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HomeMy Public PortalAbout20201028 - Agenda Packet - Board of Directors (BOD) - 20-25 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Wednesday, October 28, 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/84224051380 or listen to the meeting by dialing (669) 900-6833 or (346) 248-7799 (Webinar ID 84224051380). 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 ROLL CALL 1. Proposed Surplus Land Sale of Administrative Office property located at 330 Distel Circle, Los Altos (Santa Clara County Assessor’s Parcel Number 170-04-051) to the County of Santa Clara at a cost of $10,400,000 (R-20-117) Staff Contact: Allen Ishibashi, Senior Real Property Agent, Real Property Department General Manager’s Recommendations: 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act, as set out in the staff report. Meeting 20-25 Rev. 1/3/20 2. Adopt a Resolution authorizing the General Manager to enter into a purchase and sale agreement with the County of Santa Clara for the 330 Distel Circle, Los Altos property. 2. Oral Presentation Regarding District Staff’s Response to the CZU Fire Staff Contact: Brian Malone, Assistant General Manager General Manager’s Recommendations: No Board action required. ADJOURNMENT 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ROLL CALL ORAL COMMUNICATIONS This portion of the agenda is for members of the public to comment on items not on the agenda; however, the Brown Act (Open Meeting Law) does not allow action by the Board of Directors on items not on the agenda. Individuals are limited to one comment during this section. ADOPTION OF AGENDA SPECIAL ORDER OF THE DAY • Introduction of Staff O David Liefert, Water Resources Specialist 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 October 14, 2020 Minutes 2. Claims Report 3. Award of Contract for Legislative Consulting and Lobbying Services (R-20-125) Staff Contact: Joshua Hugg, Governmental Affairs Specialist General Manager’s Recommendations: Authorize the General Manager to enter into a four-year contract with Energy and Environmental Consulting (EEC) for an amount not to exceed $79,070 for legislative consulting and lobbying services. This includes a 2% contingency ($1,550) to cover travel expenses to Board meetings and project locations should it be necessary. 4. Award of Contract for Engineering Services to Perform Above and Below Ground Site Investigations, Prepare Decommissioning Plans, and Assist with Securing Permits for Oil Well Decommissioning at Purisima Creek Redwoods Open Space Preserve (R-20-118) Staff Contact: Sean Smith, Capital Project Manager II, Engineering and Construction General Manager’s Recommendations: 1. Authorize the General Manager to enter into a contract with Bonkowski & Associates, Inc., of Emeryville, California for a not-to-exceed base amount of $59,330. Rev. 1/3/20 2. Authorize a 15% contingency of $8,900 to be reserved for unanticipated issues, bringing the total contract to a not-to-exceed amount of $68,230. 5. Award of Contract with Ascent Environmental to provide an Archeological Assessment and Environmental Review (CEQA) Services for the Purisima Upland Demolition and Site Cleanup Project at the Purisima Creek Redwoods Open Space Preserve (R-20-119) Staff Contact: Xucan Zhou, Planner II, Planning Department and Sean Smith, Capital Project Manager II, Engineering and Construction Department General Manager’s Recommendations: 1. Authorize the General Manager to enter into a contract with Ascent Environmental to provide services to support the Purisima Upland Demolition and Site Cleanup Project for a base amount not to exceed $80,831. 2. Authorize a 10% contingency of $8,083 to be awarded if necessary, to cover unforeseen conditions, for a total contract amount not-to-exceed $88,914. 6. Consideration of an exchange of interests in real property between County of San Mateo (portion of San Mateo County APN 050-470-050) and the Midpeninsula Regional Open Space District (portion of San Mateo County APN 050-470-090) at Pulgas Ridge Open Space Preserve and acceptance of County of San Mateo mitigation funding to enhance California red-legged frog habitat (R-20-120) Staff Contact: Allen Ishibashi, Sr. Real Property Agent and Aaron Hébert, Sr. Resource Management Specialist General Manager’s Recommendations: 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in the staff report. 2. By a unanimous vote of the Board of Directors, adopt a resolution authorizing the agreement to exchange interests in real property at no cost between the Midpeninsula Regional Open Space District (receiving an easement for 10 public parking spaces) and County of San Mateo (receiving an 11,874 square-foot water outfall easement and 11,472 square-foot subsurface easement). 3. Amend the Use and Management Plan to include the exchanged interests in real property. 4. Withhold dedication of the Exchange Property as public open space at this time. 5. Authorize the General Manager to enter into a mitigation funding agreement with the County of San Mateo for $380,000 to enhance California red-legged frog habitat and to select the best, most effective project to fulfill the agreement. 7. Award of a Three-Year Contract with Unitrends Inc., for Computer Server System Data Backup and Disaster Recovery Service (R-20-121) Staff Contact: Casey Hiatt, IST Manager General Manager’s Recommendations: Authorize the General Manager to award a three-year service agreement with Unitrends Inc., via license service provider CDW-G procured through the Sourcewell cooperative purchasing agreement in an amount not-to-exceed $120,000 for computer server data backup and disaster recovery service. 8. Contract Amendment with Engineering/Remediation Resources Group, Inc., for the Madonna Creek Ranch Cleanup at Miramontes Ridge Open Space Preserve (R-20-124) Staff Contact: Aaron Hébert, Senior Resources Management Specialist Rev. 1/3/20 General Manager’s Recommendations: Authorize the General Manager to increase the contract amount of $143,945 with Engineering/ Remediation Resources Group, Inc., by an additional $146,664 for a new, not-to-exceed contract amount of $290,609. 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. 9. Proposed purchase of an undivided 54% interest in the Peninsula Open Space Trust (POST) South Cowell Property, located at 1000 Verde Road, Half Moon Bay, in unincorporated San Mateo County (Assessor’s Parcel Numbers 066-280-010, 066-280-020, 066-280-051 and 066- 280-052), as an addition to Purisima Creek Redwoods Open Space Preserve (R-20-122) Staff Contact: Michael Williams, Real Property Manager General Manager’s Recommendations: 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA), as set out in the staff report. 2. Adopt a Resolution authorizing the purchase of an undivided 54% interest in the POST South Cowell Property for $4,750,000 with a corresponding authorization for a Fiscal Year 2020-21 budget increase in the same amount. 3. Adopt a Preliminary Use and Management Plan, as set out in the staff report. 4. Withhold dedication of the property as public open space at this time. 10. Grant Funding from the San Francisco Public Utilities Commission for the Highway 35 Multi-use Trail Crossing and Parking Study located at and near the North Ridge Parking Area of Purisima Creek Redwoods Open Space Preserve (R-20-123) Staff Contact: Deborah Hirst, Grants Program Manager, Administrative Services General Manager’s Recommendations: Adopt a resolution authorizing the General Manager to accept $114,000 in grant funding from the San Francisco Public Utilities Commission for the Highway 35 Multi-use Trail Crossing and Parking Study. 11. Written Response to Woodside Fire Protection District and Town of Portola Valley Staff Contact: Brian Malone, Assistant General Manager General Manager’s Recommendations: Approve the written response to comments submitted by the Woodside Fire Protection District and the Town of Portola Valley INFORMATIONAL MEMORANDUM • Ombudspersons Summary Report for Fiscal Year 2019-20 Activities 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 Rev. 1/3/20 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 and regular meetings of the MROSD Board of Directors was posted and available for review on October 22, 2020, at the Administrative Offices of MROSD, 330 Distel Circle, Los Altos California, 94022. The agenda and any additional written materials are also available on the District’s web site at http://www.openspace.org. Jennifer Woodworth, MMC District Clerk Rev. 1/3/18 R-20-117 Meeting 20-25 October 28, 2020 SPECIAL MEETING AGENDA ITEM 1 AGENDA ITEM Proposed Surplus Land Sale of Administrative Office property located at 330 Distel Circle, Los Altos (Santa Clara County Assessor’s Parcel Number 170-04-051) to the County of Santa Clara at a cost of $10,400,000 GENERAL MANAGER’S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act, as set out in the staff report. 2. Adopt a Resolution authorizing the General Manager to enter into a purchase and sale agreement with the County of Santa Clara for the 330 Distel Circle, Los Altos property. SUMMARY The Board of Directors (Board) of the Midpeninsula Regional Open Space District (District) categorized the property located at 330 Distel Circle, Los Altos (330 Distel Circle) as surplus property under the Surplus Land Act on November 20, 2019, and authorized the General Manager to negotiate a sale under the Surplus Land Act (R-19-153). On January 21, 2020, the County of Santa Clara (County) submitted a letter of interest to negotiate a possible acquisition of the property. The District and County have since negotiated the deal terms and have drafted a purchase and sale agreement. The County’s Board of Supervisors approved the deal terms at its public meeting on October 20, 2020. Proceeds from the sale of 330 Distel Circle will offset costs related to the replacement administrative office located at 5050 El Camino Real (R-17-90) that is being repurposed and will be made ready for relocation in March 2022. BACKGROUND The District has been evaluating options to address the lack of sufficient administrative office space to meet ongoing and long-term business needs since 2015, as the organization began to undergo significant internal restructuring to accelerate project delivery, expand public service delivery, and ensure sufficient resources to manage public land and access facilities. In the interim, the District has been leasing nearly 8,000 square feet of additional office space with an annual cost approaching $437,000. After evaluating multiple options, the Board concluded that the most fiscally prudent decision would be to purchase a larger office location and sell the existing site at 330 Distel Circle to offset the costs. R-20-117 Page 2 DISCUSSION The District purchased 330 Distel Circle to serve as its administrative office building in 1990 for $1,875,000, or $155 per building square foot (R-90-25). The 330 Distel Circle property is improved with a 12,120 square foot single story office building on a 38,057 square foot lot. The District outgrew the 330 Distel Circle property in early 2013 and now leases an additional 7,964 square feet of office space each year to meet its administrative office space needs. In February 2019, the District purchased a 39,010 square foot office building located at 5050 El Camino Real in Los Altos that will serve as its new administrative office building when the work to repurpose the interior and exterior space is completed in March 2022. On November 22, 2019, per the guidelines of the Surplus Land Act, the District sent out a Notice of Intention to Sell 330 Distel Circle as Surplus Property to a total of 61 local government agencies and affordable housing developers (Preferred Buyers). Per the notice, the District waited until January 24, 2020 to receive letters of interest. The District received four letters of interest from Preferred Buyers. Three letters were from government organizations, and one was from an affordable housing operator. On January 27, 2020, the District sent letters to each Preferred Buyer and asked for written purchase proposals. Prior to the written proposal due date, one government agency and the affordable housing operator opted to drop out, leaving the County and the City of Los Altos as the remaining Preferred Buyers. The County and the City of Los Altos decided to combine their efforts, with the County taking the lead on negotiating the purchase and holding title. The County submitted a purchase proposal on March 11, 2020. The County intends to work with the City of Los Altos to utilize the 330 Distel Circle property for an affordable housing development. The County would utilize funds from its 2016 Measure A Affordable Housing Bond to complete the purchase. The District negotiated with the County on a number of deal terms from March 2020 to October 2020 with the goal of maximizing the sale proceeds to maximize the offset for the replacement of the office building and to achieve as many other District goals (Climate Action/reduction of greenhouse gases and employee retention) as possible. The County’s Board of Supervisors approved the deal terms on October 20, 2020. USE AND MANAGEMENT Not applicable. CEQA COMPLIANCE The District concludes that this project will not have a significant effect on the environment. It is exempt from the California Environmental Quality Act (CEQA) under Article 19, Section 15312 Surplus Government Property Sales. TERMS AND CONDITIONS Purchase Price: $10,400,000 ($858 per square foot) Deposit: $500,000 Due Diligence: 180 days Closing Date: March 30, 2022 (if needed, a 6-month lease-back at market rent would be available to the District) R-20-117 Page 3 Covenant of Buyer: If housing is developed on the site, County shall work with District to make at least six (6) units available to District employees who meet low to moderate income limits (80% to 100% of area median income), as set by the U.S. Department of Housing and Urban Development. See additional details on Rental Units below: Rental Units: • The District will have the opportunity to review and approve the affordable housing marketing plan for the rental units developed at 330 Distel Circle. • The rental units will be marketed to people who live or work in Los Altos, which includes any District employee given that the main (headquarters) office is located in Los Altos. • Among those who live or work in Los Altos to whom the housing units are marketed, qualified District employees will have first priority for 6 units (Administrative and Field Staff). This clause furthers the District’s Climate Action Goals to reduce operational greenhouse gas emissions 20% of 2016 baseline levels by 2022, 40% by 2030, and 80% by 2050 (operational emissions includes employee commute emissions) and strengthens employee retention. • In the event that there is a change in affordable housing law or an issue with project financing that makes it impracticable to provide the marketing plan or District employee preference as described above, the Purchase and Sale Agreement commits the County to work with the District in order to achieve its stated objective of making 6 affordable units available to qualifying District employees. FISCAL IMPACT In 2017, the District issued Parity Bonds to help offset acquisition and improvement costs for the new administrative building at 5050 El Camino Real and the new South Area field office at 240 Cristich Lane in Campbell. Net proceeds of the sale of 330 Distel Circle will be used to retire the Parity Bonds, with any remaining funds used to fund the 5050 El Camino Real expenditures. BOARD COMMITTEE REVIEW Given full Board interest on this topic, prior related items have come to the full Board for review, discussion, and deliberation. PUBLIC NOTICE Public notice was provided as required by the Brown Act. NEXT STEPS Upon approval by the Board, staff would proceed with meeting the terms of the Purchase and Sale Agreement. R-20-117 Page 4 Attachments 1. Resolution Authorizing Acceptance of Offer and Entry into a Purchase and Sale Agreement, Authorizing General Manager to Execute any and all Other Documents Necessary or Appropriate to Closing of the Transaction and Authorizing the General Manager to Negotiate and Execute a Leaseback if necessary. 2. Location Map Responsible Department Head: Michael Williams, Real Property Manager Prepared by/Contact person: Allen Ishibashi, Senior Real Property Agent, Real Property Department Graphics prepared by: Francisco Lopez, GIS Technician Attachment 1 Resolutions/2020/R-20-__330DistelCircleSurplus 1 RESOLUTION 20-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE SURPLUS PROPERTY AT 330 DISTEL CIRCLE, LOS ALTOS, CALIFORNIA, AUTHORIZING THE GENERAL MANAGER TO EXECUTE A LEASEBACK AT MARKET RATE (IF NEEDED), AND AUTHORIZING THE GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING THE TRANSACTION WHEREAS, the Midpeninsula Regional Open Space District (“District”) is a special district organized and operating under California Public Resources Code §5500 et seq.; and WHEREAS, the District owns the real property located at 330 Distel Circle, Los Altos, CA (Santa Clara County Assessor Parcel Number 170-04-051) (“Subject Property” or “Surplus Property”), which has been used as the District’s administrative office since 1990; and WHEREAS, As the District began to undergo significant internal restructuring to accelerate project delivery, expand public service and ensure sufficient resources to manage public land and access facilities, it required additional administrative office space; therefore, on February 1, 2019, the District acquired real property located at 5050 El Camino Real, Los Altos, CA (Santa Clara County Assessor Parcel Number 170-04-054) for future relocation of its administrative office; and WHEREAS, the Subject Property is no longer necessary for District purposes, and the District desires to dispose of the Subject Property; and WHEREAS, pursuant to California Public Resources Code section 5540, the District may dispose of real property necessary to the full exercise of its powers, provided that such property is not dedicated and used for park or open space purposes; and WHEREAS, pursuant to California Public Resources Code section 5563, if, in the opinion of the Board, any land or property owned by the District, becomes unnecessary for the purposes of the District, the Board may sell such lands or property, or interest therein; and WHEREAS, the Board of Directors formally designated the Subject Property as Surplus Property on November 20, 2019, per Resolution 19-39, and offered the Property for sale in accordance with the Surplus Land Act (Cal. Gov’t Code §55240); and WHEREAS, the County of Santa Clara made an offer to the District for the purchase of the Surplus Property which the District desires to accept; and WHEREAS, pursuant to California Public Resources Code section 5540, the District may dispose of real property necessary to the full exercise of its powers, provided that such property is not dedicated and used for park or open space purposes; and Attachment 1 Resolutions/2020/R-20-__330DistelCircleSurplus 2 WHEREAS, pursuant to California Public Resources Code section 5563, if, in the opinion of the Board, any land or property owned by the District, becomes unnecessary for the purposes of the District, the Board may sell such lands or property, or interest therein; and WHEREAS, the disposition of the Subject Property as surplus property is exempt from environmental review pursuant to Section 15312 (Class 12 – Surplus Government Property Sales) of the California Environmental Quality Act Guidelines. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Midpeninsula Regional Open Space District (District) as follows: 1. The Board of Directors of Midpeninsula Regional Open Space District (District) does hereby accept the offer contained in that certain Purchase and Sale Agreement between the County of Santa Clara and the Midpeninsula Regional Open Space District, a copy of which purchase agreement is attached hereto and by reference made a part hereof, and authorizes the President of the Board of Directors, General Manager, or other appropriate officer to execute the Agreement and all related transactional documents on behalf of the District to dispose of the real property described therein (“Surplus Property”). 2. The Board authorizes the General Manager to use the proceeds of the sale to call the 2017B Parity Bonds and allocate the remainder of the proceeds to the Committed for Infrastructure Reserve Fund. 3. The General Manager, President of the Board of Directors, or other appropriate officer is authorized to execute the Grant Deed on behalf of the District. 4. The General Manager or the General Manager’s designee (Real Property Manager or Sr. Real Property Agent) is authorized to provide notice of acceptance to the seller, execute all escrow documents and to extend escrow if necessary. 5. The General Manager is authorized to negotiate and execute a leaseback of the Surplus Property at market rate, if needed. 6. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents, which do not involve any material change to the terms of the Agreement or documents, which are necessary or appropriate to the closing or implementation of this transaction. 7. If the County of Santa Clara does not accept the condition of the Surplus Property after the conclusion of their due diligence period, General Manager may market and negotiate the sale of the Surplus Property to non-preferred buyers on the open market. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Attachment 1 Resolutions/2020/R-20-__330DistelCircleSurplus 3 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ________, 2020, at a regular meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Jed Cyr, Secretary Board of Directors Karen Holman, President Board of Directors APPROVED AS TO FORM: Hilary Stevenson, General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. Jennifer Woodworth, District Clerk L O S A L T O S M O U N TA I N V I E W El Ca mino Real Current Administrative Office 330 Distel Circle, Los Altos New Administrative Office 5050 El Camino, Los Altos Leases Space 4984 El Camino Real, Los Altos M i d p en i n su la Re g i onal Op e n S p a ce D i st r i ct (M id pe n) 10 /22 /2 01 9 Admi nist ra ti ve Of f ic e B ui ld ings Path: G:\Projects\a_Districtwide\AO_Building\AO_Offices\AO_Offices_Aerial_20191015.mxd Created By: flopez 0 500250 FeetI 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. D istrict Administrative Office Lease Space October 14, 2020 Board Meeting 20-23 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Wednesday, October 14, 2020 The Board of Directors conducted this meeting in accordance with California Governor Newsom’s Executive Order N-29-20. All Board members and staff participated via teleconference. DRAFT MINUTES SPECIAL MEETING – CLOSED SESSION President Holman called the special meeting of the Midpeninsula Regional Open Space District to order at 6:00 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 Brian Malone, Assistant General Manager Susanna Chan, Chief Financial Officer Stefan Jaskulak, Real Property Manager Mike Williams, Senior Real Property Agent Allen Ishibashi, Planner III Elish Ryan, Natural Resources Manager Kirk Lenington, and Senior Natural Resources Specialist Aaron Hebert 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Property: San Mateo County APN(s): 050-470-050 and -090 Agency Negotiator: Allen Ishibashi, Senior Real Property Agent Negotiating Party: Alycia Moulton, Senior Management Analyst Under Negotiation: Easement Exchange Terms Public comment opened at 6:00 p.m. District Clerk Jennifer Woodworth announced no public comments were submitted for this item. Public comment closed at 6:00 p.m. Meeting 20-23 Page 2 The Board convened into closed session at 6:01 p.m. President Holman continued the special meeting of the Midpeninsula Regional Open Space District until the end of the regular meeting at 7:02 p.m. REGULAR MEETING President Holman called the regular meeting of the Midpeninsula Regional Open Space District to order at 7:04 p.m. ROLL CALL Members Present: Jed Cyr, Larry Hassett, Karen Holman, Zoe Kersteen-Tucker, Yoriko Kishimoto, Curt Riffle, and Pete Siemens Members Absent: None Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Chief Financial Officer Stefan Jaskulak, Assistant General Manager Brian Malone, Assistant General Manager Susanna Chan, District Clerk/Assistant to the General Manager Jennifer Woodworth, Planning Manager Jane Mark, Public Affairs Manager Kori Skinner, Governmental Affairs Specialist Joshua Hugg, IST Manager Casey Hiatt, GIS Program Administrator Jamie Hawk District Clerk Jennifer Woodworth announced this meeting is being held in accordance with Governor Newsom’s Executive Order allowing Board members to participate remotely. The District has done its best to conduct a meeting where everyone has an opportunity to listen to the meeting and to provide comment. The public has the opportunity to comment on the agenda, and the opportunity to listen to this meeting through the internet or via telephone. This information can be found on the meeting agenda, which was physically posted at the District’s Administrative Office, and on the District website. Ms. Woodworth described the process and protocols for the meeting. ORAL COMMUNICATIONS District Clerk Jennifer Woodworth read the submitted public comments into the record. John Kunz supported opening District trails to class-1 e-bikes to allow older riders to enjoy the trails and be able to exercise. Keith Kelsen supported opening District preserves to class-1 e-bikes, and e-bikes do not have any other impact on trails than traditional e-bikes. ADOPTION OF AGENDA Motion: Director Riffle moved, and Director Kishimoto seconded the motion to adopt the agenda. Meeting 20-23 Page 3 ROLL CALL VOTE: 7-0-0 SPECIAL ORDERS OF THE DAY • Introduction of Staff o Viri Acosta, Public Affairs Administrative Assistant o Alex Casbara, Planner III o Ariel Starr, Real Property & Natural Resources Administrative Assistant CONSENT CALENDAR President Holman announced Item 4 will be continued to the regular meeting on October 28, 2020. Public comment opened at 7:17 p.m. District Clerk Jennifer Woodworth announced no public comments were submitted for the Consent Calendar. Public comment closed at 7:17 p.m. Motion: Director Kishimoto moved, and Director Riffle seconded the motion to approve Items 1-3 on the Consent Calendar. ROLL CALL VOTE: 7-0-0 1. Approve September 23, 2020 Minutes 2. Claims Report 3. Award of Contract for Construction Management and Inspection Services, scheduled to extend between November 2020 and Spring 2022, and to provide HVAC Peer Review for the Administrative Office Project (R-20-107) General Manager’s Recommendations: 1. Authorize the General Manager to enter into contract with Nova Partners, Incorporated, of Mountain View, California for a not-to-exceed base contract amount of $475,498. 2. Authorize a 15% contract contingency of $71,325 to be reserved for unanticipated issues, thus allowing the total contract amount to not-to-exceed $546,823. 4. Contract Amendment with Engineering/Remediation Resources Group, Inc., for the Madonna Creek Ranch Cleanup at Miramontes Ridge Open Space Preserve (R-20-109) General Manager’s Recommendations: Authorize the General Manager to increase the contract amount of $143,945 with Engineering/ Remediation Resources Group, Inc., by an additional $93,146 for a new, not-to-exceed contract amount of $237,091. Meeting 20-23 Page 4 BOARD BUSINESS 5. 2020 State Legislative Session Review (R-20-108) District lobbyist Reed Addis with Environmental and Energy Consulting described the impact of COVID-19 on the state legislative calendar and legislation. Mr. Addis provided updates on legislation related to issues of District interest, including deferment of Greenhouse Gas Reduction Fund funding, wildlife and biodiversity protection, rodenticide regulation, ecologically sensitive vegetation management, re-appropriation of funding to support District conservation projects, and preservation of habitat conservation funding. District lobbyist Julie Malinowski-Ball with Public Policy Associates provided an overview of the legislative bills signed and vetoed by Governor Newsom related to issues of interest to the District. Ms. Malinowski-Ball summarized bills related to wildfire prevention and forest health and administrative legislation associated with COVID-19. Additionally, various oversight hearings are ongoing related to various topics, such as utility outages and wildfire response. Director Riffle requested an update regarding the Land and Water Conservation Fund. Mr. Addis reported he does not anticipate solicitation for grants under this funding until spring 2022. As a result, they are pursuing federal funds where available. Director Kishimoto commented that many District preserves are in hire fire danger zones and inquired regarding the impact of the wildfire prevention bills on District preserves and facilities. Ms. Malinowski-Ball reported CALFire will be determining the guidelines and regulations for this legislation, but they have not been determined yet. Director Riffle inquired regarding housing allocation requirements. Mr. Hugg commented on concerns raised by many that the recent allocations included rural, non- urban, and open space areas. Regional organizations are beginning to meet to discuss the allocations and potential responses. Director Kersteen-Tucker requested a presentation on this topic at an upcoming Board meeting. Public comment opened at 8:15 p.m. District Clerk Jennifer Woodworth announced no public comments were submitted for this item. Public comment closed at 8:15 p.m. No Board action required. 6. Board of Directors Self-Evaluation Process (R-20-111) General Manager Ana Ruiz reported this item is in response to a request from the Board to have an opportunity to discuss current Board activities, Board interactions, potential areas for improvements, etc. Staff identified and compiled a list of potential facilitators for the Board to Meeting 20-23 Page 5 review and to inform their selection process. Additionally, direction is needed regarding the interview process and various logistics as the process is developed. Director Riffle commented this can be an opportunity to be an even better Board of Directors and identify any potential areas for improvement or policies that need to be updated. District Clerk Jennifer Woodworth displayed the preliminary rankings submitted by the Board members. Director Hassett suggested staff select a facilitator in order to simplify the process and suggested the retreat be held in person. Ms. Ruiz stated staff can work with the Board President and Vice-President to select a consultant and to develop the self-evaluation process. The members of the Board agreed this can be a simplified process with the Board President and Vice-President working with staff to select a facilitator and develop the self-evaluation process. Public comment opened at 8:45 p.m. District Clerk Jennifer Woodworth announced no public comments were submitted for this item. Public comment closed at 8:45 p.m. Motion: Director Holman moved, and Director Siemens the motion to authorize the Board President and Vice-President to interview and select a facilitator for the Board Self-Evaluation Process. Director Kishimoto suggested the Board be consulted regarding the development of the agenda. Director Kersteen-Tucker offered to help develop the process. Amended Motion: President Holman amended the motion to form an ad hoc committee to interview and select a facilitator and develop the Board self-evaluation process. Director Siemens seconded the amended motion. ROLL CALL VOTE: 7-0-0 President Holman announced she, Vice-President Riffle, and Director Kersteen-Tucker will serve on the ad hoc committee. President Holman left the meeting at 8:52 p.m. INFORMATIONAL MEMORANDUM • Update on the Ward Boundary Redistricting Project Meeting 20-23 Page 6 INFORMATIONAL REPORTS A. Committee Reports Director Kersteen-Tucker reported the Legislative, Funding, and Public Affairs Committee met on September 29, 2020 and discussed the San Francisco Public Utilities Commission project along Highway 35. B. Staff Reports General Manager Ana Ruiz reported on recent meetings with individual supervisors from Santa Clara and San Mateo County Boards of Supervisors to provide updates on District projects and programs. C. Director Reports Director Hassett reported he and Directors Holman and Kersteen-Tucker attended a field trip to learn more about the Hawthorns project. Director Kishimoto reported on a recent Santa Clara County LAFCO meeting and items discussed as part of their agenda, including review of fire districts and potential development of open space areas. Director Riffle reported he attended the Together Bay Area fall forum and a recent briefing regarding mountain lions. Director Riffle requested an update related to a letter sent by Woodside Fire Protection District and Town of Portola Valley. Ms. Ruiz reported staff is preparing a response for Board consideration at the October 28, 2020 regular Board meeting and provided updates related to District activities related to fire prevention in the area. Director Riffle inquired regarding the use of contract contingency funds and whether a formal report will be provided. Ms. Ruiz reported a formal report and summary is coming forward to the Board. Additionally, staff provided informal reports as part of the biweekly reports. President Holman returned to the meeting at 7:59 p.m. President Holman announced Chief Financial Officer Stefan Jaskulak will be attending the annual CalJPIA meeting on October 28, 2020 as a voting delegate since she is unable to attend. ADJOURNMENT President Holman adjourned the regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District into closed session at 9:05 p.m. Meeting 20-23 Page 7 ADJOURNMENT President Holman adjourned the closed session of the Board of Directors of the Midpeninsula Regional Open Space District at 9:54 p.m. ________________________________ Jennifer Woodworth, MMC District Clerk MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLAIMS REPORT MEETING # 20-25 MEETING DATE: October 28, 2020 Fiscal Year to date EFT:56.98% Fiscal Year 18-19 EFT:29.44% Payment Number Payment Type Payment Date Notes Vendor No. and Name Invoice Description Payment Amount 81448 Check 10/16/2020 12014 - ECAST Engineering Inc.Upper La Honda Grazing Infrastructure (P3 Spring Dev)87,667.00 2477 EFT 10/16/2020 11470 - AECOM Technical Services Inc Hwy 17 Wildlife & Reg Trail Crossings & Trail Connections - 7/1/20 - 8/31/20 50,391.25 2490 EFT 10/16/2020 11868 - San Jose Conservation Corps & Charter School Purisima Creek Redwoods OSP Invasive Plant Contract Labor - June 2020 34,509.54 2480 EFT 10/16/2020 10546 - Ecological Concerns, Inc.Invasive Species Management - August 2020 26,257.78 2496 EFT 10/16/2020 *10216 - Valley Oil Company Fuel for District Vehicles 16,315.32 2482 EFT 10/16/2020 10794 - John Northmore Roberts & Associates Bear Creek Stables Improvements - August 2020 14,566.50 2491 EFT 10/16/2020 **12142 - Shellco General Contractor Inc Hawthorns House Basement Repair 11,859.00 2479 EFT 10/16/2020 11391 - Chavan & Associates, LLP 1st Progress Billing for FY20 Audit 9,375.00 2481 EFT 10/16/2020 11748 - Environmental & Energy Consulting Consulting & Lobbying January & April 2020 /Consulting for WCWG March - July 2020 9,220.82 81451 Check 10/16/2020 11924 - Nomad Ecology Rare Plant Surveys - Coal Creek to Long Ridge OSP 8,041.25 81447 Check 10/16/2020 11386 - Bob Murray & Associates L&F Manager Recruitment 7,820.00 2489 EFT 10/16/2020 12013 - Rincon Consultants, Inc.Madonna Creek Ranch Remediation - July 2020 5,887.25 81452 Check 10/16/2020 11129 - Peterson Trucks, Inc.BIT Inspections - (16) and Smoke Opacity Tests - (12)4,117.00 2493 EFT 10/16/2020 10302 - Stevens Creek Quarry, Inc.Rock materials for FOOSP road work 3,501.69 2487 EFT 10/16/2020 10211 - Public Policy Advocates Legislative Advocacy Services - August 2020 3,230.00 2488 EFT 10/16/2020 12031 - Ray & Jan's Mobile Truck Service 5K Maintenance Service - 12 Vehicles 2,923.09 2495 EFT 10/16/2020 10146 - Tires On The Go Tire Replacement - M221, P115, T07/Tire Patch Repair - P104 2,473.29 2494 EFT 10/16/2020 10143 - Summit Uniforms Body Armor - C. Schenk / D. Cowan 1,745.82 2478 EFT 10/16/2020 *10294 - AmeriGas - 0130 Propane Tank Refill (FFO)1,145.02 81449 Check 10/16/2020 11195 - Goodyear Auto Service Center Tires & Balance - P97/Wheel Alignment P115 626.63 2492 EFT 10/16/2020 10447 - Simms Plumbing & Water Equip., Inc.Replace Shower Valve at Gordon Ridge 495.83 2486 EFT 10/16/2020 11523 - PGA Design, Inc.Hawthorns Public Access Plan - August 2020 393.75 2484 EFT 10/16/2020 10925 - Papé Machinery Windshield for Excavator - T34 386.32 81453 Check 10/16/2020 11526 - Republic Services Monthly Garbage Service - 16060 Skyline 299.66 2483 EFT 10/16/2020 10288 - Mission Valley Ford Truck Sales, Inc.Metal plates added to bucket - Reconfigure teeth - T51 263.21 81446 Check 10/16/2020 11772 - Ahern Rentals, Inc.Excavator Pickup Fee (FOOSP)200.00 81450 Check 10/16/2020 10421 - ID Plus, Inc.Name Tags for OST - K. Husin 98.50 2485 EFT 10/16/2020 10253 - Peterson Tractor Co.Warranty - T52 88.00 303,898.52 *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 Electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase payment security, and ensure quicker receipt by vendors Abbreviations page 1 of 1 Rev. 1/3/18 R-20-125 Meeting 20-25 October 28, 2020 AGENDA ITEM 3 AGENDA ITEM Award of Contract for Legislative Consulting and Lobbying Services GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to enter into a four-year contract with Energy and Environmental Consulting (EEC) for an amount not to exceed $79,070 for legislative consulting and lobbying services. This includes a 2% contingency ($1,550) to cover travel expenses to Board meetings and project locations should it be necessary. SUMMARY The Midpeninsula Regional Open Space District (District) relies on legislative consulting and lobbying services to advance District priorities concerning environmental, natural resource, local governance, and funding issues in the California legislature. Based on the results of a Request for Proposals (RFP) issued on August 3, 2020, the General Manager recommends entering into a four-year contract with EEC for an amount not to exceed $79,070 for strategic planning, representation and advocacy on matters related to mission-based issues and governance. A four- year contract would cover two, two-year legislative sessions. As part of the contract, EEC would sub-contract with Public Policy Advocates (PPA) to leverage their special district governance policy expertise. Sufficient funds are available for work in Fiscal Year 2020-21. Additional funds will be requested in future fiscal year budgets as part of the annual Budget and Action Plan process for work in subsequent fiscal years. DISCUSSION Background For the majority of its existence, the District met its need for legislative consulting and lobbying services by contracting with Public Policy Advocates (PPA), who specialized in the type of local governance issues important to a special district. In 2017, the District expanded legislative activity into mission-related and funding areas, and initiated an RFP for both environmental and governance legislative consulting and lobbying services under a single, overarching contract. Unfortunately, no single firm met the District’s governance and environmental lobbying needs, so two smaller contracts were signed in 2017 with PPA and EEC separately for a total of $88,085 ($38,760 and $49,325 respectively). Each contract was renewed annually. With the upcoming conclusion of this contract, the District proceeded to re-solicit proposals for a new four-year contract in 2020. R-20-125 Page 2 Consultant Selection An RFP was issued on August 3, 2020 and posted on BidSync to solicit interest from qualified legislative consulting and lobbying firms. The RFP was also sent directly to several well-known firms. The deadline for submission was August 28, 2020. The scope of work covered strategic planning, representation, advocacy services, as well as assistance fostering relationships with the District’s legislative delegation and key elected and administration officials. A total of six proposals were received, as shown below: Firms Proposed Annual Fee Environmental and Energy Consulting/Public Policy Advocates $77,520 Golden Bridge Strategies $28,800 Nossaman, LLP $48,000 Priority Strategies $84,000 Renne Public Policy Group $54,000 Townsend Public Affairs $60,000 Following a review of the proposals and consultant qualifications, District staff interviewed five of the firms and unanimously ranked the combined proposal of EEC/PPA as the most qualified and best suited for the service. While EEC/PPA was not the least expensive, their depth of knowledge and experience in relevant policy areas, as well as their approach to policy development and advocacy through fostering coalitions set them apart from the other applicants. In addition to the direct support and services EEC has provided the District, they currently manage two statewide environmental policy coalitions. One is the Wildlife Corridor Working Group, which focuses on advancing policy and funding to enable wildlife crossing projects like the District’s Highway 17 project. The group was key in passing AB 2087 (Levin, 2017), which established the Regional Conservation Investment Strategy (RCIS). The RCIS is in the process of ramping up and will potentially help fund the Highway 17 project. The group has also worked to foster better working relationships between staff and leadership at the California Department of Fish and Wildlife (CDFW) and Caltrans to overcome hurdles related to wildlife crossings and identify more integrated solutions. The second statewide coalition is the Clean Water Natural Resources and Parks (CNWRP) coalition, which creates effective funding solutions to meet statewide conservation goals. Their participation in passage of Prop 68 (2018) was instrumental. Beyond EEC’s coalition work, among their accomplishments were: • Collaboration with Senator Beall to re-appropriate and increase flexibility for the Wildlife Conservation Board’s $10 Million to support District projects in the Lexington Basin until 2025. • Protection of the previously extended sunset date for Habitat Conservation Fund in the 2020-2021 Budget, which the District has leveraged on several projects in the past. • Guidance and leadership in facilitating discussions with legislators, state agencies, the Newsom Administration, and stakeholders to promote a new definition for underserved communities to ensure funding eligibility for conservation projects in the Bay Area. • Engaged in key advocacy efforts to pass AB 1788 (Bloom, 2020) which would limit the use of second-generation anticoagulant rodenticides in the state. • Supported Proposition 64 funding for equitable outdoor access programs for youth. • Successfully blocked AB 1190 (Irwin, 2019) to preserve Midpen's ability to restrict the use of drones on its properties. R-20-125 Page 3 • Helped pass AB 209 (Limón, 2019), which established the Outdoor Equity Grant Program to provide underserved communities opportunities for outdoor experiences. PPA’s track record for the District over the years has been notable as well. Among their accomplishments on behalf of the District were: • The sponsorship and passage of SB 492 (Beall, 2017) to enable Midpen to more easily acquire and preserve land located in the Upper Guadalupe, Los Gatos Creek, and Saratoga Creek Watersheds from the San Jose Water Company (SJWC) • Sponsorship and passage of SB 793 (Hill, 2017) to allow design-build on construction projects as a tool to maximize public funds. • Enacted legislation to provide that indebtedness that is incurred by the District after 2012 be repaid during a period that does not exceed 30 years (AB 612, 2011). • Enacted legislation to increase to $50,000 the maximum contract value which the District may enter without using a formal bid process (AB 495 (Gordon, 2015). The cost of this new, consolidated contract with EEC is less than the combined amount of the current individual contracts with each firm ($88,085 versus $79,070). EEC will serve as the primary consultant and subcontract with PPA as needed, for added resource and cost efficiencies. FISCAL IMPACT There are sufficient funds in the FY21 Budget to cover the cost of the recommendation this fiscal year. Funds for future fiscal year work will be recommended in future fiscal year budgets as a part of the annual Budget and Action Plan process. BOARD COMMITTEE REVIEW A Board Committee did not previously review this item. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE This item is not a project subject to the California Environmental Quality Act. NEXT STEPS Upon Board approval the General Manager will direct staff to enter into a contract with EEC. The Board of Directors will receive updates throughout each legislative session. Responsible Department Head: Korrine Skinner, Public Affairs Department Prepared by: Joshua Hugg, Governmental Affairs Specialist Rev. 1/3/18 R-20-118 Meeting 20-25 October 28, 2020 AGENDA ITEM 4 AGENDA ITEM Award of Contract for Engineering Services to Perform Above and Below Ground Site Investigations, Prepare Decommissioning Plans, and Assist with Securing Permits for Oil Well Decommissioning at Purisima Creek Redwoods Open Space Preserve GENERAL MANAGER’S RECOMMENDATIONS 1. Authorize the General Manager to enter into a contract with Bonkowski & Associates, Inc., of Emeryville, California for a not-to-exceed base amount of $59,330. 2. Authorize a 15% contingency of $8,900 to be reserved for unanticipated issues, bringing the total contract to a not-to-exceed amount of $68,230. SUMMARY Midpeninsula Open Space District (District) needs to prepare plans to decommission two oil wells at Purisima Creek Redwoods Open Space Preserve. A Request for Proposals (RFP) was issued on August 3, 2020 with three firms submitting proposals on August 12, 2020. Through a competitive selection process, Bonkowski & Associates, Inc., (Bonkowski) was deemed the most qualified firm to perform the work. Bonkowski’s scope of work includes oil well and site investigations, subsurface analysis, permitting assistance, and construction document development for the decommissioning work. The General Manager recommends awarding a contract to Bonkowski for a base amount of $59,330 and authorizing a 15% contingency of $8,900 for unforeseen circumstances, such as additional geophysical assessments and more extensive permit coordination, and in light of the unknown depth or conditions of the oil well. There are sufficient funds in the Fiscal Year 2020-21 (FY21) budget for milestones completed through June 2021. Additional funding next fiscal year will be proposed as part of the annual Budget and Action Plan process to complete the work. BACKGROUND In 2019, the District acquired the 240-acre Purisima Upland Property (Upland Property) as an addition to the Purisima Creek Redwoods Open Space Preserve (R-19-70). The Upland Property is located on Verde Road, approximately 3 miles south of the City of Half Moon Bay, in unincorporated San Mateo County (County). Acquiring the Upland Property connects public lands between the Bay Area Ridge Trail and California Coastal Trail, and provides opportunities to pursue the Purisima-to-the-Sea Trail. In June 2020, expecting a straightforward cleanup project, the District released a Request for Bid (RFB) to hire a contractor to provide demolition, remediation, oil well decommissioning, and site R-20-118 Page 2 cleanup services at the Upland Property. However, during the bidding process, it became apparent that additional information about the condition and depth of the oil wells and a plan for decommissioning is needed to secure reliable bids. In addition, during the pre-bid site walk, two special-status plants were unexpectedly observed within the Upland Property. The RFB was subsequently canceled to gather the additional information on the oil wells and conduct additional environmental review for newly-identified potential impacts to special-status plants (refer to separate Agenda Item for this same October 28, 2020 Board meeting for details on the special status species and environmental review). DISCUSSION Records indicate that the oil fields surrounding the Upland Property were explored circa 1900, and over nine oil and gas wells were discovered in the immediate area. Three oil wells were located on the Upland Property – Butts Well No. 1, Butts Well No. 2, and Debenedetti No. 1. Butts Oil Well No. 1, a dry well, was drilled in 1928 by the Shell Company to a total depth of over 3,000 feet and abandoned. Butts Well No. 2 was drilled circa 1932 by Thompson & McNickels and left abandoned at the site. The Debenedetti No. 1 oil well was drilled in the early 1960’s and properly abandoned in 1999. The Oil Well Decommissioning Project (Project) includes work related to the Butts No. 1 and Butts No. 2 oil wells and is a part of the larger Purisima Upland Site Cleanup Project. See Attachment 1 for Project Map. Oil well abandonment is governed by the California Department of Conservation, Geologic Energy Management Division (CalGEM, formerly DOGGR). In 2017, the District contacted CalGEM regarding the apparent oil wells on the Upland Property. CalGEM conducted a site investigation and concluded the following: • Butts No. 1: The well was covered in thick vegetation and not completely visible during the site investigation. Brush clearing is required to locate the remaining surface features. Through available record documents, CalGEM determined that additional decommissioning work, such as minor grading and capping, need to be completed. • Butts No. 2: The well does not appear to have been properly abandoned. The well contains a subsurface obstruction preventing proper abandonment. It is likely that the subsurface obstruction has plugged the well indefinitely. However, this is not an acceptable abandonment method under CalGEM guidelines. If a well is not properly abandoned, it may provide a pathway for hydrocarbons or other contaminates to migrate into the drinking water or to the surface. CalGEM will need to be consulted in developing and implementing an oil decommissioning workplan. To proceed with oil well decommissioning, the District is in need of expert engineering services to conduct further site investigations, develop the decommissioning plans, and obtain the appropriate permits. More specifically, the proposed contract scope of work includes: • Site investigations and subsurface analysis; • Development of site access requirements for oil well decommissioning; • Assistance in procuring permits to survey and decommission the well; • Subsurface video survey; • A plug and abandonment plan for Butts No. 2 well; R-20-118 Page 3 • A well profile and assistance in properly abandoning Butts No.1 well (may require its own plug and abandonment plan); Consultant Selection An RFP was directly emailed to four professional engineering firms on August 3, 2020 and staff received three proposals on August 12, 2020: Bidder Location Proposal Price Bonkowski & Associates Emeryville, CA $59,330 Whitten Engineering Long Beach, CA $63,750 Terra-Petra Environmental Engineering Los Angeles, CA $70,565 Following a review of the proposals and consultant qualifications, District staff interviewed two firms and deemed Bonkowski as the most qualified firm to perform the work. Bonkowski demonstrated clear understanding of the project goals and submitted a high-quality proposal to perform the scope of work at a fair and reasonable price. For these reasons, the General Manager recommends entering into an agreement with Bonkowski to complete the Project. FISCAL IMPACT The FY21 adopted budget includes $473,433 for the Purisima Upland Site Cleanup and Soil Remediation project MAA03-002. There are sufficient funds in the project budget to cover the recommended action and expenditures. Funding for future year budgets will be proposed as part of the annual Budget and Action Plan process. Purisima Upland Site Cleanup and Soil Remediation MAA03-002 Prior Year Actuals FY21 Adopted FY22 Projected FY23 Projected TOTAL MAA03-002 Total Budget: $110,584 $473,433 $27,000 $0 $611,017 Spent-to-Date (as of 09/24/2020): ($110,584) ($8,585) $0 $0 ($119,169) Encumbrances: $0 ($7,640) $0 $0 ($7,640) Bonkowski & Associates, Inc., Contract: $0 ($36,344) ($22,986) $0 ($59,330) 15% Contingency: $0 ($5,000) ($3,900) $0 ($8,900) *Ascent Environmental Contract including 10% Contingency: $0 ($88,914) $0 $0 ($88,914) Budget Remaining (Proposed): $0 $326,950 $114 $0 $327,064 * Ascent Environmental Contract is concurrently going to the Board for approval at the 10/28/2020 meeting The following table outlines the Measure AA Portfolio 03 Purisima Creek Redwoods: Purisima- to-the-Sea Trail, Watershed Protection and Conservation Grazing allocation, costs-to-date, projected future project expenditures and projected portfolio balance remaining. MAA03 Purisima Creek Redwoods: Purisima-to-Sea Trail, Watershed Protection and Conservation Grazing Portfolio Allocation: $7,608,000 Life-to-Date Spent (as of 09/24/2020): ($1,386,519) Encumbrances: ($8,146) *South Cowell Upland Land Conservation: ($4,750,000) R-20-118 Page 4 *MAA03-006 Title Insurance, Escrow Fees, and Other Miscellaneous Project Costs: ($50,000) Remaining FY21 Project Budgets: ($326,950) Future MAA03 project costs (projected through FY23): ($156,752) Total Portfolio Expenditures: ($6,678,367) Portfolio Balance Remaining (Proposed): $929,633 * South Cowell Upland Land Conservation acquisition is concurrently going to the Board for approval at the 10/28/2020 meeting The following table outlines the Measure AA Portfolio 03 allocation, projected life of project expenditures and project portfolio balance remaining. MAA03 Purisima Creek Redwoods: Purisima-to-Sea Trail, Watershed Protection and Conservation Grazing Portfolio Allocation: $7,608,000 Projected Project Expenditures (life of project):   MAA03-001 Purisima Uplands Lot Line Adjustment and Property Transfer ($425,114) MAA03-002 Purisima Uplands Site Cleanup and Soil Remediation Assessment ($611,017) MAA03-003 Purisima Creek Fence Construction ($169,190) MAA03-004 Harkins Bridge Replacement ($516,916) MAA03-005 Purisima Uplands Parking Area and Trail Connections ($156,130) *MAA03-006 South Cowell Upland Land Conservation ($4,800,000) Total Portfolio Expenditures: ($6,678,367) Portfolio Balance Remaining (Proposed): $929,633 * South Cowell Upland Land Conservation acquisition is concurrently going to the Board for approval at the 10/28/2020 meeting BOARD COMMITTEE REVIEW The Board approved the acquisition of the Purisima Upland property at the May 22, 2019 meeting (R-19-70). The Site Cleanup Project was approved as part of the annual Budget and Action Plan on June 24, 2020 (R-20-68). PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE Retention of professional consultants to complete assessments and produce reports and estimates does not constitute a project under the California Environmental Quality Act (CEQA) as it will not result in a direct physical change in the environment [CEQA Guidelines Section 15060(c)(2)]. NEXT STEPS If approved, the General Manager will execute a contract with Bonkowski & Associates. Their services will continue through 2022. R-20-118 Page 5 PROJECT SCHEDULE WITH KEY MILESTONES Milestones  Tentative Timeline  Archaeological Assessment and Environmental Review* November 2020 to April 2021 Board certification of CEQA* May/June 2021 Obtain Permits^ November 2020 to September 2021 Engineering Assessment & Coordination with CalGEM^ November 2020 to September 2021 Oil Well Field Investigations and Preparation of Decommissioning Plans^ September 2021 to November 2021 Bidding and Contract Award for Oil Well Decommissioning and Site Cleanup Project November 2021 to July 2022 Onsite Oil Well Decommissioning and Site Cleanup August 2022 to November 2022 * Items are part of the proposed contract with Ascent (refer to separate Agenda Item). ^ Items are part of the proposed contract with Bonkowski. Attachments 1. Project Map Responsible Department Head: Jason Lin, Engineering and Construction Department Manager Prepared by: Sean Smith, Capital Project Manager II, Engineering and Construction !# !# !# Butts No. 1 Oil Well Butts No. 2 Oil Well Debenedetti No. 1 Well P u r i s i m a Cre e k Purisima Cr e e k R d F a r m R o a d B V e r d e R d ÄÆ1 P U R I S I M A C R E E K R E D W O O D S O P E N S P A C E P R E S E R V E Midpeninsu la Re gional Ope n Space Distric t (M id pe n) 10/5/2020 A t t a c h m e n t A : P r o j e c t M a p Path: G:\Projects\Purisima_Creek_Redwoods\Upland_Site_Cleanup\PC_UplandCleanup_SiteMap_20201001.mxd Created By: flopez 0 1,000500 FeetI MRO S D P re ser ves Pr iv at e P r o per ty While the District strives to use the best av ailable digital data, these data do not represent a l egal sur vey and are merely a graphic illu stration of geographic features. Area of Detail Half Moon Bay Redwood City San Carlos E C D M L H C M R P R R R T H T W T C W H C C S R P C R ÄÆ1 ÄÆ82 ÄÆ101ÄÆ92ÄÆ280 ÄÆ35 ÄÆ84 !#Oil We l l Rev. 1/3/18 R-20-119 Meeting 20-25 October 28, 2020 AGENDA ITEM 5 AGENDA ITEM Award of Contract with Ascent Environmental to provide an Archeological Assessment and Environmental Review (CEQA) Services for the Purisima Upland Demolition and Site Cleanup Project at the Purisima Creek Redwoods Open Space Preserve GENERAL MANAGER’S RECOMMENDATIONS 1. Authorize the General Manager to enter into a contract with Ascent Environmental to provide services to support the Purisima Upland Demolition and Site Cleanup Project for a base amount not to exceed $80,831. 2. Authorize a 10% contingency of $8,083 to be awarded if necessary, to cover unforeseen conditions, for a total contract amount not-to-exceed $88,914. SUMMARY Midpeninsula Regional Open Space District (District) seeks assistance from a qualified consultant to conduct an archaeological assessment and environmental review to comply with the California Environmental Quality Act (CEQA) for the Purisima Uplands Demolition and Site Cleanup Project (Project). The full Project includes demolition and removal of abandoned oil facilities (which is an element of the Project that also requires engineering analysis – refer to a separate Agenda Item for the October 28, 2020 meeting), removal of an 1970s unpermitted prefabricated, modular hunting cabin and septic system, removal and disposal of contaminated soil, and site restoration. A Request for Proposals (RFP) was issued on August 24, 2020, and three firms submitted proposals on September 24, 2020. Based on the RFP results, the General Manager recommends awarding a contract to Ascent Environmental for a base amount of $80,831 and authorizing a 10% contingency of $8,083. The contract amount accounts for the analysis of impacts to special status species, an expert archaeological assessment given the likely presence of prehistoric resources, and an expedited timeline. CEQA certification must be complete by May/June to ensure permits are secured by fall of 2021 in order to complete the onsite field investigations using heavy equipment in 2021 – otherwise, this work will need to be delayed by one year (allowable window for onsite disturbance is limited from September to the start of heavy rains of each year). Field investigations will inform the decommissioning plans that are needed to bid out the project. Award of bid and cleanup activities are subsequently scheduled to occur between September and November of 2022. There are sufficient funds in the adopted FY21 budget to fund this contract. R-20-119 Page 2 BACKGROUND In 2019, the District accepted the transfer of the 240-acre Purisima Upland Property (Upland Property) as an addition to Purisima Creek Redwoods Open Space Preserve (R-19-70). The Upland Property is located on Verde Road, approximately three miles south of the City of Half Moon Bay, in unincorporated San Mateo County (County). The Upland Property connects public lands between the Bay Area Ridge Trail and California Coastal Trail, and provides opportunities to pursue the Purisima-to-the-Sea Trail. The Board-approved Preliminary Use and Management Plan for the property directed the District to proceed with cleanup of the former oil facilities, removal of the prefabricated, modular hunting cabin site, and land restoration. The Purisima Upland Demolition and Site Cleanup Project, approved as part of the FY21 Budget and Capital Improvement and Action Plan, includes the following (see also Attachment 1): • Demolition and removal of abandoned oil facilities, including above-ground storage tanks, oil wells, oil production piping, and oil processing facilities and structures; • Removal and disposal of 3,000 gallons of light crude oil; • Removal of an unpermitted hunting cabin and septic tank; • Removal and proper disposal of approximately 140 cubic yards of contaminated soil; • Regrading and revegetation of all disturbed areas to match the surrounding environment. In 2019, the District initiated environmental review and permitting for the proposed Project. Initially, the Project was found to be categorically exempt under CEQA. The scope of work anticipated at that time was consistent with the following classes of projects that pose no significant effects on the environment: 15301 (Demolition and Removal of Individual Small Structures and Improvements), 15304(f) (Minor Alterations to Land), 15330 (Minor Actions to Eliminate the Release or Threat of Release of Hazardous Substances). The District filed a Notice of Exemption (NOE) in December 2019, and the County issued a Coastal Development Permit (CDP) in January 2020 based on this Categorical Exemption. In June 2020, the District released a Request for Bid (RFB) to complete the Project. During the bidding process, it became apparent that additional information was needed to properly decommission the oil wells. In addition, during the pre-bid site walk, staff unexpectedly observed two special-status plants (Plagiobothrys chorisianus var. hickmanii - Hickman’s popcorn flower and Lupinus arboreus var. eximius - San Mateo tree lupine) within the project site. Given these two issues, the RFB was canceled to gather further information on the oil wells and to conduct a higher level of environmental review for CEQA compliance document (anticipated to be an Initial Study and Mitigated Negative Declaration [IS/MND]). DISCUSSION CEQA review under the recommended contract will evaluate a range of oil well decommissioning options, review all project elements for potential impacts to sensitive biological and cultural resources, potential environmental impacts associated with hazardous materials abatement, and develop an appropriate CEQA document on an expedited schedule. The scope of work under the proposed contract includes: R-20-119 Page 3 • Environmental Review – Within six months, expeditiously develop draft CEQA document and circulate for public review to meet critical permitting and construction timelines. Due to necessary grading work to access the oil wells, and the recently discovered existence of special-status species, the District must complete a higher level of environmental review to secure a Grading Permit and a Coastal Development Permit (CDP) Amendment from the County before commencing construction activities. Field work and construction cannot start until the end of rare plant blooming season and must be completed before heavy rains begin, limiting the work window to two to three month per year from September to November. Any work that is not completed during this window will need to be postponed until the following year. Therefore, the CEQA document will need to be prepared within six months (November 2020 to April 2021) to secure necessary permits by the fall of 2021 and complete the field investigation by end of 2021. In addition, the IS/MND will need to evaluate a range of alternatives for oil well decommissioning and analyze the potential impacts to special-status species (e.g., Hickman’s popcorn flower, San Mateo tree lupine, San Francisco dusky-footed woodrat, California red-legged frog) and other identified biological resources (e.g., nesting birds, bat maternity roosts, and wetlands/waters). Impacts associated with the demolition and remediation of hazardous materials will also be evaluated. The District will be the CEQA lead agency and will coordinate with the County for their review of the IS/MND as a responsible agency. • Archaeological Assessment – Conduct an archaeological assessment to complete the CEQA review and address County permit requirements given the likelihood of prehistoric resources. Based on the proximity to known prehistoric sites and natural resource areas like Purisima Creek, there is a potential for unrecorded Native American and prehistoric-period resources to be encountered in the proposed project area. The archaeological assessment will include a historical and paleontological resources records search and a site survey to identify and record resources. This assessment will be used to analyze the potential impacts of the Project on these resources under CEQA and will be included as part of the CDP amendment application to the County. Based on recent knowledge of the site conditions, an IS/MND is anticipated. If a higher level of environmental review is determined to be necessary during the IS review, the scope (and the contract, if necessary) would need to be amended. Please see below for the schedule for the overall Project: Milestones  Tentative Timeline  Archaeological Assessment and Environmental Review* November 2020 to April 2021 Board certification of CEQA* May/June 2021 Obtain Permits^ November 2020 to September 2021 Engineering Assessment and Coordination with CalGEM^ November 2020 to September 2021 Oil Well Field Investigations and Preparation of Decommissioning Plans^ September 2021 to November 2021 Bidding and Contract Award for Oil Well Decommissioning and Site Cleanup Project November 2021 to July 2022 Onsite Oil Well Decommissioning and Site Cleanup August 2022 to November 2022 R-20-119 Page 4 * Items are part of the Ascent contract that the Board is considering for October 28, 2020. ^ Items are part of the Bonkowski contract that the Board is separately considering on October 28, 2020. Consultant Selection On December 11, 2019, the Board awarded contracts to two qualified environmental consultants on an on-call basis (R-19-158). In addition to recommending two on-call contracts for CEQA related services, the District also leverage this RFQP process to establish a pre-qualified list of 13 consultants for future reference. On August 24, 2020, staff issued an RFP via email to four pre-qualified firms. An optional pre- proposal site tour was held on September 8, 2020 that was attended by representatives from Ascent Environmental and LSA Associates, Inc. The following three firms submitted proposals by the September 24, 2020 deadline. Firm Location Proposed Fees AECOM Sacramento, CA $85,655 Ascent Environmental Sacramento, CA $80,831* LSA Associates, Inc Richmond, CA $47,211 *Ascent’s cost reflects a negotiated 5% reduction. Evaluation criteria were determined prior to the release of the RFP that included the quality of proposal and implementation approach. After a thorough review of all proposals, a consultant selection team comprised of staff from Planning and Engineering & Construction deemed Ascent Environmental as most qualified and best suited for the project at a fair and reasonable price. Ascent Environmental demonstrated a clear understanding of the project and proposed a cost savings approach and an expedited schedule to meet the specific project timeline. They also have experience working on similar District projects, including preparation of an IS/MND for the Almaden Air Force Station Structure Abatement Project and an Environmental Impact Report for the Mt. Umunhum Site Plan and Restoration Project. During contract negotiations, staff and Ascent Environmental identified areas of cost savings, reducing Ascent Environmental’s fees by approximately 5%. Comparably, while LSA’s fee proposal came in at the lowest cost of the three firms, their proposed schedule and approach did not meet Project goals. Additionally, they did not demonstrate adequate experience on hazardous materials remediation which is critical to this project. To cover potential unforeseen costs, the General Manager recommends a 10% contingency of $8,083, for a total contract amount of $88,914, to be expended only if necessary. This contingency would be used for completing additional technical analysis if needed, addressing unanticipated complex or high quantities of public comments, and any schedule or scope changes resulting from unexpected findings of the oil well decommissioning investigation. FISCAL IMPACT The FY21 adopted budget includes $473,433 for the Purisima Upland Site Cleanup and Soil Remediation project MAA03-002. There are sufficient funds in the project budget to cover the recommended action and expenditures. R-20-119 Page 5 Purisima Upland Site Cleanup and Soil Remediation MAA03-002 Prior Year Actuals FY21 Adopted FY22 Projected FY23 Projected TOTAL MAA03-002 Total Budget: $110,584 $473,433 $27,000 $0 $611,017 Spent-to-Date (as of 09/24/2020): ($110,584) ($8,585) $0 $0 ($119,169) Encumbrances: $0 ($7,640) $0 $0 ($7,640) Ascent Environmental contract: $0 ($80,831) $0 $0 ($80,831) 10% Contingency: $0 ($8,083) $0 $0 ($8,083) *Bonkowski & Associates, Inc., Contract including 15% Contingency: $0 ($41,344) ($26,886) $0 ($68,230) Budget Remaining (Proposed): $0 $326,950 $114 $0 $327,064 *Bonkowski & Associates, Inc., Contract is concurrently going to the Board for approval at the 10/28/2020 meeting The following table outlines the Measure AA Portfolio 03 Purisima Creek Redwoods: Purisima- to-the-Sea Trail, Watershed Protection and Conservation Grazing allocation, costs-to-date, projected future project expenditures and projected portfolio balance remaining. MAA03 Purisima Creek Redwoods: Purisima-to-Sea Trail, Watershed Protection and Conservation Grazing Portfolio Allocation: $7,608,000 Life-to-Date Spent (as of 09/24/2020): ($1,386,519) Encumbrances: ($8,146) *South Cowell Upland Land Conservation: ($4,750,000) *MAA03-006 Title Insurance, Escrow Fees, and Other Miscellaneous Project Costs: ($50,000) Remaining FY21 Project Budgets: ($326,950) Future MAA03 project costs (projected through FY23): ($156,752) Total Portfolio Expenditures: ($6,678,367) Portfolio Balance Remaining (Proposed): $929,633 * South Cowell Upland Land Conservation is concurrently going to the Board for approval at the 10/28/2020 meeting. The following table outlines the Measure AA Portfolio 03 allocation, projected life of project expenditures and project portfolio balance remaining. MAA03 Purisima Creek Redwoods: Purisima-to-Sea Trail, Watershed Protection and Conservation Grazing Portfolio Allocation: $7,608,000 Projected Project Expenditures (life of project):   MAA03-001 Purisima Uplands Lot Line Adjustment and Property Transfer ($425,114) MAA03-002 Purisima Uplands Site Cleanup and Soil Remediation Assessment ($611,017) MAA03-003 Purisima Creek Fence Construction ($169,190) MAA03-004 Harkins Bridge Replacement ($516,916) MAA03-005 Purisima Uplands Parking Area and Trail Connections ($156,130) *MAA03-006 South Cowell Upland Land Conservation ($4,800,000) Total Portfolio Expenditures: ($6,678,367) Portfolio Balance Remaining (Proposed): $929,633 * South Cowell Upland Land Conservation is concurrently going to the Board for approval at the 10/28/2020 meeting. BOARD COMMITTEE REVIEW The Board of Directors (Board) approved the acquisition of the Purisima Upland property at the May 22, 2019 meeting (R-19-70). The Site Cleanup Project was approved as part of the annual Budget and Action Plan on June 24, 2020 (R-20-68). R-20-119 Page 6 PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE The contract scope includes completion of the necessary environmental review under CEQA for the implementation of the Project. The Board will have the opportunity to review and consider the findings related to CEQA at a future Board Meeting. NEXT STEPS Following Board approval, the General Manager will execute a contract with Ascent Environmental to complete the archaeological assessment and environmental review as required under CEQA. Attachments 1. Project Map Responsible Department Head: Jane Mark, Planning Manager, Planning Department Prepared by: Xucan Zhou, Planner II, Planning Department Sean Smith, Capital Project Manager II, Engineering and Construction Department Staff Contact: Xucan Zhou, Planner II, Planning Department Sean Smith, Capital Project Manager II, Engineering and Construction Department Abandoned Oil Facilities, and Miscellaneous Debris Cabin Lobitos C r e ek Pur i s i m a C r e ek Pur i s i m a C r e e k R d V e r d e R d ÄÆ1 800 600 600 400 4 0 0 20 0 40 0 20 0 40 0 6 0 0 200 200 Midpeninsula Regional Open Space District (Midpen) 10/20/2020 Purisima Upland Site Cleanup and Demolition Project Pa t h : G : \ P r o j e c t s \ P u r i s i m a _ C r e e k _ R e d w o o d s \ G i u s t i \ P u r i s i m a U p l a n d _ O i l F a c i l i t i e s _ 2 0 2 0 1 0 2 0 . m x d Cr e a t e d B y : n g r e i g 00.20.1 MilesI 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. Area of Detail ÄÆ35 ÄÆ82 ÄÆ84 ÄÆ84 ÄÆ85 ÄÆ35ÄÆ1 ÄÆ101 ÄÆ35 ÄÆ9 ÄÆ280 ÄÆ92 ÄÆ280 ÄÆ1 Redwood City San Carlos East Palo Alto Los Altos Mountain View Palo Alto Purisima Creek Redwoods Open Space Preserve Unpaved RoadUpland Property PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE ELKUS UPLANDS Upland Property R-20-120 Meeting 20-25 October 28, 2020 AGENDA ITEM 6 AGENDA ITEM Consideration of an exchange of interests in real property between County of San Mateo (portion of San Mateo County APN 050-470-050) and the Midpeninsula Regional Open Space District (portion of San Mateo County APN 050-470-090) at Pulgas Ridge Open Space Preserve and acceptance of County of San Mateo mitigation funding to enhance California red-legged frog habitat GENERAL MANAGER’S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in the staff report. 2. By a unanimous vote of the Board of Directors, adopt a resolution authorizing the agreement to exchange interests in real property at no cost between the Midpeninsula Regional Open Space District (receiving an easement for 10 public parking spaces) and County of San Mateo (receiving an 11,874 square-foot water outfall easement and 11,472 square-foot subsurface easement). 3. Amend the Use and Management Plan to include the exchanged interests in real property. 4. Withhold dedication of the Exchange Property as public open space at this time. 5. Authorize the General Manager to enter into a mitigation funding agreement with the County of San Mateo for $380,000 to enhance California red-legged frog habitat and to select the best, most effective project to fulfill the agreement. SUMMARY The General Manager recommends entering into an agreement with the County of San Mateo (County) to exchange easement rights that provide net benefits to both parties and accepting mitigation funding from the County to enhance California red-legged frog habitat. The exchange will add much-needed public parking to Pulgas Ridge Open Space Preserve with the County receiving a storm water outflow easement to repair and maintain existing drainage infrastructure and a subsurface (underground) easement to rebuild and improve its Cordilleras Mental Health Center (Attachment 2). This exchange of easement rights will be at no cost to the Midpeninsula Regional Open Space District (District). In addition, the County is required to mitigate for impacts to potential California red-legged frog (CRLF) habitat associated with its project, and the District can fulfill the County’s mitigation needs through pond restoration and habitat management on behalf of the County with the County providing $380,000 of funding. The R-20-120 Page 2 following report presents a description of the proposed exchange in real property interests, an amendment to the Use and Management Plan, the environmental review findings, terms, and mitigation funding. DISCUSSION Background The County’s Cordilleras Mental Health Center (Cordilleras Center) is located at the end of Edmonds Road and surrounded by the District’s Pulgas Ridge Open Space Preserve (Preserve). The Preserve parking area is located 500 feet to the east along Edmonds Road. The current Cordilleras Center is 70 years old and has an occupancy of 117 beds. In March 2020, the County certified an Environmental Impact Report (EIR) and approved a project to reconstruct the mental health facility, transforming the Cordilleras Center into a 137-bed occupancy facility. In order to complete the construction, the County needs certain easement rights from the District to repair existing outfall drainage infrastructure within Cordilleras Creek (an ephemeral creek) and to reinforce the retaining walls of one new building. The drainage repairs include replacement of an existing culvert that runs beneath the site, modification of the culvert outlet to better align water flow with the natural creek channel, hardening of streambanks and installation of a dissipator at the outfall to prevent scouring and erosion, and clearing of the drainage channel to improve flow. Much of the drainage work is also deferred maintenance that should be completed in the short-term regardless of the Cordilleras Center Project to ensure proper long- term drainage of water that collects from and drains through the existing facility. To accomplish this in-channel repair work, the County is required to obtain permits from the Army Corps of Engineers, who must consult with U.S. Fish and Wildlife Service (USFWS). USFWS determined the potential for CRLF habitat on site, even though the nearest documented sighting is 1 mile west of the project, across Highway 280. CRLF is federally listed under the Endangered Species Act as a threatened species throughout its range in California. The USFWS determined that 3.2 acres of CRLF habitat (riparian corridors and upland foraging habitat) would be impacted by the project from the expanded footprint of the facility. While no frogs have been documented on the site, USFWS is requiring compensatory mitigation at a three to one ratio (3:1), for a total of 10 acres. The 10 acres required for habitat improvements are not available on the Cordilleras Center site. Therefore, the County is seeking offsite compensatory mitigation. A mitigation bank in the East Bay can provide the 10 acres of mitigation for a cost of $380,000. The San Mateo Resource Conservation District, as a consultant to the County, contacted District Natural Resources staff to discuss the potential of applying those funds within San Mateo County to a District restoration project as an alternative solution to ensure the funds and mitigation work benefit the natural resources within the County. Natural Resources staff identified two potential projects that would benefit from funding to improve CRLF habitat and fulfill the mitigation requirements: Mindego Ranch pond restoration and invasive plant management in Russian Ridge Open Space Preserve, and Toto Ranch pond restoration, invasive plant management, and brush management in Tunitas Creek Open Space Preserve. Staff is evaluating which of these two sites would provide the most benefit to the species with the addition of $380,000 in funding within the time constraints of the mitigation requirements. The application of mitigation funds to Mindego Ranch is subject to a deed restriction from the Coastal Conservancy, which requires their Executive Officer to review R-20-120 Page 3 mitigation projects for approval to determine if they provide public benefit. The Executive Officer has approved the project for this purpose should the funds be allocated to Mindego Ranch. The District purchased the 298-acre property that surrounds the Cordilleras Center on three sides in 1983 (R-83-12). That purchase ultimately became the Pulgas Ridge Open Space Preserve (Preserve). The District dedicated this property as public open space in January 1986 (R-86-10). Upon dedication as public open space, the property effectively becomes permanently protected, and the District is restricted in its ability to sell or otherwise convey dedicated properties. However, the Board of Directors (Board) may, by unanimous vote, permit the exchange of property interests under the District’s enabling legislation set out in Section 5540.5 if the property interests are determined to be of equal or greater value to the District and the public it serves. In May 2019, the County contacted the District to first raise the possible need for easements to rebuild the Cordilleras Center. Relevant details needed to engage in concrete discussions on the easement exchange emerged in December 2019 and then again in September 2020. The concept of possible compensatory mitigation funding was first discussed in late August 2020. Given the complexity of the negotiations, final elements for both agreements were defined by early October to prepare this item for Board consideration. The Preserve currently has one on-site parking area that contains approximately 25 spaces. The demand for this parking area exceeds available parking particularly on Fridays, weekends, and holidays, with Preserve parking frequently overflowing to roadside pull-outs along Edmonds Road. Additional visitor parking for the Preserve would be beneficial, and staff has successfully negotiated with the County to provide additional parking as part of the Cordilleras Center improvements. Descriptions of Exchange Properties County to District: Under the Agreement, the County would convey a public parking easement to the District over the portion of their property approximately 500 feet from the District’s existing parking area. Preserve users would walk on an existing path along the shoulder of Edmonds Road to access the Preserve. The parking would be constructed and maintained by the County, and shared with the Cordilleras Center. The parking would be signed as available to District Preserve users on a first come, first serve basis. The easement would be for 10 public parking spaces. District to County: Under the Agreement, the District would convey a water outfall easement within Cordilleras Creek and an upslope subsurface easement to the County. The outfall easement is for the repair and improvement of an existing outfall, and the subsurface easement is for hillside reinforcement. The outfall easement contains approximately 11,874 square feet, and the subsurface easement contains approximately 11,472 square feet. Under the proposed exchange, the County easements are larger in size than the public parking easement. However, the value of the parking easement is equal to or greater than the County easements, as the County outfall easement is for an existing outfall, and the subsurface easement is completely underground. R-20-120 Page 4 Compensatory Mitigation Projects The basic terms of the mitigation funding agreement are to: improve 10 acres of CRLF habitat and to monitor and report on those improvements for a 30-year period (starting annually and becoming every two years at year five, then every fifth year starting at year 15) for a payment of $380,000. Staff has estimated the cost of consultant monitoring and reporting for 30 years at $45,000. Therefore, $335,000 of funds can be used for projects to improve CRLF habitat at either of the two proposed areas described below. The Mindego Ranch pond restoration project is nearly complete at a cost of approximately $425,000 (pending final invoicing). The District received $200,000 in grant funding from the State Habitat Conservation Fund in support of this project. An additional $225,000 from Measure AA (MAA) funded the remainder. Should the mitigation funding be received, the corresponding amount would return to the MAA bond fund for use on other MAA eligible projects. Approximately 8 acres of invasive plants at Mindego Ranch require ongoing maintenance. Staff estimates 4.5 years of invasive plant management can be performed for $110,000. The Mindego Ranch project is currently the preferred project. The Toto Ranch pond project is scheduled for Fiscal Year 2021-22. The project includes restoration of two stock ponds, invasive plant removal, and coyote brush management. The pond work is considered of high value for wetland restoration and CRLF habitat. The total cost of pond restoration is estimated at $500,000 (including contingency). Short-term invasive plant and brush encroachment can be funded for $20,000 (and would be necessary to meet the mitigation acreages requirements). An additional $45,000 would be needed for ongoing monitoring, per the mitigation requirements. The total project cost would be $565,000 and would, by receipt of $380,000 funds, require an additional $185,000 from the General Fund. To meet the mitigation requirements, restoration work would need to be completed by 2023. USE AND MANAGEMENT Use and Management Plan Amendment An amendment to the Use and Management Plan is necessary to incorporate the easement exchange as follows: Name: Designate the parking area easement as an addition to Pulgas Ridge Open Space Preserve. Public Access: No public access is allowed in the easement area granted to the County of San Mateo. Signs and Site Security: Install signs in the parking area easement to notify the public that parking is available for preserve visitor use. Patrol: Patrol the parking area easement on the Cordilleras Center that is available for preserve visitor use. Easement Monitoring: Conduct regular inspections of the parking area easement to ensure compliance with the terms of the exchange. Dedication: Withhold Board dedication of the parking area easement at this time. R-20-120 Page 5 CEQA COMPLIANCE Project Description The project consists of an Agreement to exchange interests in real property between the County of San Mateo and the District as permitted under Public Resources Section 5540.5. Per the terms and conditions of the Agreement, the District will convey a permanent outfall easement totaling approximately 11,874 square feet and a subsurface easement totaling approximately 11,472 square feet of dedicated land at the Preserve to the County to support reconstruction of the Cordilleras Center, for which the County Board of Supervisors certified a Final EIR and approved as a project on March 10, 2020. In exchange, the County will convey to the District a public parking area easement containing 10 first come, first serve parking spaces, over a portion of County property to be used by visitors to the adjacent Preserve. The easement to be conveyed to the District is of equal or greater value to the District and will be used for park purposes. A determination of impacts to the environment as a result of the construction of the culvert outfall and the 10 parking spaces was previously made by the County as part of the certification of the Final EIR for the Cordilleras Center. A funding agreement between the County and the District discussed in this report is not subject to CEQA. The District previously completed CEQA certification for projects that may receive compensatory funding (refer to the Toto Ranch/Tunitas Creek Open Space Preserve Rangeland Management Initial Study/Mitigated Negative Declaration (IS/MND) and the Mindego Ranch Use and Management Plan IS/MND). Moreover, invasive plant work that may receive funding is covered by the Integrated Pest Management Program EIR. CEQA Determination The District concludes that the property exchange will not have a significant impact on the environment. The project is categorically exempt from the California Environmental Quality Act (CEQA) under Article 19, Section 15325 (f): acquisition, sale, or other transfer to preserve open space or lands for park purposes. The easement exchange is a transfer that serves park purposes and preserves existing use and is not anticipated to result in an impact on the environment. TERMS AND CONDITIONS As part of the proposed Agreement, the District and County agree to convey the easements to each other at no cost to either party. The parking easement offered to the District in the easement exchange is of equal or greater value to the District and the public it serves as the County outfall easement is for an existing outfall, and the subsurface easement is completely underground. Therefore, the exchange is determined to be in accordance with the District’s enabling legislation set out in Section 5540.5, pending unanimous vote by the Board. FISCAL IMPACT This reciprocal no-cost exchange of easements has no immediate fiscal impact; however, if the District enters into a mitigation funding agreement with the County, the District will receive $380,000 to be applied towards either the Mindego Ranch project or the Toto Ranch project. The payment schedule for the funding is to be determined and subject to negotiation with the County. R-20-120 Page 6 Depending on which project is pursued for mitigation, projected expenditures will be considered as part of the FY21 quarterly review and FY22 Budget and Action Plan process. The Mindego Ranch project is the preferred project, pending US Fish and Wildlife Service Approval. If the Mindego Ranch project is selected, there will be no fiscal implications in FY21. The ponds portion of the project is nearly complete at a cost of approximately $425,000. The Habitat Conservation Fund granted the District $200,000, and approximately $225,000 was funded from Measure AA (MAA). Should the mitigation funding be received, the remainder would be used to reimburse the MAA bond fund. Projected MAA reimbursement and subsequent expenditures related to invasive plant management and monitoring and reporting will be considered as part of the FY22 Budget and Action Plan. If the Toto Ranch project is selected, a budget adjustment of $32,000 would be executed at the end of Quarter 2 to complete a Pond Management Plan in FY21 which would be offset by $32,000 of the $380,000 in mitigation funding received. The total projected cost for the Project would be $565,000 (including monitoring) and would, by receipt of $380,000 funds, require an additional $185,000 commitment of non-MAA capital funds in FY22 and FY23. BOARD COMMITTEE REVIEW This item was not previously reviewed by a Board Committee due to time constraints to meet the County’s project schedule. Natural Resources Staff was informed of available mitigation funding on August 27, 2020, and that a District decision on receiving the funding needed to occur in October as the County intended to start demolition of the existing site in November 2020. The general terms of the mitigation agreement and the suitable restoration projects were not sufficiently developed until early October, precluding the ability for a prior Committee review. PUBLIC NOTICE Property owners of land located adjacent to or surrounding the project site have been mailed a copy of the agenda for this meeting. Accordingly, all notice required by the Brown Act and District policy has been provided. NEXT STEPS Upon approval by the Board, the General Manager will fully execute and record the documents associated with the property exchange, and take the next steps identified in the Use and Management Plan. The District’s Foothills Field Office will patrol the additional parking. The General Manager will execute the mitigation funding agreement and staff will undertake the implementation and monitoring steps to fulfill the mitigation funding agreement terms. Attachments: 1. Resolution Authorizing Acceptance of Easement Exchange Agreement, Authorizing General Manager or Other Officer to Execute Easement Deeds to County, Authorizing General Manager or Officer to execute Certificate of Acceptance of Grant to District, Authorizing General Manager to enter into Mitigation Funding Agreement, and Authorizing General Manager and General Counsel to Execute any and all other R-20-120 Page 7 documents necessary or appropriate to closing of the transaction (Pulgas Ridge Open Space Preserve) 2. Overall Project Location Map Responsible Department Manager: Michael Williams, Real Property Manager Prepared by: Allen Ishibashi, Sr. Real Property Agent Aaron Hébert, Sr. Resource Management Specialist Graphics prepared by: Francisco Lopez Tapia, GIS Technician Attachment 1 Resolutions/2019/R-19-__Holley-Gleason Exchange 1 RESOLUTION NO. 20-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF EASEMENT EXCHANGE AGREEMENT, AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE EASEMENT DEEDS TO COUNTY, AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AUTHORIZING GENERAL MANAGER TO ENTER INTO MITIGATION FUNDING AGREEMENT AND AUTHORIZING GENERAL MANAGER AND GENERAL COUNSEL TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (PULGAS RIDGE OPEN SPACE PRESERVE). The Board of Directors of Midpeninsula Regional Open Space District does hereby resolve as follows: SECTION ONE. The Board of Directors of the Midpeninsula Regional Open Space District (District) finds and determines that, pursuant to Section 5540.5 of the California Public Resources Code, the exchange of easement interests with the County of San Mateo (County) is consistent with Public Resources Code 5540.5, and that the real properties being acquired by the District are of equal or greater value than the real property being transferred to County, and are necessary to be acquired for open space purposes. SECTION TWO. The Board of Directors does hereby accept the offer contained in that certain Easement Exchange Agreement (Agreement) between the County and the District, a copy of which Agreement is attached hereto and by reference made a part hereof, and authorizes the President of the Board of Directors, General Manager, or other appropriate officer to execute the Agreement and all related transactional documents on behalf of the District to acquire and exchange the real property described therein. SECTION THREE. The General Manager, President of the Board of Directors, or other appropriate officer is authorized to execute the easement deeds between the District and County. SECTION FOUR. The General Manager, President of the Board of Directors, or other appropriate officer is authorized to execute a Certificate of Acceptance for the easement to the District. SECTION FIVE. The General Manager or the General Manager’s designee (Real Property Manager or Sr. Real Property Agent) is authorized to provide notice of acceptance to the County, execute all title and escrow documents, and to extend escrow if necessary. SECTION SIX. The General Manager is authorized to negotiate and execute a mitigation funding agreement with the County for California red-legged frog Habitat. SECTION SEVEN. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents, which do not involve any material change to any term of the Agreement or documents, which are necessary or appropriate to the closing or implementation of this transaction. Attachment 1 Resolutions/2019/R-19-__Holley-Gleason Exchange 2 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ________, 2020, at a regular meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Secretary Board of Directors President Board of Directors APPROVED AS TO FORM: General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * S A N F R A N C I S C O W A T E R S H E D L A N D S E D G E W O O D C O U N T Y P A R K & N A T U R A L P R E S E R V E P U L G A S R I D G E O P E N S P A C E P R E S E R V E C O R D I L L E R A S C E N T E R Main Pulgas LotSubsurface Easement to San Mateo County Outfall Easement to San Mateo County Public Parking Easement to District Ha ssl er Trail Hass l erTrail Hassler Loop Tra il S y l v a n T r a i l P o l l y Ger a ci T r a i l Edgewood Trail E d g e w o o d Trail C ordillera s Trail O l d S t a g e Road D u s k y -f o ote d W oodratTra il B ayw o od G l e n T rail Dic k B i s h o p T r a i l D u s ky-footed Woodr a tTr a i l S p r i n g d a l e W y B r i t t a n A v e LakeviewWy L a M es a D r E d m o n d s R d Crestview Dr E d g e w o o d R d Lo m a R d E d m o n d D r Montalvo Rd P a l o m a r D r Greenbriar Rd L a M e s a D r La M esa D r P alo m a r D r H ill s d a l e W y Pebble Dr Sylvan Wy Fleetwoo d D r R oy al Ln Mesa Verde Wy Fe r n d a l e W y ÄÆ280 ÄÆ280 Midpeninsu la Re gional Ope n Space Distric t (M id pe n) 10/12/2020 S a n M a t e o C o u nt y E a s e m e n t E x c h a n g e Path: G:\Projects\Pulgas_Ridge\SMC_EasementExchange\SMC_EasementExchange_20200922.mxd Created By: flopez 0 2,0001,000 FeetI MRO S D P re ser ves Pr iv at e P r o per ty While the District strives to use the best av ailable digital data, these data do not represent a l egal sur vey and are merely a graphic illu stration of geographic features. Pr o po s ed E a seme nt E xc h an ge Area of Detail ÄÆ92 ÄÆ1 ÄÆ9 ÄÆ82 ÄÆ101 ÄÆ84 ÄÆ35 ÄÆ280 Half Moon Bay San Carlos Belmont Foster City San Mateo East Palo Alto Los Altos Menlo Park Ot he r P r o te c ted Lan d s Rev. 1/3/18 R-20-121 Meeting 20-25 October 28, 2020 AGENDA ITEM 7 AGENDA ITEM Award of a Three-Year Contract with Unitrends Inc., for Computer Server System Data Backup and Disaster Recovery Service GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to award a three-year service agreement with Unitrends Inc., via license service provider CDW-G procured through the Sourcewell cooperative purchasing agreement in an amount not-to-exceed $120,000 for computer server data backup and disaster recovery service. SUMMARY The Midpeninsula Regional Open Space District’s (District) current three-year Unitrends Inc., (Unitrends) service agreement expires December 2020. Renewing this agreement will maintain business continuity for the backup and cloud storage of files, enterprise systems, and database servers. In addition, the proposed contract includes a disaster recovery service in the event of a catastrophic breech or other major disruption. The General Manager recommends entering into a new three-year service agreement with Unitrends using the license service provider (software reseller) CDW-G procured through the Sourcewell cooperative purchasing agreement for an amount not to exceed $120,000. There are sufficient funds in the Fiscal Year 2020-21 (FY21) budget to cover the first-year expenses. Funds would also be budgeted in FY22 and FY23. DISCUSSION In 2017, the District entered into a three-year contract with Unitrends in the amount of $46,030.71 for an on-premises backup system and small-capacity cloud storage of digital files, enterprise systems, and database servers. While the current Unitrends system backs up data locally and stores a small portion offsite, the District is running out of space on locally stored backups and the system unfortunately does not provide the ability to run IT operations remotely in the event of a disaster or allow for the backup of cloud-hosted data. The current contract expires in December 2020 and the District has identified the need for a larger, more robust cloud-based disaster recovery system in the event of a cyber-attack or natural disaster. Cyber-attacks on government agencies are becoming increasingly common and the District’s 2015 Information Technology (IT) Master Plan recommends implementing a disaster recovery solution in the event that IT facilities sustain a major failure, catastrophic event or cybersecurity attack. A disaster recovery system would allow the District to maintain business functions if on- premises servers were destroyed by connecting to the Unitrends Cloud. This more robust system includes a four-fold (4x) expansion in cloud storage capacity, a larger capacity on-premises R-20-121 Page 2 backup appliance, the ability to backup multiple cloud-hosted services, and disaster recovery service. These additional elements are deemed critical in maintaining business continuity at a time when numerous natural, cyber, and technical disruptions exist and have been known to result in very high costs, loss of productivity, loss of irreplaceable records, damage to IT infrastructure, and other major issues. The additional proposed services and products account for an increase of $73,970 in costs over a three-year period as compared to the prior three-year contract of $46,030.71. See comparison below: Proposed Contract Products Proposed Contract Cost (3 Years) Current Contract Products (3 Years) Current Contract Cost Larger Backup Appliance (40 Terabytes), Software, and Service Agreement $36,563.56 Backup Appliance (20 Terabytes), Software, and Service Agreement $34,472.87 Four-fold expansion of Unitrends off-site cloud storage (16 Terabytes) and Disaster Recovery. $46,643.84 Unitrends off-site cloud storage (4 Terabytes) $11,557.84 Ability to backup multiple cloud-hosted data (Microsoft) $11,811.60 ---- N/A Anticipated storage growth over three years (based on potential growth due to the implementation of the Electronic Document Management System, wildlife camera project, and future enterprise systems) $24,981.00 ---- N/A Total $120,000.00 $46,030.71 The proposed new three-year agreement includes a computer backup appliance, software, professional services support, hosted cloud storage, and a disaster recovery service. Entering into this contract will allow the District to meet the IT Master Plan objectives and maintain business continuity in the face of a disaster. Vendor Selection Unitrends’s all-in-one backup and disaster recovery system is uniquely suited to District needs. Many higher price competitors require the customer to purchase, implement, and manage their own virtual server infrastructure off-site in the cloud, this comes at additional cost and staff time. Unitrends offers an all-in-one service that greatly decreases staff time and costs. In addition, Unitrends is a veteran in backup and recovery software and they continue to provide high quality products with excellent customer service and exceptional security features. Over the last six years, staff have worked closely with Unitrends to successfully implement and configure the system and undergo necessary training to conduct backup and recoveries. District staff are well proficient with Unitrends backup and recovery system. Unitrends products and services would be procured through the Sourcewell cooperative purchasing agreement. Participation in Sourcewell is available at no-cost, no obligation, and no liability to public agencies. Sourcewell conducts a rigorous vetting process that follows the competitive contracting law process to solicit, evaluate, and award cooperative purchasing contracts for goods and services. Sourcewell saves purchasers money by offering better volume R-20-121 Page 3 pricing, reducing administrative time in soliciting bids, and combining the purchasing power of more than 50,000 organizations. Section IV.C of Board Purchasing Policy 3.03, Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing Policy provides that the District may "join in cooperative purchasing agreements with other public agencies (e.g., the State of California, counties, cities, schools, or other special districts) to purchase goods or services at a price established by that agency through a competitive bidding process." FISCAL IMPACT There are sufficient funds in the FY21 Information Systems and Technology department operating budget for the anticipated expenditures during this fiscal year. Future fiscal years will include sufficient budget to cover the remaining cost of this contract. The annual increase of $5,000 per year reflects the anticipated storage growth needs over time. Below is a breakdown of the costs per fiscal year. Fiscal Year Cost FY21 $35,000 FY22 $40,000 FY23 $45,000 Total Cost $120,000 BOARD COMMITTEE REVIEW A Board Committee did not previously review this item. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE This item is not a project subject to the California Environmental Quality Act. NEXT STEPS Upon Board approval, the General Manager will direct staff to enter into this three-year agreement with Unitrends Inc. Responsible Department Head: Casey Hiatt, Information Systems and Technology (IST) Department Prepared by: Casey Hiatt, IST Manager Owen Sterzl, Information Technology Program Administrator Contact person: Casey Hiatt, IST Manager Rev. 1/3/18 R-20-124 Meeting 20-25 October 28, 2020 AGENDA ITEM 8 AGENDA ITEM Contract Amendment with Engineering/Remediation Resources Group, Inc., for the Madonna Creek Ranch Cleanup at Miramontes Ridge Open Space Preserve GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to increase the contract amount of $143,945 with Engineering/ Remediation Resources Group, Inc., by an additional $146,664 for a new, not-to-exceed contract amount of $290,609. SUMMARY Midpeninsula Regional Open Space District (District) is under contract with Engineering /Remediation Resources Group to clean a debris site on the former Madonna Creek Ranch property within Miramontes Ridge Open Space Preserve. During debris removal activities, significant volumes of additional debris and soil contaminants beyond the contract scope of work were encountered below the ground surface that require proper removal and disposal. Because testing has determined that the soil contaminants are high in lead, the soil requires more costly disposal at specialized facilities outside of the Bay Area. The additional debris and contaminated soil will cost $146,664 to dispose. The Fiscal Year 2020-21 (FY21) budget contains insufficient funds to complete the recommended actions in the current project budget and therefore will require a future budget amendment as part of the Quarter 2 Budget review. Savings and unspent funds in other projects may allow for a net-zero budget adjustment to fund this work. DISCUSSION In November of 2019, Rincon Consultants, Inc., (Rincon) completed surface and subsurface investigations of the Madonna Creek debris site and identified the approximate extent of debris and the presence of contaminants, including lead and petroleum products. On March 11, 2020, the Board of Directors (Board) awarded a contract to Rincon to develop a remediation plan for the former Madonna Creek Ranch Cleanup project (R-20-23). Rincon developed the plan and the District entered into the voluntary cleanup program with the San Mateo County Health Department. On August 26, 2020 (R-20-92), the Board awarded a contract to Engineering/ Remediation Resources Group to clean the debris, contaminants, and install erosion control on the site with the work to be substantially complete by October 1, 2020. Staff anticipated that some unidentified materials might be encountered during the cleanup due to the subsurface nature of the project. Despite conservative estimates that included a $21,325 allowance and a 15% contingency of $15,994, much more debris and contaminants were encountered than what is allowed for under the current Board-approved contract. Specifically, R-20-124 Page 2 soil that was expected to be re-used on site (based on initial limited testing) was ultimately deemed to be unsuitable for reuse based on additional, more robust testing per San Mateo County due to concentrations of lead above the residential standard and significantly higher quantities of trash and debris that still remains mixed in the soil and difficult to filter out (see Attachment 1). The residential standard for clean soil is used at this location given the site’s adjacency to the perennial Madonna Creek that drains into Pilarcitos Creek through the City of Half Moon Bay. At least 30 car batteries removed from the site are the likely source of lead, although 3 cars, numerous appliances, and other garbage removed from the disposal site may also contribute lead. Initial limited samples indicated that the additional soil could be disposed of as non-hazardous soil at the nearby Ox Mountain landfill. More recently, secondary and more comprehensive leach tests indicate lead levels are not suitable for local disposal and require disposal at special hazardous materials disposal facilities (generally located in the Central Valley). Disposal and trucking costs have substantially increased accordingly. Staff negotiated with the contractor to reduce the unit pricing costs on disposal to be within 10% of the average of the four bids received for the Project, and by refining the estimate of materials to be disposed of, reducing the fee by $53,000. The District is unlikely to secure significantly lower bids for off-hauling and disposal of the contaminated soils based on comparative data from the five bids first received for the Project. Based on these five initial bids, the average cost for extra disposal of trash and contaminated soil is estimated to be approximately $25,000 less (i.e. approximately $121,000) than the proposed contract amendment. However, that estimate does not account for mobilization and startup costs, which generally cost between $10,000 to $15,000 a project. Further, the time delay to secure additional bids would likely require containing the soil piles over the winter with primary and secondary containment to prevent seepage, which in itself would require a contract amendment and additional costs to complete. Staff also compared the unit pricing to engineer estimates for similar District projects. The average unit pricing is higher than comparative data (e.g. $367 per ton versus $300 per ton for excavation and disposal of hazardous soils). However, this is likely due to the project site conditions that cannot support large equipment or dump trucks, requiring more time to complete the work. Therefore, the General Manager recommends proceeding with the proposed contract amendment as the best course of action that is in the best interest of the District to complete this work considering all the factors. Due to the increased debris, extra excavation, and loss of reusable soil during the cleanup activities, staff authorized change orders using most of the contingency and allowance to (1) rent equipment for greater material sorting ($10,854.16) and (2) procure rip-rap to protect and stabilize the excavation site (in lieu of filling with the onsite soil) ($14,797.86). There is a pending change order of $3,638 to deal with extra disposal fees from dozens of tires found on site. Approximately $8,029 remains from the allowance and contingency. Staff is proposing to reserve this for any additional cleanup that may be required based on confirmation samples taken from beneath soil stockpiles after the remaining soil and debris is off hauled. The contaminated soils and debris remain on site and are placed on and covered by plastic sheeting away from the creek, awaiting off-haul. The proposed contract amendment would provide the additional funds to properly off-haul and dispose the contaminated soil and debris. Large-scale soil import to fill-in areas like the excavated debris site is generally infeasible for District projects because ‘clean soil’ or fill cannot be effectively tested for soil pathogens (phytophthoras), which stunt and kill vegetation. Unfortunately, no suitable borrow soils are R-20-124 Page 3 known to exist on the property. Given that the site occupies a narrow space between farm fields and a perennial riparian corridor, slope stabilization of the excavated site near the creek was best accomplished using rip-rap rather than through extensive grading to avoid impacts to the active farm field and to keep to the tight construction window. The area of excavation is now stabilized with erosion control blankets, native grass seed, and riprap. The site is located adjacent to a dam on Madonna Creek that is being evaluated for future removal to provide fish passage. Removal of the dam would require extensive grading in proximity of the excavation site. Therefore, the design intent of the Madonna Creek cleanup project also focused on stabilizing slopes and revegetating with native grasses and fast-growing willows until the larger creek restoration/dam removal project is further developed to determine if there is a more opportune time to conduct extensive grading in the area that can also soften the contours of the excavated site. CalRecycle staff in the Farm and Ranch Solid Waste Cleanup and Abatement Grant Program have recommended $50,000 in funding for the Madonna Creek project. Because the District was not eligible to apply for the grant funds, the San Mateo Resource Conservation District applied in partnership with the District and will receive and disburse the grant funds to offset costs. FISCAL IMPACT The FY21 adopted budget includes $261,874 for the Remediation Plan & Ranch Dump Clean Up - Madonna Creek Ranch MAA01-004 project. There are insufficient funds in the project budget to cover the recommended action and expenditures. A budget adjustment will be included at the Quarter 2 Budget review that may be covered by project savings and/or unspent funds. Remediation Plan & Ranch Dump Clean Up - Madonna Creek Ranch MAA01-004 Prior Year Actuals FY21 Adopted FY22 Projected FY23 Projected Estimated Future Years TOTAL Total Budget: $0 $261,874 $10,000 $4,000 $10,000 $285,874 Spent-to-Date (as of 10/19/2020): $0 ($28,220) $0 $0 $0 ($28,220) Encumbrances: $0 ($194,341) $0 $0 $0 ($194,341) Engineering/Remediation Resources Group, Inc. Contract Amendment: $0 ($146,664) $0 $0 $0 ($146,664) Budget Remaining (Proposed): $0 ($107,351) $10,000 $4,000 $10,000 ($83,351) The following table outlines the Measure AA Portfolio 01 Miramontes Ridge: Gateway to the Coast Public Access, Stream Restoration and Agricultural Enhancement allocation, costs-to-date, projected future project expenditures and projected portfolio balance remaining. MAA01 Miramontes Ridge: Gateway to the Coast Public Access, Stream Restoration and Agricultural Enhancement Portfolio Allocation: $27,774,000 Total Portfolio Allocation: $27,774,000 Life-to-Date Spent (as of 10/19/20): ($28,220) Encumbrances: ($194,341) Remaining FY21 Project Budgets: $107,351 Future MAA01 project costs (projected through FY23): ($170,664) R-20-124 Page 4 Total Portfolio Expenditures: ($285,874) Portfolio Balance Remaining (Proposed): $27,488,126 The following table outlines the Measure AA Portfolio 01 Miramontes Ridge: Gateway to the Coast Public Access, Stream Restoration and Agricultural Enhancement allocation, projected life of project expenditures and projected portfolio balance remaining. MAA01 Miramontes Ridge: Gateway to the Coast Public Access, Stream Restoration and Agricultural Enhancement Portfolio Allocation: $27,774,000 Projected Project Expenditures (life of project):   MAA01-003 Zion Property Purchase $0 MAA01-004 Remediation Plan Development and Ranch Dump Clean Up - Madonna Creek Ranch ($285,874) Total Portfolio Expenditures: ($285,874) Portfolio Balance Remaining (Proposed): $27,488,126 BOARD COMMITTEE REVIEW No Board Committee reviewed this item. The original award of contract was brought to the full Board on August 26, 2020. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE In accordance with the State California Environmental Quality Act (CEQA) Guidelines, this project was deemed exempt under Section 15330 “Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate the Release or Threat of Release of Hazardous Waste or Hazardous Substances” upon the award of contract. NEXT STEPS If approved, the General Manager will amend the contract and authorize the proper disposal of the contaminated soils as soon as practical. Attachment 1. Photos Responsible Department Head: Kirk Lenington, Natural Resources Department Prepared by: Aaron Hébert, Senior Resources Management Specialist Zach Alexander, Capital Project Manager III Contact person: Aaron Hébert, Senior Resources Management Specialist A Attachment 1: Contaminated Soil Piles Attachment 1: Excavation Area (erosion control in progress) R-20-122 Meeting 20-25 October 28, 2020 AGENDA ITEM 9 AGENDA ITEM Proposed purchase of an undivided 54% interest in the Peninsula Open Space Trust (POST) South Cowell Property, located at 1000 Verde Road, Half Moon Bay, in unincorporated San Mateo County (Assessor’s Parcel Numbers 066-280-010, 066-280-020, 066-280-051 and 066- 280-052), as an addition to Purisima Creek Redwoods Open Space Preserve GENERAL MANAGER’S RECOMMENDATIONS 1.Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA), as set out in the staff report. 2. Adopt a Resolution authorizing the purchase of an undivided 54% interest in the POST South Cowell Property for $4,750,000 with a corresponding authorization for a Fiscal Year 2020-21 budget increase in the same amount. 3. Adopt a Preliminary Use and Management Plan, as set out in the staff report. 4. Withhold dedication of the property as public open space at this time. SUMMARY The General Manager recommends the purchase of an undivided 54% interest in the 600-acre South Cowell Property (Property) at a price of $4,750,000 as an addition to Purisima Creek Redwoods Open Space Preserve (Preserve) and a subsequent land division and land transfer to create a 371-acre Upland property to be owned solely by Midpeninsula Regional Open Space District (District). This report provides a description of the Property, a Preliminary Use and Management Plan, findings of the environmental review, the purchase terms and condition, and financial considerations. A budget adjustment/increase of $4,750,000 to the Fiscal Year 2020-21 (FY21) budget would be required to proceed with the acquisition. DISCUSSION The District proposes to purchase an undivided 54% interest (or shared interest) in the 600-acre Property with Peninsula Open Space Trust (POST) retaining a 33% interest and the Marsh Trust retaining a 13% interest. As part of the proposed transaction, the three parties will enter into a tenancy in common agreement establishing exclusive use and management of the Property as follows: R-20-122 Page 2 • The District will be responsible for the Upland property, consisting of a 361-acre area east of Verde Road (exclusive of the residence site) and a 10-acre area between Verde Road and Highway 1; • The Marsh Trust will be responsible for the farm area, consisting of a 226-acre area of farmland between Verde Road and Highway 1 and farmland west of Highway 1; and • POST will be responsible for the 2-acre residence site east of Verde Road. Under the proposed tenancy in common agreement, the three parties have agreed to continue existing agricultural uses and apply for a land division with San Mateo County (County) after the completion of the initial purchase to create a 371-acre Upland property to be owned in fee by the District, a 226-acre farm property retained by the Marsh Trust, and a 2-acre residence property retained by POST. County approval of the application is contingent upon final adoption of an amendment to the County zoning and subdivision ordinances to provide consistency with the California Coastal Act and San Mateo County Local Coastal Program exemptions for land divisions by a public agency for public recreational use. The amendment was approved by the County Board of Supervisors on July 7, 2020 and is anticipated to be adopted by the Coastal Commission in the fall of 2020. This purchase advances land conservation opportunities in the District’s Vision Plan Portfolio #3 Purisima Creek Redwoods: Purisima-to-the-Sea Trail Completion, Watershed Protection, and Conservation Grazing. The purchase will preserve grazing lands, protect the Lobitos Creek watershed, and improve access to surrounding District lands. It will also provide improved opportunities for compatible trail use when planning the Purisima-to-the-Sea Trail, a regional trail envisioned to link the Bay Area Ridge Trail with the California Coastal Trail along the San Mateo coast. The purchase is eligible for Measure AA funding. Property Description (see Attachment 2 - Location Map) The Property consists of one parcel, located three miles south of the City of Half Moon Bay. It is bisected by Verde Road and Highway 1 and abuts the 5,038-acre Preserve to the north, east, and south. The Property is visible from Highway 1 and within the State’s Highway 1 Scenic Corridor. The Upland property consists of the grasslands east of Verde Road and a 10-acre fallow field between Verde Road and Highway 1. The undulating terrain east of Verde Road rises from 200 feet to approximately 800 feet in elevation along Lobitos Ridge. The 2-acre residence site is similar to the surrounding Upland property. The land between Verde Road and Highway 1 consists of sloping fields. The land west of Highway 1 consists of sloping fields that abut private farmland to the north and south, and end at the coastal bluffs to the west. Existing Land Uses and Improvements The grasslands of the Upland portion of the Property east of Verde Road is leased to a local rancher for cattle grazing. Existing improvements that support grazing include two stock ponds, a developed spring with a water trough, two small corral areas, perimeter fencing and a network of ranch roads. Remnants of oil production piping is visible at two locations along the main ranch road. The 10-acre fenced field between Verde Road and Highway 1 has not been farmed for many years and was last used for a small beekeeping operation. The farm portion of the Property between Highway 1 and Verde Road is dry farmed and grazed by the Marsh family. Existing improvements that support farming include a commercial farm stand and parking lot, an agricultural center, including wood barn, outbuildings, and a materials R-20-122 Page 3 yard - all operated by the Marsh family. The farm portion of the Property located west of Highway 1 is grazed by the Marsh family. It is improved with ranch roads, perimeter fencing, and an agricultural pond. The 2-acre residence site is managed by POST and is improved with a single-family home, a metal barn, landscaping, and several sheds. The house is in fair to poor condition and POST is planning to make repairs. When repairs are completed on the house, POST will seek a caretaker to occupy the residence site. Phase I and II Environmental Assessments were conducted in early 2020 on the residence area, farm area, the rangeland, an old gravel pile area east of Verde Road, and the former oil well pads and oil storage tank area also located east of Verde Road that were decommissioned between 1996-1997 by the California Underground Storage Fund. The Phase I report recommended soil sampling of the former oil storage tank area and the 10-acre farm field west of Verde Road. The Phase I report also recommended the removal of oil pipes buried and exposed prior to any public use. The Phase II assessment conducted screening-level soil sampling of the former oil storage tank area. The results were found to be below environmental screening levels that present an exposure concern. The 10-acre fallow farm field was tested for pesticides, and none were detected. Habitat and Natural Resources Value The Upland property is part of a 4,000-acre terrestrial habitat patch of coastal scrub and annual grassland habitat, with mixed willow and Arroyo willow vegetation in the riparian corridors. It also contains patches of Bulrush vegetation series and Blueblossom-Jimbrush (Ceanothus thyrsiflorus); two locally unique and sensitive native plant communities. Oaks, alders, and riparian vegetation are found in the drainages connecting to Lobitos Creek and the drainage that flows directly to the ocean. The Upland property provides habitat for a number of species, including deer, coyotes, bobcats, and mountain lions. A wide variety of small mammals, birds, and other species occupy or migrate through it. Approximately ¾ miles of Lobitos Creek abuts the south side of the Upland property. Lobitos Creek supports aquatic linkages between upland habitat and the Pacific Ocean, and provides potential spawning and rearing habitat for federally protected Steelhead trout. However, steelhead passage is limited in most years due to two obstructive culverts channeling stream flow under Verde Road and Highway 1. Water Rights The Property has water rights in Purisima Creek to serve the residence, farm area, and grazed uplands. The Purisima Creek watershed and all of its surface waters were adjudicated in San Mateo County Court in 1985. The adjudication allocated water rights to the S.H. Cowell Foundation to serve many parcels, including the Property. Point of Diversion 27 (POD27) in the adjudication provides the Property with water for inside and outside residential uses, farm uses, and stock water uses. The adjudication provides all water users with a baseline of allocation during low flow conditions, calculated in gallons per day (gpd), and additional water during high flow conditions. To serve the Property’s current and potential future uses, the three parties will enter into a Water Allocation Agreement to divide the adjudicated water allotment as follows: Purisima Creek POD27 Allotment Upland Property (District) Residential Area (POST) Farm Property (Marsh Trust) 500 gpd inside residential (low flow) ----- 250 gpd inside residential 250 gpd inside residential R-20-122 Page 4 500 gpd outside residential (low flow) ----- 250 gpd outside residential 250 gpd outside residential 1,500 gpd stock water (low flow) 750 gpd stock water ----- 750 gpd stock water 2,000 gpd of stock water or outside residential (high flow) 750 gpd high flow stock water 250 gpd high flow outside residential 1,000 gpd high flow stock water The Upland property is well served by local water sources (springs and ponds) and is unlikely to benefit from utilizing the above water right for stock water (which would require a significant extension of the water line uphill). Nonetheless, clearly defining the current and future rights and responsibilities of the parties is important to clarify at this time. Support of Coastal Agriculture Approximately 360-acres of the Upland portion of the Property is leased to Mr. Vince Fontana for cattle grazing, who has run cattle on the property since 2013. POST entered into a new month to month lease with Mr. Fontana in June 2020 when they became the Property’s co-owner with Marsh. POST is currently making improvements to the infrastructure that supports the grazing operation, including upgrades to the existing perimeter fencing and the corral area east of Verde Road. Upon purchase of a partial interest, the District will be assigned the month to month grazing lease with Mr. Fontana in compliance with the District’s Coastal Service Plan, which states that when the District acquires lands in agricultural use, the acquisition shall be subject to the continued use by the operator, pursuant to the use and management plan adopted for the property. The assigned lease would be managed in conjunction with Mr. Fontana’s existing lease for the District’s 830-acre Lobitos/Elkus grazing unit in the adjoining Preserve, which was approved by the Board of Directors (Board) on August 26, 2020 (R-20-95). At the District’s request, POST has hired a certified rangeland consultant to prepare an amendment to the Lobitos/Elkus Rangeland Management Plan (RMP) to incorporate the Upland property into that grazing unit, enhance grazing infrastructure for the operator, and further protect coastal grazing lands and habitats. The amended RMP may also contain options to consolidate grazing lands along Lobitos Ridge into a single grazing unit in the future to further protect the agricultural viability. The amended RMP will be presented to the Board for adoption at a later date. Under the terms of the tenancy in common agreement, the Marsh family will continue to have exclusive use and management of the 226-acre farm portion of the Property and continue the existing agricultural and grazing uses in those areas. The allocation of adjudicated water rights discussed previously and codified in a water agreement between all three property owners distribute a proportional share of residential and agricultural water resources to the farm portion. POST and the District have also agreed to share costs for improvements to the water intake at the point of diversion that will further support the farm operation. The proposed land division whereby each party will solely own the three areas of the Property individually is not anticipated to impact existing agricultural and grazing uses. Any future planning for public recreation will follow the guidelines and mitigations adopted as part of the Coastal Service Plan, conditions of the conservation easements to protect agricultural lands (discussed separately in this Report), and will comply with all County approval processes that also serve to protect agriculture. R-20-122 Page 5 Conservation Easements Four conservation easements cover the Property. When POST owned the Property in 1989, they granted a trail and conservation easement and a separate conservation easement to the Coastal Conservancy to protect the conservation values of the Property. In 1991, POST sold the Property to the Marsh and Andreini families subject to two additional easements held by POST, both nearly identical in terms and intent to the two Coastal Conservancy easements. The conservation easement protects the conservation values (natural, scenic, agricultural and open space) of the property, and the trail and conservation easements provide for trail and recreational use compatible with these conservation values. The purpose of the two trail and conservation easements are: “for trail and recreational use and will be preserved in its natural, scenic and open space condition in perpetuity. Grantor intends that this Easement limit the use of the Trail Easement Area to activities involving farming and grazing, public recreation and related uses which are consistent with both the conservation values of the South Cowell Property and the recreational uses.” The purpose of the two conservation easements are to retain “in perpetuity in its natural, scenic, historical, agricultural, and open space condition and to prevent any use of the Conservation Easement Area that will significantly impair or interfere with conservation values of the Conservation Easement Area. Accordingly, this Easement restricts the use of the Conservation Easement Area to activities involving farming and grazing, recreation and related uses which are consistent with this Easement. It is the intent of the parties to this Easement that the Conservation Easement area be retained predominantly in its productive agricultural condition by preserving and protecting in perpetuity the agricultural values, character and utility of the Conservation Easement Area.” POST’s recent re-purchase of a majority interest (87%) in the Property did not eliminate the easements. However, conservation law has significantly evolved in the intervening decades and there is a need to consolidate and modernize the easements. POST and the Coastal Conservancy are working together to revise the easements while retaining their original intent. The existing conservation easements allow for the subdivision of a 2-acre residence site and a recreational trail corridor to connect to the California Coastal Trail. The creation of a second residence not to exceed 5,000 square feet is also allowed on the Property’s upland. The Coastal Conservancy and POST are working on an amendment to modify the conditions on the allowable subdivision to accommodate ownership of the Upland property by the District. This change in the subdivision configuration will better facilitate the original intent of implementing compatible public recreation and agriculture by eliminating the development of the second residence site on the South Cowell Ranch property. The addition of farm labor housing on the farm portion will continue to be an allowable use. Amendment of the easements will also allow for the future land division in accordance with the Coastal Act’s exemption for land divisions by a public agency for the purposes of public recreation. After the proposed purchase and the anticipated land division, the agriculture uses will continue under private farm ownership by the Marsh family and under a lease agreement between the District and a local rancher. In addition, the protections afforded in the easements will be significantly enhanced to better ensure that the easements can be applied and enforced in perpetuity. All parties have agreed to new substantive terms to facilitate long term agricultural R-20-122 Page 6 use, including mandatory agricultural provisions, additional flexibility for ancillary commercial operations, and clarity regarding trail use and agricultural operations. COASTAL ANNEXATION AREA SERVICE PLAN COMPLIANCE The Property is within the boundaries of the District’s Service Plan for the San Mateo County Coastal Annexation Area (Service Plan). The Service Plan and conditions approved by the San Mateo Local Agency Formation Commission (LAFCo) established policies for the District’s Coastside Protection Program (Program). The Program guides the District’s coastal purchases and use and management of open space land within the Service Plan Area. The District’s coastal land purchases are subject to a Memorandum of Understanding between the San Mateo County Farm Bureau and the District. In accordance with the memorandum, District and POST staff presented information on the proposed purchase at a Farm Bureau meeting on August 3, 2020. The Farm Bureau had questions regarding the grazing lease, water rights, proposed land division, and the conservation easements’ limitations of subdivision. District staff responded that the grazing lease would continue, and that POST would be making improvements to the livestock fencing and the corral. Adjudicated water rights would be divided among owners for domestic and agricultural uses. District and POST staff discussed that the existing conservation easements allow subdivision of the 2-acre residence site, trail corridors, and building of a second residence on the Upland property, and that the Coastal Conservancy and POST are working on amending them to allow for the future land division and elimination of development of a second residence on the Property. Farming will continue under private ownership on the farm property and grazing will continue on the Upland property under District ownership. USE AND MANAGEMENT Planning Considerations The Property has a General Plan designation of Agricultural Rural, with a zoning designation of Planned Agricultural Development/Coastal Development (PAD/CD). Current land uses consist of cattle grazing, pasturing, farming, and residential. Natural resource management, habitat preservation, and low intensity recreation are allowable uses within the land use designation. On September 23, 2020, the County Planning Commission confirmed that the purchase of an undivided interest in the Property by the District for open space and agricultural use complies with the County’s General Plan. District staff made an informational presentation to the Agricultural Advisory Committee on October 19, 2020. (District staff was not able to present the purchase to the Commission on September 14, 2020 due to a lack of quorum.) If purchased, the Property will be incorporated into the surrounding Preserve and the Preliminary Use and Management Plan as set out in this report will be implemented. Future planning processes would analyze opportunities for compatible public use when undertaken and further environmental review would be prepared as needed. Subsequent planning would be in accordance with the District’s Service Plan, including consultation with appropriate agencies, organizations, and adjoining landowners. Purisima-to-the-Sea Trail A separate planning effort for the Purisima-to-the-Sea Trail, a regional trail through the Preserve envisioned to link the Bay Area Ridge Trail with the California Coastal Trail along the San R-20-122 Page 7 Mateo coast, will evaluate the options for a trail route and public parking area within the Upland property. Among other planning considerations, the public access planning effort will consider buffers and setbacks needed to protect residential uses on Verde Road, and on grazing and farming uses on the Property and in the vicinity. Future stakeholder and public outreach will include consultation meetings with adjacent landowners and the community. Williamson Act Considerations The Property is not subject to a Land Conservation Agreement under the California Land Conservation Act of 1965 (also known as the Williamson Act). Partnership Recognition At a future date, POST and the Coastal Conservancy will be recognized for protection of the Property as open space. Recognition will comply with Board Policy 5.01 – Site Naming, Gift, and Special Recognition. Preliminary Use and Management Plan The Preliminary Use and Management Plan (PUMP) establishes a status quo land management approach in the interim between the purchase of a property and the completion of a future long- term plan. The PUMP takes effect at the close of escrow and remains effective until changes warrant an amendment or development of a comprehensive Preserve plan to include this Property. If changes to land use or the physical environment are proposed in the future, the plan would be subject to further environmental review and public input. Application of the PUMP: Apply the PUMP solely to the 371-acre Upland property managed by the District, in tandem with the provisions of the Tenants in Common Agreement identified in the Terms and Conditions of this purchase. Name: Name the Upland property as an addition to Purisima Creek Redwoods Open Space Preserve after the completion of the future land division. Dedication: Withhold dedication of the Upland property as open space at this time. Coastal Service Plan: Operate and manage the Upland property in compliance with the District’s Service Plan for the Coastal Annexation Area and the mitigation measures adopted pursuant to the Service Plan’s Environmental Impact Report. Public Access: Designate the Upland property as closed to public use at this time. Signs and Site Security: Install and maintain Preserve boundary and closed area signs where appropriate in the Upland property. Fences and Gates: Upgrade and maintain gates and fencing as necessary to prevent unauthorized entry in the Upland property. R-20-122 Page 8 Roads and Trails: Implement maintenance and minor erosion and sediment control measures for ranch roads in the Upland property in accordance with District’s adopted Resource Management Policies standards and regulatory permits. Patrol: Routinely patrol the Upland property, including the area in and around the existing house compound. Existing Grazing Lease: Accept assignment of existing grazing lease with Mr. Vince Fontana from POST and manage the lease in conjunction with the Lobitos/Elkus grazing unit. Prepare an amendment to the Lobitos/Elkus Rangeland Management Plan to incorporate the Upland property into that grazing unit. Routinely inspect existing ranch infrastructure as part of management of the assigned grazing lease. Resource Management: Maintain the Upland property in its existing uses of grazing land and open space. Conduct plant and animal management activities as needed, consistent with the District’s adopted Resource Management Policies, Integrated Pest Management Program Guidance Manual, Best Management Practices, and regulatory permits. Water Resources: Protect water resources on the Upland property consistent with the District’s adopted Resource Management Policies, Integrated Pest Management Program Guidance Manual, Best Management Practices, and regulatory permits. Water Rights: Comply with division of adjudicated water rights from Purisima Creek POD 27 in accordance with the Water Allocation Agreement identified in the Terms and Conditions of this purchase. Wildland Fuel Management: Implement standard District-wide fuel management and defensible space practices on the Upland property consistent with the District’s adopted Resource Management Policies. Conservation Easements: Comply with the conservation easements held by POST and the Coastal Conservancy on the Upland property. Work with POST and Coastal Conservancy to complete amendments to the conservation easements. R-20-122 Page 9 Subsequent Planning Considerations: Any subsequent future infrastructure improvements, changes in land management leases, or public access planning will include consultation with appropriate agencies, organizations, and the community, including public workshops to gather input and review draft and final plans for future public access. When preferred plans are identified, the District will complete the necessary environmental assessment under CEQA at that time. Subsequent planning considerations shall include partner recognition and interpretive signs that recognize POST and the Coastal Conservancy for their role in protection of the Property as open space as appropriate and in compliance with District policy. Include the Upland property in the Trail Feasibility Study for the future Purisima-to-the-Sea Trail. San Mateo County Local Coastal Program The Property is within the San Mateo County Coastal Zone. Consult with County Planning on all subsequent actions to ensure compliance with the Local Coastal Plan (LCP) and Coastal Development (CD) permitting requirements. CEQA COMPLIANCE Project Description The project consists of the purchase of an undivided 54% interest in the 600-acre Property in a coastal unincorporated area of San Mateo County as an addition to the District’s open space preserve system and concurrent adoption of a PUMP for the 371-acre Upland portion of the Property that establishes a status quo land management approach, with no expansion or changes to its existing uses of agricultural lands and natural habitat. The Property is within the boundaries of the District’s Service Plan for the San Mateo County Coastal Annexation Area. The Service Plan and the Service Plan Final Environmental Impact Report (FEIR), certified in 2004, includes policies, guidelines, and mitigations to ensure compatibility with the County General Plan and Local Coastal Program. The actions proposed will be conducted in compliance with the Service Plan and FEIR. Any minor erosion and sediment control measures, wildland fuel management, and minor resource management activities implemented by the District or tenants as part of the PUMP will be conducted in accordance with the District’s approved Resource Management Policies and the mitigation measures adopted as part of the Resource Management Policies’ FEIR, and in accordance with applicable regulatory permits. Any invasive species control will be conducted in accordance with the District’s adopted Integrated Pest Management Policies and Integrated Pest Management Program Guidance Manual, Best Management Practices, and the mitigation measures adopted as part of the Integrated Pest Management Policies’ FEIR. Analysis for impacts as a result of any subsequent land division to create a 371-acre Upland property will be conducted separately as part of the process to secure County approval. R-20-122 Page 10 CEQA Determination The District concludes that the purchase of the Property and adoption of the PUMP is categorically exempt from the California Environmental Quality Act (CEQA) under Article 19, Sections 15301 and 15325 of the CEQA Guidelines: Section 15301 exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, or topographical features, involving negligible or no expansion of use beyond the existing uses. The PUMP will maintain the Property as status quo with no expansion or changes to its existing uses as agricultural and open space lands, complying with the District’s adopted Resource Management Policies, Integrated Pest Management Program Guidance Manual, Best Management Practices, and regulatory permits as applicable. The PUMP includes minor erosion control work as necessary, minor wildland fuel management, and minor natural resource management activities. Section 15325 (a) acquisition or transfer of ownership to preserve existing natural conditions, including plant and animal habitats, (b) acquisition or transfer of ownership to allow continued agricultural uses, and (f) acquisition or transfer of ownership to preserve open space. The proposed purchase will transfer a portion of ownership of the Property to the District to ensure that its existing natural conditions will be preserved, will allow for the existing agricultural and grazing uses to continue, and preserve Upland portion of the Property as part of the District’s Purisima Creek Redwoods Open Space Preserve. TERMS AND CONDITIONS The proposed purchase price for the undivided 54% interest in the Property is $4,750,000 based upon an independent fair market appraisal commissioned by the District. POST will retain an undivided 33% interest and the Marsh Trust will retain a 13% interest in the property. The appraisal incorporates the value of POST’s livestock corral improvements and 7,700 linear feet of livestock fencing along Verde Road and the northern and southern boundary of the Upland property. The appraisal values the 371-acre uplands portion of the Property at the low end of comparable sales market range due to the restrictions attributable to the conservation easements held by the Coastal Conservancy and POST (see conservation easement discussion on pages 4 and 5). The property interest would be purchased on an “as-is” all-cash basis. The transaction would close escrow by December 2020. As part of this transaction, the following additional agreements will be entered into between the District with POST and the Marsh Trust: 1. Assignment of Grazing Lease: POST would assign a month to month grazing lease with the existing rancher to the District, and District would reimburse POST up to $12,000 for preparation of an amendment to the Lobitos/Elkus rangeland management plan incorporating the upland grazing lease area as part of the approximately 1,200-acre grazing operation on the Preserve. 2. Tenancy in Common Agreement: POST, Marsh Trust, and District would enter into a tenancy in common agreement for cooperation on amending the conservation easements, land division application, entering into a water agreement, identifying the parties exclusive use and management of the property areas, and District consultation with POST and Marsh Trust on public trail planning. R-20-122 Page 11 3. Water Allocation Agreement: The three parties would enter into a water agreement allotting the domestic water rights to the residence area, and future farm labor housing on the farm property and sharing of the livestock water between the Upland area and farm area. The purchase and sale agreement provides for the subsequent land division application and future property transfers. (See Attachment 3 – Proposed Area of Land Division Map.) Upon approval of the application by the County, the property transfer escrow would convey 100% fee title interest in the parcels created as follows: • POST and Marsh Trust would convey the 371-acre upland parcel to the District. • POST and District would convey the 226-acre farm parcel to the Marsh Trust. • Marsh Trust and District would convey the 2-acre residence parcel to POST. The amended conservation easement held by POST would be recorded over all of the parcels, protecting the following conservation values: agriculture, scenic, habitat and natural resources, open space and recreation, and restricting uses to farming, grazing, recreation, residential and related uses. FISCAL IMPACT Land acquisitions brought before the Board for approval include a budget adjustment/increase to the adopted budget. If approved, an increase of $4,750,000 to the FY21 budget is required. South Cowell Upland Property Purchase Amount (including $10,000 option deposit) $4,750,000 Total Land purchases approved to date for FY21 $1,075,000 Total Land Purchases (if approved) $5,825,000 The following table outlines the Measure AA Portfolio 03 Purisima Creek Redwoods: Purisima- to-the-Sea Trail, Watershed Protection and Conservation Grazing allocation, costs-to-date, projected future project expenditures and projected portfolio balance remaining. MAA03 Purisima Creek Redwoods: Purisima-to-Sea Trail, Watershed Protection and Conservation Grazing Portfolio Allocation: $7,608,000 Life-to-Date Spent (as of 09/24/2020): ($1,386,519) Encumbrances: ($8,146) South Cowell Upland Land Conservation ($4,750,000) MAA03-006 Title Insurance, Escrow fees, and other miscellaneous project costs: ($50,000) Remaining FY21 Project Budgets: ($326,950) Future MAA03 project costs (projected through FY23): ($156,752) Total Portfolio Expenditures: ($6,678,367) Portfolio Balance Remaining (Proposed): $929,633 The following table outlines the Measure AA Portfolio 03 allocation, costs to date, and the fiscal impact related to the Property purchase. MAA03 Purisima Creek Redwoods: Purisima-to-Sea Trail, Watershed Protection and Conservation Grazing Portfolio Allocation: $7,608,000 Projected Project Expenditures (life of project):   MAA03-001 Purisima Uplands Lot Line Adjustment and Property Transfer ($425,114) R-20-122 Page 12 *MAA03-002 Purisima Uplands Site Cleanup and Soil Remediation Assessment ($611,017) MAA03-003 Purisima Creek Fence Construction ($169,190) MAA03-004 Harkins Bridge Replacement ($516,916) MAA03-005 Purisima Uplands Parking Area and Trail Connections ($156,130) MAA03-006 South Cowell Upland Land Conservation ($4,800,000) Total Portfolio Expenditures: ($6,678,367) Portfolio Balance Remaining (Proposed): $929,633 * Ascent Environmental Contract and Bonkowski & Associates, Inc.,Contract are concurrently going to the Board for approval at the 10/28/2020 meeting Coastside Protection Area Fiscal Considerations The Property is not located within the service area of San Mateo County Fire or the La Honda- Pescadero Unified School District. Therefore, the District is not required to pay any County Fire or School District fees. BOARD COMMITTEE RECOMMENDATIONS The District distributed a notice of the District’s Real Property Committee meeting on September 1, 2020 to property owners located adjacent to or surrounding the subject property and to interested parties. The Real Property Committee held a virtual meeting on September 8, 2020 to review information about the Property and receive public input on the proposed purchase. Staff presented the Property, reasons for purchase, terms, and described how the Property would remain closed at this time and managed as an extension of the surrounding Preserve. All members of the Real Property Committee attended the meeting. A Farm Bureau member submitted public comments that the proposed land division and acquisition were not endorsed by the Farm Bureau, and that the conservation easements held by the Coastal Conservancy and POST were not included in the South Cowell fact sheet presented to the Committee. These comments were read by the District Clerk. The Real Property Committee recommended forwarding the proposed purchase to the Board in a vote of 2-0. (One member was unable to vote due to loss of connection to the virtual meeting.) PUBLIC NOTICE Public notice for this meeting was provided as required by the Brown Act. A copy of the agenda for this meeting was mailed to property owners of land located adjacent to or surrounding the Property, to interested parties, and to those listed on the Coastside Protection Area mailing list. NEXT STEPS Upon approval, the General Manager will direct staff to proceed with the close of escrow for the purchase of the Property and implement the PUMP. The District’s Skyline Field Office will manage the Property as an addition to Purisima Creek Redwoods Open Space Preserve. Staff will work with POST to submit a land division application to the County of San Mateo. Upon approval of the application by the County, the General Manager is authorized to proceed with the future transfer of the Upland property to the District. Attachments: 1. Resolution Authorizing Acceptance of Purchase and Sale Agreement, Amending the Fiscal Year 2020-21 General Fund Capital Budget, Authorizing the General Manager or Other Officer to Execute Certificates of Acceptance of Grants to District and Grants for R-20-122 Page 13 the Future Transfer of Parcels to POST and the Marsh Trust after Land Division, and Authorizing General Manager to Execute Attachments to the Agreement and any and all Other Documents Necessary or Appropriate to Closing of the Transaction (Purisima Creek Redwoods Open Space Preserve - Lands of Peninsula Open Space Trust) 2. South Cowell Ranch Property Location Map 3. South Cowell Ranch Proposed Area of Land Division Map Responsible Department Head: Michael Williams, Real Property Manager Prepared by: Michael Williams, Real Property Manager Elish Ryan, Planner III Staff Contact: Michael Williams, Real Property Manager Graphics prepared by: Nathan Greig, Data Analyst II Francisco Tapia, GIS Technician Attachment 1 Resolutions/2020/20-__SouthCowellPurchase 1 RESOLUTION 20-__ RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ACCEPTING THE PURCHASE AND SALE AGREEMENT, AMENDING THE FISCAL YEAR 2020-21 GENERAL FUND CAPITAL BUDGET, AUTHORIZING GENERAL MANAGER OR OTHER APPROPRIATE OFFICER TO EXECUTE CERTIFICATES OF ACCEPTANCE FOR GRANTS TO DISTRICT AND GRANTS FOR THE FUTURE TRANSFER OF PARCELS TO POST AND THE MARSH TRUST AFTER LAND DIVISION, AND TO EXECUTE ATTACHMENTS TO THE AGREEMENT AND ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE - LANDS OF PENINSULA OPEN SPACE TRUST ) WHEREAS, the Board of Directors approves the District’s purchase of a partial interest in the South Cowell Property (“Property”) as set forth in the report, attached hereto and incorporated herein by this reference; and WHEREAS, as part of the transaction, the District, POST, and Marsh Trust have agreed to apply for a land division to create a 371-acre Upland property to be owned in fee by the District, a 226-acre farm property retained by the Marsh Trust, and a 2-acre residence property retained by POST, and accordingly the Board wishes to authorize the appropriate District officer to the grant the District’s interests in the non-Upland parcels to POST and the Marsh Trust, respectively. The Board of Directors of Midpeninsula Regional Open Space District does hereby resolve as follows: SECTION ONE. The Board of Directors of Midpeninsula Regional Open Space District (District) does hereby accept the offer contained in that certain Purchase and Sale Agreement between Peninsula Open Space Trust (POST) and the Midpeninsula Regional Open Space District, a copy of which purchase agreement is attached hereto and by reference made a part hereof, and authorizes the President of the Board of Directors, General Manager, or other appropriate officer to execute the Agreement and all related transactional documents on behalf of the District to acquire the real property described therein (“the POST South Cowell Ranch Property”). SECTION TWO. The Board authorizes the expenditure of $4,750,000.00 covering the purchase of the South Cowell Ranch Property, including an option deposit of $10,000.00. SECTION THREE. The Board approves an amendment to the Budget and Action Plan for Fiscal Year 2020-21 by increasing the Measure AA Fund Capital budget in the amount of $4,750,000.00. Except as herein modified, the FY 2020-21 Budget and Action Plan, Resolution No. 20-18 as amended, shall remain in full force and effect. SECTION FOUR. The General Manager or President of the Board of Directors and/or other appropriate officer is authorized to execute a Grant Deeds for the future transfer of parcels to POST and the Marsh Trust after the land division is complete. Attachment 1 2 SECTION FIVE. The General Manager, President of the Board of Directors, or other appropriate officer is authorized to execute a Certificates of Acceptance and the Grant Deeds on behalf of the District. SECTION SIX. The General Manager or the General Manager’s designee is authorized to provide notice of acceptance to the seller, execute all escrow documents and to extend escrow if necessary. SECTION SEVEN. The General Manager, or General Manger’s designee is authorized to expend up to $50,000.00 to cover the cost of title insurance, escrow fees, rangeland management plan, land division application, survey and miscellaneous costs related to this transaction SECTION EIGHT. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents, which do not involve any material change to any term of the Agreement or documents, which are necessary or appropriate to the closing or implementation of this transaction. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ________, 2020, at a regular meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Jed Cyr, Secretary Board of Directors Karen Holman, President Board of Directors APPROVED AS TO FORM: Hilary Stevenson, General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. Jennifer Woodworth, District Clerk Attachment 1 3 PURISIMA UPLAND OCTOBER FARMS TUNITAS CREEK RANCH UC ELKUS RANCH UPLANDS South Cowell Ranch Property 600-acres PURISIMA FARMS (POST CE) SMC COMM. COLL. UC ELKUS RANCH SOUTH COWELL FARM PROPERTY Tunitas C re ek Purisima C r e e k Lo b it o s C r e e k Tu nitas C r e e k Rd Pur i s i m a C r ee k R d L o b i t o sCreek Trail C o w e l l- P u ri si m a T rail C o w ell-PurisimaTra i l V e r d e R d L o b i t os Creek C ut- o ff L o b it o s Cr e e k R dÄÆ1 TUNITAS CREEK OPEN SPACE PRESERVE PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE Midpeninsula Regional Open Space District (Midpen) 12/20/2019 Attachment 2 South Cowell Ranch Property Location Map Pa t h : G : \ P r o j e c t s \ P u r i s i m a _ C r e e k _ R e d w o o d s \ S o u t h C o w e l l P r o p e r t y \ S o u t h C o w e l l _ R a n c h p r o p e r t y \ P C R _ S o u t h C o w e l l R a n c h P r o p e r t y _ 2 0 1 9 1 2 1 6 . m x d Cr e a t e d B y : f l o p e z 0 0.25 MilesI 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. Area of Detail ÄÆ82 ÄÆ84 ÄÆ84 ÄÆ35 ÄÆ35 ÄÆ1 ÄÆ92 ÄÆ280 ÄÆ101 ÄÆ1 Half Moon Bay San Carlos Belmont Menlo Park MROSD Preserves Private Property POST Conservation Easement South Cowell Ranch Property Land TrustOther Public Agency 0.5 achm 2 A c c e s s R o a d P u r i s i m a C r e e k L o b it o s C re ek Farm R o a d A C o w ell-Purisima Tra il C o w e l l -P u r i s i m a T r a i l V e r d e R d Meyn Rd LucyLn L ucy Ln Lobitos Creek Rd ÄÆ1 Midpeninsula Regional Open Space District (Midpen) 8/20/2020 Attachment 3: South Cowell Ranch Proposed Area of Land Division Pa t h : G : \ P r o j e c t s \ P u r i s i m a _ C r e e k _ R e d w o o d s \ S o u t h C o w e l l P r o p e r t y \ S o u t h C o w e l l _ T r a n s f e r _ 2 0 1 9 1 2 0 9 . m x d Cr e a t e d B y : f l o p e z 0 0.250.125 MilesI Purisima Creek Redwoods OSP 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. Purisima Farms Conservation Easement (POST) Chamberlain-Lundell Conservation Easement Proposed Upland Property Residence Property Farm Property Farm Property 226-acres Upland Property 371-acres Residence Property PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE PURISIMA FARMS Rev. 1/3/18 R-20-123 Meeting 20-25 October 28, 2020 AGENDA ITEM 10 AGENDA ITEM Grant Funding from the San Francisco Public Utilities Commission for the Highway 35 Multi- use Trail Crossing and Parking Study located at and near the North Ridge Parking Area of Purisima Creek Redwoods Open Space Preserve GENERAL MANAGER’S RECOMMENDATION Adopt a resolution authorizing the General Manager to accept $114,000 in grant funding from the San Francisco Public Utilities Commission for the Highway 35 Multi-use Trail Crossing and Parking Study. SUMMARY Midpeninsula Regional Open Space District (District) has an opportunity to receive up to $114,000 in funding from the San Francisco Public Utilities Commission (SFPUC) for the Highway 35 Multi-use Trail Crossing and Parking Study (Project). The Project is a partnership between the District, SFPUC, Bay Area Ridge Trail Council (Ridge Trail Council) and Peninsula Open Space Trust (POST). Ridge Trail Council and POST have also contributed partner funding to support this work. Separately yet related, the District will complete a Multimodal Access Study to the visitor access scope of work that will be funded solely by the District. BACKGROUND SFPUC is proposing to build an approximately 6-mile segment of Bay Area Ridge Trail (Ridge Trail Extension) along the east side of Skyline Boulevard (Highway 35). The Ridge Trail Extension would run south from Highway 92 and terminate near the boundary of the Golden Gate National Recreation Area (GGNRA) Phleger Estate property, across from the Purisima Creek Redwoods Open Space Preserve (Purisima Creek Redwoods) North Ridge parking area. Over the past several years, SFPUC has been working on the conceptual designs and environmental review for the Ridge Trail Extension on their watershed lands adjacent to Highway 35. In March 2017, the San Francisco City and County Planning Department, as the CEQA lead agency, issued a Notice of Preparation (NOP) to begin the environmental review of the Ridge Trail Extension. In April 2017, the District responded to the NOP requesting to meet with SFPUC and the City and County Planning staff to discuss potential use impacts of the Ridge Trail Extension on the Purisima Creek Redwoods North Ridge parking area. Potential impacts include safety concerns for trail users attempting to park at Purisima Creek Redwoods and cross Highway 35 to access the Ridge Trail Extension. Additionally, the North Ridge parking area is prone to exceeding capacity on weekends, raising concerns about a potential R-20-123 Page 2 increase in parking demand that may be generated by users of the Ridge Trail Extension. To improve regional trail connections and trail user safety, the District, Ridge Trail Council and SFPUC identified the need to study the crossing of Highway 35 between the Purisima Creek Redwoods North Ridge parking area and SFPUC’s planned Ridge Trail Extension. DISCUSSION Since 2017, the District, SFPUC and Ridge Trail Council have met numerous times to discuss parking and highway crossing concerns and identified the need to study a Highway 35 trail crossing between the Purisima Creek Redwoods North Ridge parking area and SFPUC’s planned Ridge Trail Extension, as well as a potential expansion of the North Ridge parking area to accommodate an increased number of anticipated users. Following coordination with project partners, the District separately identified an additional need to study multimodal access opportunities to promote alternate modes of travel to the area and will complete this work as a separate project element. The District subsequently developed a project scope for feasibility and planning studies to evaluate a trail crossing, potential expansion of the North Ridge parking area, and multimodal access opportunities that accommodate visitors to the Ridge Trail and the future Purisima-to-the-Sea and Bay to Sea Trails. If implemented, a Highway 35 trail crossing would connect the planned Ridge Trail Extension to over seven miles of designated Ridge Trail in Purisima Creek Preserve via the Harkins Ridge Trail and Purisima Creek Trail. While the District would lead the project and studies, SFPUC, POST and Ridge Trail Council will jointly fund this first phase of costs for the potential trail crossing and parking area expansion. The District has received a $60,000 donation from POST and a $15,000 donation from the Ridge Trail Council, and is poised to receive $114,000 from SFPUC by entering into the recommended grant agreement. The District anticipates contributing $35,468 in staff time to manage the consultants and conduct the preliminary design. The District will also pursue and fully fund a multimodal study to evaluate alternate modes of transportation to the preserve. The scope of the studies funded under the proposed SFPUC grant agreement includes: 1. Traffic studies 2. Boundary/topographic surveys 3. Biological surveys 4. Cultural resource surveys 5. Geotechnical studies 6. Preliminary design of the Highway 35 trail crossing and parking area expansion In order to receive grant funding, the District must adhere to the grant agreement, which requires the submittal of project documentation, quarterly reports during the grant period, and invoices totaling the amount of the grant award. Multimodal Access Study As mentioned above, the District identified the need to conduct a multimodal access study to accompany the feasibility studies of the parking area expansion and trail crossing. The multimodal access study will be funded by the District and informed by the findings of the Rancho San Antonio Multimodal Access Study (R-20-102). The multimodal access study will include a visitor survey on visitor behaviors and preferences in accessing the preserve and consider transportation demand management strategies that are appropriate for both the upper R-20-123 Page 3 and lower parking areas of the preserve (North Ridge, Redwood, and Lower Purisima Creek parking areas). This multimodal study is expected to run concurrently with the trail crossing and parking area expansion feasibility studies. FISCAL IMPACT This funding opportunity has a positive impact of $114,000 toward funding the Highway 35 Multi-use Trail Crossing and Parking Study project. The combined funding from SFPUC, POST and Ridge Trail Council totals $189,000, which covers the estimated project consultant costs for the trail crossing and parking lot studies, including traffic analysis, topographic analysis, biological surveys, cultural surveys, geotechnical analysis, and preliminary design work. The District and SFPUC estimate that the total project, including consultant costs and District staff time to manage the consultants, will cost approximately $284,468. See breakdown of expenses and revenues below: Hwy 35 Multi-use Trail Crossing and Parking Study Project Expenses & Revenues Amount Expenses   Consultant Costs $249,000 District In-Kind Match for Staff Time 35,468 Total Expenses $284,468     Revenues   San Francisco Public Utilities Commission Grant $114,000 Bay Area Ridge Trail Council Donation 60,000 Peninsula Open Space Trust Donation 15,000 Fund 10 Operating Fund 95,468 Total Revenues $284,468 The multimodal study, anticipated to run concurrently with the trail crossing and parking area expansion feasibility studies and starting in Spring 2021, is estimated to cost approximately $60,000 and be paid for through the Fund 10 operating fund. It is anticipated that approximately $15,000 of this budget will be spent this fiscal year (FY 2020-2021) and the remaining $40,000 will be spent next fiscal year (FY 2021-2022). BOARD COMMITTEE REVIEW On September 29, 2020, the Legislative, Funding and Public Affairs Committee (LFPAC) reviewed the partnership agreement with SFPUC and provided the following comments. LFPAC Comments Staff Response What is the outer parameter for the number of anticipated cars for the new parking lot size? District staff will need to evaluate the site constraints to develop conceptual designs for additional parking that may be possible in the undeveloped grassy area adjacent to the existing lot. The existing North Ridge parking lot already reaches capacity during the weekends, such that the R-20-123 Page 4 additional visitation with the new Ridge Trail extension will need to be considered. Would this parking area be located on the eastside of Highway 35 on SFPUC lands? No, the study would evaluate the potential expansion of the existing North Ridge parking lot located on the west side of Highway 35 in a grassy area used for overflow parking for events such as the Kings Mountain Fair. Are there any public transportation possibilities that could be included in this study? As part of the multimodal access component of this study, District staff will evaluate opportunities and constraints associated with public transit, shuttles and other transportation demand strategies for accessing this preserve. Is the multimodal access study a subsequent study? The multimodal access study will be a separate component that District staff will lead and the District will fund, outside of this partner-funded study. How extensive is the multi-modal study? If we are discussing the expansion of the existing parking lot, we should look at options for getting people out of their vehicles. District staff will be looking to the findings and recommendations from the Rancho San Antonio Multimodal Access Study to inform the potential options that may be applicable and feasible for Purisima Creek Redwoods. These strategies focus on alternatives for single-occupancy and private vehicle use. LFPAC requested clarification for the full Board that the multimodal access study portion of the Project will be funded by the District and is outside of the partner-funded scope of work. Three members of the public submitted written comments for LFPAC consideration. These comments included: • Support for the project and future trail crossing implementation efforts to improve trail user safety in the Skyline area, including at Highway 92, as well as a desire to have the District and partners engage on this project; • A general request for the District to allow e-bikes on all preserves to assist persons with mobility disabilities; and • Support for the project from the Ridge Trail Council as a key link in closing an almost 100-mile continuous segment of Ridge Trail. At the end of the public comment period, LFPAC voted unanimously to forward a recommendation to the full Board of Directors to adopt the attached resolution authorizing the General Manager to execute the grant agreement. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE This item is not a project subject to the California Environmental Quality Act. The proposed preparation of plans for the project is not subject to the CEQA pursuant to 14 California Code of R-20-123 Page 5 Regulations, section 15262, in that it would involve only planning studies and feasibility analyses for possible future actions that have not yet been approved, adopted or funded. NEXT STEPS Following authorization of the agreement, District staff will initiate the trail crossing and parking lot expansion feasibility studies, as well as the multimodal access study. Milestones Tentative Timeline Release Request for Qualifications and Proposals for feasibility and multimodal access studies FY 2021, Quarter 3 Board award of contract(s) FY 2021, Quarter 4 Initiate feasibility and multimodal studies FY 2021, Quarter 4 Complete multimodal study FY 2022, Quarter 4 Complete feasibility study of trail crossing and parking lot expansion FY 2024, Quarter 2 Attachment(s): 1. Resolution authorizing the General Manager to accept grant funding from the San Francisco Public Utilities Commission for the Highway 35 Multi-use Trail Crossing and Parking/Multimodal Access Study. 2. Project Location Map 3. Project Location Map with Regional Trails Responsible Department Head: Stefan Jaskulak, CFO/Director of Administrative Services Jane Mark, AICP, Planning Manager Prepared by: Jordan McDaniel, Senior Grants & Procurement Technician, Administrative Services Aaron Peth, Planner III, Planning Staff contact: Deborah Hirst, Grants Program Manager, Administrative Services Resolutions/2020/20-XX_FundingSFPUC_Hwy35 1 RESOLUTION NO. ____ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE ACCEPTANCE OF GRANT FUNDS FROM THE SAN FRANCISCO PUBLIC UTILITIES COMMISSION FOR THE HIGHWAY 35 MULTI-USE TRAIL CROSSING AND PARKING/MULTIMODAL ACCESS STUDY WHEREAS, the San Francisco Public Utilities Commission (the “SFPUC”) is a public agency of the City and County of San Francisco that provides water, wastewater, and electric power services to the city and an additional 1.9 million customers within three San Francisco Bay Area counties; and WHEREAS, SFPUC manages watershed lands on the San Francisco Peninsula which includes construction and maintenance of regional recreational trails including the Bay Area Ridge Trail and other trails that are adjacent to and intersect with Midpeninsula Regional Open Space District trails; and WHEREAS, SFPUC and the Midpeninsula Regional Open Space District (the “District”) have agreed to jointly fund the Highway 35 Multi-use Trail Crossing and Parking/Multimodal Access Study (the “Project”); and WHEREAS, the Project is a partnership among the District, SFPUC, Bay Area Ridge Trail Council (“Ridge Trail Council”) and Peninsula Open Space Trust (“POST”). Ridge Trail Council and POST have also contributed partner funding to support the Project. WHEREAS, District will enter into an agreement with SFPUC for funding of the Project. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District hereby: 1. Accepts the funding from SFPUC for the Project. 2. Certifies the District has or will have sufficient funds to conduct the activities listed in the funding agreement. 3. Authorizes the General Manager or designee to execute the funding agreement and execute and submit all documents which may be necessary to comply with the District’s obligations set forth in the funding agreement. * * * * * * * * * * * * * * * * * * * ATTACHMENT 1 Resolutions/2020/20-XX_FundingSFPUC_Hwy35 2 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on _______, 2020, at a regular meeting thereof, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Jed Cyr, Secretary Board of Directors Karen Holman, President Board of Directors APPROVED AS TO FORM: Hilary Stevenson, General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. Jennifer Woodworth, District Clerk P u r i s i ma Creek Mills Creek A r r o y o L e on Whittemor e G u l c h W e s t U n i o n C r e e k N o r t h R i d g e T r a i l Richard s R o a d Harkins R i d g e Tr a i l C h ris MacInto s h T r a i l M o u n t R e d o n d o Tr a il Purisima Creek Tr a i l Lo n e l y T r a i l Craig B ritton T r a il R a y m undo Trail W h i t t e m o r e G u l c h T r a il ÄÆ35 ÄÆ35 MIRAMONTES RIDGE OPEN SPACE PRESERVE PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE Midpeninsula Regional Open Space District (Midpen) 9/2/2020 HIghway 35 Crossing and Parking Lot/Multimodal Access Study Location Pa t h : G : \ P r o j e c t s \ P u r i s i m a _ C r e e k _ R e d w o o d s \ S F P U C H w y 3 5 C r o s s i n g \ P r o j e c t _ L o c a t i o n _ M a p _ 2 0 2 0 0 9 0 2 . m x d Cr e a t e d B y : a p e t h 0 0.50.25 MilesI MROSD Preserves Private Property While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features. Watershed Land Project Location Area of Detail ÄÆ84 ÄÆ82 ÄÆ280 ÄÆ84 ÄÆ35ÄÆ9 ÄÆ236 ÄÆ35 ÄÆ17 ÄÆ1 ÄÆ101 ÄÆ35ÄÆ92 ÄÆ280 ÄÆ1 ÄÆ85 Half Moon Bay Redwood City San Carlos East Palo Alto Mountain View Palo Alto Cupertino Saratoga Sunnyvale Other Protected Lands Land Trust Other Public Agency Watershed Land (SFPUC) Phleger Estate (GGNRA) Project Location ^* ^* ATTACHMENT 2 ÄÆ84 ÄÆ84 ÄÆ84 ÄÆ35 ÄÆ1 ÄÆ92 ÄÆ35 ÄÆ35 Half Moon Bay Redwood City San Carlos Belmont Menlo Park Midpeninsula Regional Open Space District (Midpen) 9/9/2020 Highway 35 Crossing and Parking Lot/Multimodal Access Study Pa t h : G : \ P r o j e c t s \ P u r i s i m a _ C r e e k _ R e d w o o d s \ S F P U C H w y 3 5 C r o s s i n g \ P r o j e c t _ L o c a t i o n _ M a p _ 2 0 2 0 0 9 0 9 . m x d Cr e a t e d B y : a p e t h 0 21 MilesI MROSD Preserves Private Property While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features. Other Protected Lands Bay-to-the-Sea Conceptual Trail Cowell-Purisima Trail & Coastal Trail Existing Bay Area Ridge Trail Existing Purisima-to-Sea Trail Proposed Bay Area Ridge Trail < < < < < < < < < )_ PURISIMA CREEK REDWOODS OSP MIRAMONTES RIDGE OSP EL CORTE DE MADERA CREEK OSP TEAGUE HILL OSP PULGAS RIDGE OSP TUNITAS CREEK OSP LA HONDA CREEK OSP SFPUC Watershed Lands Project Location P u r i s i m a -t o -t h e -S e a T r ail B a y -t o -S ea Tra i l Purisima-to-the-Sea Conceptual Trail B a y A r e a R idge T r a il ATTACHMENT 3 October 12, 2020 Dear Midpeninsula Regional Open Space District, Wildfire Resiliency is a challenge to which the entire community must respond. The Woodside Fire Protection District's and the Town of Portola Valley's shared goal is to bring the community together by educating, facilitating communication, conducting code enforcement, and assisting in the implementation of mitigations to improve wildfire resiliency. The Midpeninsula Regional Open Space District is a stakeholder in the community. Prevention must be proactive, and we are thankful MROSD is pivoting some of its energy into creating an internal wildfire resiliency plan for its lands. However, the Town of Portola Valley, its residents, and the WFPD recognize that such long-range planning must be accompanied by regular, annual basic hazardous fuel maintenance efforts within its preserves. It is our collective sense that the lack of such maintenance is being held up, in part, by MROSD's insistence that the wildfire resiliency plan and its accompanying EIR work be completed first. Maintenance of fuels is exempt from CEQA. Acting on this issue will help decrease the rate of spread and intensity of a fire if an ignition occurs and gives our emergency crews a fighting chance to stop the fire before it gets into Portola Valley. Dead and dying vegetation along trails, roads, and perimeters, has accumulated over many years into an overwhelming amount of hazardous fuel in the preserves and lands owned and operated by MROSD in Portola Valley. This accumulation can only intensify and increase the rate of spread of any ignited wildfire. The community of Portola Valley is making valiant efforts to harden their homes and property. The town has been engaged in roadside vegetation fuel reduction for many years, and has over the last two years greatly increased these efforts, and is currently preparing to strengthen its building codes and local ordinances to battle the challenges of the new normal for California's wildfires. The WFPD is initiating new fuel reduction and shaded fuel break projects every month and our neighborhood chipping program is larger than ever. MROSD has been entrusted with the stewardship of its preserves, and by not performing these basic maintenance efforts, jeopardizes this land as well as the neighboring residential communities in which it collects its revenues. Quantity of land has taken priority over the quality of care for much too long. Instead of incorporating basic best practices and fire prevention orientated protocols such as removing canopies of downed trees, fallen limbs or removing dead vegetation near roads and structures, it appears that MROSD has simply pushed this material to the side or watched it fill in and amass to something we consider extremely hazardous. The WFPD has the duty to enforce the adopted fire code and to remedy any fire hazards in which public or firefighter safety is an issue. The last few years have been a sad awakening to all Californians of the immense vulnerability to wildfire in our communities. The consequent liabilities seem immense as we continue to see structures and lives lost each year from massive conflagrations. MROSD has received written notification from WFPD and Cal Fire as well as from the Town of Portola Valley Conservation Committee regarding lack of maintenance in Windy Hill. It is our perception that MROSD has not heeded these requests in a timely manner, and appears (as described above) to be conflating such efforts with its wildfire resiliency plan. In the meantime, the community continues to voice criticisms and complaints. We felt it necessary to write this letter jointly as previous attempts to highlight these risks have not been followed up with concrete action. Additionally, we share the concerns raised by residents of the Sequoias assisted living facility over the dense vegetation that envelops Windy Hill, which is closely adjacent to them. The Sequoias is a fragile and high priority facility within our community. Instead of debating time and time again why MROSD cannot do the hazardous fuel maintenance and code -required defensible and perimeter space fuels mitigation, the Town of Portola Valley, the community, and WFPD requests that MROSD provide us with a plan to begin such annual maintenance as soon as possible. Now is the time to be proactive and engage in regular, necessary fuel maintenance mitigation work, and any further delay by MROSD will only increase the intensity and rate of spread of any fire ignited within the preserve and will spread the fire to the private and public lands within Portola Valley. The areas of concern, based on our observations and from conversations with many community residents, are the Windy Hill trail head at the Sequoias; maintenance on Windy Hill perimeter property lines adjacent to Alpine Rd and PV Ranch; Betsy Crowder trail maintenance including the reduction of coyote brush and scotch broom; the limbing up of trees and removal of sprouted nonnative vegetation near Willowbrook and Alpine; maintenance work along the access road behind the Sequoias all the way to Alpine Rd. We all know the fire -prone traits that eucalyptus possess, and removal of such trees usually provides a substantial benefit in ember control and radiant heat intensity. We hope this letter will help MROSD initiate these maintenance mitigation measures and become compliant with the regulations for defensible space and perimeter clearing. Sincerely, Don Bullard Fire Marshal Woodside Fire Protection District Jeremy Dennis Town Manager Town of Portola Valley cc: MROSD, Board of Directors MROSD, General Manager PV Conservation Committee PV Emergency Preparedness Committee PV Wildfire Preparedness Committee PV Town Council Sequoias Director October 28, 2020 To: Woodside Fire Protection District and Town of Portola Valley Re : Vegetation Management at Windy Hill Open Space Preserve (Windy Hill) Dear Fire Marshal Bullard and Town Manager Dennis, Midpeninsula Regional Open Space District (Midpen) is in receipt of the joint letter by your two entities dated October 12, 2020, that raises concerns for which Midpen would like to take the time through this response to ensure that the Woodside Fire Protection District (WFPD) and Town of Portola Valley (Town) are well informed regarding Midpen’s vegetation and fuel management programs. Through this letter, we also offer opportunities for our organizations to work more closely together on these activities. Working with fire agencies and surrounding communities to strengthen the prevention of, preparation for, and response to wildland fires for enhanced ecosystem resiliency and public safety is one of Midpen’s strategic plan objectives. Protection and restoration of the natural environment is a central principle to the mission of Midpen. Through sound science, interagency coordination and cooperation, engaging with neighbors and adjacent communities, and assessing needs and priorities, Midpen implements its mission to steward the land in its care on behalf of the public. Midpen has a strong history of ecologically-sensitive vegetation management activities that meet the fuel maintenance objectives requested by both WFPD and the Town: •Annually mowing the meadow north of the Sequoias along Portola Road (usually in May of each year after the grass has cured). •Clearing 100 feet around the northern and eastern boundary of the Sequoias buildings (per Fire Marshall Don Bullard), while also maintaining a buffer to Sausal Pond •Mowing and masticating along Spring Ridge Trail (south of the Sequoias buildings) to the junction with the Sequoias Trail (20-30 feet on each side of the trail). •Extending work completed by the Sequoias on their southern boundary by mowing grassland south of the boundary to the Sequoias Trail. •Roadside brushing (10 feet on either side) along over 2.5 miles of the Spring Ridge Trail all the way to Skyline Boulevard. •Installing and maintaining a series of three disc lines that intersect the Spring Ridge Trail (these are planned to be converted to a non-shaded fuel break per the WFPD in future years). •Maintaining a disc line along Highway 35 in grasslands. •Maintaining the Old Ranch Road/Lauriston Road by repairing landslides and clearing 10 feet on either side of the road to provide access for emergency vehicles. •Clearing a firebreak and staging areas at the Hawthorns property, mowing along access roads (20 feet on either side), removing dead trees, installing disc lines around 1/3 of the perimeter, maintaining defensible space around structures, and internal mowing to remove invasive, non-native yellow star thistle. DRAFT RESPONSE FOR BOARD CONSIDERATION 2 •Roadside brushing (15 feet on either side) of the access road from Alpine Road at Willowbrook Drive to the Spring Ridge Trail. •Closing preserves during recent red flag events. In addition to the ongoing fuel and vegetation treatment work that is completed each year, Midpen is finalizing a comprehensive Wildland Fire Resiliency Program (Fire Program) that covers nearly 60,000 acres of Midpen- managed lands to equitably prioritize and distribute fire and fuel treatments across its 26 open space preserves. I am happy to report that work on our comprehensive Fire Program has not delayed any of Midpen’s annual vegetation management work. To the contrary, the work done in Windy Hill Preserve as detailed above has increased in the last two years. Through the new Fire Program, Midpen is pursuing a science-based effort that incorporates input from a vast number of stakeholders to identify and prioritize site specific treatments across all Midpen lands. It is important to note that Midpen’s jurisdiction is quite vast, with lands located within three counties, many multiple fire districts and agencies (including WFPD, Santa Clara County Fire Department, Los Altos Hills County Fire District, CALFire, Palo Alto Fire Department, Menlo Park Fire Protection District), two fire safe councils, and countless communities, towns, cities, and neighborhood associations (including 17 cities). As you can surmise, with this number of stakeholders interested in Midpen’s fuel management activities, Midpen must work closely with all stakeholders to prioritize its limited funding, staffing, and contracting resources. This has been the approach taken in preparing the Fire Program’s draft Vegetation Management Plans for each preserve, including the plan for Windy Hill (see Chapter 4 Vegetation Management Plan). As you may recall, the prioritization criteria used in this analysis to set the framework for ongoing discussions was provided to WFPD for review during development of the Fire Program. Application of these science-based and publicly vetted criteria resulted in the priority treatments that are now shown within the draft Vegetation Management Map for Windy Hill (Attachment 1) and Treatment Prioritization Map for Windy Hill (Attachment 2). For priorities not reflected in the draft Vegetation Management Plans, the Fire Program describes an annual process by which communities, fire agencies, and other key stakeholders can propose additional work. As such, we will continue to depend on all stakeholders coming together annually to review the Vegetation Management Plans in light of existing, changing conditions to further prioritize the highest needs and risk areas across Midpen lands. We urge you to be active and engaged participants in these ongoing and future stakeholder discussions – the next meeting of which is being scheduled in Spring 2021 to develop the vegetation treatment workplan for 2021/22. The best outcomes can only be achieved when all the key people come together, evaluating the various levels of risks and need areas to determine those that annually rise to the highest priorities. Recognizing that Midpen has a finite level of annual resources to pursue vegetation treatments, we will also be seeking grant funding opportunities and partnerships to accomplish more of this work. We hope that both the WFPD and Town are willing partners in accomplishing this work and see opportunities ahead to leverage our combined staffing and funding resources. And at the same time, we also know that this work requires everyone’s participation, particularly for lands in the wildland-urban interface. Just as it is critical for Midpen to protect its natural resources from catastrophic fire damage, private property owners also play a significant role in protecting their private properties from fires through structures hardening and defensible space clearance. Local jurisdictions, like the Town and WFPD, are also key in preventing, preparing, and responding to potential fires by ensuring proper roadside clearance, designating and maintaining evacuation routes, and ensuring proper levels of suppression capacity. We are all in this together. A recent and excellent example of a Midpen-community partnership is a current project underway that was initiated by the Sequoias. They reached out to Midpen expressing interest in removing eucalyptus trees in proximity to their private property. A portion of the trees are situated within a priority area for fuel treatment under the draft Fire Program. Midpen had already done an initial evaluation of the environmental impacts of this tree removal and is scheduled to complete this work in November of 2020. Additional eucalyptus removal that lies outside the Fire Program’s priority fuel treatment area are currently being reviewed and when feasible will also be removed with the assistance of a generous private donation (certain details are being addressed, including neighbor permission to access the trees). We are thankful for the opportunity to partner with local community residents to accomplish more of this work and meet mutual goals. As you know, Midpen as a public agency must DRAFT RESPONSE FOR BOARD CONSIDERATION 3 remain mindful of how public tax dollars are utilized. We are careful to spend tax dollar funds on high priority projects that further Midpen’s mission for protecting the natural resources; and much of this work also has the secondary benefit of improving fire protection and response for local communities. We do, however, rely on partnerships and outside funds when the primary benefit for the work is to protect private property. Midpen is appreciative of the recent Town and WFPD effort to “ban the flammable five”, and encourages the Town to request all property owners to remove these trees when in proximity to structures, as well as to provide grant opportunities for both private and public entities to do so. To further the goals of fire protection, Midpen also looks to the Town to regulate new construction, requiring new structures or additions to be sufficiently set back from property lines to allow private property owners to complete their defensible space requirements within their own parcel. Nonetheless, Midpen continues to provide its long standing Defensible Space Permit Program, allowing neighbors to enter Midpen lands to complete up to 100 feet of defensible space clearance from their private occupied structure, and encourages the Town and WFPD to disseminate knowledge of our permit program to Town residents. The draft Environmental Impact Report (EIR) for the Fire Program is scheduled to be released in January 2021 with EIR certification and adoption of the program in May/June. For the upcoming Spring 2021 interagency fire meeting to prioritize Midpen’s fuel treatment work, we encourage the Town Wildfire Preparedness Committee to work with WFPD to bring forth your key priorities so that these can be evaluated amongst other regional priorities. We look forward in continuing to work with both the WFPD and the Town as we all move forward together to pursue this important work. As a reminder, our Skyline Area Manager Craig Beckman is normally your primary contact for vegetation management work. However, if you have concerns that remain unresolved, please contact General Manager Ana Ruiz. We understand that specific concerns raised in your letter had not been directly communicated to Ms. Ruiz and ask that you please also reach out to her as needed. We truly look forward to future partnerships and discussions as it is clear, with a changing climate and longer fire season, we all must elevate our fire prevention, preparedness, and response actions. Finally, I would like to leave you with a note of pride for our staff who actively worked to hold the recent CZU Fire from travelling further east and into the Towns of Portola Valley and Woodside. We are very appreciative that CALFire Division Chief Rich Sampson recently commended Midpen Rangers and Maintenance staff for successfully holding the northeastern fire line along the Old Haul Road near Pescadero Creek. Midpen is fully aware of its role as a regional partner in preventing, and in recent experience responding to, wildfires. Their courageous work protected countless homes and properties, as well as the vast acreage of critical sensitive habitat that we steward on behalf of the public. Sincerely, Karen Holman Board President cc: Midpen Board of Directors Ana Ruiz, General Manager Town Conservation Committee Town Emergency Preparedness Committee Town Wildfire Preparedness Committee Town Council Sequoias Director Attachment 1: Existing and Potential Treatments Windy Hill (from Fire Program) Attachment 2: Treatment Priorities Windy Hill (from Fire Program) Also refer to the complete Draft Vegetation Management Plan at: https://www.openspace.org/sites/default/files/Ch_4_VegetationManagementPlanrev.pdf DRAFT RESPONSE FOR BOARD CONSIDERATION Lost Trai l Spring Ridge Trail Hamms G u l c h T r a i l Raz o r b a c k R i d g e T r a i l Alpin e R d Portola R d 35 Windy Hill 0 0.25 0.5 Miles Date Printed: 6/12/2020 Page 10 Existing and Potential Treatments Note: Sensitive resources such as Cultural Sites and T&E Species may be present, but are not mapped at this scale. Existing Treatments Defensible Space 30-foot Defensible Space 100-foot Fuelbreak 200- foot Non-Shaded Fuelbreak Shaded Fuelbreak Discline Potential FuelsTreatments Fuelbreak 200- foot Fuelbreak 300- foot Eucalyptus and Acacia Removal Non-Shaded Fuelbreak Shaded Fuelbreak Potential FRAs for Ecosystem Resiliency Wildland Type 3 Ingress/Egress * See Table of Contents page for additional symbology. ** Fuel break widths are maximums. Fuelbreaks may be constructed at any width up to the maximum width. Critical Infrastructure Primary Evacuation Route Secondary Evacuation Route Structure Type 1 (Tender) Road or Trail Fire Station Water Tank Target Hazards Assisted Living Facility School/Day Care FireManagementLogistics Helispot OSP & ManagedProperties Boundary Coal Creek La Honda Creek Russian Ridge Windy Hill Attachment 2 Lost Trai l Spring Ridge Trail Hamms G u l c h T r a i l Raz o r b a c k R i d g e T r a i l Alpin e R d Portola R d 35 Windy Hill 0 0.25 0.5 Miles Date Printed: 6/7/2020 Page 10 Treatment Priorities Note: Sensitive resources such as Cultural Sites and T&E Species may be present, but are not mapped at this scale. TreatmentPriority Areas Tier 1 Tier 2 * See Table of Contents page for additional symbology. ** Fuel break widths are maximums. Fuelbreaks may be constructed at any width up to the maximum width. Critical Infrastructure Primary Evacuation Route Secondary Evacuation Route Structure Type 1 (Tender) Maintained forVehicle Class Wildland Type 3 Ingress/Egress Road or Trail Fire Station Water Tank Target Hazards Assisted Living Facility School/Day Care FireManagementLogistics Helispot OSP & ManagedProperties Boundary Coal Creek La Honda Creek Russian Ridge Windy Hill Attachment 2 DATE: October 28, 2020 MEMO TO: Board of Directors THROUGH: Ana Ruiz, General Manager FROM: Korrine Skinner, Public Affairs Manager SUBJECT: Ombudspersons Summary Report for Fiscal Year 2019-20 Activities _____________________________________________________________________________ SUMMARY Per the Midpeninsula Regional Open Space District (District) Ombudsperson Program procedures, this report summarizes ombudsperson contacts received between July 1, 2019 and June 30, 2020 (FY20). The three Board-appointed volunteer ombudspersons were notified of six inquiries received through the ombudsperson website contact form in FY20. Five inquiries were successfully resolved by staff without assistance from an ombudsperson. One inquiry was not resolved at the staff level and was elevated to ombudsperson involvement. DISCUSSION The District established a volunteer ombudsperson program to facilitate interactions between citizens and the District as required by the Local Agency Formation Commission (LAFCo) during the 2004 annexation of coastal San Mateo County. Under the program, the role of the ombudsperson is to listen to resident concerns; open avenues of communication between residents and neighbors and the District; gather information and educate residents on District policies or procedures and their purpose or effect; facilitate conflict resolution; find other resources to meet resident needs, if applicable; and provide a written summary of citizen concerns as requested by the Board of Directors. Members of the public may request contact with an ombudsperson via a form on the District website, after first attempting to resolve their concerns with staff. On January 11, 2017, the Board expanded the Ombudsperson Program by appointing a pool of three qualified volunteers to serve as ombudspersons: Lisa Zadek of Half Moon Bay, Kristen Yawitz of Belmont, and Bob Rosenberg of San Jose. Per the ombudsperson program procedures, the appointed ombudspersons provide an annual summary of activities, including whether they are willing to continue service. This report summarizes the activities of the appointed ombudspersons for FY20 (Attachment 1), all of whom have indicated a willingness to continue their service in FY21. For this period, six inquiries were forwarded to the three ombudspersons per District ombudsperson program procedures. None of the six inquiries had first been brought to the attention of staff, so all were referred first to appropriate staff for initial investigation. Five of the inquiries were resolved satisfactorily by staff without the need for further discussion with an ombudsperson. Staff was unable to resolve the remaining inquiry, which was forwarded to ombudsperson Bob Rosenberg for assistance. As previously reported to the Board, Mr. Rosenberg was also unable to help the District resolve the one inquiry. NEXT STEPS In following the ombudsperson program procedures, District staff observed opportunities for improvements and efficiencies to the program. Those recommendations will be brought before the Board as part of the Good Neighbor Policy update, the start of which was delayed by COVID-19 response and is now currently on schedule to come before the Legislative, Funding and Public Affairs Committee in May 2021. Attachment 1. Ombudspersons Report FY20 DATE: 10/05/2020 MEMO TO: Board of Directors THROUGH: Ana Ruiz, Acting General Manager FROM: Bob Rosenberg, Kristen Yawitz and Lisa Zadek, Appointed Ombudspersons SUBJECT: Fiscal Year 2019-20 Ombudsperson Annual Report _____________________________________________________________________________ As appointed ombudspersons for the Midpeninsula Regional Open Space District (District), we submit this annual report of program activities for the time period of fiscal year 2020, which runs July 1, 2019 through June 30, 2020. Over that period, we received six email inquiries: five were resolved through staff dialogue; one was not resolved by staff discussion and warranted ombudsperson assistance. All of the requests were received through the email contact link on the District’s website. In fielding the inquiries, District staff observed a tendency for constituents to send the same inquiry to staff, board and ombudsperson contacts at the same time. To clarify the ombudsperson process, which begins with a staff attempt to resolve the concern, the website contact page was edited to better explain the process. Summary of ombudsperson assistance between July 1, 2019 through June 30, 2020 Name Concern Action Status Craig Dremann, submitted December 15, 2019 Mr. Dremann would like the District to formally adopt his suggestions for grassland management, including entering into a contract with him to deploy what he describes as proprietary vegetation management techniques on District land. Staff have offered Mr. Dremann the opportunity to implement a pilot project on District lands, or apply for a research grant, to demonstrate and further study the efficacy of his proposed activities. Mr. Dremann has submitted several similar comments regarding the same issue, and staff and the board have responded to his questions. Ombudsperson Rosenberg asked Mr. Dremann on several times to express what would satisfy him in a thorough and final statement. Unfortunately, Mr. Dremann's repeated submissions consistently contained new and/or different requests. Unresolved, after ombudsperson assistance. The board was advised of inability to reach a final resolution. ATTACHMENT 1- OMBUDSPERSONS REPORT FY20 Additional inquiries received that did not require ombudsperson assistance due to resolution by staff: 2. Jerry Molitor submitted a message through the ombudsperson contact form on March 24, 2020 to express concern over crowding at Purisima Creek Open Space Preserve, which led to cars parking in nearby residential areas. Assistant General Manager Brian Malone resolved this concern by reaching out to Mr. Molitor and sharing the Districts efforts to work with local partners to mitigate the parking issues and to educate the public about not crowding the preserves and nearby neighborhoods. In addition, with authorization from San Mateo County, the District installed temporary no parking signs while the County Board of Supervisors considers the District’s request to designate additional no parking zones permanently. 3. Dave Greenfield submitted a message through the ombudsperson contact form on April 13, 2020. He expressed frustration over the temporary closure of District preserves to bikes, and requested some areas be reopened to cyclists. Assistant General Manager Brian Malone was able to resolve his concern by explaining that we were experiencing a higher than typical number of injuries to bicyclists and that we needed to limit the draw on emergency response resources, which were already overtaxed due to COVID-19. The temporary restrictions were lifted two weeks later in early May. 4. Michael Acosta submitted a message through the ombudsperson contact form on April 17, 2020. He expressed disappointment over the temporary closure of District preserves to bicycles and concern that the measure would be permanent. Assistant General Manager Brian Malone resolved the concern by elaborating on the District’s reasoning behind the closure and reassuring Mr. Acosta that the restriction was temporary. As indicated above, the temporary closures were lifted in early May. 5. Adam Sewell submitted a message through the ombudsperson contact form on April 20, 2020. He expressed disappointment over the temporary closure of District preserves to horses, requested equestrians be allowed to ride again and suggested that the temporary closure to bicycles be made permanent. Assistant General Manager Brian Malone resolved his concern by explaining the concern over public safety behind the temporary closure and reiterated our appreciation of equestrian visitors to the preserves. Similar to the temporary bike closures, these equestrian trail closures were lifted in early May. 6. On May 7, 2020, Stephen Brickley submitted messages through the ombudsperson contact form, the board contact form and the general info contact form simultaneously. He requested documentation of a dog attack that occurred at Thornewood Open Space Preserve on April 21, 2020, because he had not yet received the official report from the San Mateo Sheriff’s office. Skyline Area Superintendent Chris Barresi sent Mr. Brickley the report and Chief Ranger Matthew Anderson also reached out and confirmed no additional assistance was needed. Finally, we would like to report to the Board that each of us is willing to serve as volunteer ombudspersons for fiscal year 2020-21. Respectfully submitted, Bob Rosenberg Ombudsperson, Midpeninsula Regional Open Space District Kristen Yawitz Ombudsperson, Midpeninsula Regional Open Space District Lisa Zadek Ombudsperson, Midpeninsula Regional Open Space District