMPACT REVIEW Fiscal Year 2020-21 (FY21) budget includes sufficient funds in the Visitor Services operating budget to cover the one-time costs related to replacing or updating signs. BOARD COMMITTEE REVIEW A presentation was made to the Board of Directors (R-19-155, Attachment 3) on November 20, 2019, to consider options for allowing e-bikes on District Lands. The Board directed the General Manager to return with (1) an evaluation and process to implement a phased one-year pilot program to allow class 1 e-bikes on select unpaved trails using a phased approach, including evaluating the ability to enforce District regulations and separate the impacts of analog and e- bikes on District natural resources, and (2) exploration to class 1 and 2 e-bikes on designated paved trails and roadways. Under this direction a project was created for Fiscal Year 2020-21 (FY21). As the FY21 budget recommendations were being finalized, the COVID pandemic struck and action plan adjustments were made, including deferring the e-bike project, to reduce the total budget and account for impacts to staff capacity. During the budget hearing on June 10, 2020 the Board expressed concerns about deferring the e-bike project entirely and directed staff to modify the project scope for FY21 to specifically focus on e-bike access on District paved trails and defer the evaluation of e-bike access on unpaved trails to FY22. The FY21 project scope was finalized by the Board during the Board meeting on June 24, 2020 to “explore pilot program for e-bike access on District paved trails (Attachment 4). PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE The recommended action to establish a pilot program for specific trails, roadways and service roads, most of which are paved, where bicycles are currently allowed in Ravenswood Open Space Preserve and Rancho San Antonio Open Space Preserve as open to class 1 and 2 electric bicycle use is categorically exempt from CEQA as follows: CEQA Guidelines section 15301. EXISTING FACILITIES CEQA exempts the operation or minor alteration of existing public or private structures, facilities, or topographical features, which involve negligible or no expansion of existing or former use. The use of e-bikes on paved trails where bicycles are already allowed represents a negligible expansion of use of existing trails. CEQA Guidelines section 15304. MINOR ALTERATIONS TO LAND CEQA exempts minor alterations in the condition of land which do not involve removal of healthy, mature, scenic trees and have negligible or no permanent effects on the environment. As stated herein, the use of e-bikes on paved trails where bicycles are already allowed will have a negligible effect on the environment. R-20-89 Page 4 CEQA Guidelines section 15311. ACCESSORY STRUCTURES CEQA exempts construction, or placement of minor structures accessory to (appurtenant to) existing facilities, such as on-premise signs. As described in this report, signs may be installed or altered in order to notify preserve users of the changes to the trail designation allowing e- bikes. CEQA Guidelines section 15306. INFORMATION COLLECTION CEQA exempts information gathering activities or actions that are part of a study leading to an action which the agency has not yet adopted, which do not result in a serious or major disturbance to an environmental resource. Changing the trail designation of certain trails to allow e-bikes will allow the District to collect information about e-bike use in certain areas. This information will inform future policy decisions about e-bike use on paved and unpaved trails. NEXT STEPS Pending Board approval, staff will open the designated trails to class 1 and 2 e-bikes as a pilot program. Printed and online material will be updated as needed. Staff will develop an outreach program that focuses on the trial nature of the e-bike use. Monitoring will include outreach, signage, intercept surveys and data collection related to compliance, accidents and visitor satisfaction/complaints. Staff will return in a about a year to report on use, visitor impacts, overall compliance and acceptance. In FY22 (July 2021 – June 2022), staff will bring an evaluation and process to implement a phased one-year pilot program to allow class 1 e-bikes on select unpaved trails, including evaluating the ability to enforce District regulations and separate the impacts of analog and e- bikes on District natural resources to the Planning and Natural Resources Committee (PNR). At that time, PNR will consider recommending to the full Board whether to proceed with a pilot e- bike program on unpaved trails. Attachments: 1. Ravenswood Proposed e-bike Trails 2. Rancho San Antonio Proposed e-bike Trails 3. Board Report R-19-155 4. June 24, 2020 Board Meeting Minutes 5. Public Comments received prior to August 6, 2020 Responsible Department Head: Brian Malone, Assistant General Manager for Visitor and Field Services Prepared by: Matt Anderson, Chief Ranger, Visitor Services Department SFPUC EAST PALO ALTO D O N E D W A R D S N W R PALO ALTO BAYLANDS S F B a y RAVENSWOOD OPEN SPACE PRESERVE Un i v e r s i t y A v e E A S T P A L O A L T O MENLO PARK Kavanaugh Dr Fo r d h a m S t Purd u e A v e Ste v e n s A v e Drew Ct Purd u e A v e Rut g e r s St Notre Dame Ave Temp l e C t Go n z a g a S t Illi n o i s S t Tulane A v e Ge o r g e t o w n S t O 'br ien D r Em m e t t W y Xavier St An n a p o l i s S t Ba y l o r S t Ad a m s D r Pu l g a s A v e HunterSt Ta r a S t B a y R d Bay Rd Bay Rd U n i v e r s i t y A v e Bay Trail (Opening 2020) Bay Trai l ( O p e n i n g 2 0 2 0 ) B a y T r a i l Bay T r a i l B a y T r a i l Ravenswood Proposed E-bike Trails and Connectivity Pa t h : G : \ P r o j e c t s \ a _ D i s t r i c t w i d e \ E _ B i k e \ R W _ E B i k e \ B a y T r a i l _ P a v e d R o a d 2 0 2 0 0 7 2 0 . m x d Cr e a t e d B y : r b u 0 1,000500 FeetI MROSD Preserves 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 Parking Area San Francisco Oakland San Jose Santa Cruz Area of Detail Other Protected Lands Other Public Agency Midpeninsula Regional Open Space District (Midpen) 8/1/2020 Private Property Highway or Major Road Unpaved Trail Decking/Boardwalk Paved Road/Trail Bicycle Use Allowed City Boundary Bay Trail Beyond Ravenswood Attachment 1 !# !P !P Mora Entrance St. Joseph Entrance C a n y o n O ak W ay Ke n b a r R o a d M a d r o n e C t O a k V a ll e y R d W e s t L o y o l a D riv e St. Jose p h s A v e . M a nza nita C o urt Rave n s b u r y A v e n u e O akLane Ranc h o S an Antonio S e rviceRoad C r i s t o R e y Drive R a v e n s b u r y A v e nue C risto R e yDrive Magdalena Avenue E a s t b r ook Avenue Mora D ri v e M oraTrail C r i s t o ReyDrive R A N C H O S A N A N T O N I O C O U N T Y PA R K S C V W D Interstate H ig h w a y 2 8 0 W il d ca t L oop Tr a i l R a v e n s b u r y T r a i l R ancho S a n A n t o n i o B i k e P a t h Ste p h e n E.Abb ors Trail C o y o t e T r a il High M eadowTrail Hill T r a il R a n c h oSanA ntonio Servic e R o a d L o w e r M e a d o w T r a il H a m m ond-Snyd e r L o o p Trail S o u t h M e a d o w T r a il F a r m Byp a ss Tra il P e r m a n e n t e C r e e k T r a i l Ro g u e Valley Trail M ora Trail Deer M ead o w T r a i l Chamise Trail Rancho San Antonio Proposed Trails for E-bike Use Pa t h : G : \ P r o j e c t s \ a _ D i s t r i c t w i d e \ E _ B i k e \ R S A _ E B i k e \ R S A _ P a v e d T r a i l 2 0 2 0 0 7 2 0 . m x d Cr e a t e d B y : r b u 0 1,000500 FeetI MROSD Preserves 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 Parking Area Santa Cruz Hayward Fremont Santa Clara San Jose Area of Detail Other Protected Lands Private Property Unpaved Road Width Midpeninsula Regional Open Space District (Midpen) 8/1/2020 Highway Trail Paved Road WidthPaved Surface RANCHO SAN ANTONIO OPEN SPACE PRESERVE Bicycle Use Allowed !#Deer Hollow FarmPedestrian Route Attachment 2 Rev. 1/3/18 R-19-155 Meeting 19-29 November 20, 2019 AGENDA ITEM 5 AGENDA ITEM Electric Bicycle Policy GENERAL MANAGER’S RECOMMENDATIONS Review and provide feedback on options related to electric bicycle use on Midpeninsula Regional Open Space District lands and select one or more of the following options for further consideration and environmental review. 1.Limit class 1 and 2 electric bicycles to designated paved trails and roadways. 2. Allow class 1 electric bicycles on all paved and unpaved trails and roadways that allow bicycles and limit class 2 electric bicycles to designated paved trails and roadways. 3. Allow class 1 and 2 electric bicycles on all paved and unpaved trails and roadways that allow bicycles. The General Manager would return at a later date with environmental review findings for the Board of Directors to make a final decision and if required, a change to the District Land Use Regulations. SUMMARY Over the last few years, sales of electric bicycles have grown steadily across the country. Electric bicycles include both electric road bicycles and electric mountain bicycles. The Midpeninsula Regional Open Space District (District) currently prohibits the use of electric bicycles unless they function as an Other Power-Driven Mobility Device (OPDMD) for a person with a mobility disability. Local advocacy groups have reached out to land managers to promote the technology, benefits, and compatible use of electric bicycles. The District has seen an increase in requests from the public to allow electric bicycle use. The General Manager recommends reviewing the potential options for allowing electric bicycles and selecting one or more options to analyze the potential environmental impacts under the California Environmental Quality Act and to conduct any additional research, as directed by the Board, for further consideration at a later date. BACKGROUND When electric bicycles (e-bikes) were introduced, most municipal and regional park and open space agencies, including the District and Federal land management agencies (i.e. National Park System, National Wildlife Refuge System, Bureau of Land Management) categorized them as motorized vehicles and prohibited them on trails along with traditional motorized vehicles and devices like scooters and motorcycles. Attachment 3 R-19-155 Page 2 In 2014, the Board updated its Land Use Regulations (R-14-06), which included the enactment of Section 409.9, prohibiting the possession or use of e-bikes on trails unless the trail was designated for such use. Currently there are no trails or locations designated for e-bike use on District lands. However, under the District’s Other Power-Driven Mobility Devices (OPDMD) policy and consistent with the Americans with Disabilities Act (ADA), e-bikes are authorized for persons with a mobility disability where bicycles are allowed, including narrow-width unpaved trails. In recent years, e-bike advocates have worked with manufacturers and land managers to improve relations and general acceptance of e-bikes. The American e-bike manufacturers led a successful effort to create three categories of e-bikes, including electric mountain bikes (eMTBs). This classification system was accepted by all manufacturers and has been adopted by 22 states, including California in 2016, when this classification system was incorporated into the California Vehicle Code (CVC). This classification system places strict requirements on e-bike design and capabilities along with a distinction between an electric bicycle and motorized bicycles/mopeds. These new laws prompted many local agencies to revisit and revise their policies for e-bike use on bike paths and trails, as they are no longer categorized as motorized vehicles. District Board Policy 4.07 – Trail Use prohibits the use of motorized vehicles and sets guidelines for designating trails appropriate for bicycle use. It also sets a guideline target use designation of 60% to 65% multi use trails (including bicycles). Of the 244 miles of trails open to the public, 157 miles (64%) are open to bicycles. While the District does not currently allow e-bikes, there is no signage specifically prohibiting e-bike use on preserves. The prohibition of e-bikes is listed on the District website. DISCUSSION In response to an increase in questions and calls from preserve visitors and trail patrollers about e-bike use, and in recognition of the growing popularity and sale of e-bikes, a 2018 District Leadership Academy group researched and analyzed District and peer agency e-bike policies and experiences. The findings of this analysis reflect an opportunity for the Board to reassess the District’s e-bike policy. The most recent Board review of the District Land Use Regulations occurred in 2014, when a clarification in the language was included regarding the prohibition of motorized devices. Subsequently in 2016, the State of California adopted a new classification system that no longer categorizes e-bikes as a motorized device. Given this change, and the recognition that e-bikes appeal to a growing demographic with physical limitations and represent an opportunity to reduce emissions along bicycle commute routes, many agencies like the District are reviewing their e-bike policy. E-Bike Description Section 312.5 of the California Vehicle Code (CVC) defines an e-bike as having fully operable pedals and an electric motor of less than 750 watts. American e-bike manufacturers created a classification system that designates three categories of e-bikes: class 1, class 2, and class 3. This classification system and model legislation has been adopted by 22 states, including California. (see Attachment 1). Below are descriptions for each class of e-bike. • Class 1 electric bicycle: a “low speed pedal-assisted bicycle” with an electric motor that provides assistance only when the rider is pedaling, up to 20 mph. Attachment 3 R-19-155 Page 3 • Class 2 electric bicycle: a “low speed throttle-assisted bicycle” that may be propelled exclusively with an electric motor (without pedaling) up to 20 mph. • Class 3 electric bicycle: a “speed pedal-assisted electric bicycle” with an electric motor that provides assistance only when the rider is pedaling, up to 28 mph. CVC section 21207.5 (b) prohibits the use of class 3 e-bikes on recreational trails and paths unless the public agency with jurisdiction chooses to permit them and provides that a public agency may prohibit class 1 and 2 e-bikes on trails within the agency’s jurisdiction. Electric Mountain Bike (eMTB) Description Many bicycle manufacturers make e-bikes, but not all make a electric mountain bikes or the eMTB version. An eMTB is functionally different from an e-bike (which is intended primarily for use on paved or improved surfaces) in that an eMTB is designed for the rigors of trail use. Typically outfitted with mountain-bike-specific technology, such as disc brakes, suspension, and a wide gear range, eMTBs like all e-bikes are electric-powered (not gas-powered), quiet, and emissions-free. Most eMTBs from major manufacturers are also categorized as class 1 electric bikes. Sales Trends and User Profile Sales of eMTBs has grown steadily over the last few years, particularly in Europe. In general, the overall e-bike category in the U.S. has grown about 450% since 2013, with year-over-year growth averaging around 50%.1 Sales data reflect that most e-bikes sold are in the class 1 category. The only difference between class 1 and class 2 is that with a class 2, the electric motor can be used exclusively to power the bicycle using a throttle; in other words, pedaling is not required. Over the last couple of years, inquiries from the public and staff regarding District policy on e- bikes, and more specifically eMTBs, have increased. Most of the people contacting the District are local riders transitioning from a regular mountain bike to an eMTB due to age or physical limitations and are looking for opportunities to extend their enjoyment for riding on District preserves. Advocates, such as PeopleForBikes, promote that e-bikes and eMTBs are designed to be as safe as traditional bikes, do not compromise consumer safety, and benefit bicyclists who may be discouraged from riding a traditional bicycle due to limited physical fitness, age, disability, or convenience. Regional Policies and Feedback from Peer Agency Survey As with any type of interruptive technology, the increase in e-bike use has not come without controversy and debate among public land managers, trail users, and eMTB advocates. Locally, there is mixed support and varying restrictions on its use. Many restrictions have not been updated since the CVC updated the definition of e-bikes and are based on laws and definitions of 1 People for Bikes, eMTB Land Manager Handbook Attachment 3 R-19-155 Page 4 motorized vehicles or devices. Personal perceptions and philosophical objections are another basis for restricting e-bikes. Thirteen local and regional park agencies were surveyed by the Leadership Academy group in 2018, including California State Parks; Cities of East Palo Alto, Palo Alto, Menlo Park, and San Jose; Counties of Santa Clara, Marin, and Sonoma; East Bay Regional Parks District; Marin Municipal Water District; Santa Clara Valley Open Space Authority; and Soquel Demonstration Forest (CalFire) on their policies and experiences with e-bikes. (see Attachment 2). Many of the agencies are currently reviewing their policies or have recently amended them. • Eight of the agencies allow e-bikes on paved roadways and paths, while four do not. (Option 1). • All agencies treat class 1 and class 2 e-bikes the same (Option 2). • Four agencies (Santa Clara and San Mateo County Parks, State Parks and Santa Clara Open Space Authority) allow them on unpaved roads, trails and paths, while eight agencies do not (Option 3). Survey results from peer agencies related to e-bike use are summarized below. Top Three Concerns: 1. Trail User Experiences / Potential User Conflicts • Although there is a perceived conflict where e-bikes are allowed, very few complaints have been received by other user groups. • Biggest issue reported is the exceedance of speed limits (this is also a common complaint with non-electric MTB use in general) • There appears to be a disconnect between perceptions and reality of e-bike use. • E-bike usage has been minimal to date. 2. Potential for Trail Condition Impacts • Although peer agencies raised concerns about potential trail condition impacts (different wear patterns and soil displacement because e-bikes are heavier), no increase in trail maintenance was reported and few trail condition issues were noted. • Biggest issue reported: illegal trails (also a common complaint with MTB in general). 3. Potential for Natural Resource Impacts • Although peer agencies raised concerns about the potential for natural resource impacts, no specific issues were reported. • No formal studies have been completed to date. Reasons cited for policies that do not allow e-bikes: o Unknown Environmental Impacts o Non-compatible use o Classified by local ordinance or policy as motorized devices o Increased need for emergency medical response o Concern about batteries sparking a fire o Concerns raised by organizations and communities Attachment 3 R-19-155 Page 5 Benefits of allowing e-bike use o Accessibility (e.g. a majority of e-bike users at EBRPD are over 50 years old) o Adapt to evolving technologies and ways of enjoying open space o Increasing level of public interest and use o E-bikes are generally accepted and go unnoticed after use is allowed o May allow more people to bike to preserves o Consistency with neighboring land management agencies E-bike Use on Federal Lands - National Park System (NPS), National Wildlife Refuge System (NWRS), Bureau of Land Management (BLM) On August 29, 2019 the Secretary of the Interior issued executive order #3376, directing all federal land management agencies to revise their rules and regulations to allow e-bikes where other types of bicycles are allowed (see Attachment 3). The overarching purpose behind this order was to “increase recreational opportunities for all Americans, especially those with physical limitations and to encourage the enjoyment of lands and waters managed by the Department of Interior” and to “simplify and unify regulation of e-bikes on federal lands managed by the Department.” Department of Interior land management agencies were given a 30-day timeframe to submit a summary of policy changes in response to the order and a timeline to seek public comment. All Department Directors have complied with the directive and have issued orders establishing policy changes allowing e-bikes where traditional bicycles have been allowed and prohibited them in other locations. Perception vs Reality A perception of negative trail impacts related to ebike use was cited by some land managers as a concern. In 2015, the International Mountain Bicycling Association (IMBA) conducted a study designed to compare the relative levels of soil displacement and erosion between traditional mountain bicycles, electric mountain bicycles (eMTBs), and traditional off-road motorcycles. Results show that soil displacement and tread disturbance from class 1 eMTB and traditional mountain bicycles were not significantly different (statistically) and are much less compared to a gasoline-powered motorcycle use (see Attachment 4). Many visitors with a negative perception of eMTBs tend to think of them more like a motorcycle than a bicycle. Two separate intercept studies conducted in 2017 in Colorado by Jefferson County Colorado Open Space and PeopleForBikes/Bicycle Product Suppliers Association reported similar findings regarding perceptions. Most people who demo-ed an eMTB reported a positive experience and their perceptions of eMTBs changed for the better (see Attachments 5 and 6). However, the PeopleforBikes study also noted that many of those who demo-ed an eMTB believe that eMTBs, because of their motor, belong on motorized trails. FISCAL IMPACT The FY19-20 adopted budget includes sufficient funds in the Visitor Services operating budget to cover the onetime costs related to replacing or updating signs if the Board chooses option 3. Options 1 and 2 are not anticipated to incur costs other than staff time to update District information and change the Land Use Regulations. No new signage would be required. Attachment 3 R-19-155 Page 6 BOARD COMMITTEE REVIEW This item was not previously reviewed by a Board Committee. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE District staff will conduct CEQA review to evaluate the potential environmental impacts, if any, of the option(s) selected by the Board that merit further consideration and evaluation. NEXT STEPS District staff will conduct CEQA review of the selected Board option(s) and any additional research, as directed by the Board. The findings and any additional information will be presented to the Board at a later date for a final decision. Depending on the final decision, changes to the District Land Use Regulations and/or signage may be required. Attachments 1. California’s E-Bike Law 2. Table of Peer Agencies Policies 3. Secretary of the Interior Order No. 3376 - Electric Bikes 4. IMBA e-bike Environmental Impact Study 5. Jefferson County Co. Open Space Survey 6. PeopleforBikes eMTB Intercept Survey 7. Written Public Comments submitted prior to noon on November 14, 2019 Responsible Department Head: Brian Malone, Assistant General Manager Prepared by: Matt Anderson, Chief Ranger, Visitor Services Department Contributing Analysis provided by: Leadership Academy Project Team: Jen Williams, Volunteer Program Manager Hayley Edmonston, Management Analyst 1 Cody Fickes, Lead Open Space Technician Jeff Smith, Ranger Attachment 3 Electronically Distributed To Law Enforcement Visit our Web Site—http://www.dmv.ca.gov LAW ENFORCEMENT INFORMATION MEMO MEMO: 16-02 SUBJECT: NEW LAWS CONCERNING ELECTRIC BICYCLES Memo Date: February 10, 2016 JUSTICE AND GOVERNMENT LIAISON BRANCH • COMMUNICATION PROGRAMS DIVISION • © 2016 STATE OF CALIFORNIA, DEPARTMENT OF MOTOR VEHICLES. ALL RIGHTS RESERVED. Purpose To provide information to law enforcement regarding new laws establishing three classes of electric bicycles and changes in the definition of a motorized bicycle. Background Prior law defined a motorized bicycle or moped as a two or three-wheeled device with pedals, or powered solely by electrical energy, and an automatic transmission and a motor that is capable of reaching a maximum speed of 30 miles per hour (MPH). New Information Effective January 1, 2016, Assembly Bill 1096 makes the following changes to the California Vehicle Code: §312.5 defines an electric bicycle as having fully operable pedals and an electric motor of less than 750 watts. Class 1 electric bicycles are assisted by a motor-pedal device; class 2 bicycles have a throttle-assist device. Neither shall be capable of providing assistance once the bicycle reaches the speed of 20 MPH. The class 3 electric bicycle has a motor-pedal device that shall cease to provide assistance when it reaches 28 MPH and will have a speedometer. §406 defines a motorized bicycle or moped as a two or three wheeled device with fully operative pedals for human propulsion, or having no pedals if powered solely by electrical energy, with an automatic transmission and a motor producing less than four gross brake horsepower that is incapable of exceeding 30 MPH. §12804.9 excludes all classes of electric bicycles described in California Vehicle Code §312.5 from being defined as a Class M2 vehicle. §21113(f) allows a transit development board to adopt ordinances to restrict or specify the use of electric bicycles on property controlled by or used by the board. §21113(g) allows a public agency, such as the Regents of the University of California and the Trustees of the California State University, to adopt rules to restrict or specify the conditions for the use of electric bicycles on public property under the jurisdiction of that agency. §21207.5 prohibits the use of class 3 electric bicycles on a bicycle path or trail, bikeway, bicycle lane, equestrian trail, or hiking or recreational trail, unless it is within or adjacent to a roadway or unless the local authority or governing body of a public agency having jurisdiction over the trail permits. In addition, a local authority or governing body of a public agency having jurisdiction over a trail described above may prohibit class 1 and 2 electric bicycles on that trail. Attachment 1 Attachment 3 Electronically Distributed To Law Enforcement Visit our Web Site—http://www.dmv.ca.gov New Information (Cont.) §21213 prohibits a person less than 16 years of age from operating a class 3 electric bicycle. A person shall not operate a class 3 electric bicycle or ride as a passenger upon a street, bikeway, bicycle path or trail, unless that person is wearing a properly fitted, fastened, and approved bicycle helmet, which further applies to a passenger while in a restraining seat or trailer attached to the bicycle. §24016 requires electric bicycles to meet the following criteria: Comply with equipment and manufacturing requirements adopted by the United States Consumer Product Safety Commission. The electric mo tor must disengage or cease to function when the brakes are applied. Additionally, operators are subject to the following criteria: A person operating an electrical bicycle is not subject to financial responsibility, driver license, registration, and lice nse plate requirements. A person shall not tamper with or modify an electric bicycle to change the speed capability unless the person appropriately replaces the manufacturer label indicating the classification change. Contact Questions regarding the infor mation contained in this memo or changes to the e-mail distribution list may be directed to the Justice and Government Liaison Branch at (916) 657-7732 or via e-mail at jaglaw@dmv.ca.gov. RICO RUBIONO, Deputy Director Communication Programs Division Attachment 1 Attachment 3 Attachment No. 2 Regional Policies Thirteen local and regional, park agencies were surveyed including California State Parks, Cities of East Palo Alto, Palo Alto, Menlo Park, and San Jose. Counties of Santa Clara, Marin, Sonoma. East Bay Regional Parks District, Marin Municipal Water District, Santa Clara Valley Open Space Authority, Soquel Demonstration Forest (CalFire). Eight of the agencies allow ebikes on paved roadways and paths, four do not. Four agencies allow them on natural roads, trails and paths, eight do not. One agency is in the process of allowing class 1 and 2 on paved surfaces and considering class 1 and 2 for unpaved trails. Agency Allow on Paved Trails Allow on Unpaved Trails Comments California State Parks* Yes Yes Class 1 and 2 only where bikes are permitted. Individual units can have different rules. City of East Palo Alto* No No They are in the process of amending their municipal code to allow e-bikes on paved bicycle paths which includes a section of the Bay Trail south of Bay Rd which is managed by the City of Palo Alto. City of Palo Alto* No No Currently only allow e-bikes under ADA but will consider amending ordinance to be consistent with neighboring agencies for Bay Trail management. City of Menlo Park* Yes No Allows all classes of e-bikes on paved trails, including Bay Trail. City of San Jose Yes No Class 1 and 2 only where bikes are permitted East Bay Regional Parks District Yes No Allows all classes of e-bikes on selected paved trails only. Marin County Parks and Open Space Policy being revised to allow class 1 and 2 e-bikes on paved bicycle and multi-use pathways. Class 3 allowed only on roadways and parking lots. Considering study to allow class 1 and 2 on unpaved trails. Attachment 3 Marin Municipal Water District No No Have formed a citizens advisory committee to provide a citizen perspective on the potential usage of e-bikes on MMWD’s watershed lands. San Mateo County Parks * Yes Yes Class 1 and 2 only where bikes are allowed. However, allowed bicycle use is limited. Santa Clara County Parks* Yes Yes Class 1 and 2 only where bikes are permitted, paved and unpaved. Santa Clara Valley OSA * Yes Yes No formal policy for or against, do not see a lot of them. Gathering more info to make policy recommendation. Considering class 1, possibly 2. No class 3. Sonoma County Parks Yes No Class 1 and 2 only where bikes are permitted Soquel State Demonstration Forest (CalFire) No No Does not allow e-bikes. * These agencies manage lands with local and regional trail connections to District lands Attachment 3 THE SECRETARY OF THE INTERIOR WASHINGTON ORDER NO . 3 3 7 6 Subject: Increasing Recreational Opportunities through the use of Electric Bikes Sec . 1 Purpose. This Order is intended to increase recreational opportunities for all Americans , especially those with physical limitations , and to encourage the enjoyment of lands and waters managed by the Department of the Interior (Department). This Order simplifies and unifies regulation of electric bicycles ( e-bikes) on Federal lands managed by the Department and also decreases regulatory burden. Sec. 2 Authorities. This Order is issued under the authority of section 2 of Reorganization Plan No. 3 of 1950 (64 Stat. 1262), as amended , as well as other relevant statutes. Sec. 3 Background. Bicycling is an excellent way for visitors to Federal lands to experience America ' s rich natural heritage. Bicycling has been popular in America since the early nineteenth century. Since then, innovation in the design and production of bicycles has dramatically increased mechanical efficiency , opening bicycling to a greater number of people in a larger number of environmental and geographical conditions. A relatively recent addition to the design of some bicycles is a small electric motor which can provide an electric power assist to the operation of the bicycle. Reducing the physical demand to operate a bicycle has expanded access to recreational opportunities , particularly to those with limitations stemming from age, illness, disability or fitness , especially in more challenging environments , such as high altitudes or hilly terrain. While e-bikes are operable in the same manner as other types of bicycles and in many cases they appear virtually indistinguishable from other types of bicycles, the addition of a small motor has caused regulatory uncertainty regarding whether e-bikes should be treated in the same manner as other types of bicycles or, alternatively, considered to be motor vehicles. This uncertainty must be clarified . To resolve this uncertainty the Consumer Product Safety Act (Act) provides useful guidance. That Act defines a "low-speed electric bicycle" to include a "two-or three-wheeled vehicle with fully operable pedals and an electric motor ofless than 750 watts (1 h.p ,), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph", subjecting these low-speed e-bikes to the same consumer product regulations as other types of bicycles (15 U.S.C. § 2085). A majority of States have essentially followed this definition in some form. Uncertainty about the regulatory status of e-bikes has led the Federal land management agencies to impose restrictive access policies treating e-bikes as motor vehicles , often inconsistent with State and local regulations for adjacent areas . The possibility that in some cases e-bikes can be propelled solely through power provided by the electric motor, a function often used in short duration by older Attachment No. 3 Attachment 3 2 or disabled riders as an assist, has contributed to confusion about e-bike classification. Further, Federal regulation has not been consistent across the Department and has served to decrease access to Federally owned lands bye-bike riders. Sec. 4 Policy. Consistent with governing laws and regulations: a) For the purpose ofthis Order, "e-bikes" shall mean "low-speed electric bicycle" as defined by 15 U.S.C. § 2085 and falling within one of the following classifications: i) "Class 1 electric bicycle" shall mean an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour; ii) "Class 2 electric bicycle" shall mean an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle , and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour; and iii) "Class 3 electric bicycle" shall mean an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of28 miles per hour. b) E-bikes shall be allowed where other types of bicycles are allowed; and c) E-bikes shall not be allowed where other types of bicycles are prohibited. Sec. 5 Implementation. I direct the Assistant Secretaries for Fish and Wildlife and Parks, Land and Minerals Management, and Water and Science, as appropriate, to do the following: a) Within 14 days of the date of this Order, unless otherwise prohibited by law or regulation: i) To the extent existing regulations allow, adopt a Bureau/Service-wide policy that conforms to the policy set forth in Sec. 4 of this Order; ii) Amend or rescind any prior written policies as appropriate; iii) Instruct the Director, Fish and Wildlife Service (FWS) to develop a proposed rule to revise 50 CFR § 25.12 and any associated regulations to be consistent with this Order, add a definition fore-bikes consistent with 15 U .S.C. § 2085, and expressly exempt all e-bikes as defined in Sec. 4a from falling under the definition of off-road vehicle; iv) Instruct the Director, National Park Service (NPS) to develop a proposed rule to revise 36 CFR § 1.4 and any associated regulations to be consistent with this Order, add a definition fore-bikes consistent with 15 U.S.C. § 2085, and expressly exempt all e-bikes as defined in Sec. 4a from the definition of motor vehicles; Attachment No. 4 Attachment 3 3 v) Instruct the Director, Bureau of Land Management (BLM) to develop a proposed rule to revise 43 CFR § 8340.0 -5 and any associated regulations to be consistent with this Order, add a definition fore-bikes consistent with 15 U.S.C. § 2085 , and expressly exempt all e-bikes as defined in Sec. 4a from the definition of off-road vehicles or motorized vehicles; and vi) Instruct the Commissioner, Bureau of Reclamation (BOR) to develop a proposed rule to revise 43 CFR § 420.5 and any associated regulations to be consistent with this Order, add a definition fore-bikes consistent with 15 U.S.C. § 2085, and expressly exempt all e-bikes as defined in Sec. 4a from the definition of off-road vehicles . b) Within 30 days of the date of this Order, submit a report to the Secretary including: i) A summary of the policy changes enacted in response to this Order; ii) A summary of any laws or regulations that prohibit the full adoption of the policy described by this Order; and iii) A timeline to seek public comment on changing any regulation described above. c) Within 30 days of the date of this Order, provide appropriate public guidance regarding the use of e-bikes on public lands within units of the National Park System, National Wildlife Refuge System, lands managed by BLM, and lands managed by BOR. Sec. 6 Effect of the Order. This Order is intended to improve the internal management of the Department. This Order and any resulting reports or recommendations are not intended to, and do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its departments, agencies, instrumentalities or entities, its officers or employees, or any other person. To the extent there is any inconsistency between the provisions of this Order and any Federal laws or regulations, the laws or regulations will control. Sec. 7 Expiration Date. This Order is effective immediately. It will remain in effect until its provisions are implemented and completed, or until it is amended, superseded, or revoked. Secretary of the Interior Date: AUG 2 9 201 9 Attachment No. 4 Attachment 3 PREPARED FOR: Bicycle Product Suppliers Association PREPARED BY: The International Mountain Bicycling Association Trail Solutions Program PO Box 20280 Boulder, CO 80308 SOLUTIONSTRAIL Attachment No. 4 A Comparison of Environmental Impacts from Mountain Bicycles, Class 1 Electric Mountain Bicycles, and Motorcycles: Soil Displacement and Erosion on Bike-‐Optimized Trails in a Western Oregon Forest Attachment 3 2 Table of Contents Abstract ................................................................................................................................................... 3 Introduction ........................................................................................................................................... 5 What is an eMTB? .......................................................................................................................................... 5 What's Needed ................................................................................................................................................ 6 Where to Start ................................................................................................................................................. 6 IMBA’s Role in Studying eMTBs .............................................................................................................. 7 Study Goals ...................................................................................................................................................... 7 Study Hypotheses ......................................................................................................................................... 7 Study Area .............................................................................................................................................. 9 Test Trail .......................................................................................................................................................... 10 Study Methods ................................................................................................................................... 12 Site Preparation ............................................................................................................................................ 12 Controlled Variables ................................................................................................................................... 12 Cross-Sectional Area “CSA” Measurements ................................................................................... 13 Condition Class Assessment (“CCA”) ................................................................................................ 14 Data Analysis ................................................................................................................................................ 15 Study Results ..................................................................................................................................... 16 Change in Tread Surface .......................................................................................................................... 16 Class 1 eMTBs vs. Traditional Mountain Bicycles ......................................................................... 18 ANOVA & Tukey HSD Test ....................................................................................................................... 19 Condition Class Assessment ................................................................................................................. 20 Discussion .......................................................................................................................................... 21 Study Limitations ......................................................................................................................................... 21 Access Implications for Land Managers ........................................................................................... 21 Conclusion .......................................................................................................................................... 23 Appendix A: Throttle Test ............................................................................................................. 24 Throttle Observations: Mini Test .......................................................... Error! Bookmark not defined. Appendix B: Literature Review ................................................................................................... 25 Literature Cited .................................................................................................................................. 27 Attachment No. 3 Attachment 3 3 Abstract In the fall of 2015, under contract with the Bicycle Product Suppliers Association (BPSA), with counsel from a field of recreation management experts, and through a review of existing studies of erosional impacts from trail users, the International Mountain Bicycling Association (IMBA) conducted a scientifically controlled field study designed to measure relative levels of soil displacement and erosion resulting from traditional mountain bicycles, electric mountain bicycles (eMTBs), and traditional off-road motorcycles (i.e. dirt bikes). The observations were compiled in controlled environmental conditions, with each type of bike making multiple passes on separated sections of the same trail within a single test site. IMBA developed these hypotheses for this small initial study: • Soil displacement and erosion caused by mountain biking will be consistent with existing studies showing relatively low impact as with other types of non-motorized travel on this type trail (a bike-optimized trail also considered a sustainable trail) and this set of local conditions. • Soil displacement and erosion from Class 1 eMTBs will likely fall somewhere between those caused by mountain bikes and motorcycles. It is expected that they will much more closely resemble those of mountain bikes. • It is expected that Class 1 eMTBs may lead to greater soil displacement under certain conditions, such as through turns, including bermed turns; on ascents and descents; and where there are abrupt changes in trail conditions. Results from the field experiment show that, under this set of conditions, soil displacement and tread disturbance from Class 1 eMTBs1 and traditional mountain bikes were not significantly different, and both were much less than those associated with a gasoline-powered motorcycle. Understanding the potential resource impacts of trail-based recreation is a necessary and important first step for formulating management strategies. This is especially important for new types of recreational pursuits, such as the fast emerging power-assisted vehicles like eMTBs. Additional research is needed to further assess the range of environmental and social impacts for successful eMTB use on public lands. Mountain bicycling is a solely muscle-powered activity, and is thus regulated as a non-motorized use, along with hiking, trail running, and horseback riding. eMTBs are not entirely muscle- powered. IMBA recognizes that eMTBs, particularly Class 1 eMTBs, are substantially different from other motorized uses, and may warrant a separate category and new management strategies. IMBA does not have an advocacy interest in this Class 1 eMTB study, but is leading this study 1 A “Class 1 electric bicycle,” or “low-speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. Attachment No. 3 Attachment 3 4 as a respected partner of land management agencies; to further knowledge about recreational trails; and to inform future discussions with members, chapters, land mangers, the bike industry, and other user groups. Attachment No. 3 Attachment 3 5 Introduction The emergence of electric bicycles, commonly known as e-bikes, is a rapidly growing component of the bicycle market in the US (MacArthur and Kobel, 2014). As a transportation option, they represent an opportunity to reduce vehicle use and emissions, as well as the physical barriers to cycling. For use on trails, they present similar opportunities to reduce barriers to cycling but, as a new use, present new challenges for trail management. While already popular in Europe, the use of eMTBs is on the rise in North America, and their increased presence is sparking controversy within the trail user community. Electric mountain bikes are generally defined as motorized vehicles for the purposes of trail use on federal lands, with states and municipalities expected to make their own decisions. All trail users affect the trail surface and surrounding environment, especially when trails are poorly constructed. Those impacts range from vegetation loss to soil erosion, and related water quality problems. However, there is no evidence that traditional mountain bicycling causes greater environmental impact than other recreational trail uses. In fact, current research suggests that mountain bicycling impacts are similar to hiking, and less damaging than equestrian and motorized users. There have been no studies of the environmental impacts of eMTBs specifically, but there exist numerous studies on the impacts of both mountain bicycles and off-road motorcycles, which provide a basis for developing research protocols. One could speculate that the impacts of eMTBs on trails would fall somewhere between the two modes, but this is a rather wide span, particularly regarding soil displacement under certain trail conditions, e.g., turn exits, steep grades, and/or non-cohesive soils. The lack of existing data may contribute to poor trail management decisions that may either unnecessarily ban eMTBs from trails or allow them where their impacts will be disproportionate to their use. An understanding of how eMTBs affect the environment and trail management is needed so that land managers and the communities that support them can make informed access decisions. The purpose of this study was not to decide whether eMTBs should be regulated as bicycles or motorcycles, or whether they are appropriate for shared-use on non-motorized trails. These decisions are for land managers to make in consultation with their recreation community. This report provides an understanding of some of physical impacts to trails associated with this use, and how these might differ from those associated with traditional mountain bicycles. What is an eMTB? A Class 1 eMTB is an e-bike that can be pedaled under human power alone as well as pedaled with the assistance of a battery-powered electric motor. eMTBs are capable of and primarily designed for off-road use, with wider, lugged tires, a sturdier frame, and front or dual suspension Attachment No. 3 Attachment 3 6 systems. State traffic codes and regulations apply to transportation routes (e.g. streets and bike paths) only and have no bearing on recreational routes (e.g. singletrack trails), so it is up to land management agencies at each level of government to define their own rules and regulations regarding eMTB use. The current definition of eMTBs defines them as motorized vehicles for the purposes of recreational trail use on federal lands, with states and municipalities looking to federal agencies for guidance. However, states and municipalities generally have greater flexibility in defining trail access than federal agencies. What's Needed An understanding of how eMTBs affect the environment and trail management is needed so that land managers and the communities that support them can make informed decisions about trail design, construction, and management. In order to achieve a better understanding of the impacts of eMTBs on the trail landscape, several factors need to be studied: • Test Riding: Comparison of eMTBs alongside mountain bicycles and motorcycles helps understand how eMTBs perform and are used on trails, what the experience is, and how that might affect other trail users. • Test Trails: It is likely that impacts to trails are somewhere between mountain bikes and motorcycles, but this is unknown. Test trails are needed to understand and measure the effects on trails directly and to the surrounding environment. Future efforts should focus on developing and testing eMTB-specific trails. • Special considerations for trail design, construction, and maintenance o Grade, turns, jumps, and trail direction are some of the trail design and management characteristics that could be affected. o Weight: eMTBs are considerably heavier than mountain bicycles but as technologies improve, weight may become less and less of a factor and may ultimately be indistinguishable from regular mountain bicycles. o Ascending trails: eMTBs make ascending even very steep and technical trails easier. Power and ability to keep weight over rear wheel can help to maintain traction. • How the trail experience is similar to and differs from mountain bicycling Empirical study is the best way to understand the impacts and make reasonable assertions regarding environmental and social effects. Where to Start There are a host of potential environmental impacts to the landscape from any trail user, from soil erosion to the spread of invasive species and wildlife impacts. For this initial study, it was important to select a project suitable for the scope and that would provide meaningful initial data Attachment No. 3 Attachment 3 7 for future studies. Soil displacement and erosion were selected as the best choice for this first small-scale study. “Soil erosion is the single most important, managerially significant trail degradation indicator.” (Jewell & Hammitt, 2000) IMBA’s Role in Studying eMTBs IMBA has an interest in continuing to deliver best practices in trail construction and management. IMBA does not directly gain from this study. A cursory look at IMBA’s eMTB user survey, along with the comments on blog posts and magazine articles, suggests that IMBA risk the ire of a share of its members in engaging in this study. While eMTBs are motorized, they most closely resemble traditional mountain bicycles and have the potential to impact mountain bicyclists more than other users. As such, IMBA has an obligation to provide information to land managers, its members, and trail communities in managing and creating experiences appropriate for this evolving use. As the leader in trail design, construction, and management, IMBA possesses the requisite set of skills to provide technical assistance to study the effects of eMTBs on trails. Likewise, IMBA’s role in providing user management resources to land managers makes it imperative that IMBA take a leadership role in identifying conflicts and opportunities presented by the advent and evolution of eMTBs. Study Goals The goals of the study are to: • Further IMBA’s overall knowledge base regarding trail design, trail construction, and environmental impacts related to mountain biking and other trail uses. • Provide an objective analysis of the physical impacts of Class 1 eMTBs relative to traditional mountain bikes and traditional dirt bikes by measuring soil displacement after hundreds of passes on a controlled course. • Gather information regarding possible social impacts associated with Class 1 eMTBs. • Provide land managers with data and analysis to assist them in making informed decisions regarding appropriate access. • Create a baseline of data about the impacts of Class 1 eMTBs, which will inform what types of additional studies are warranted. Study Hypotheses • Soil displacement and erosion caused by mountain biking will be consistent with existing studies showing relatively low impact as with other types of non-motorized travel on this Attachment No. 3 Attachment 3 8 type of trail (a bike-optimized trail is also considered a sustainable trail) and this set of local conditions. • Soil displacement and erosion from Class 1 eMTBs will likely fall somewhere between those caused by mountain bikes and motorcycles. It is expected that they will much more closely resemble those of mountain bikes. • It is expected that Class 1 eMTBs may lead to greater soil displacement under certain conditions, such as through turns, including bermed turns; on ascents and descents; and where there are abrupt changes in trail conditions. Attachment No. 3 Attachment 3 9 Study Area The study took place on existing trails on Bureau of Land Management (BLM) lands in Northwest Oregon. The BLM and IMBA have a regional assistance agreement to cooperate in trail related planning, design, and research. The test trail sections were on low-use bike- optimized trails, designed and constructed using IMBA best management practices, with short sections of former extraction roads used to create short loops for each mode. Topography of the test site is generally north-facing aspect with moderate slopes ranging from 20-50%, at elevations ranging from 2,100-2,300 feet (640-700 m). Average rainfall is 80 inches per year (203 cm), with a temperate climate characterized by wet winter and spring, and dry summer months. Soils in the area are well draining, comprised of volcanic Zygore gravelly loams, with parent material of volcanic ash over colluvium derived from basalt and andesite. (NRCS, 2016.) Prior to testing, soils were consistently very dry across the test site, the area having experienced lower than average spring precipitation. The vegetation is typical of Western Cascade foothills, dominated by a Douglas fir-Western hemlock forest community, with Western red cedar, red alder, and big leaf maple also common. Understory is comprised primarily of Oregon grape (Mahonia sp), salal (Gaultheria shallon), and sword fern (Polystichum minutum); with grasses and blackberry (Rubus discolor and R. ursinus) dominating along open roadbeds. Attachment No. 3 Attachment 3 10 Figure 1. Study Area: BLM Managed Lands near Sandy, Oregon. BLM lands are shown in yellow. Test Trail The section of trail was selected for several reasons: • It has several bermed turns and runs, connected by an old access road up the middle. This was used to break the trail into short loop sections that have similar conditions for testing of each mode efficiently. • It sees relatively low use, compared with most other trails in the area, meaning closures during testing periods were accomplished with minimal impact to users. • IMBA staff designed and constructed the trails and were familiar with the terrain and soil conditions. • Vehicle access is restricted, so it was unlikely that any unauthorized users, especially motorized users, would access the trail. • Trail users are accustomed to the sounds of motorized machinery (in this case, dirt bikes) and trail closures for trail construction. • The test site was not visible from trail closure points at intersections. No warranty is made by the Bureau of Land Management as to the accuracy, reliability or completeness of these data for individual or aggregate use with other data. Original data were compiled from various sources. This information may not meet National Map Accuracy Standards. This product was developed through digital means and may be updated without notification. For internal use only. Scale 1: March 18, 2016 https://webmaps.blm.gov/Geocortex/Html5Viewer/index.html?viewer=rmpwo_interactive_map 63,999 Miles 0 2.02 BLM Lands - Mt Hood Area Plan Boundary Lands managed under separate RMPs Lands managed under the RMPWO Township and Range Sections County Boundary Resource Area Boundary Coastline Waterbodies Perennial Lake / Reservoir Intermittent Lake Swamp / Marsh Estuary Playa Areas Stream/Rivers, Other (Canal Ditch, Spillway, etc.) Wash Wetlands Highways - Large Scale Interstate US Highway State Highway Unknown Jurisdiction Highway Ramps, Frontage Roads, Spurs, Connectors Land Ownership Bureau of Land Management U.S. Forest Service National Park Service U.S. Fish and Wildlife Service Bureau of Indian Affairs Other Federal State Local Government Private/Unknown Attachment No. 3 Attachment 3 11 The trail was closed during preparation and testing. Trail construction warning and temporary closure signs were placed at access points to this trail section and at key decision points within the trail system in order to restrict use outside of test laps. Given the potential for controversy regarding eMTBs among the mountain bicycling community, care was taken in not disclosing the location of the test site prior to and during field testing to avoid tampering with the test site. Attachment No. 3 Attachment 3 12 Study Methods Site Preparation • Test trails were along the same section of trail, with no intersections. • Test loops ranged from 1900 to 3100 feet (~600 to 950 m) in length, comprised of a contour singletrack descending section, with rollers, dips, and a bermed turn. Singletrack trail sections were connected into loops using an old roadbed. Each roadbed climb had two at-grade steep turns (20-25% grade) and a straight run at 12-15% grade. • Ten permanent sample sites were set up on each loop to observe and record cross- sectional areas (CSA). Seven sample sites were established on each singletrack section, with three sample sites on each roadbed section. • Sample sites were paired to match trail conditions for each loop (e.g. each had sample sites at comparable locations on bermed turns, road bed climbs, trail grade, tread texture, etc.). Sample sites were selected to capture a range of trail conditions. o Two plastic survey stakes (16” x 2”) were placed at each sample location, perpendicular to the trail tread, 51.2 inches (130 cm) apart (the span of the CSA measurement tool), as measured from the center of the stake head. Stakes were placed into the ground so that the head was flush with the surface. Efforts were made to keep stake heads as close to level as possible, in some cases meaning that part of the head of the stake was countersunk. o Each stake was identified with the sample site number and a letter indicating whether it was on the uphill (“A”) or downhill (“B”) side of the tread. For roadbed locations, or where uphill and downhill was not obvious, the left side marker (as one faced the trail in the direction of travel for the test) was labeled as “uphill” (“A”). o In order to ensure that the sampling location could be relocated in the event of tampering or other damage to the placement of the markers, survey marker locations were measured from reference tree markers (round pre-numbered aluminum tags, affixed to trees using aluminum nails). The distance (to 0.1 cm) and bearing to two tree markers was recorded for each survey marker location. Controlled Variables To the extent feasible given the study scope, effort was made to control for environmental, equipment, and rider variables. Environmental variables controlled across sample sites include: • Soil type • Soil moisture • Vegetation type and canopy cover • Level of use • Tread texture and surface stability Attachment No. 3 Attachment 3 13 • Trail feature (e.g. roller, dip, insloped turn) • Trail grade Equipment and rider variables controlled: • Wheel size (for MTB and Class 1 eMTB) • Tire make and model (for MTB and Class 1 eMTB) • Tire pressure (for MTB and Class 1 eMTB) • Rider skill and weight Cross-Sectional Area “CSA” Measurements • A CSA tool was created to allow for consistent, replicable measurements at each sample station (Figure 2). The CSA tool was placed at a fixed height on the uphill side, at 30 cm above the survey marker surface. The downhill side was adjusted in height until level along the horizontal. • Three levels were monitored (1 horizontal axis and 2 vertical axes) throughout the sampling to maintain consistent measurements. Measurements were replicable to +/-1 mm at each interval. Figure 2: Layout of trail transect and formula for calculating CSA. (From: (Cole, 1983) • CSA was measured at each sampling station. Vertical measurements were captured using the CSA tool at 10 cm intervals across the trail tread, up to 120 cm from the uphill side fixed marker. • Measurements were taken at 0 (prior to test), 50, 100, 200, and 500 laps for Class 1 eMTB and mountain bike modes. Motorcycle mode was measured at 0, 50, 100, and 200 laps. • Motorcycle laps were discontinued after 200 laps due to concerns regarding tread damage. Attachment No. 3 Attachment 3 14 • All test riders were advanced to expert riders and were asked to ride as they normally would. • CSA measurements and photos were taken at 0, 50, 100, 200, and 500 laps. • Soil moisture was captured at each sample location twice daily during testing (in the morning and afternoon) using a HydroSense soil moisture meter (volumetric water content measured at 6-12 cm depth). • Additional observations captured include disturbance area and condition class along the entire tread (not just at sample sites). Figure 3. CSA measurements along the test trail loops at permanent sampling stations. Condition Class Assessment (“CCA”) A CCA was used to assess the overall impact of experimental treatments along the full length of each trail segment (not exclusively at sampling sites). CCAs are commonly used in trail assessments to provide rapid, qualitative evaluations of site conditions. Classes were modified to reflect the range of disturbance conditions at this test site. (Jewell & Hammitt, 2000; J. L. Marion & Leung, 2001) Condition'Class'Assessment Description Depth,(loose, soil),,cm Trench, depth,,cm CC1 no,to,minimal,disturbance,,not,visibly,different,from,start,condition <0.5 <0.5 CC2 minor,disturbance,,less,than,half,tread,width,,noticable,soil/litter, movement 0.5C2 <0.5 CC3 moderate,disturbance,,greater,than,half,of,tread,width,,noticable,soil, movement,,loose,soil,evident 2.0C4.0 0.5C2.0 CC4 high,disturbance,,loose,soil,common,throughout,tread,,accumulation, evident,,some,trenching/breaking,tread,evident 4.0C6.0 2.0C4.0 CC5 severe,disturbance,,trenching,and,piling,of,soil >6cm >4.0 Attachment No. 3 Attachment 3 15 Data Analysis • Data preparation: Any soil movement or change in the tread surface is important to capture, not just soil loss. Loose soil is often pushed to the side such that no change in total CSA would be measured, but this loose soil is available for erosion. Total change in soil surface is used, whether an increase or decrease was recorded (absolute value of change from 0-lap measurement). • For group pairs, t-tests (two-sample and Welch) were used to compare sample means. Analysis of Variance (ANOVA) was used to compare sample groups, with a Tukey Honest Significant Difference test (Tukey HSD) as a post-hoc test to determine significance for group pairs. • Data were transformed as needed to meet test assumptions. • Data analysis was conducted using R (The R Foundation, version 2.15.1). Attachment No. 3 Attachment 3 16 Study Results This small study represents a very limited set of site and user conditions, the results of which may or may not be replicated in other locations and test conditions. No broad conclusions should be made from the observations presented. Change in Tread Surface One way to visualize soil movement (displacement and/or erosion) is to show a profile of trail sample sites. In order to compare paired sites (sample sites with similar trail conditions: slope, grade, texture, and feature), only the change in tread surface is shown and absolute values are used so that both soil increases and decreases can be illustrated, as any soil movement was important to capture. This allows for side-by-side comparison of sample sites by trail condition. A few selected sample sites are shown below (Figures 4-6). Figure 4. Trail profiles at 0 and 500 laps (200 laps for motorcycle). These show change in tread surface from the 0 lap measurement. For the motorcycle, you can see both trenching and piling of soil material as soil is displaced side-to-side and pushed downslope. These are from comparable sample sites on the roadbed. The sample site illustrated in Figure 4 is for a short steep climb on a roadbed. Under these site conditions, the mountain bicycle and Class 1 eMTB show similar soil movement (low), while the the motorcycle showed much greater soil displacement and erosion (large dip). The motorcycle engages a throttle for propulsion that moves the wheels even in the event of a loss of traction. This can lead to considerable soil movement, as is seen in Figure 4. !16$ !14$ !12$ !10$ !8$ !6$ !4$ !2$ 0$ 2$ 4$ V0$V1$V2$V3$V4$V5$V6$V7$V8$V9$V10$V11$ Ch a n g e ' i n ' t r e a d ' s u r f a c e , ' c m ' Tread'cross'sec4on,'ver4cal'measurements'at'10'cm'intervals' Roadbed'climb' 0$laps$ Mountain$Bike$ eMTB$ Motorcycle*$ Attachment No. 3 Attachment 3 17 Figure 5. Trail profiles at 0 and 500 laps (0 and 200 for motorcycle). These show change in tread surface from the 0 lap measurement. Measurements taken at 10 cm intervals across each sample site, perpendicular to the trail. Greater soil displacement is seen for the Class 1 eMTB than for the mountain bicycle (some tread holes were observed forming), but much less than for the motorcycle. These are from comparable sample locations at the upper leg of a bermed turn. The sample site illustrated in Figure 5 is at a berm entrance, in the descending direction. Under these site conditions, the mountain bicycle showed the least amount of soil movement and the Class 1 eMTB showed slightly greater soil movement (both at 500 laps). However, both modes represent relatively little soil movement compared to the motorcycle (at 200 laps). As in Figure 4, there is a large dip in the tread, showing soil loss at the tread center from the motorcycle. All modes are likely braking while approaching a turn, though the inslope of the berm allows users to carry more speed than in other kinds of turns (e.g. switchbacks). In this situation, the combination of approaching speed and the mass of the vehicle could be affecting the soil movement differently: The Class 1 eMTB could allow users to approach the turn more quickly leading to greater soil movement upon braking and/or simply the weight difference (approximately 8 kg/20 lbs) could be sufficient to produce this result. Similarly, but on a much greater scale, the motorcycle can both approach the turn more quickly and has a much greater mass than either the Class 1 eMTB or the mountain bike (motorcycle weight plus protective equipment is roughly 250 lbs; engine output ranges approximately 100-200 times that of the potential output for this 350W Class 1 eMTB motor). !5# !4# !3# !2# !1# 0# 1# 2# V0#V1#V2#V3#V4#V5#V6#V7#V8#V9#V10#V11# Ch a n g e ' i n ' t r e a d ' s u r f a c e , ' c m ' Tread'cross'sec4on,'ver4cal'measurements'at'10'cm'intervals' Berm'entrance' 0#Laps# Mountain#Bike# eMTB# Motorcycle*# Attachment No. 3 Attachment 3 18 Figure 6. Sample site: Exit from bermed turn, descending direction The sample site illustrated in Figure 6 is for an exit from a bermed turn, in the descending direction. Under these site conditions, all modes show little soil movement. A typical wheeled user under these trail conditions would be simply rolling through the site, using little to no braking and no pedaling or throttle engagement. With a durable tread, as was the case for this study, no soil movement was measurable under these user conditions (simply rolling along the tread). Class 1 eMTBs vs. Traditional Mountain Bicycles Because the motorcycle was only tested to 200 laps, a direct comparison could not be made with the Class 1 eMTBs and mountain bicycles at 500 laps. However, this data point still provides valuable information for the study. While the average change in tread surface across all 10 sample sites was greater for Class 1 eMTBs than for mountain bicycles, there was considerable site to site variability, especially for mountain bicycle sites, as shown by the error bars in Figure 7. When comparing Class 1 eMTBs to mountain bicycles, a simple t-test could be used for analysis (Table 1). Table 1. Comparison of average change in tread surface for Class 1 eMTBs and mountain bicycles at 200 and 500 laps using Two Sample t-test. There was no significant difference between the modes (α=0.05) at either 200 or 500 laps. pair laps t p(value eMTB(MTB 200 0.3638 0.7202 eMTB(MTB 500 (1.1122 0.2807 !5# !4# !3# !2# !1# 0# 1# 2# V0#V1#V2#V3#V4#V5#V6#V7#V8#V9#V10#V11# Ch a n g e ' i n ' t r e a d ' s u r f a c e , ' c m ' Tread'cross'sec4on,'ver4cal'measurements'at'10cm'intervals' Berm'exit' 0#Laps# Mountain#Bike# eMTB# Motorcycle*# Attachment No. 3 Attachment 3 19 In considering average change in tread surface by mode after 200 laps, a difference between motorcycle impacts and those associated with Class 1 eMTBs and mountain bicycles is readily apparent (Figure 8). However, there is high variability among the motorcycle group of sample sites (note the span of error bars for “DB200”), as some sites experienced large amounts of soil displacement and rutting, while others showed little to no soil movement. ANOVA and Tukey HSD Test An analysis of variance (ANOVA) was conducted to determine if there was a significant difference between groups where more than two groups are compared, in this case: Change in tread surface for motorcycle, Class 1 eMTB, and mountain bicycle after 200 laps. Data were log transformed in order to meet test assumptions. The ANOVA showed that there was a significant difference between groups (F=5.822, p-value=0.0079), but this test cannot show which groups were different. The Tukey HSD Test is a post-hoc test, used following the ANOVA to identify which groups had significant differences. This test revealed that there was a significant difference between change in tread surface from motorcycles (DB) and that of both Class 1 eMTBs and traditional mountain bicycles (MTB) (p=0.0173 and p=0.0169, respectively; see Table 2). There was no significant difference between Class 1 eMTBs and mountain bicycles (p=0.9999). 0" 50" 100" 150" 200" 250" 300" 350" MTB$200$eMTB$200$DB$200$ Change$in$tread$surface$area$a6er$200$ laps$by$each$mode$(cm2)$ Figure 8. Average change in tread surface (absolute value) per sample site transect (cm2) after 200 laps. Error bars represent 95% confidence intervals. Attachment No. 3 Attachment 3 20 Table 2. Tukey HSD Test results following significant ANOVA result. Fields highlighted in blue show significant results by mode pairs. Condition Class Assessment Figure 9. Tread disturbance by mode, after 500 passes. Total represents any disturbance (CC2 or greater; CC1 is no noticeable disturbance and is not included here). 0%# 10%# 20%# 30%# 40%# 50%# 60%# 70%# 80%# 90%# total#CC2#CC3#CC4#or#5# %" D i s t u r b a n c e " Mountain#Bike# eMTB# Motorcycle# lower&&&&&&&&upper eMTB,DB&,0.9931 ,1.8282 ,0.1580 0.0173 MTB,DB&&&,0.9976 ,1.8327 ,0.1625 0.0168 MTB,eMTB&,0.0045 ,0.8396 0.8306 0.9999 &&Difference& in&means&&&& p,value& (adjusted)Mode&pair 95%&Confidence&Interval Attachment No. 3 Attachment 3 21 Discussion All trail users affect the trail surface and surrounding environment, especially when trails are poorly constructed. Those impacts range from vegetation loss to soil erosion, water-quality degradation, and disruption of wildlife. However, there is no evidence that mountain bicycling causes greater environmental impact than other recreational trail uses. In fact current research suggests that mountain bicycling impacts are similar to hiking, and less damaging than equestrian and motorized users. An emerging body of research suggests that when it comes to impacts to soils, water quality, and vegetation, the primary issue is not the type of user, but the way the trail is designed and constructed. IMBA conducted a small trail impact study that measured soil displacement and erosion from traditional mountain bicycles, Class 1 eMTBs, and motorcycles under the same environmental conditions on separated sections of the same trail, within a single test site. Analysis of data from this small-scale field experiment showed support for the hypotheses. Some differences between the impacts of Class 1 eMTBs and mountain bicycles were observed, particularly at turns and grade changes. However, the soil displacement measured in this study was not significantly different (statistically) from that associated with mountain bicycles, and was much less than that associated with motorcycle use. Electric-powered mountain bikes (eMTBs) are a new category of recreational use on public lands, a hybrid of muscle and electric power that falls between traditional motorized and non-motorized uses. Defining eMTBs as new category of recreation access will minimize impacts on access for mountain bikes and protect against an increase of motorized use on non-motorized trails. Study Limitations This was a small study, under a limited set of environmental and trail conditions, and user behavior. This study does not, and should not be interpreted to represent consensus on the environmental impacts of Class 1 eMTB. However, it is a first step in better understanding the physical impacts to tread surfaces from their use, and how these impacts may be similar to or different from other two-wheeled uses. Environmental impacts are only part of understanding how a new use, like eMTBs, on public lands may affect the environment, user management, and experiences for other trail users. Social and regulatory factors may be of greater importance in determining appropriate use and should also be studied. Access Implications for Land Managers IMBA strongly recommends that trail management decisions for any recreational user have a foundation in science. The impact of mountain bicycling on trails and the environment has been a leading management concern since the activity’s inception. Mountain bicyclists know acutely the experience of arbitrary decision-making based upon anecdotal observations of user behaviors Attachment No. 3 Attachment 3 22 and environmental impacts. As a new use, eMTBs will likely face similar scrutiny. Perception of impacts – both social and environmental – is an issue that Class 1 eMTBs face, in part because there are relatively few eMTBs currently on trails. Trail users and land managers have limited opportunity to observe and interact with this new use and may assume the worst in terms of impacts. Land managers should not just weigh environmental impacts, but should honestly address the social factors that also contribute to access decisions. While the environmental impacts of a particular trail use are an important consideration in management, social and regulatory factors also play a critical role. For good or bad, access is not based upon a hierarchy of environmental impacts. Equestrian use has much greater environmental impacts than mountain bicycling, but it is managed quite differently for social, historical, and regulatory reasons. It is important to keep this in mind when evaluating this new use. Attachment No. 3 Attachment 3 23 Conclusion This study found that the impacts from Class 1 eMTBs and traditional mountain bicycles were not significantly different, while motorcycles led to much greater soil displacement and erosion. Observations suggest that Class 1 eMTBs may lead to more displacement under certain trail conditions. More research is needed before conclusions can be drawn regarding the environmental impacts of Class 1 eMTBs as compared with traditional mountain bicycles. Understanding the potential resource impacts of Class 1 eMTBs is a necessary and important first step for formulating management strategies. Additional research is needed to further assess the range of environmental and social impacts for successful Class 1 eMTB use on public lands. IMBA’s initial study suggests that, with conscientious management and attention to trail design, Class 1 eMTBs may have the potential to offer a beneficial use of public lands with acceptable impacts. Attachment No. 3 Attachment 3 24 Appendix A: Throttle Observations: Mini Test This was a very limited test to begin to understand the differences between pedal-assist and throttle eMTBs. • Modes: MTB, pedal-assist eMTB, throttle-assist eMTB • Pedal/throttle assist eMTBs at highest power setting • Steep uphill: 40-45% grade over 4.5 m • All modes start from full stop 4 m before grade change • 50 laps each MTB vs. Pedal-Assist: Greater area of disturbance, but less depth. Throttle: Much greater area of disturbance, equal depth to Pedal-Assist. • Most impact at crest of climb 0" 2000" 4000" 6000" 8000" 10000" 12000" MTB"Pedal0Assist"Thro8le" So i l % d i s t u r b a n c e , % c m 3 % Total%disturbance%by%mode% Attachment No. 3 Attachment 3 25 Appendix B: Literature Review A literature review was conducted in developing the methods for this study. While no studies have looked at the effects of eMTBs explicitly, there have been numerous studies of mountain bicycles and motorcycles, presumably encompassing the range of potential environmental impacts associated with eMTBs. Other studies characterizing soil displacement and erosion in general, regardless of use, also informed the study design. • Wilson & Seney, 1994 – Erosion from experimentally applied mountain bicycling and motorcycles (also horses and hikers) on trails in Montana. Used existing trails, varying slopes, in wet conditions and dry. Applied rainfall to assess wet conditions and immediately following user passes to assess erosion. (Wilson & Seney, 1994) • Thurston & Reader, 2001 – Impacts of experimentally applied mountain bicycling on vegetation and soils in a deciduous forest (also hikers). Not on existing trails, but on designated tracks on varying slopes, applied varying user passes (25 to 1000), then measured vegetation and soil compaction. Assessed recovery after 1 year. (Thurston & Reader, 2001) • White et al, used point measurement of max incision and width in their observational study. ‘Cessford (1995a) discussed ecological impacts and presented several astute observations, though the majority of his conclusions were derived from other forms of recreation, such as hiking and off-road motorcycling. His most notable inference was that mountain bikes will generate the most torque during uphill travel, but considerably less pressure on the trail in comparison to other users when moving downhill, although degradation is possible “in extremely wet conditions, on uncompacted surfaces, or due to poor braking practices”’ (Gordon R. Cessford, 1995; White, Waskey, Brodehl, & Foti, 2006) • Existing mountain bicycle studies show greatest erosion at turns and on steep downhills. (Goeft and Alder, 2001; White, 2006). For motorcycles, turns are also an area of higher erosion, as are uphills. Check other citations for additional information. (Goeft & Alder, 2001; White et al., 2006) • All uses have greatest potential to cause damage to soils and vegetation in wet conditions. (B. J. Marion & Wimpey, 2007) • Olive & Marion (2009) – Variable CSA approach. Observational study, but methods useful. (Olive & Marion, 2009) • Wallin and Hardin 1996 – trail erosion using rainfall simulator. Insufficient resources for this study, but worth exploring for a future study to test under varying soil moisture conditions. (Wallin & Harden, 1996) • SA MTB study (Clement, 2010) – used CSA method to monitor and assess mountain bicycling trails in South Australia for Mountain Bike Australia. These trails were building using BMPs for mountain bicycling trails. CSA for 20 randomly placed points along each of two trails (under different soil and rainfall conditions). (Clement, 2010) Attachment No. 3 Attachment 3 26 • USFS comparison of trail erosion evaluation methods ranked CC Assessments highest overall when combining training required, efficiency, accuracy, precision, and management utility. (Jewell & Hammitt, 2000) • 2nd and 3rd ranked methods: census of erosional events and CSA (tied with Max Incision Post-construction). – CSA probably best for experiment versus an observational study. CSA –highest precision and accuracy, but low efficiency. • Cross-Sectional Area Method: “Soil erosion is the single most important, managerially significant trail degradation indicator. The cross-sectional method is probably the most frequently used, replicable method for monitoring purposefully located trail segments. This method may also be applied to systematically sampled locations for monitoring entire trail systems. The erosion or deposition of soil can be measured with very high precision and accuracy with this method. …. it involves a number of assumptions, including ability to relocate the fix points precisely, reference line elevated above surrounding vegetation, the line is kept taut, a level is used for the vertical measurements, the taut line is repositioned the same height above the fixed points, vertical measurements are taken at the same interval, and the vertical measurements are taken starting from the same side. For these reasons, training is the single most important factor in the proper application of this method. Adequate training is costly and thus a major limiting factor for managers.” (Jewell & Hammitt, 2000) Attachment No. 3 Attachment 3 27 Literature Cited Clement, S. (2010). Monitoring and Assessing the Long- term Environmental and Use Impacts on Selected Mountain Bike Trails in South Australia. Adelaide, South Australia. Cole, D. N. (1983). Assessing and Monitoring Backcountry Trail Conditions (No. INT-303). Ogden, UT. Goeft, U., & Alder, J. (2001). Sustainable Mountain Biking: A Case Study from the Southwest of Western Australia. Journal of Sustainable Tourism, 9(3), 193–211. doi:10.1080/09669580108667398 Gordon R. Cessford. (1995). Off-Road Impacts of Mountain Bikes: A Review and Discussion. Department of Conservation. Wellington, New Zealand. Retrieved from http://www.mountainbike.co.nz/politics/doc/impacts/index.htm Jewell, M. C., & Hammitt, W. E. (2000). Assessing Soil Erosion on Trails : A Comparison of Techniques (No. RMRS-P-15-Vol-5). Marion, B. J., & Wimpey, J. (2007). Environmental Impacts of Mountain Biking: Science Review and Best Practices. Managing. Marion, J. L., & Leung, Y. (2001). Trail Resource Impacts and An Examination of Alternative Assessment Techniques. Journal of Park and Recreation Administration, 19(3), 17–37. Olive, N. D., & Marion, J. L. (2009). The influence of use-related, environmental, and managerial factors on soil loss from recreational trails. Journal of Environmental Management, 90(3), 1483–1493. doi:http://dx.doi.org/10.1016/j.jenvman.2008.10.004 Thurston, E., & Reader, R. J. (2001). Impacts of Experimentally Applied Mountain Biking and Hiking on Vegetation and Soil of a Deciduous Forest. Environmental Management, 27(3), 397–409. doi:10.1007/s002670010157 Wallin, T. R., & Harden, C. P. (1996). Estimating Trail-Related Soil Erosion in the Humid Tropics: Jatun Sacha, Ecuador, and La Selva, Costa Rica. Ambio, 25(8), 517–522. Retrieved from http://www.jstor.org/stable/4314532 White, D. D., Waskey, M. T., Brodehl, G. P., & Foti, P. E. (2006). A Comparative Study of Impacts to Mountain Bike Trails in Five Common Ecological Regions of the Southwestern U . S . Journal of Park and Recreation Administration, 24(2), 21–42. Wilson, J. P., & Seney, J. P. (1994). EROSIONAL IMPACT OF HIKERS, HORSES, MOTORCYCLES, AND OFF-ROAD BICYCLES ON MOUNTAIN TRAILS IN MONTANA. Mountain Research and Development, 14(1), 77–88. Attachment No. 3 Attachment 3 28 Attachment No. 3 Attachment 3 Summary of JCOS e-bike Study Findings to Date 10/15/2017 Eight events in five locations: Crown Hill Park, North Table Mountain Park, Matthews/Winters Park, Apex Park and Lair o’ the Bear Park Visitor Intercept Survey n= 375 65% of park visitors are unable to detect the presence of a Class 1 e-bike. Acceptance of Class 1 e-bikes by trail type: YES 26% NO 65% NOT SURE 9% Ability to detect an e-bike? yes, all types 36% paved only 34% natural surface only 2% no 14% not sure 14% Acceptance by Trail Type Attachment 5 Attachment 3 Summary of Pre- and Post-demo Survey: n = 92 65% of participants indicated the demo changed their perception of e-bikes. Overall, demo improved acceptance. Overall, demo reduced uncertainty. YES 65% NO 32% NOT SURE 3% Did demo change perception? ALL 35% PAVED 15% MTN 2% NO 7% NOT SURE 41% Approve use by trail type BEFORE ALL 46% PAVED 20% MTN 4% NO 10% NOT SURE 20% Approve use by trail type AFTER Attachment 5 Attachment 3 Overview In April 2017, a study was conducted by the national non-profit bicycling advocacy group PeopleForBikes, with support from the industry association the Bicycle Product Suppliers Association to provide the Bureau of Land Management information that could guide decision- making about where, when, and how to manage e-MTBs. The study took place at four trailheads in the Fruita, CO area – one that provides access to motorized recreation (or “motorized” trail: Rabbit Valley), and three that provide access to non- motorized recreation (or “non-motorized” trails: 18 Road, Lunch Loops, Kokopelli). Specifically the study sought to answer the following questions: •What is your familiarity with, perception of, support of, and perceived benefits and barriers of eMTBs? •What would the social impacts be at the cycling areas that do not allow e-bike use if trails were opened for e-bike use? •Would people who currently do not use BLM bike trails start using those trails if e-bikes were allowed? Methodology Survey questions – one for the motorized trail users (http://bit.ly/2oZk2ew), and one for the non- motorized trail users (http://bit.ly/2qqTNiU) – were developed in partnership with the BLM, City of Fruita, PeopleForBikes, and the International Mountain Bicycling Association. These ten-minute intercept surveys were conducted among those local to and those visiting trails in Fruita, CO. The interview locations and timing (i.e. sampling plan) were designed to yield a representative sample of trail users: •Trailheads where motorized vehicles (including eMTBs) are not permitted and where they are permitted; •Visitors to the area and local residents; •Weekday and weekend users; and •Demographics (e.g., age, gender, etc.) The study was conducted on the following days and times: •Motorized trail: o Saturday, April 8, 2017, from 8 a.m. – 6 p.m. o Sunday, April 9, 2017, from 8 a.m. – 6 p.m. o An eMTB demo was also hosted at the Rabbit Valley trailhead on both days of the survey. The demo was advertised for Sunday, but not for Saturday so that answers could be judged independently of whether a respondent visited the trailhead specifically to try an eMTB. The demo was for Class 1 eMTBs only, defined as “a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.” (Note: 20 mph is not the average speed, but the maximum speed at which the motor will work.) •Non-motorized trails: o Wednesday, April 5, 2017, from 5 – 8 p.m. Attachment No. 6 PeopleForBikes / Bicycle Product Suppliers Association eMTB Intercept Study April 2017 Attachment 3 o Saturday, April 8, 2017, from 8 – 11 a.m. The following number of interviews was conducted at each trailhead: • Rabbit Valley: 64 surveys • 18 Road: 55 surveys • Lunch Loops: 38 surveys • Kokopelli: 19 surveys Top-Level Takeaways • Education and experience are important, i.e. it is difficult to formulate an educated opinion of eMTBs without first seeing and riding one. Riding an e-MTB changes perceptions from the negative or neutral, to neutral or positive. • Messaging is key. One of the main concerns with allowing eMTBs on non-motorized trails is that someone’s favorite trail may become too crowded and their experience will be diminished. If eMTB access changes, communicating why and where the changes are being made will dissipate some of the concerns. With the appropriate level of outreach and education, the social impact of allowing eMTBs on non-motorized trails can be minimal. Specific outreach to mountain biking advocates, in particular, may help build support and collaboration around revised access. • More research on the relative trail impacts of eMTBs vs. standard MTBs is needed, and more research on the actual attitude changes before and after a demo (instead of asking participants to self report after). • A short-term pilot test to allow eMTB access on non-motorized trails along with data collection may provide the necessary information to consider revised eMTB access. Topline Findings Familiarity with, perception of, support of, and perceived benefits and barriers of e-MTBs: • Familiarity with eMTBs: o Just under one-third of respondents reported high familiarity with eMTBs. o Fruita “locals” are particularly familiar with eMTBs. o Those who report high familiarity with eMTBs, and users at non-motorized trailheads are particularly concerned about conflict and trail damage. • Perception of eMTBs: o Generally, people at the motorized trailhead are more positive about eMTBs than non-motorized trail users. o For those who demo’d an eMTB, nearly all reported a positive experience and 62% reported that it changed their perceptions about eMTBs for the better. (Note: These results are consistent with findings from Jefferson County, CO that 71% of demo participants reported a change in their perceptions of eMTBs after trying one.) o Trail users estimated that eMTBs go 18-20 MPH. o On a scale of 1-10 (1 = traditional MTB; 10 = dirt bike), users at the motorized trailhead rated an eMTB on average a 3.5; users at the non-motorized trailheads rated an eMTB a 4.9. • Support for eMTBs: o Nearly all motorized trail users agree that eMTBs should be permitted on motorized trails, especially those who have ridden an eMTB. o Motorized trail users are especially likely to be supportive of policies that support e- MTB access to non-motorized trails. o About 40% of users surveyed at non-motorized trails believe that eMTBs should be allowed on non-motorized trails and 26% support policies toward that end. Attachment No. 7 Attachment 3 o Those who have ridden an eMTB are especially favorable to revised eMTB access to non-motorized trails. o IMBA members and advocates are less likely to agree that e-MTBs should be allowed on non-motorized trails • Perceived benefits and barriers of e-MTBs: o Many of those surveyed consider two key benefits of eMTBs: encouraging new mountain bikers/getting more people outside and extending someone’s ability to mountain bike into older age. o Some benefits of eMTBs that were listed are that they are quiet, simulate a MTB trail experience, require just as much work as a regular MTB, and have similar trail impacts as traditional MTBs. o The main barriers cited, in answer to whether or eMTBs should be allowed on non- motorized trails are that eMTBs might require higher rates of rescue, decrease healthy lifestyles, jeopardize MTB access victories by blurring the lines between non- motorized and motorized travel; and that there are enough motorized trail areas to satisfy eMTB riders. What would the social impacts be at the cycling areas that do not allow e-bike use if trails were opened for e-bike use? • Those that do not want eMTBs to be allowed on non-motorized trails primarily say that it is because eMTBs are motorized. • The top concerns about e-MTBs include crowding, trail damage, and potential user conflict. Would people who currently do not use BLM bike trails start using those trails if e-bikes were allowed? • Nearly all non-motorized trail users would continue to use the trails if eMTBs were permitted. • Almost 40% of non-motorized trail users think that eMTBs should be allowed on those trails, especially those who have ridden an eMTB. Conclusion When someone has demo’d an eMTB, their perceptions of a Class 1 eMTB improve, and they realize that an eMTB is more similar to a traditional mountain bike than a dirt bike. However, many of those who demo’d an eMTB believe that eMTBs, because of their motor, belong on motorized trails. This does not preclude the fact that many people who have ridden an eMTB believe that they have similar social and environmental impacts as a regular bike, but people are still concerned about trail crowding and user conflict. If Class 1 eMTB to a non-motorized trail is desired, this access should be preceded by a pilot project on a few selected trails, accompanied with proper signage, education, and user etiquette information. In response to the concerns expressed in this study, the following should be noted: • Trail crowding will occur with or without eMTBs. The solution is not to restrict access, but to build more trails. • User conflict will occur with or without eMTBs. eMTBs allow someone to climb a trail faster, although concerns are only expressed in terms of downhill speeds. • Technology cannot be blamed for some riders going riding a trail that they are not fit or skilled enough to ride. This also occurs with or without eMTBs. Attachment No. 7 Attachment 3 Appendix 1: Selected Feedback from Surveys Chosen quotes from “Advice to Land Managers:” • I think non-motorized trails should be non-motorized, without exception. There are plenty of motorized trails for eMTBs to use. • eMTBs should be allowed on specific trails separate from MTBs and hikers. • Open selected trails to e-bikes, clearly mark which trails are open to e-bikes, and solicit feedback from trail users. • I worry about the speed of the bikes and how that might impact the perception and experience of other users. • Allow Class 1eMTBs on non-motorized. • I do not like the idea of assist and motors on trails where motors are not allowed. I am however excited about e-bikes for my parents to ride around the neighborhood. • Ride one before you judge them. • Let them on, they’re the same as a regular bike. • Signage, guidelines, education. • Limit them to some trails, directional only. • Make more trails in general. • Consider same techniques as when designating trails for hikers, horses, and bikes. • Expand singletrack-style motorized friendly trails similar to many in the Crested Butte area. • Study effects on trail degradation. Chosen quotes from users who demo’d an eMTB: • No noise! • It's fast. • It was really impressive how it kicks in. I really like how there are different power levels. • Super fun through a steep up hill. • This was great! I'd love to do it again, but don't think there are a lot of opportunities, I'd worry about changing the nature of the multi-use trails that I already use if eMTBs were allowed, and the cost feels a little high for me to add as a new hobby. But I could totally see myself renting at a riding destination. • Lots of fun. Had a great time riding. Takes time to get used to. • Will consider buying one. • It was great how easy it was to get moving. • It was not as easy as I thought it would be! • I never once peeled out like a motorcycle, even when I attempted to. • Great way for the family to ride together. • Not suitable for MTB trails. • Safer and more than expected. • Worried about losing motivation for regular biking. • I didn’t know that you had to pedal a Class 1 eMTB to engage the motor. • There needs to be delineation between eMTBs and mountain bikes on some trails. • Range and speed were impressive. • I thought they would feel more like a motorcycle it was just like my trail bike. • Now I understand why they are appealing to many. Chosen quotes from users of non-motorized trails when asked for reasons to allow eMTBs on non-motorized trails (note: when asked why not to allow eMTBs on non-motorized trails, the answer was resoundingly “because they are motorized.”): Attachment No. 7 Attachment 3 " T h e y g e t p e o p l e o u t s i d e . " C l a s s 1 e M T B s a r e l i k e b i k e s a n d a r e o k o n t r a i l s . " A s l o n g a s t h e u s e r i s r e s p e c t f u l t o o t h e r s a n d r e s p e c t s t h e t r a i l s . " e M T B s h e l p p r o v i d e a l i t t l e e x t r a p o w e r t o g e t o v e r o b s t a c l e s f o r s o m e o n e w h o m a y n o t b e a b l e t o r i d e . " T h e r e i s s t i l l a l o t o f r e s e a r c h t h a t n e e d s t o b e d o n e , b u t t h e r e a r e c e r t a i n r i d e r s t h a t w o u l d g r e a t l y b e n e f i t f r o m e - b i k e s . " A s l o n g a s e M T B r i d e r s a r e n '