Loading...
HomeMy Public PortalAbout20220223 - Agenda Packet - Board of Directors (BOD) - 22-06 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Wednesday, February 23, 2022 Special meeting starts at 5:00 PM* Special meeting starts at 5:45 PM* Regular meeting starts at 7:00 PM* A G E N D A Consistent with Government Code section 54953(e) and Midpeninsula Regional Open Space District Resolution 21-33, and in light of the declared state of emergency, the meeting will not be physically open to the public and all members will be teleconferencing into the meeting via a virtual platform. To maximize public safety while still maintaining transparency and public access, members of the public can listen to the meeting and participate using the following methods. THIS MEETING WILL BE VIA TELECONFERENCE ONLY 1. The meeting can be viewed in real-time at: https://openspace.zoom.us/j/83620231428 or listen to the meeting by dialing (669) 900-6833 or (346) 248-7799 (836 2023 1428). 2. Members of the public may provide written or oral 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. • All written comments or requests to speak must be submitted via the public comment form. Requests to provide oral comments may be made by leaving a message at 650-772-3614 at least one hour prior to the start of the meeting. Comments via text or social media (Facebook, Twitter, etc.) will not be accepted. Any comments received after the deadline, will be provided to the Board after the meeting. 5:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION ROLL CALL 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8)  Property:  1000 Verde Road, Half Moon Bay, CA 94019-2534  Agency Negotiator: Michael Williams, Real Property Manager   Meeting 22-06 Rev. 1/3/20 Negotiating Party: Ben Wright, Director of Land Acquisition, Peninsula Open Space Trust  Under Negotiation: Terms and Conditions   5:45 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – STUDY SESSION ROLL CALL 1. Review of the Housing Program and Policies (R-22-26) Staff Contact: Brian Malone, Assistant General Manager General Manager’s Recommendation: Receive a report on the Midpeninsula Regional Open Space District Housing Program and related Policies. No Board action required. 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 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. SPECIAL ORDERS OF THE DAY • Introduction of staff O Nisha Ting, Human Resources Management Analyst II ADOPTION OF AGENDA CONSENT CALENDAR All items on the Consent Calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. 1. Approve the February 9, 2022 Board meeting minutes 2. Claims Report 3. Mindego Hill Grazing Lease Amendment Adding 98 Acres of Grazing Land and Extending the Term of the Lease for Five Years (R-22-28) Staff Contact: Susan Weidemann, Property Management Specialist II, Land & Facilities, Property Management General Manager’s Recommendation: Adopt a Resolution authorizing the General Manager to execute a second amendment to the Mindego Hill grazing lease to add 98 acres of grazing land and exercise the option to extend the lease with Bar DX Livestock for five years. 4. Formation of a Lehigh Quarry Review Ad Hoc Committee (R-22-27) Staff Contact: Aaron Hébert, Senior Resource Management Specialist General Manager’s Recommendation: Approve the formation of a Lehigh Quarry Review Ad Hoc Committee of the Board and authorize the Board President to work with the General Manager to Rev. 1/3/20 determine the best timing for forming the committee pursuant to Board Policy 1.04, Board Committees. Consistent with other recent Ad Hoc Committees of the Board of Directors, these meetings would be compensable. This action would expedite formation of the Ad Hoc Committee once the right timing is identified based on the Santa Clara County Board of Supervisors’ referral to County staff on the exploration of the feasibility of the County’s purchase of the quarry and cement plant site. 5. Grant Award to the University of California for Forest Health and Resiliency Services (R- 22-25) Staff Contact: Coty Sifuentes-Winter, Senior Resource Management Specialist, Natural Resources General Manager’s Recommendation: Authorize the General Manager to award a $173,000 grant that spans over 5 years to the University of California, Berkeley to coordinate annual Sudden Oak Death Blitz events and provide forest health and resiliency peer-review services. BOARD BUSINESS Public comment on agenda items at the time each item is considered by the Board of Directors. 6. Disposition of the Quam House and Accessory Structures (R-22-24) Staff Contact: Omar Smith III, Senior Property Management Specialist, Land and Facilities General Manager’s Recommendation: Retain the Quam residential structure for rental use and complete driveway repairs and culvert replacements, as specified by Waterways Consulting Inc., and minor structure repairs and cleanup at a total cost of no more than $350,000. However, if refined costs or bids come in above this cost, authorize the General Manager to demolish the Quam residence and accessory structures and perform site remediation for an estimated cost of $400,000. 7. Disposition of the Smith House and Smith Barn (R-22-23) Staff Contact: Ivana Yeung, Capital Projects Manager II, Engineering and Construction General Manager’s Recommendation: Approve the demolition of the Smith House and Barn at a cost of approximately $250,000 and the associated Comprehensive Use and Management Plan Amendment that reflects this decision due to the deteriorated condition of the buildings and other factors as detailed in the staff report. INFORMATIONAL MEMORANDA • Review Use of Contingency Funds – FY21 • Rancho San Antonio Multimodal Access Implementation Update INFORMATIONAL REPORTS – Reports on compensable meetings attended. Brief reports or announcements concerning activities of District Directors and staff; opportunity to refer public or Board questions to staff for information; request staff to report to the Board on a matter at a future meeting; or direct staff to place a matter on a future agenda. Items in this category are for discussion and direction to staff only. No final policy action will be taken by the Board. A. Committee Reports B. Staff Reports C. Director Reports ADJOURNMENT Rev. 1/3/20 *Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the District Clerk at (650) 691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting, will be available for public inspection at the District’s Administrative Office located at 330 Distel Circle, Los Altos, California 94022. CERTIFICATION OF POSTING OF AGENDA I, Jennifer Woodworth, District Clerk for the Midpeninsula Regional Open Space District (MROSD), declare that the foregoing agenda for the special and regular meetings of the MROSD Board of Directors was posted and available for review on February 17, 2022, 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, CPMC District Clerk Rev. 3/15/21 R-22-26 Meeting 22-06 February 23, 2022 SPECIAL MEETING AGENDA ITEM 1 AGENDA ITEM Review of the Housing Program and Policies GENERAL MANAGER’S RECOMMENDATION Receive a report on the Midpeninsula Regional Open Space District Housing Program and related Policies. No Board action required. SUMMARY As part of the acquisition of open space lands to expand the greenbelt, the Midpeninsula Regional Open Space District (District) will periodically inherit residential and accessory housing structures. These residences get folded into the District’s housing program and serve an important role in supporting the mission by providing onsite employee residences to expedite emergency call outs and provide District presence (eyes and ears) on the land throughout the day and night. The housing program also enhances District employee recruitment and retention, supports agricultural workforce housing needs, and is a source of annual revenue. The purpose of this review is to provide the Board of Directors (Board) with a broad context to inform future structure disposition decisions. This informational presentation also responds to Board inquiries about the housing program. At this time, staff is conducting a review of the administrative procedural policy for the Housing Program and preparing to incorporate updates under the General Manager’s authority that have been reviewed and supported by the District’s Controller and Chief Financial Officer to reflect changes in the rental market. BACKGROUND In 2017, the Board amended Board Policy 4.11, Housing Policy, and related policies regarding District structures and improvements. These changes reflect new and emerging District housing needs for effectively carrying out the mission, namely the need to shift more of the housing stock to support District employees and to reflect that several residences are assigned to meet agricultural housing needs. Since that time, the number of residences occupied by employees has grown. The Housing Policy has five possible residential assignments in the following order of priority: • Employees who provide services • Agriculture use • Employees who do not provide services • Employees of agency or nonprofit partners • General Public R-22-26 Page 2 The Housing Policy prioritizes residences first for employees who provide services to the District and are needed for emergency or urgent calls outs for patrol response, such as search and rescue, medical calls and fire, as well as for urgent maintenance needs, such as a broken water line. These residences also provide a critical site presence at key locations throughout the District. Employees who provide this service as part of their tenancy receive a 50% discount off of market rates. If needed to support onsite agricultural uses, the Housing Policy prioritizes use by agricultural tenants or workers. Residences such as the Lobitos farmhouse and Toto Ranch house are rented to the agricultural lessee to allow them to live on the property they lease for agricultural use. These residences are rented at market rates. However, since they are surrounded by an agricultural operation, their market value tends to be lower than a comparable house not surrounded by an agricultural operation. Agricultural work force housing is an assignment to house the employees of an agricultural lessee. A house in La Honda Creek Open Space Preserve is currently the only designated District agricultural workforce housing. The rent to the agricultural employee is restricted to no more than 30% of the household salary. The 2017 amendments to the Housing Policy also created a new category of general employee residences for the purpose of employee recruitment and retention. These employees are not responsible for specific services as part of their tenancy and receive a reduced 25% discount off market rates. An additional category was created to prioritize the remaining housing stock for allied agency or nonprofit employees at market rate. Various residences have been rented to California Department of Fish and Wildlife (CDFW) employees, including the Folger House that is currently rented to a CDFW Warden. The remaining housing stock is available to the general public at market rate, providing general housing opportunities and revenue to the District. There are two additional categories of residences that are not covered by the Housing Policy that apply in special circumstances. One is determinable fee/life estate. These are typically created before or at the time a larger open space property is purchased, where long term rights are transferred or retained by a private party as part of the land transaction. Typically, the District has no maintenance responsibilities for these properties. The second category are residential management agreements with outside parties/partners to reside within and maintain certain historic structures (e.g., Fremont Older house and adobe and Picchetti Ranch historic house). Structures with historic significance may also be assigned to other rental categories. DISCUSSION Housing Assignments Board policy 4.09, Factors to consider for Structures Disposition, lists several factors to consider when making a disposition decision for a structure. One of those factors is “Proposed and Potential Uses”. This report provides the context for existing uses of District residential structures to help evaluate future disposition decisions for these types of structures. The District’s housing program contains 43 residential units. Most are single-family homes, and some are apartments or split duplexes. While residences are spread throughout the District, they are concentrated in the Skyline Area. There are currently three ongoing projects to rehabilitate existing housing. One project is to legalize and repair a residence for ranger use located at the end of Pheasant Road at Sierra Azul Open Space Preserve. Very little District housing exists in R-22-26 Page 3 the southernmost reaches and this residence would serve as the only designated ranger housing within this area. The second project involves repairs to a designated agricultural workforce residence located at La Honda Creek Open Space Preserve that is part an existing conservation grazing lease; only final punch-list items remain to closeout this repair project. Finally, the third project involves short-term repairs to the Thornewood House in Thornewood Open Space Preserve to allow for re-occupation. As part of this project, staff is also evaluating future long- term repairs that will be needed to continue maintaining the structure. These three structures are included in table 1. Since Board approval of the 2017 Housing Policy amendments, two additional residences have been acquired or secured: the Gordon Ridge residence and a Cloverdale residence through a management agreement with Peninsula Open Space Trust. The addition of these two structures has increased the housing stock from 42 in 2017 to 44 in 2022 (see table below). Table 1. Change in housing stock assignments between 2017 and 2022 Housing Category^ 2017 2022 Employees who provide services 16 21 Agricultural* 3 3 General Employees 0 2 Other Agency 1 1 General Public 15 10 Historic 3 3 Determinable Fee/Life Estate 4 4 Total 42 44 ^ Does not include the Hawthorn historic house and complex, which remains uninhabitable. * Includes the Lobitos Farmhouse, which also has historic significance. Consistent with Board policy, as residences rented to the general public have become available since 2017, the District first evaluates whether they are needed for an employee residence or agricultural residence. If not, they are offered to a general District employee. Finally, if there is no District employee or allied agency employee interest, the residence is offered for public rental use. As anticipated, this has been sufficient to gradually shift District residences from general public rentals to employee rentals. While public rentals are month to month rental agreements, the District has generally elected to continue renting to the public until they decide to move out, at which time the District reassesses the housing assignment. Policy Review In 2018, the General Manager adopted the administrative Housing Program procedural policy to implement the Board’s Housing Policy. As part of the 2021 review of the administrative procedural policy, Property Management staff from the Land and Facilities Department identified the following recommended changes: (1) increasing the administrative policy cap for non-employee rentals from 5% to 10%, (2) utilizing the housing Cost of Living Adjustment (COLA) to set annual market rates and scheduling a more detailed consultant analysis of local market rates every 5 to 7 years, and (3) clarifying the occupancy time limits for employees. These proposed changes are consistent with the Board’s Housing Policy and continue to base District rental rates off of market rental rates. The Housing Program currently sets a 5% limit on R-22-26 Page 4 annual rent changes. After five years of implementation, it is apparent that this limit conflicts with Board direction to charge rental rates based on market rates. While most District rental rates currently reflect market rates with appropriate discounts applied per policy, there are notable exceptions due the limitations of the annual 5% cap. These differences are due to residences that were already in the system at below market rate and some delays in implementing rental rate changes due to a cumbersome market rate evaluation process that currently requires hiring a consultant ever year to conduct reviews. A comparison of the U.S. Bureau of Labor Statistics San Francisco-Oakland-Hayward Consumer price Index (CPI) for residence rentals with consultant recommended market rate changes reveals that the consultant recommendations closely track the index. Increasing the cap for non-employee rentals to 10% a year will ensure that undervalued rental rates catch up to market rates. Rental increases for employee housing are recommended to remain capped at 5%. Unlike public rentals, employee rentals are subject to an occupancy time limit of seven years. When a new employee moves into a residence, the rental rate is reset to market with the appropriate discount rate applied. There is an exception to the occupancy limit if no other employees are interested in the residence that allows the employee to begin a new occupancy period. One of the proposed changes to the administrative procedural policy would clarify that the rental rate would be reset to market rates when an employee begins a new occupancy period. Finally, the proposed changes would also streamline the timely annually evaluation of market rates by basing them on the U.S. Bureau of Labor Statistics San Francisco- Oakland-Hayward Consumer price Index (CPI) for residence rentals. A detailed consultant evaluation of local representative rental residences would be conducted every five years as a check to confirm market rates. These proposed administrative procedural changes were reviewed and supported by the District’s Controller and Chief Financial Officer to ensure they effectively reflect changes in the rental market. District staff will next be meeting with represented labor groups to receive their input on the proposed changes. The General Manager expects to approve the changes in late March/early April of 2022. FISCAL IMPACT Accepting the report has no fiscal impact. Proposed changes to the administrative Housing program procedural policy as laid out in this report have the potential to provide an increase in rental revenue. BOARD AND COMMITTEE REVIEW There was no Board Committee review of 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. R-22-26 Page 5 NEXT STEPS Staff will update the administrative procedures for carrying out the Board’s Housing Policy per this report, which will become effective in March/April of 2022. Attachment: 1. Overview Map of the District’s Residential Properties Responsible Department Head: Ana Ruiz, General Manager Prepared by: Brian Malone, General Managers Office Graphics prepared by: Francisco Lopez Tapia, Data Analyst I != != != !=!= != != != != != != != != !=!= != != !=!= != != != != !=!= != != != != != != != != != != != != != != !=!= != != != != != != != != != Administrative Office Mora Unit B Fremont Older Residence Folger Ranch House Bergman Main House Incerpi House Sherrill Residence A-Frame House Skyline Ranch House Skyline Field Office Foothills Field Office Bergman Guest House Hawthorns Employee Residence Thornewood Historical Coastal Area Outpost Silva Property Big Dipper Ranch House Palo Alto Mountain View Los Altos Sunnyvale Santa Clara Cupertino San Jose Menlo Park Redwood City East Palo Alto Los Gatos Saratoga Campbell Pescadero San Gregorio Adobe House CLOVERDALE Bergman Old House Lobitos Ridge Residential Area Deer Hollow Farm Residence South Are Office Main Slaght House Cunha Residence Dyer Residence Hosking Barn A Residence B Residence C Residence D Residence Emerson/ Wasserman Life Estate Stevens Canyon Ranch Residential Property October Farm House Bluebrush House Bechtel House Mora Unit A INE Ranch/Rogers House Lone Madrone Mobile Home Purisima Creek (Upper) Residence Slaght House Monte Bello Cabin Fremont Older Historic House Richard Life Estate Flag Pole House Portola Height Former Bean House Rhus Ridge Residence Toto Ranch Residence Picchetti Winery Gordon Ridge Residential Premise Lobitos Ridge Ranch House Jake Guenther Life Estate Smith House Quam House Hawthorns Historical House Wilkins Life Estate Cloverdale Ranch House B E A R C R E E K R E D W O O D S E L C O R T E D E M A D E R A C R E E K F E L T O N S TAT I O N F O O T H I L L S F R E M O N T O L D E R L A H O N D A C R E E K L O N G R I D G E M I R A M O N T E S R I D G E P I C C H E T T I R A N C H P U L G A S R I D G E R AV E N S W O O D S A R AT O G A G A P S T. J O S E P H ' S H I L L S T E V E N S C R E E K S H O R E L I N E N AT U R E S T U D Y A R E A T E A G U E H I L L T H O R N E W O O D T U N I TA S C R E E K W I N D Y H I L L R A N C H O S A N A N T O N I O P U R I S I M A C R E E K R E D W O O D S E L S E R E N O C O A L C R E E K M O N T E B E L L O R U S S I A N R I D G E S K Y L I N E R I D G E S I E R R A A Z U L ÄÆ9 ÄÆ9 ÄÆ237 ÄÆ87 ÄÆ680 ÄÆ9 ÄÆ82 ÄÆ880 ÄÆ84 ÄÆ1 ÄÆ880 ÄÆ1 ÄÆ17 ÄÆ85 ÄÆ85 ÄÆ82 ÄÆ101 ÄÆ101 ÄÆ101 ÄÆ84 ÄÆ280 ÄÆ280 ÄÆ280 ÄÆ280 ÄÆ35 ÄÆ35 ÄÆ35 ÄÆ82 Midpeninsula Regional Open Space District (Midpen) 2/8/2022 District Residential Housing Pa t h : G : \ P r o j e c t s \ a _ D i s t r i c t w i d e \ H o u s i n g \ D i s t r i c t H o u s i n g _ 2 0 2 2 \ D i s t r i c t H o u s i n g _ O v e r v i e w _ 2 0 2 2 0 2 0 8 . m x d Cr e a t e d B y : f l o p e z 0 42 Miles I MROSD Preserves While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features. Area of Detail Redwood City Belmont Cupertino Saratoga Milpitas Sunnyvale ÄÆ1 ÄÆ9 ÄÆ87 ÄÆ237 ÄÆ92 ÄÆ17 ÄÆ680 ÄÆ880 ÄÆ84 ÄÆ85 ÄÆ82 ÄÆ101 ÄÆ280 ÄÆ35 Other Protected Lands Residential, Agricultural Residential, District Employee (Service Provider) Residential, General Public Historical Other Agency/ Non-Profit Employees Determinable Fee/Life Estate != != != != != != Residential, District Employee (Non-Service Provider) != Attachment 1 February 9, 2022 Board Meeting 22-04 REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Wednesday, February 9, 2022 The Board of Directors conducted this meeting in accordance with California Government Code section 54953(e) and Midpeninsula Regional Open Space District Resolution 21-33. All Board members and staff participated via teleconference. DRAFT MINUTES REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT President Kersteen-Tucker called the regular meeting of the Midpeninsula Regional Open Space District to order at 7:00 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/Director of Administrative Services Stefan Jaskulak, District Clerk/Assistant to the General Manager Jennifer Woodworth, Natural Resources Manager Kirk Lenington, Management Analyst I Sophie Christel, Resource Management Specialist II Matt Sharp Chaney, Public Affairs Manager Kori Skinner, Chief Ranger Matt Anderson, Foothills Area Superintendent Brad Pennington President Kersteen-Tucker announced this meeting is being held in accordance with Government Code section 54953(e) and Midpeninsula Regional Open Space District Resolution 21-33, allowing Board members to participate remotely. The District has done its best to conduct a meeting where everyone has an opportunity to listen to the meeting and to provide comment. The public has the opportunity to comment on the agenda, and the opportunity to listen to this meeting through the internet or via telephone. This information can be found on the meeting agenda, which was physically posted at the District’s Administrative Office, and on the District website. President Kersteen-Tucker described the process and protocols for the meeting. Meeting 22-04 Page 2 ORAL COMMUNICATIONS Craig Gleason provided comments in support of building trails to serve specific classes of users, such as hikers or cyclists. Nancy Reyering commented regarding a State requirement to add housing according to SB9, which has an exception for protected species habitats. Additional data is needed regarding the location of mountain lion habitats and wildlife corridors to better understand the areas to be protected. Ms. Reyering requested the District expand its mountain lion study to include additional areas. Alayna Van Dervort with the Big Wild non-profit organization spoke in support of further studying mountain lions along the peninsula and not just at Rancho San Antonio. Ms. Van Dervort described the work her organization does to identify, study, and track mountain lion activity. ADOPTION OF AGENDA Motion: Director Cyr moved, and Director Siemens seconded the motion to adopt the agenda. ROLL CALL VOTE: 7-0-0 CONSENT CALENDAR Public comment opened at 7:17 p.m. Ms. Woodworth reported no comments had been submitted for the Consent Calendar. Public comment closed at 7:17 p.m. Motion: Director Siemens moved, and Director Riffle seconded the motion to approve the Consent Calendar. ROLL CALL VOTE: 7-0-0 1. Approve January 26, 2022 Minutes 2. Approve Claims Report 3. Quarter 2 Proposed Budget Amendments to the Fiscal Year ending June 30, 2022 (R-22-20) General Manager’s Recommendation: Adopt a resolution approving the proposed Quarter 2 budget amendments for the fiscal year ending June 30, 2022. 4. Contract with Comcast Business, Inc. for Fiber Optic Internet Services (R-22-19) General Manager’s Recommendation: Authorize the General Manager to enter into a contract with Comcast Business Inc., for five years of high-speed fiber optic internet services at an annual Meeting 22-04 Page 3 amount of $180,000, for a total not-to-exceed amount of $900,000, based upon a cooperative purchasing agreement through the State of California CALNET contract. 5. Award of Contract for Botanical Services in Support of the Fire Safe San Mateo County-Highway 35 Evacuation Route Shaded Fuel Break Partnership (R-22-16) General Manager’s Recommendation: 1. Authorize the General Manager to enter into a multi-year contract with Avila and Associates of Concord, California to provide botanical services in support of a collaborative partnership for fuel reduction work with Fire Safe San Mateo County for a base amount of $65,950. 2. Authorize an allowance of $3,966 for the development of mitigation measures, if deemed necessary for project implementation. 3. Authorize a 10% contingency of $6,595 to cover unforeseen conditions and complexities, for a total contract amount not-to-exceed $76,511. 6. Award of Contract for Botanical Services for Multiple Projects within the Skyline Area (R-22-15) General Manager’s Recommendation: 1. Authorize the General Manager to enter into a multi-year contract with AECOM Technical Services, Inc., of Oakland, California to provide botanical services to support multiple projects for a base amount not to exceed $69,170. 2. Authorize an allowance of $14,517 for the development of mitigation measures if deemed necessary for project implementation. 3. Authorize a 12% contingency of $8,300 to cover unforeseen conditions and complexities, for a total contract amount not-to-exceed $91,987. 7. Teleconferenced Board Meetings Pursuant to the Brown Act and Assembly Bill 361 (R-22-21) General Manager’s Recommendation: Adopt a resolution affirming findings on the continued need for remote teleconferenced public meetings pursuant to AB 361. 8. Award of Contract with Vollmar Natural Land Consulting for the Preparation of Habitat Restoration Plans within the Irish Ridge Area of Purisima Creek Redwoods Open Space Preserve (R-22-17) General Manager’s Recommendation: 1. Authorize the General Manager to enter into a contract with Vollmar Natural Lands Consulting to provide ecological surveys, analysis, planning, and permitting assistance for land restoration work at Purisima Creek Redwoods Open Space Preserve for a base contract amount of $160,820. 2. Authorize a 10% contingency of $16,082 to cover unforeseen complexities or additional biological survey needs, bringing the total contract to a not-to-exceed amount of $176,902. 9. Renewal of Enterprise Agreement with Microsoft Corporation (R-22-18) General Manager’s Recommendation: Authorize the General Manager to renew a five-year Microsoft Enterprise Agreement with Microsoft Corporation via license service provider Crayon Meeting 22-04 Page 4 Software Experts LLC through a cooperative purchasing agreement with the California Department of Technology for an amount not-to-exceed $526,000. BOARD BUSINESS 10. Science Advisory Panel Findings on the Benefits and Impacts of Electric Bicycle Use on Open Space Trails (R-22-13) Management Analyst I Sophie Christel provided the staff presentation describing the role of the District’s Science Advisory Panel (SAP) and the research question the SAP studied regarding the benefit and impacts of electric bicycle use on open space lands. Ms. Christel introduced the members of the SAP and the Technical Advisory Committee who also advised on the research. Sean Baumgarten with the San Francisco Estuary Institute presented the results of the SAP’s research and findings. Very few studies have been conducted for e-bike use in open space settings; however, studies have been conducted regarding traditional mountain bikes in open spaces. Mr. Baumgarten reviewed the impacts of traditional mountain bikes, including disturbance to wildlife, soil degradation, vegetation trampling, etc. Benefits of traditional mountain bikes include physical and mental health and increased support for conservation. Mr. Baumgarten highlighted the demographics of typical e-bike users and average distance traveled and ride frequency for e-bike users. Only one study is available regarding noise from e-bikes, which showed most noise produced by e-bikes is higher frequency than noise produced by traditional bikes. A study examined soil impacts from traditional mountain bikes and class 1 e- bikes and found no significant difference in the impacts. Additional research regarding implementation and management was also completed, and management recommendations are similar to management strategies also used for traditional mountain bikes. Mr. Baumgarten reviewed e-bike policies for other open space agencies and additional considerations. If e-bikes are allowed, the SAP recommends an adaptive management strategy and efforts to reduce visitor conflicts. Strategies include education and outreach for visitors and users, sustainable trail design, various on-trail management practices, and continued monitoring and research. Director Riffle inquired if there are continuing research questions that agencies already allowing e-bikes are still interested in learning more about. Mia Monroe with the National Park Services and member of the Technical Advisory Committee (TAC) reported they allow all types of mountain bikes, and their annual survey looks at the rate of conflict, unexpected wildlife impacts, trail deterioration, etc. Since it is their first year, they have little information on these topics, but they will continue to study them. However, their information is not specific to e-bikes. Director Riffle inquired regarding the potential increase in accidents related to e-bike use in open spaces. Mary Ann Bonnell with Jefferson County Parks and member of the TAC reported they have had no accident reports directly related to e-bikes since they began allowing e-bikes in 2018. Meeting 22-04 Page 5 Director Kishimoto requested additional information regarding enforcement of speed limits for e-bikes and traditional mountain bikes. Ms. Bonnell stated Jefferson County Open Space does not have a speed limit but does have regulations regarding visitor courtesy and reported they have not had reports of speeding or visitor conflicts specifically related to e-bike use. Ms. Monroe reported on outreach efforts to promote positive visitor experiences among various user groups. Public comment opened at 8:12 p.m. Mike Ferreira member of the executive committee for the Sierra Club Loma Prieta Chapter expressed concern regarding the lack of studies and recommended additional study is needed before they are allowed. Owen Byrd spoke in support of an adaptive management approach and in support of a pilot program to allow for further study of e-bikes on open space lands. Deborah Goldeen expressed concern regarding the information contained in the SAP report and lack of details included in the report. Stephen Meier spoke in support of allowing e-bikes to allow more people to experience nature and also to reduce the amount of miles traveled in an automobile. Denise B. spoke in support of protecting natural open spaces and in opposition to allowing e- bikes in District preserves due to negative impacts on preserve visitors and wildlife. Pat Cuviello spoke in support of people continuing to be able to visit open spaces by hiking and stated e-bikes are not required to access the open spaces. Dave Greenfield stated he likes to hike and bike in open spaces and spoke in support of being able to continue experience nature with his family using e-bikes. Justin Hemann supported the District opening its preserves to e-bikes, similar to other nearby park systems. Mr. Hemann summarized the benefits of e-bikes, including exercise for older individuals. Ms. Woodworth read the public comments into the record. John Kunz provided comments in support of allowing e-bikes in District preserves stating this will allow seniors to enjoy the trails. Ed Noskowski stated e-bikes should be allowed on all trails that allow bikes because the impact is the same. Mike Castro requested the Board of Directors open District preserves to e-bikes stating they should be treated the same as traditional bikes. Meeting 22-04 Page 6 Robert Story provided comments in support of allowing e-bikes in District preserves where traditional bikes are allowed because the research shows the e-bikes are slower going downhill and allow older riders to continue riding. Wynn White supports allowing e-bikes in District preserves because e-bikes allow many riders to continue to enjoy biking even as they get older. Kristin Mercer opposed allowing bikes on trails stating they erode trail surfaces and negatively affect wildlife. Lloyd Davies stated the purpose of the District is to enhance recreational opportunities and expand access to recreational facilities. E-bikes help promote public access and should be treated as equals to traditional bikes. Tyson Messori provided comments in support of e-bikes stating it allows trail access for those who would physically be unable to access trails with traditional bikes. Banning e-bikes prevents a large section of the cycling community. Jeff Vance stated e-bikes are the same as other bikes except they allow those who need physical assistance to continue to explore open spaces. Peter Maxwell supported allowing e-bikes on District trails and stated e-bike riders tend to be less aggressive than some traditional bike riders. Shane Bracken stated allowing e-bikes allows riders to spread out over more trail miles and improve physical and mental health of riders. Tom Angsten commented on the many benefits e-bikes can provide to older riders, including improved mental and physical health. Stefan Bolka supports allowing e-bikes on District trails that already allow traditional bikes and allowing e-bikes would make the trails more inclusive for older visitors. Scott Forstall provided comments in support of allowing e-bikes on District trails stating e-bikes allow older cyclists to continue to enjoy the preserves. Mr. Forstall stated many e-bike riders are older and even more cautious than those on traditional bikes. Molly Forstall supports allowing class 1 e-bikes on District trails stating e-bikes are quiet and are not like motorcycles, as some believe. E-bikes also have no more impact on open space than traditional bikes. Seth Gottlieb supports allowing e-bikes in District preserves. John Baily supports allowing e-bikes in District preserves stating they allow older riders like himself to continue to enjoy District rails, such as Alpine Road. Mary and Bob Dodge support allowing e-bikes on District trails until evidence shows e-bikes are more harmful than traditional bikes. Meeting 22-04 Page 7 Susan Martin supports allowing e-bikes in District preserves because e-bikes allow many riders to continue to enjoy biking even as they get older. Jeff Kwan stated allowing e-bikes in District preserves will promote trail access for those who are not physically fit. Michael Poutre supports allowing e-bikes where traditional bikes are allowed. Allowing e-bikes will increase inclusivity of trails, especially for those with physical disabilities, are older, or unable to use a traditional bike. Heidrun Utz provided comments in support of allowing e-bikes on District preserves and stated e-bikes help older riders exercise more. Curt Relick provided comments in support of allowing e-bikes on District preserves. Bill Onderdonk supported allowing e-bikes on District trails. Public comment closed at 8:48 p.m. Members of the Board thanked staff, the SAP, and the members of the public for their interest in the topic and stated they look forward to discussing the issue further. Mr. Malone described the information to be presented to the Planning and Natural Resources Committee regarding e-bikes, including the e-bike pilot project, noise study, intercept survey results, public feedback, etc. The Committee will review the information and can make recommendations to the Board or direct staff to complete additional work prior to the Board presentation. No Board action required. The Board recessed at 9:09 p.m. and reconvened at 9:15 p.m. with all directors present. 11. Human-Mountain Lion Interaction Study and Management Plan Annual Update (Year 1) (R-22-14) General Manager Ana Ruiz discussed the role of the study in understanding the factors that may contribute to potential negative interactions between mountain lions and humans and tools that may avoid these occurrences to protect the safety of people and of the local mountain lion population. Resource Management Specialist II Matt Sharp Chaney explained the mountain lion study and its purpose, including the process for the proposed behavioral modification approach for the mountain lions. Mr. Sharp Chaney also described the District’s practices to educate and outreach to visitors regarding mountain lions and how to avoid and stay safe during mountain lion encounters. Mr. Sharp Chaney highlighted partner and advocacy group outreach and support received from these organizations. Mr. Sharp Chaney reported the behavioral modification work would take place during the day and described the process for notifying the public that a preserve would be closed. Meeting 22-04 Page 8 Dr. Chris Wilmers, with the Puma Project, described the study’s objectives to estimate the local mountain lion population size, compare range sizes with other areas of the Santa Cruz Mountains, assess factors influencing mountain lion-human interactions, and determine the efficacy of deterrents. Dr. Wilmers provided an update on the various study objectives, including the wildlife cameras being used to support the research and measure wildlife throughout Rancho San Antonio, the impact of forested fire breaks, etc. Director Riffle inquired how the information learned in the study would be used. Dr. Wilmers reported the behavioral modification work would be used with lions throughout the Santa Cruz mountains to increase the sample size. If it is successful, it can be used more widely to prevent mountain lion habituation and attacks on humans. The members of the Board asked clarifying questions and received additional information regarding mountain lion behavior, the mountain lion study, and study results to date. Public comment opened at 10:38 p.m. Pat Cuviello expressed concern regarding the harassment of the mountain lions in their own habitats and suggested additional education of the public is a better way to address the issue. Denise B. spoke in support of the data and research gathered as part of the study but stated more vehicle strikes are occurring than reported. Denise B. expressed concern regarding future mountain lion extinction due to human activities, such as visitors to District preserves and trails. Ms. Woodworth read the public comments into the record. Annette Herz provided comments in support of the work to protect mountain lions, including the Highway 17 crossing. Alex Johnson supported the mountain lion study to help keep human and mountain lion communities safe. Public comment closed at 10:45 p.m. Director Holman suggested limiting public access to specific areas of preserves where mountain lions frequently visit to limit mountain lion-human interactions. It would be helpful if data on potential patterns of behavior were determined. Director Kishimoto suggested rerouting of trails at Rancho San Antonio may be a viable option to reduce interactions. Director Riffle spoke in support of additional education of the public regarding mountain lions and in support of the science-based behavioral modification proposal. President Kersteen-Tucker suggested removal of deer as a food source may be a helpful deterrent. Meeting 22-04 Page 9 Mr. Sharp Chaney stated major habitat modifications would be necessary to remove deer from Rancho San Antonio. He stated the District works with its neighbors to remove food sources to help discourage deer in the area. No Board action required. INFORMATIONAL MEMORANDA • Highway 17 Wildlife and Regional Trail Crossings Project Status Update • Suggested Topics for the February 16, 2022 Board Retreat INFORMATIONAL REPORTS A. Committee Reports President Kersteen-Tucker reported the Board retreat ad hoc committee met on February 4 and February 7, 2022 to discuss the topics and agenda for the February 16, 2022 Board retreat. B. Staff Reports Ms. Ruiz provided an update on media coverage of the District’s 50th anniversary. C. Director Reports Directors Riffle, Siemens, Hassett, Cyr, and Kersteen-Tucker reported they attended the Mount Umunhum Radar Tour tower and thanked staff for organizing and hosting the tour. Director Riffle reported he met with the Friends of Stevens Creek Trail and discussed proposed access to Rancho San Antonio. Director Kishimoto reported she attended a Santa Clara County LAFCO meeting on February 2, 2022 and a BCDC meeting on February 3, 2022. ADJOURNMENT President Kersteen-Tucker adjourned the regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 11:16 p.m. ________________________________ Jennifer Woodworth, MMC District Clerk MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLAIMS REPORT MEETING # 22-06 MEETING DATE: February 23, 2022 Fiscal Year 20-21 EFT:63.44% Fiscal Year 21-22 EFT:66.61% Payment Number Payment Type Payment Date Notes Vendor No. and Name Invoice Description Payment Amount 4105 EFT 02/04/2022 12201 - EMID Design Group New AO Furniture Procurement and Installation - Dec 2021 123,901.85 4100 EFT 02/04/2022 10813 - Almaden Printing Johnston Ranch & Newsletter/Purisima to the Sea postcard 38,259.31 82319 Check 02/11/2022 12147 - Nova Partners, Inc.New AO Project Construction Mgmt & Peer Review - Dec 21 30,830.00 4136 EFT 02/11/2022 10546 - Ecological Concerns, Inc.Plant Installation & Maintenance of Multiple Mitigation Sites -11/1/21 - 12/31/21 30,302.58 4152 EFT 02/11/2022 12194 - Royston Hanamoto Alley & Abey La Honda Creek Feasibility Study - Dec 2021 28,369.86 4106 EFT 02/04/2022 11748 - Environmental & Energy Consulting Consulting and Lobbying - 9/16/21 - 01/15/22 25,840.00 4104 EFT 02/04/2022 *10214 - Delta Dental Dental Benefits - Feb 2022 18,652.48 4133 EFT 02/11/2022 11391 - Chavan & Associates, LLP FY21 Annual Audit - final bill 14,275.00 4135 EFT 02/11/2022 10022 - Concern Employee Assistance Program - 1/1/22 - 12/31/22 14,200.00 4134 EFT 02/11/2022 12086 - Coastwide Environmental Technologies, Inc.Alma Abatement & Demo Project - 10/1/21 - 12/31/21 12,635.00 4132 EFT 02/11/2022 10616 - BKF Engineers Hawthorns Boundary Survey Windy Hill - 11/22/21 - 12/26/21 9,243.20 4110 EFT 02/04/2022 *10419 - Lincoln National Life Insurance Co.AD&D / Life / LTD - Feb 2022 7,895.16 4119 EFT 02/04/2022 *10211 - Public Policy Advocates 2021 Legislative Advocacy Fee for 11/1/21 - 12/31/21 7,500.00 4158 EFT 02/11/2022 *10216 - Valley Oil Company Fuel for District Vehicles 6,567.45 4150 EFT 02/11/2022 10079 - Page & Turnbull, Inc.DHF Historic Resource Evaluation - Dec 2021 5,700.00 4126 EFT 02/04/2022 10435 - The Ferguson Group LLC Retainer - Oct & Nov 2021 5,555.54 4149 EFT 02/11/2022 12151 - Navia Benefit Solutions Flexible Spending Account disbursements 5,425.69 4157 EFT 02/11/2022 12157 - SWCA Environmental Consultants Purisima-to-the-Sea Trail and Parking Feasibility - Dec 2021 5,262.75 4141 EFT 02/11/2022 **10555 - Knapp Architects Alma Construction Admin Service / Hawthorns Roof Replace - Dec 2021 5,040.00 4127 EFT 02/04/2022 *10216 - Valley Oil Company Fuel for District Vehicles 4,455.93 82322 Check 02/11/2022 *10309 - Verizon Wireless Wireless Service - 12/13/21 - 01/12/22 4,341.10 4103 EFT 02/04/2022 *10032 - Del Rey Building Maintenance Janitorial Service - SAO, AO, SFO & FFO 4,336.00 4143 EFT 02/11/2022 10058 - Liebert Cassidy Whitmore Legal services for negotiations - Dec 2021 4,053.00 82305 Check 02/04/2022 11520 - Community Initiatives Gratitude Hike at BCR 4,000.00 82323 Check 02/11/2022 12154 - Worldwide Wireless Connections dba Out ofthe Woods Administrative Office - Wood Milling 4,000.00 4109 EFT 02/04/2022 11906 - Law Offices of Gary M. Baum Legal Services - Dec 2021 3,906.00 4102 EFT 02/04/2022 11699 - Dakota Press 2022 Wall Calendar - (qty 1,000)3,782.19 4115 EFT 02/04/2022 12151 - Navia Benefit Solutions Flexible Spending Account disbursements 3,168.00 4118 EFT 02/04/2022 *10212 - Pinnacle Towers LLC Tower Lease-Skeggs Point - Feb 2022 2,650.00 82321 Check 02/11/2022 10472 - Sandra Sommer CA Riding & Hiking Trail Report #2 - 6/1/21 - 12/31/21 2,640.00 4124 EFT 02/04/2022 *11730 - Standard Insurance Company RV County of Santa Clara MROSD Supplemental & Life - Feb 2022 2,559.15 4142 EFT 02/11/2022 11326 - LexisNexis Subscription Renewal - 12/01/21 - 11/30/22 2,365.25 4130 EFT 02/11/2022 11799 - Aztec Leasing, Inc.Printer/copier leases - Jan 2022 2,357.10 82302 Check 02/04/2022 10141 - Big Creek Lumber Co Inc RSACP - Hammond-Snyder Trail / fencing lumber 2,089.38 4122 EFT 02/04/2022 12082 - Sicular Environmental Consulting La Honda Forest Management Plan - 8/1/21 - 12/31/21 2,060.00 4131 EFT 02/11/2022 11148 - Balance Hydrologics, Inc Lower Turtle Pond Spillway Design - 11/21/21 - 12/18/21 2,023.75 82310 Check 02/04/2022 10999 - Palo Alto Plumbing Heating & Air HVAC work at Stevens Canyon Ranch 2,005.48 4145 EFT 02/11/2022 11664 - LSQ Funding Group, L.C.Admin Support Clout Staffing - 01/09/22 1,980.00 4151 EFT 02/11/2022 12031 - Ray & Jan's Mobile Truck Service M223 & P103 Service / P103 & P106 brakes 1,929.00 4125 EFT 02/04/2022 10152 - Tadco Supply Janitorial Supplies (RSACP)1,716.16 82304 Check 02/04/2022 10014 - CCOI Gate & Fence SA07 - Replaced solar panel on electric gate / RSACP 1,674.40 4128 EFT 02/04/2022 *10213 - Vision Service Plan-CA Vision Premium - Feb 2022 1,525.20 4114 EFT 02/04/2022 10031 - Mills Design Fire Fact Sheet/Postcard notification template 1,481.25 82309 Check 02/04/2022 11141 - Jarvis Fay & Gibson LLP Legal Services - Dec 2021 1,402.00 4140 EFT 02/11/2022 10394 - Interstate Traffic Control Pro U-Channel Sign Posts - (42)1,322.34 82320 Check 02/11/2022 11129 - Peterson Trucks, Inc.Annual Service - WT02 1,182.43 4123 EFT 02/04/2022 10952 - Sonic.net Internet Services - Feb 2022 1,170.00 4148 EFT 02/11/2022 10125 - Moffett Field Supply Company Toilet Paper 1,115.50 4155 EFT 02/11/2022 11918 - SF North Bay Law Management Coaching - Dec 2021 1,092.50 4121 EFT 02/04/2022 11479 - Rootid, LLC Web Maintenance Retainer 1,080.00 82311 Check 02/04/2022 11129 - Peterson Trucks, Inc.Annual Service - M207, M22 1,074.10 4120 EFT 02/04/2022 12031 - Ray & Jan's Mobile Truck Service Repairs P103 & M31 1,048.18 82306 Check 02/04/2022 11224 - County of Santa Clara Communications Dept Service response to alarms at Tomita Tower 996.00 Electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase payment security, and ensure quicker receipt by vendors page 1 of 2 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLAIMS REPORT MEETING # 22-06 MEETING DATE: February 23, 2022 Fiscal Year 20-21 EFT:63.44% Fiscal Year 21-22 EFT:66.61% Payment Number Payment Type Payment Date Notes Vendor No. and Name Invoice Description Payment Amount Electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase payment security, and ensure quicker receipt by vendors 4137 EFT 02/11/2022 11935 - Essential Operations, Inc RSACP/ EQ / RR - Septic system inspection/maint 973.00 4108 EFT 02/04/2022 10555 - Knapp Architects Hawthorns Conditions Assessment - Dec 21 890.00 4107 EFT 02/04/2022 10187 - Gardenland Power Equipment Helmets & Parts / Chainsaw Chain Sharpening 870.66 4146 EFT 02/11/2022 10190 - MetroMobile Communications Radio repair/install M207/M236/M29 840.42 4154 EFT 02/11/2022 *10136 - San Jose Water Company Water Service (SAO) (RSACP)826.70 82307 Check 02/04/2022 10186 - Federal Express Shipping 803.81 82316 Check 02/11/2022 10261 - ADT LLC (Protection One)Alarm Services - AO/SAO/FFO - 1/28/22 - 2/27/22 637.72 82308 Check 02/04/2022 10287 - Grainger, Inc.2 Chainsaw Backpacks 616.19 4156 EFT 02/11/2022 10793 - Sherwood Design Engineers LHC Loop Trail - Trail Design & Engineering Services - Dec 2021 600.00 4153 EFT 02/11/2022 11882 - Ryan's Sport Shop Fire boots - ranger 564.72 4113 EFT 02/04/2022 10190 - MetroMobile Communications Repair radios - M203, M85 (P85)521.11 4101 EFT 02/04/2022 10294 - AmeriGas - 0130 Propane Refill (FFO)499.90 82314 Check 02/04/2022 11852 - Western Exterminator Co.Extermination Services (RSA-Annex/Garage) 12/14/21 462.65 82315 Check 02/04/2022 11852 - Western Exterminator Co.Extermination Services (RSA-Annex/Garage) 11/12/21 462.65 4112 EFT 02/04/2022 11664 - LSQ Funding Group, L.C.Admin Support Clout Staffing- 01/02/22 445.50 82312 Check 02/04/2022 10102 - Shute, Mihaly & Weinberger LLP Coastal Commission Litigation Retainer - 8/13/2021, 11/30/21 350.10 82318 Check 02/11/2022 12176 - INWC Ignatius Nelson Water testing - Lobitos Ridge 350.00 4117 EFT 02/04/2022 10140 - Pine Cone Lumber Co Inc Shop Tools & Supplies 316.83 4147 EFT 02/11/2022 10288 - Mission Valley Ford Truck Sales, Inc.ATV15 Kubota RTV900 Parts 281.53 4144 EFT 02/11/2022 10791 - LSA Associates, Inc.Alpine Road CEQA/Permit Support & LHC Loop Trail Permit Support 273.00 82313 Check 02/04/2022 10201 - Turf & Industrial Equip. Co.Service - ATV18 268.83 82303 Check 02/04/2022 10289 - Cal-Line Equipment, Inc.Bandit Chipper parts 248.58 4129 EFT 02/11/2022 11170 - Alexander Atkins Design, Inc.Services for GeoPDF Signboard - 6/25/21 - 6/28/21 227.50 82317 Check 02/11/2022 10168 - Cintas FFO & SFO rag cleaning/exchange service 220.70 4116 EFT 02/04/2022 10271 - Orlandi Trailer Inc Parts for Chipper 186.60 4111 EFT 02/04/2022 10791 - LSA Associates, Inc.Alpine Rd. CEQA / Permit Support and LHC Loop Trail Permit Support 78.00 82301 Check 02/04/2022 11880 - A T & T (Calnet3)Mt. Um Safety Phone - 12/07/21 - 1/06/22 46.16 4138 EFT 02/11/2022 11151 - Fastenal Company Vehicle signs - tractors 32.48 4139 EFT 02/11/2022 10187 - Gardenland Power Equipment Blower parts 15.60 Total of Payments:486,948.20 *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 Office TW = Thornewood GP = General Preserve OSP = Open Space Preserve SAU = Mount Umunhum WH = Windy Hill Abbreviations page 2 of 2 Rev. 3/15/21 R-22-28 Meeting 22-06 February 23, 2022 AGENDA ITEM 3 AGENDA ITEM Mindego Hill Grazing Lease Amendment Adding 98 Acres of Grazing Land and Extending the Term of the Lease for Five Years GENERAL MANAGER’S RECOMMENDATION Adopt a Resolution authorizing the General Manager to execute a second amendment to the Mindego Hill grazing lease to add 98 acres of grazing land and exercise the option to extend the lease with Bar DX Livestock for five years. SUMMARY The proposed grazing lease amendment would allow the addition of 98 acres of grazing land, referred to as the South Pasture, to be incorporated into the current grazing lease with Bar DX Livestock, owned by Ronnie and Bartley Seever. The amendment would also exercise the option of a five-year extension to the previous five-year grazing lease term. DISCUSSION Conservation grazing utilizes livestock as a management tool to manage brush encroachment in open grasslands and preserve their unique biodiversity. This ecological focus distinguishes conservation grazing from basic livestock production. The Mindego Hill Grazing Plan developed for each grazing location sets the management parameters (such as stocking rates, class of livestock, seasonality, and duration of grazing activity) to meet specific conservation goals for the property. The District’s Conservation Grazing Program is a mutually beneficial partnership with small-scale local ranchers. Property Background The Mindego Ranch property was acquired by the District as an addition to Russian Ridge Open Space Preserve in 2008. After acquisition, a biological survey of the property confirmed the significant presence of the endangered San Francisco garter snake (SFGS) and its native prey, the California red-legged frog (CRLF). Habitat enhancement plans for these two important and protected species guide all future District work within this property. An amendment to the Use & Management Plan (U&M) for the Mindego Ranch property was approved in 2014 calling for the introduction of conservation grazing as a management tool to enhance and protect sensitive habitat for both SFGS and CRLF. Mindego Ranch is one of only six known populations of the endangered SFGS. R-22-28 Page 2 After a competitive Request for Proposal solicitation, a five-year lease with one option for a five- year extension was executed with Bar DX Livestock in 2015 (R-15-114). When the lease was executed, cattle were allowed access to three pastures on the 1,047 acres of Mindego Ranch. The south pasture area was subsequently identified by District staff as a fourth potential pasture and a future priority for conservation grazing expansion in the preserve to further protect and enhance sensitive species habitat and reduce fuel loads. At the January 22, 2020, Board meeting, two addenda to the Mindego Ranch Grazing Plan were approved. The first addendum provided additional guidance regarding future management in the south pasture expansion area. The second addendum was to approve the Mitigated Negative Declaration for the Russian Ridge Use and Management Plan, in accordance with the California Environmental Quality Act, in conjunction with the addition of the south pasture as part of the conservation grazing area on the property. These approvals allowed staff to move forward with preparing the south pasture area for conservation grazing. Partnerships The Natural Resource Conservation Service (NRCS) is a federal agency under the US Department of Agriculture that provides farmers and ranchers with financial and technical assistance to encourage conservation practices as part of day-to-day agricultural activities. The NRCS manages the following natural resources conservation programs that assist agricultural producers with reducing soil erosion, enhancing water supplies, improving water quality, increasing wildlife habitat, and reducing damage caused by floods and other natural disasters: • Agricultural Management Assistance - Construct or improve water management or irrigation structures. • Conservation Stewardship Program - Improve resource conditions, such as soil quality, water quality, air quality, habitat quality, and energy. • Environmental Quality Incentives Program (EQIP) - Implement conservation practices, or activities, such as conservation planning, that address natural resource concerns on agricultural lands. Ronnie Seever, the tenant at Mindego Ranch and owner of Bar DX Livestock, worked with the local NRCS office to obtain funding assistance through the EQIP program, reducing District costs, to install grazing infrastructure improvements in the south pasture expansion area. The Board provided land-owner approval for the tenant’s participation in the EQIP program at the January 22, 2020, Board meeting. Infrastructure Improvements The infrastructure required for the 98-acre south pasture expansion consisted of fencing and water system improvements as follows: Perimeter fencing: Approximately 5,000 linear feet of new wildlife-friendly livestock fencing was installed along the eastern and southern pasture boundary. Short sections of fence were placed along the western boundary of the pasture to reinforce the natural barrier of dense vegetation and steep terrain. Water: No natural water sources were present within the pasture expansion area to support grazing livestock. However, a clean reliable water source was already developed on Mindego Ranch that uses a spring with a solar powered pump to supply water to a storage R-22-28 Page 3 tank and water troughs in pastures adjacent to the expansion area. The existing water system was modified to supply water to the expansion area. Three new wildlife-friendly concrete water troughs were installed to supply water to livestock in the south pasture area. Two of the new troughs were located within the south pasture at sites that are minimally visible from the Mindego Hill Trail to reduce aesthetic impacts. A third trough was installed in the holding field/corral area above the pasture to be accessible to equestrians using the trail. A new 5,000-gallon, low-profile tank was installed in the corral area to supply water to the new troughs. Expansion Area The 98 acres of the pasture expansion would be managed according to the guidelines established in the 2019 Grazing Management Plan (GMP) Addendum prepared by Koopman Rangeland Consulting. This addendum was adopted by the Board January 22, 2020. Per the addendum, the expansion area would optimally be seasonally grazed during the winter and early spring and could support 145.2 AUMs (12 cows over the six-month period) in an average rainfall year. Utilizing the principles of the District’s conservation grazing program and following the guidelines established in the GMP addendum, realization of District goals for improving wildlife habitat, preserving native grasslands, and maintaining the local, rural agricultural character are attainable. Lease Extension When the lease was approved, it was written for a 5-year term beginning in 2015 with an option for one 5-year extension. The Board report, R-15-114 and the lease both contain this language. However, the accompanying Resolution did not include the authorization for the General Manager to execute the extension. It is now standard practice to include Board authorization for the General Manager to approve a second term in Board resolutions approving a grazing lease. Since expiration of the first five-year term, the tenant has been in month-to-month holdover status pending this Agenda Item for Board approval of the lease area expansion and authorization of the 5-year lease extension. FISCAL IMPACT The District lease rate for grazing properties is calculated by multiplying the number of Animal Unit Equivalents (AUE) grazing on the property by the total number of months grazed for the season/year to obtain the total Animal Unit Months (AUM). The AUMs are then multiplied by the current AUM market rate to determine the total lease fee for the year. The Fiscal Year 2021- 22 (FY22) AUM rate utilized by the District is $10.89 per AUM. The estimated additional annual lease revenue from Mindego Ranch for the addition of the 98 - acre expansion area is as follows: Ranch AUM AUM Rate (2022) Annual Lease Fee* Mindego Hill 98- acre expansion area 145.2 $ 10.89 $1,581 *The FY22 lease fee may need to be prorated depending on when cattle are actually introduced to the new pasture based on site conditions and available water. R-22-28 Page 4 BOARD AND COMMITTEE REVIEW • January 2014: The Board adopted the CEQA Mitigated Negative Declaration and approved an amendment to the Russian Ridge Use and Management Plan. (R-14-21) • August 2015: The Board approved selection of Bar DX Livestock as grazing tenant on Mindego Hill Ranch. (R-15-114) • January 2020: The Board adopted an addendum to Mindego Hill Ranch Grazing Management Plan to add the expansion area, amend the Russian Ridge Open Space Preserve Use and Management Plan, and amend the Mitigated Negative Declaration for the Mindego Ranch Use and Management Plan (R-20-10, Meeting minutes) • May 2021: The Board awarded a contract to Bar DX Livestock to install grazing infrastructure to expand grazing to the south pasture. (R-21-62, Meeting minutes) PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE The Project was evaluated in a Mitigated Negative Declaration and Initial Study (IS/MND), adopted by the Board on January 22, 2014, available at: https://www.openspace.org/sites/default/files/2013.11.25.MindegoRanchISMND.pdf. An Addendum to the IS/MND was adopted January 22, 2020 (R-20-10). The Addendum addressed the infrastructure improvements included in this proposed contract and found they did not alter any of the conclusions of the 2014 IS/MND. No significant environmental effects or a substantial increase in the severity of previously identified significant effects will result. NEXT STEPS If approved, the General Manager will execute the second amendment to the Mindego Ranch grazing lease that will add 98 acres of grazing land and extend the lease terms by five years. Attachments 1. Resolution Authorizing the General Manager to Amend and Extend the Grazing Lease with Bar DX Livestock (Mindego Ranch, Russian Ridge Open Space Preserve) 2. Map of South Pasture Expansion Responsible Department Head: Brandon Stewart, Land & Facilities Services Manager Prepared by: Susan Weidemann, Property Management Specialist II, Land & Facilities, Property Management 1 RESOLUTION 22-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING THE GENERAL MANAGER TO AMEND AND EXTEND THE GRAZING LEASE WITH BAR DX LIVESTOCK (MINDEGO RANCH, RUSSIAN RIDGE OPEN SPACE PRESERVE) WHEREAS, the Midpeninsula Regional Open Space District (District) may, under the provisions of California Public Resources Code section 5540, lease property owned by the District; and WHEREAS, the lease of Mindego Ranch for grazing and rangeland management purposes is compatible with park and open space purposes, and the lease of such premises is in the public interest; and WHEREAS, the District wishes to amend the lease with BarDX Livestock to include a pasture expansion area, and extend the lease on the terms as hereinafter set forth. NOW, THEREFORE, the Board of Directors of Midpeninsula Regional Open Space District does hereby resolve as follows: 1. The General Manager is authorized to grant an extension of the Grazing Lease on the terms and conditions set forth in the Grazing Lease and amend the Lease to include the 98-acre south pasture expansion area. The General Manager and General Counsel are further authorized to approve any technical revisions to the Lease, which are necessary or appropriate to the implementation of the Lease. 2. The General Manager or designee is further authorized to sign and approve all other documents necessary or appropriate to effectuate the purposes of the Grazing Lease. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ______, 2022, at a regular meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Karen Holman, Secretary Board of Directors Zoe Kersteen-Tucker, President Board of Directors Attachment 1 Resolutions/2019/R-19-__DriscollLease 2 APPROVED AS TO FORM: Hilary Stevenson, General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. Jennifer Woodworth, District Clerk Attachment 1 Midpeninsula Regional Open Space District (MROSD) 1/3/2022 0 0.850.425 miI 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. Mindego Ranch South Pasture Expansion Fence Fence - Other Fence - Permanent Fence - Proposed Corral Lease Area Grazing Da t a S o u r c e ( s ) : S o u r c e : E s r i , M a x a r , G e o E y e , E a r t h s t a r G e o g r a p h i c s , C N E S / A i r b u s D S , U S D A , U S G S , A e r o G R I D , I G N , a n d t h e G I S U s e r C o m m u n i t y , E s r i , H E R E , G a r m i n , ( c ) O p e n S t r e e t M a p c o n t r i b u t o r s , a n d t h e G I S u s e r c o m m u n i t y Web AppBuilder for ArcGIS ÄÆ17 ÄÆ82 ÄÆ101 ÄÆ236 ÄÆ9 ÄÆ84 ÄÆ1 ÄÆ35 ÄÆ280 ÄÆ85 Campbell Redwood City East Palo Alto Los Altos Mountain View Palo Alto Menlo Park Cupertino Saratoga Los Gatos Milpitas Santa ClaraSunnyvale San Jose Attachment 2 Rev. 3/15/21 R-22-27 Meeting 22-06 February 23, 2022 AGENDA ITEM 4 AGENDA ITEM Formation of a Lehigh Quarry Review Ad Hoc Committee GENERAL MANAGER’S RECOMMENDATION Approve the formation of a Lehigh Quarry Review Ad Hoc Committee of the Board and authorize the Board President to work with the General Manager to determine the best timing for forming the committee pursuant to Board Policy 1.04, Board Committees. Consistent with other recent Ad Hoc Committees of the Board of Directors, these meetings would be compensable. This action would expedite formation of the Ad Hoc Committee once the right timing is identified based on the Santa Clara County Board of Supervisors’ referral to County staff on the exploration of the feasibility of the County’s purchase of the quarry and cement plant site. SUMMARY The Santa Clara County (County) Board of Supervisors (BOS) has directed County staff to assess the feasibility of purchasing the Lehigh Cement Plant and Quarry (“Lehigh”) and return to the BOS within 90 days. Lehigh Quarry, the Midpeninsula Regional Open Space District’s (District) immediate neighbor to the south of Rancho San Antonio Open Space Preserve, proposed a Reclamation Plan amendment in 2019 and is currently revising that amendment. The General Manager recommends working with the Board President to determine the best timing for forming an Ad Hoc Committee (Committee) and to then assemble this advisory group to guide the District’s input into the County’s acquisition assessment and clarify District goals for potential partnerships with the County and/or other entities. The Committee would consist of three Board members, appointed by the Board President with consent of the Board. Ad Hoc Committees are appointed to address a specific topic and typically convene for up to one year. DISCUSSION In May of 2019, Lehigh Hanson, a subsidiary of Heidelberg Cement Group who operates Lehigh Quarry, submitted a Reclamation Plan Amendment (“Rec Plan”) to the County. At that time, the District formed an Ad Hoc committee to specifically guide the District’s response to the Rec Plan (R-20-61). During the Ad Hoc’s tenure, the parent company, Hiedelberg Cement, sold off all of its holding except Lehigh Quarry. The Rec Plan process has since stopped and Lehigh has indicated that they are evaluating revising the Rec Plan with input from the District and others (R-21-162). On January 25, 2022, the BOS, upon referral from Supervisor Joe Simitian, directed County staff to produce a list of all violations within the last 10 years with the goal of clarifying whether Lehigh’s violations “constitute the basis for further regulatory and/or legal action.” On February 15, 2022, the BOS, upon referral from Supervisor Simitian, directed staff to report back with “options for consideration relating to the potential acquisition of the Lehigh Cement Plant R-22-27 Page 2 and Quarry property and “to consult with all relevant stakeholders and consider collaboration with all potential partners in developing a planning process, timeline and eventually a proposal for the property in question.” The District submitted a support letter for this assessment (Attachment 1). In light of these recent County actions, an Ad Hoc Committee of the Board is recommended to help steer the District’s response as a stakeholder and collaborator with the County and others. In order to be ready to work with the Ad Hoc as soon as sufficient information is gathered by County staff, the General Manager recommends that the Board authorize the Board President to work with the General Manager to identify the best time to form the Ad Hoc Committee. Formation is expected to occur some time within the next three months and will be based on the County’s readiness to initiate discussions with the District. Pursuant to Board Policy 1.04, Board Committees, the Lehigh Quarry Review Ad Hoc Committee would be composed of three Board members appointed by the Board President with the consent of the Board. This Committee would serve the purpose of reviewing and guiding the District’s response as a stakeholder and collaborator on a potential acquisition. FISCAL IMPACT Formation of a new compensable Ad Hoc Committee is not expected to result in a fiscal impact. The fiscal year budget anticipates both Committee and Board meeting attendance for Board Directors. According to Board Policy 6.06 (Meeting Compensation, Reimbursement of Authorized Necessary Expenses for Performance of Official Duties, and Adoption of Ethics Training Requirements Pursuant to Government Code Section 53232 et seq. (AB1234)), the maximum allowable total compensation per Board member is one hundred and five dollars ($105.00) per day or six hundred and thirty dollars ($630.00) per month. The Fiscal Year 2022- 23 Budget contains sufficient funds for Board compensation related to meeting attendance. BOARD AND COMMITTEE REVIEW This item was not previously reviewed by a Board Committee. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE This item is not a project subject to the California Environmental Quality Act. NEXT STEPS Upon approval by the Board, Committee members would be appointed by the Board President. The General Manager or designee will schedule a kickoff meeting as soon as practicable. Attachment: 1. Letter of Support for Lehigh Acquisition Assessment Responsible Department Head: Kirk Lenington, Natural Resources Manager R-22-27 Page 3 Prepared by: Aaron Hébert, Senior Resource Management Specialist February 14, 2022 County of Santa Clara Board of Supervisors 70 West Hedding Street East Wing, 10th Floor San Jose, CA 95110 Dear Board of Supervisors, Please accept this letter of support from the Midpeninsula Regional Open Space District (Midpen) for Supervisor Simitian’s referral to County staff to assess a potential acquisition of Lehigh Cement Plant and Quarry. As you know, Lehigh Quarry separates Rancho San Antonio Open Space Preserve and Rancho San Antonio County Park (collectively “Rancho”) and Monte Bello Open Space Preserve. Rancho is our most beloved preserve and park with over 800,000 visitors annually. And yet, these regionally important open spaces, which have been vital to public health during the pandemic, are next to a quarry and cement plant that has a long and unfortunate history of environmental degradation, including impacts to air quality, water quality, wildlife habitat, and scenic values for which the 1972 Ridgeline Easement serves to protect and is now being carefully monitored by Midpen on behalf of the County. We agree with Supervisor Simitian that “now is the time to envision and consider other possibilities which are both in the public interest and fair to the property owner,” particularly as Lehigh is considering modifying the 2019 Reclamation Plan amendment. Midpen’s mission is to “acquire and preserve a regional greenbelt of open space land in perpetuity, protect and restore the natural environment, and provide opportunities for ecologically sensitive public enjoyment and education.” This mission requires a vision into perpetuity. For that reason, Midpen has been engaged in every iteration of the Reclamation Plan and given input on behalf of the environment and the public to ensure the quarry is reclaimed in a way that leaves the public with a site that is suitable for potential future beneficial uses that are compatible with Midpen’s mission. In particular, Midpen has supported a reclamation of the site that facilitates wildlife habitat, including corridors between open spaces, the restoration of Permanente Creek, preservation of native plants, improved wildfire resiliency, protection of scenic resources, and opportunities for ecologically sensitive public access. While the question of how the site should best be reclaimed requires further work, what is certain is that the quarry will ultimately be reclaimed, and we believe now is the appropriate time to bring together a vision for all stakeholders that supports this outcome sooner rather than later. Midpen hopes to provide our expertise and input into this process as appropriate. Midpen thanks the County and Supervisor Simitian for this proactive approach and for your continued leadership. Ana Ruiz General Manager cc: Midpen Board of Directors Attachment 1 Rev. 3/15/21 R-22-25 Meeting 22-26 February 23, 2022 AGENDA ITEM 5 AGENDA ITEM Grant Award to the University of California for Forest Health and Resiliency Services GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to award a $173,000 grant that spans over 5 years to the University of California, Berkeley to coordinate annual Sudden Oak Death Blitz events and provide forest health and resiliency peer-review services. SUMMARY Sudden Oak Death (SOD) is a forest disease that is quickly killing many oak species throughout Northern California. Researchers have discovered how the pathogen (Phytophthora ramorum) that caused SOD arrived in the states and studied several treatment options to protect native oak trees. Dr. Matteo Garbelotto, the co-discoverer of P. ramorum and the Forest Pathology Specialist for the entire University of California system, is actively working with local communities to educate property owners, arborists, and the general public on preventive measures that slow the disease and methods for protecting oak trees. The General Manager recommends awarding a grant to the University of California, of Berkeley, CA to coordinate the annual Sudden Oak Death Blitz and provide forest health and resiliency peer-review services in the amount of $173,000 over 5 years. There are sufficient funds in the FY22 Budget to cover the cost of the recommendation through the end of the fiscal year. Funds for future fiscal year budgets would be proposed as a part of the annual Budget and Action Plan process. DISCUSSION Tanoak and several oak species in California, including those found on Midpeninsula Regional Open Space District (District) lands, are threatened by a serious exotic disease, SOD. Researchers have found SOD in the wildlands of 14 coastal California counties, from Monterey to Humboldt. The District lies entirely within the federal quarantine area for SOD (Attachment 1). While patchy in distribution, with each passing year, the swath of infection continues to become more contiguous. Symptomatic California bay tree leaves are often the first sign that SOD has arrived at a location, and generally precedes surrounding oak infections. Management options (i.e., sanitation, chemical preventative treatments, bay removal) are effective only if implemented before oaks and tanoaks are infected. Early detection of the disease is critical to slow down the SOD epidemic. SOD-blitzes inform and educate the community about SOD, get local community members involved in detecting the disease, and produce detailed local maps of disease distribution. From 2005 through 2018, SOD-blitz events have tested 1,905 samples in and around District lands. R-22-25 Page 2 SOD Status On District Land Within 0.25 Miles Grand Total Negative 403 622 1025 Positive 455 425 880 Total 858 1047 1905 The District uses these local maps to: 1) identify those areas where the infestation may be mild enough to justify proactive management and 2) as one criterion for determining the location and prioritization of fuel reduction work under the Wildland Fire Resiliency Program. The District has also used the data in successful grant applications to secure outside funding that supports multiple goals, including control of SOD, such as for the Los Gatos Creek Watershed Collaborative Forest Health Grant Project (https://www.lgwatershedhealth.com/) and through the State Coastal Commission’s Early Action Grant Program. Principal Investigator Dr. Matteo Garbelotto is an Adjunct Professor in Environmental Sciences at the University of California, Berkeley, and the Forest Pathology Specialist for the entire University of California system. He began his teaching and research career at Berkeley in 1996. Today, he is the head of the Forest Pathology and Mycology Lab, which he established in 2001 and where he supervises over 20 researchers and lab technicians. Dr. Garbelotto leads research in areas of interest to the District, including: • EXOTIC FOREST DISEASES: Uncovering the mechanisms behind invasions by exotic forest pathogens, and use of molecular tools to understand their biology, ecology, and epidemiology. • FUNGAL ECOLOGY: Use of beneficial and pathogenic fungi as model systems to understand issues of isolation by distance, island biogeography and community structure in relations to habitat size and age. • BIODIVERSITY and ALL TAXA INVENTORIES: Describing biodiversity and conservation of natural resources. Use of population genetics and phylogeographic studies to highlight how genetic diversity is structured (and ought to be maintained) within species. • MOLECULAR DIAGNOSTICS, GENOMICS: Testing the efficacy, sensitivity and reliability of new diagnostic tools for the detection and study of forest diseases. • MANAGEMENT OF FOREST DISEASES: Efficacy and longevity of direct chemical controls on forest diseases, with an emphasis on phosphonates because of their absence of environmental side effects. Also, understanding how horticultural (e.g., pruning, composting) and silvicultural (e.g., thinning) approaches may affect the epidemiology and impact of forest diseases and detecting possible natural resistance or tolerance to Sudden Oak Deaths in oaks, tanoaks and California bay laurel. • NATIVE FOREST DISEASES and INTERACTIONS WITH INSECTS: The relationships between the airspora and infection by root rot organisms, on the effects of stump creation on root rots and on the role played by insects in vectoring vascular diseases such as blackstain root disease. Scope of Work Under the proposed grant, the Forest Pathology and Mycology Laboratory would prepare, coordinate, and train participants in community SOD Blitz events. The Forest Pathology and Mycology Laboratory holds approximately 30 events each year, of which three are held within the District’s boundary (past events were hosted in Woodside, Saratoga Summit, and Montalvo R-22-25 Page 3 Arts Center). As part of these events, collected plant material 1 would be tested for the presence of the pathogen and results shared with the District via a written report and with the general public through their website at https://nature.berkeley.edu/matteolab/?page_id=6406. The SOD Blitz events are funded by the US Forest Service, State and Private Forestry, PG&E Foundation, and the National Science Foundation. Leveraging this funding, the District has been previously funding SOD Blitz events since 2017. At the February 9, 2022, Board meeting, staff discussed a recent local study that identified the presence of two fungal species associated with significant Bay Area-wide acacia mortality, including on San Francisco Public Utilities Commission (SFPUC) watershed lands. During a May 2021 inventory of the Irish Ridge are of Purisima Creek Redwoods Open Space Preserve, mortality and decline of trees was observed. The cause of this mortality remains undetermined; however, there is the potential for these fungal pathogens to occur at this site. Thus, and in addition to coordinating the SOD blitzes, Dr. Garbelotto is uniquely qualified to assist the District in reviewing management plans (especially restoration plans such as at Irish Ridge) and recommending forest health and resiliency Best Management Practices. FISCAL IMPACT The award of grant to the University of California, Berkeley, includes $165,500 to coordinate five annual Sudden Oak Death Blitz events and $7,500 to provide forest health and resiliency peer-review services for a total amount of $173,000 over 5 years. There are sufficient funds in the FY22 Budget to cover the cost of the recommendation through the end of the fiscal year. Funds for future fiscal year budgets will be proposed as a part of the annual Budget and Action Plan process. The recommended action is not funded by Measure AA. BOARD AND COMMITTEE REVIEW Sudden Oak Death 10-Year Update In February of 2016, staff presented to the Board of Directors the actions taken over the past ten years regarding SOD in the preserves and new information regarding related diseases. The Board authorize the General Manager to pursue additional SOD and related research and management responses (R-16-06, Minutes). Wildland Fire Program In May of 2021, the Board of Directors adopted a resolution certifying the Final Program Environmental Impact Report, adopted Findings of Fact, a Statement of Overriding Considerations, a Mitigation Monitoring and Reporting Program, and adopted the Wildland Fire Resiliency Program (R-21-58, Minutes). Award of Contract with Vollmar Natural Land Consulting for the Preparation of Habitat Restoration Plans for the Irish Ridge Area of Purisima Creek Redwoods Open Space Preserve On February 9, 2022, the Board authorized the General Manager to enter into a contract with Vollmar Natural Lands Consulting to provide ecological surveys, analysis, planning, and 1 Due to the federal quarantine and associated regulations (7 CFR 301.92 - 301.92-12), the Forest Pathology and Mycology Laboratory must destroy all collected plant material after testing. R-22-25 Page 4 permitting assistance for land restoration work at Purisima Creek Redwoods Open Space Preserve (R-22-17, draft minutes). PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE The District concludes that SOD surveys and reporting is categorically exempt from the California Environmental Quality Act (CEQA) under Article 19, Sections 15306: Section 15306 exempts basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded. NEXT STEPS Following Board approval, the General Manager would direct staff to enter into a funding agreement with the University of California to coordinate the annual SOD Blitz and provide for forest health and resiliency peer-review services in support of the District’s mission to protect and restore the natural environment. Attachment 1. Federal Quarantine Status Map Responsible Department Head: Kirk Lenington, Natural Resources Department Prepared by: Coty Sifuentes-Winter, Senior Resource Management Specialist, Natural Resources Graphics prepared by: Animal and Plant Health Inspection Service, United States Department of Agriculture Attachment 1 Rev. 3/15/21 R-22-24 Meeting 22-06 February 23, 2022 AGENDA ITEM 6 AGENDA ITEM Disposition of the Quam House and Accessory Structures GENERAL MANAGER’S RECOMMENDATION Retain the Quam residential structure for rental use and complete driveway repairs and culvert replacements, as specified by Waterways Consulting Inc., and minor structure repairs and cleanup at a total cost of no more than $350,000. However, if refined costs or bids come in above this cost, authorize the General Manager to demolish the Quam residence and accessory structures and perform site remediation for an estimated cost of $400,000. SUMMARY On November 1, 2018, the prior tenants vacated the former Quam residence located at Russian Ridge Open Space Preserve. The residence has remained vacant for the past three years due to poor access conditions of the approximately mile long driveway, making travel unsafe during inclement weather. Given long-term maintenance and repair costs to retain the residence, the Board of Directors (Board) directed staff to evaluate disposition alternatives and costs and present these to the Board to arrive at a long-term disposition decision. Staff evaluated two long- term options for Board consideration. Based on the cost-benefit analysis, if repair costs come in below $350,000, the General Manager recommends retaining and repairing the residence for rental use. However, if permitting discussions with San Mateo County elevate these costs or bids come in above this amount, the General Manager seeks authority to instead move forward with demolition of the structures and reseeding the area with native seed. BACKGROUND Property Description The former Quam residential site includes a single-family house constructed in 1977 (45 years old). The residence is less than 50 years old and not deemed historic. The residential area is comprised of several other structures and facilities (See Attachment 2): • 960 square foot house with one bedroom, two bathrooms • Four stall horse stable • Two car garage with office room and half bath • Large storage barn • Garden structure and storage shed with 1/8-acre fenced area • Wood storage lean-to structure R-22-24 Page 2 • An extensive driveway that is over a mile and half from Skyline Boulevard (8,233 feet); the first section serves several private residences and a complex of three District residences; the last 3,545 feet only serves this residence. Rental History and Driveway Condition The house was leased to a general public tenant until November of 2018. After the tenant vacated the property, staff determined that the driveway to the residence required significant maintenance repairs prior to selecting a new tenant. The driveway serving the Quam residence is approximately 3,545 linear feet further into the preserve from the Bergman residential compound and has experienced failures in past years. The driveway is the only vehicle accessible route in or out of the property and does not serve any other property management need. If and when needed, the driveway can provide seasonal patrol and fire access to this area of the preserve if maintained at a rural road standard and can provide year-round access if maintained at a residential road standard. There are no plans to extend or connect this driveway to an additional outlet, route, or destination. Rental Income Potential Staff estimate the potential income from the property to be $2,000 per month at gross market rate. The house could serve as an employee housing unit (25% percent discount from market) depending on employee interest or as general public housing (market rate). Due to its remote location, the residence would not be considered a good candidate for employees providing services (e.g., public safety emergency or maintenance staff call outs). District staff have previously expressed interest in this house as a potential housing opportunity; however, interest may change and may not always result in an employee entering into a lease. Required Driveway Improvements In March 2019, staff retained Waterways Consulting Inc., to prepare construction documents for improvements to the entire driveway beginning at Skyline Boulevard and terminating at the Quam residence. The construction documents divided the project into two sections: north and south. The north section stretches from Skyline Boulevard to the Bergman Residences; the south section extends from the Bergman residence to the Quam residence. Improvements identified are typical of ranch roads and include culvert replacement, grading, and road surfacing (rocking). The south section scope of work, from Bergman to Quam, was estimated to cost $204,216 in 2019 (equivalent to $260,000 in 2023 costs). If the residence is retained, these driveway repairs will be necessary to maintain year-round residential access. Due to staff turnover, the onset of COVID-19, and early pandemic uncertainty regarding future budget constraints, the entire driveway improvement project was temporarily deferred until 2021. On October 23, 2021, the Board approved a contract to complete driveway improvements from Skyline Boulevard to the Bergman property (R-21-134). This work is currently underway. As part of prior action plan reviews, the Board directed staff to return with disposition options and costs for the Quam residence to guide future next steps for this site, including whether to proceed with driveway improvements for the lower section. DISCUSSION Disposition Options Board policy 4.02 Improvements on District Lands provides for five categories of infrastructure on District lands: R-22-24 Page 3 1. Site protection, management, and stewardship 2. Public utilization 3. Contributes to the character of the site 4. Agricultural or other special uses 5. Income sources The Quam residence falls into two of these categories: #1 as a potential employee residence and #5 as an income source. Therefore, its viability can be evaluated by comparing potential revenue over the next 25 years as general employee housing to the cost of maintaining the driveway and residence versus the cost of demolition and no revenue. Board policy 4.09 Factors to Consider for Disposition of Structures provides a series of decision-making factors to consider for the disposition of structures. An evaluation of each factor relative to this residence is included below followed by a description of the disposition options. Factors to Consider for Structures: Evaluation/Conclusion A. Board-Adopted District Policies Per Basic Policy, rental residences may be allowed when it does not utilize significant areas of natural land, does not unduly impact natural or aesthetic resources, does not unreasonably restrict public access, and provides benefits or income to the District. B. Compatibility with Open Space Character of the Site Minimal Impact - May detract from natural surroundings but is not visible from most vantage points. C. Historic and Educational Value None - structures are not historic and do not provide interpretive or educational value. D. Partnership Opportunities / Cooperation None E. Potential Financial Cost, Including Liability and Management See further below F. Proposed and Potential Uses Residential employee or public rental G. Public Sentiment and Input None - no public input has been received and staff is not aware of any strong public interest. H. Regional Important or Value None I. Strategic Fit Minimal: nine (9) District-owned residences that are in good condition already exist within three miles of the site; may provide general District employee housing to aid in future employee recruitment and retention. J. Tradeoffs and Impacts on District Resources Cost benefit analysis and tradeoffs is discussed further below in the report. K. Visitor Experience None L. Condition of the Structure The structures are in good condition; the driveway is in poor condition. Based on the evaluation above, the primary factors for consideration for this structure are (1) the financial costs, (2) the tradeoffs and impacts on District resources, (3) potential revenue, and (4) use as general employee housing to support recruitment and retention. R-22-24 Page 4 Option 1: Retain the Quam Residence; Repair Driveway and Residence The construction documents prepared by Waterways Consulting Inc., can be used to prepare a Request for Bids from qualified road/driveway construction contractors. Using the State Department of General Services California Construction Index and annual escalation costs, the driveway repairs are estimated to cost $260,000 using 2023 dollars. Staff anticipate an additional $20,000 to complete minor structure repairs and cleanup of the residence buildings, plus $10,000 in overall permit fees. To account for other potential hidden costs, a 15% contingency is added ($43,500), for a total project cost of $333,500. Project permitting can be initiated as early as this spring to allow construction in Summer 2023. Permitting Uncertainty At this time, it is uncertain what permit conditions may be placed on the driveway to complete the repairs. If permits trigger fire vehicle turn-arounds and turn-outs, the cost of the driveway repair could substantially increase. Option 2: Remove the Quam Structures Under this option, staff would proceed directly with the removal of all existing structures and reseed the site to match the surrounding open space environment (See Attachment 2). Based upon the recent Bergman Demolition project, staff estimates the total cost of removal to be $300,000 to $400,000; costs reflect the long access driveway that remains in poor condition to bring in equipment and off-haul the materials. Cost-Benefit Analysis for Each Option The following table estimates the 25-year costs and revenues for maintaining the residence. Demolition costs were based on the cost of the nearby Bergman demolition contract (~$91,000 at about one-quarter (¼) the size, located closer to Skyline Boulevard, and excludes a well decommissioning). The high end of the estimated range is used for comparison. Costs for structure repairs and cleanup are based on an average $5,000 a year for a typical District residence. Structure maintenance includes plumbing repairs, HVAC service, sewer/septic system maintenance, chimney sweeping, rodent control, and well and water system testing. Although the Quam residence is currently in good working order, future capital repair and replacement projects, such as roof replacement (~$25,000), appliance replacement, such as HVAC and water heater (~$7,500), and window replacement (~4,000) will need to be budgeted as part of ongoing operational costs. The estimated total capital cost for the Quam House over the next 25 years is $36,500. The total cost for structure upkeep over 25 years is $161,500. This does not include administrative staff time to manage or marginal cost to insure the property. Driveway repair costs are based on an engineer’s estimate with a cost escalation to 2023. Ongoing driveway maintenance for year-round residential access is based on $5,000 a year for grading and rock, and $1,000 a year in staff time for regular checks and cleaning of culverts, removing sluffed earth from road edges caused by winter storm events, and tree clearing. If the structures are demolished the driveway will be left in place as a seasonal access road but will not be a priority for maintenance, so the ongoing cost would just be $1,000/year, with the understanding that if there is significant damage to the road it will likely not be repaired. An initial investment ($20,000 in crew time) to install larger drainage swales that are typical of non- residential preserve roads would be completed to reduce future maintenance needs. R-22-24 Page 5 Rental revenue is based on $1,500 per month at a 25% employee discount off the estimated $2,000 per month market rate, assuming an estimated 5% vacancy. All figures are expressed in 2023 dollars for comparison purposes. While ongoing residential/driveway maintenance will increase over time, the rental income will also increase over time. Over 25 years, an additional $142,500 of revenue could be generated if the residence was rented to the public at full market. Per Board policy, employees are initially given preference over the general public; renting this residence to the public would be a secondary option if there was no employee interest. The Cost-Benefit Analysis table below indicates that the residence would operate at a loss to the District over a 25-year time frame but would be less expensive than demolition when offset by rental revenue, assuming the repair costs come in as estimated. Cost-Benefit Analysis Option 1 Repair Road1 Option 2 Demolition1 Demolition and Grading ($400,000) Driveway and Structure Repairs ($333,500) 25 Years of Structures Maintenance ($161,500) 25 Years of Driveway Maintenance ($150,000) ($45,000)2 25 Years of Rental Revenue (assumes as employee housing at 75% of market rate) $427,500 Total 25 Year Cost or Revenue ($217,500) ($445,000) 1.All costs in 2023 dollars no escalation is included for rent or ongoing costs 2.Estimated cost to maintain marginally as a seasonal road – note that this is for an operational cost not associated with the residence Natural Resources Considerations Natural Resources staff evaluated the site to determine if there were natural resource benefits that could be gained from the removal of structures and cessation of daily residential use of the driveway. Staff noted purple star thistle currently exists along the driveway, therefore measures should be taken to avoid spread of this invasive species. Continued use of the road and residential area could increase risk of invasive species and pathogen introduction and spread. There are historical occurrences of San Francisco Garter Snake (SFGS) nearby at Rapley Ranch and an unconfirmed sighting at the Bergman residential complex. Natural Resources staff describe the area as having ‘low potential’ for SFGS to be encountered. Nonetheless, resource management training for any tenant should be provided if the residence is retained. Repair work would follow protective SFGS/California red-legged frog provisions. Staff conducted preliminary bat surveys and found low potential for bat use if the property does not stay vacant much longer. Badger and burrowing owl are present in the area; however, continued residential use would not impact these species unless new development occurs. Housing Program Considerations Neither retaining nor removing the Quam Residence would significantly impact the District’s Housing Program. Currently, 50% of all District housing is located on Skyline Boulevard from Highway 9 to Highway 92 – a total of 17 units. Of these units, eight house District staff that provide services, and two house staff that do not provide services. Moreover, nine housing units are located within three miles of the Quam Residence. R-22-24 Page 6 Recommendation: Retain and repair if costs are under $350,000, otherwise authorize removal The General Manager recommends retaining the Quam residence for rental use and completing the necessary driveway repairs and culvert replacements and minor structure repairs and cleanup at a total cost of no more than $350,000. However, if refined costs or bids come in above this cost, such as due to the addition of costly County permitting requirements, the General Manager seeks Board authorization to pivot and instead demolish the Quam residence and accessory structures and perform site remediation for an estimated cost of $400,000. FISCAL IMPACT The FY22 adopted budget includes $207,000 for the 61026 - Quam Residence Road Repair project. If the Board authorizes retaining and repairing the structure and driveway, the work will likely take place in FY22 and FY23. There are sufficient funds in the adopted FY22 Budget for anticipated expenditures in FY22 for option 1. Funds for future fiscal years will be recommended in future fiscal year budgets as a part of the annual Budget and Action Plan process. 61026 - Quam Residence Road Repair FY22 Projected FY23 Projected FY24 Projected Estimated Future Years TOTAL Option 1: Repair Driveway and Residence $48,500 $285,000 $0 $0 $333,500 Option 2: Remove Existing Structures and Restore Site $0 $400,000 $0 $0 $400,000 The recommended action is not funded by Measure AA. BOARD AND COMMITTEE REVIEW There was no prior Board or committee review of this item. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE Review of the disposition options is not subject to the California Environmental Quality Act (CEQA). An appropriate level of CEQA review will be conducted following the selection of an option by the Board and before the option is implemented. NEXT STEPS If approved, the General Manager will direct staff to proceed with repairs and remain informed as to the future refined costs to confirm the direction. Attachments 1. Quam Driveway 2. Quam Residence 3. Site photos Responsible Department Head: R-22-24 Page 7 Brandon Stewart, Land and Facilities Manager Prepared by and contact person: Omar Smith III, Senior Property Management Specialist, Land and Facilities Midpeninsula Regional Open Space District (MROSD) 10/15/2021 0 0.20.1 miI 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. Attachment 1: Quam Driveway Building Present Trail (classes) Unpaved All-Season Road Unpaved Seasonal Road Trail Abandoned / Unmaintained Road Preserve Boundary (fill) Da t a S o u r c e ( s ) : E s r i , H E R E , G a r m i n , ( c ) O p e n S t r e e t M a p c o n t r i b u t o r s , a n d t h e G I S u s e r c o m m u n i t y Omar Smith ÄÆ17 ÄÆ82 ÄÆ101 ÄÆ236 ÄÆ9 ÄÆ84 ÄÆ1 ÄÆ35 ÄÆ280 ÄÆ85 Campbell Redwood City East Palo Alto Los Altos Mountain View Palo Alto Menlo Park Cupertino Saratoga Los Gatos Milpitas Santa ClaraSunnyvale San Jose Attachment 1 Attachment 2 Site Photos Site Exterior Site Exterior Attachment 3 Site Interior Site Road Condition Attachment 3 Rev. 3/15/21 R-22-23 Meeting 22-06 February 23, 2022 AGENDA ITEM 7 AGENDA ITEM Disposition of the Smith House and Smith Barn GENERAL MANAGER’S RECOMMENDATION Approve the demolition of the Smith House and Barn at a cost of approximately $250,000 and the associated Comprehensive Use and Management Plan Amendment that reflects this decision due to the deteriorated condition of the buildings and other factors as detailed in the staff report. SUMMARY In November 1989, the Midpeninsula Regional Open Space District (District) purchased the former Smith Property as an addition to Russian Ridge Open Space Preserve. The purchase included the Smith House and Smith Barn. The Smith House, which has been vacant since January 2021, is in marginal condition and requires significant improvements and investments to make habitable again. The poor condition of the house is due to the extended tenancy of one family since 1993, the exposure to extreme weather conditions given its location on top of a ridge, and the fact that during the last year of tenancy, the tenant refused access to the District to fix maintenance issues. The private driveway/road leading to the Smith House also requires significant improvements. The nearby Smith Barn is also in a dilapidated state. For these reasons, the General Manager recommends removal of the Smith House and Smith Barn. If approved, demolition work would begin next fiscal year with funds added to the proposed Fiscal Year 2022-23 (FY23) Budget. BACKGROUND On November 1, 1989 (R-89-155), the District approved the purchase of the 48.66-acre former Smith Property as a ridgetop parcel addition to Russian Ridge Open Space Preserve. This property is located at 105 Rapley Ranch Road adjacent to Mount Melville. With the purchase came a 5-bedroom house (Smith House) located at the summit and a defunct wooden barn (Smith Barn) located on the northern end of the property. See Attachment 1 for site maps. The knoll where the Smith House is located offers panoramic views of the Bay Area in all directions, including the Pacific Ocean, San Francisco and Oakland, and the South Bay. Given its prominent setting, the house is also highly visible from other locations in the preserve and beyond, including from preserve trails. Public trail access via a segment of the Ridge Trail extends below the house and next to the barn; the public trail uses the lower/northern end of the driveway before it veers separately to the south. There is no public access to the house site, and no developed access to the summit of Mount Melville. R-22-23 Page 2 Smith House The Smith House is a 5-bedroom, 2,700 square foot house located at 105 Rapley Ranch Road. The residence was constructed in 1977 and does not meet the 50-year threshold for historic significance. The Smith House was continuously leased for 27 years to a member of the public until December 31, 2020. The house requires an abundance of deferred maintenance repairs to prepare the residence for new tenants, including repairs/replacement of the roof, siding, windows, doors, floors, and painting. The estimated repair cost is approximately $400,000. Smith Barn The Smith Barn is a 1,300 square foot wood barn that is used by the District for interim storage of old agricultural equipment that the District has inherited as part of land purchases. If approved for demolition, the farm implements will be relocated to other District storage buildings. In January 2022, LSA Associates, Inc., conducted a cultural resource assessment of the barn (Attachment 2) and concluded that the structure is approximately 30 years old due to its contemporary design and conventional building materials. Based on these facts, the structure does not qualify as an historical resource for the purposes of CEQA. The barn is in a dilapidated condition and would require approximately $150,000 to $200,000 of improvements and stabilization repairs to meet current codes and retain for ongoing use. DISCUSSION As part of the District’s on-going effort to effectively manage site improvement that are inherited as part of open space land purchases, such as buildings, barns, and utility structures, staff have evaluated disposition options and costs for the Smith House and Smith Barn based on their current condition. Board Policy 4.09, Factors to Consider for Structures Disposition, provides a series of decision-making factors to consider for the disposition of structures. An evaluation of each factor relative to the Smith structures is included below followed by a description of the disposition options. Factors to Consider for Structures: Evaluation / Conclusion A. Board-Adopted District Policies Per Basic Policy, rental residences may be allowed when it does not utilize significant areas of natural land, does not unduly impact natural or aesthetic resources, does not unreasonably restrict public access, and provides benefits or income to the District. The cost-benefit analysis and other factors indicate demolition is a viable option. B. Compatibility with Open Space Character of the Site Poor: house structure sits in a prominent viewshed and is visible from surrounding open space lands and trails. C. Historic and Educational Value None: structures are not historic and do not provide interpretive or educational value. D. Partnership Opportunities / Cooperation None E. Potential Financial Cost, Including Liability and Management See details below F. Proposed and Potential Uses House, if repaired, can continue to be used as a tenant residence; barn, if repaired, can continue to be used for storage. R-22-23 Page 3 Factors to Consider for Structures: Evaluation / Conclusion G. Public Sentiment and Input None: no public input has been received and staff is not aware of any strong public attachment. H. Regional Important or Value None I. Strategic Fit Minimal: nine (9) District-owned residences that are in good condition already exist within three miles of the site; may provide general District employee housing to aid in future employee recruitment and retention. J. Tradeoffs and Impacts on District Resources Cost benefit analysis and tradeoffs is discussed further below in the report. K. Visitor Experience Prominent location on a ridgetop detracts from the visitor experience; presence also impedes opportunity to consider opening summit to public access. L. Condition of the Structure Currently uninhabitable given deteriorated condition. The barn is also in poor condition, with signs of major exterior wear. Disposition Options Option 1: Retain and Repair the Smith House and Barn ($806,000 total cost) To make the Smith House habitable for rental, staff estimates the total cost at approximately $400,000 to repair the roof and siding, replace flooring and windows, remodel the kitchen, new interior and exterior paint, and other improvements. The barn is estimated to require approximately $200,000 in repairs and stabilization work to retain for ongoing use. Costs for the house and barn exclude staff resources to manage the repairs. The driveway (0.7 miles) leading from the barn to the house received $25,000 in deferred maintenance repairs in January 2017; staff estimates an additional $206,000 is needed for a full repair to provide year-round residential access. Driveway repair costs would go up if San Mateo County permits require additional unanticipated upgrades (e.g., widening, pull-outs). Based on financial records of the last ten years, the recorded rental income since 2012 from the Smith House was $333,238. Option 2: Remove the Smith House Demolition of the Smith House would include the removal of all structures; removal or abandonment of the septic system; and minor grading work and use of native seed to stabilize the area. Staff estimates the cost of removing the Smith House and Smith Barn to be $250,000 based on recently completed similar projects. Cost-Benefit Analysis for Each Option The following table compares the net cost for each option. If major capital repairs are made to the house, then the anticipated ongoing maintenance cost will be lower than the previous history of $165,203 over 10 years at more than $16,500/year. Due to the larger size of the Smith house, the anticipated routine upkeep is $6,000/year ($5,000/year for a typical District residence), or $150,000 over 25 years, plus another $55,000 for one-time major capital repairs, for a total of $205,000 expected over 25 years. Structure maintenance includes plumbing repairs, HVAC service, sewer/septic system maintenance, chimney sweeping, rodent control, and well and water system testing. Appliances will also need to be replaced. Painting, and window and roof repairs R-22-23 Page 4 are expected to occur more frequently due to the known exposed location of the residence. This does not include administrative staff time to manage or the marginal cost to insure the property. If the structure is retained, it would not be needed as a serviced-based employee residence for emergency call outs given eight other nearby service-based employee residences. Therefore, per Board Policy 4.11, it would be offered to a general employee. The estimated rental revenue is based on $2,801 per month at a 25% discount off the $3,734 market rate and assumes a 5% vacancy rate. All figures are expressed in 2023 dollars for comparison purposes. While ongoing residential/driveway maintenance would increase over time, the rental income would also increase over time. Cost Items Retain and Restore Residence and Driveway Remove Residence1 (General Manager Recommendation) Retain and Restore Barn Remove Barn1 (General Manager Recommendation) Structure Demolition and Grading ($150,000) ($100,000) Structure Repair ($400,000) ($200,000) Driveway Repair ($206,000)5 25 Years of Residence Maintenance ($205,000) 25 Years of Driveway Maintenance ($50,000)2 ($20,000)3 Rental revenue for 25 years (at 25% market discount)4 $798,285 Total 25 Year Cost or Revenue ($62,715) ($170,000) ($200,000) ($100,000) 1. All costs are in 2023 dollars 2. Estimated cost to maintain all season road to serve the residence. 3. Estimated cost to maintain as a seasonal patrol access road and trail. 4. 2021/2022 full market rate is $3,734/month. Per Board policy 4.11 Housing Policy, general employee housing may be subject to rental discounts of up to 25% off market rate. This discount is based on the value of recruitment and retention of employees in the Bay Area housing market. 5. The cost of the driveway repair is an estimate for construction and county grading permit requirements. Natural Resources and Public Access Considerations Removing the non-historic, deteriorated structures and returning the site to its natural state would enhance habitat by eliminating potential wildlife entrapment hazards and restoring a developed area to natural habitat. The summit offers spectacular 360-degree views of the Bay Area and is a part of the prominent greenbelt of Russian Ridge Open Space Preserve. The driveway provides a readymade trail connection to consider opening in the future for public access as an extension of the Bay Area Ridge Trail to Mount Melville. Visitors prize access to scenic hill tops as destinations for a hike or bike ride as demonstrated by the popularity of nearby Borel Hill and Windy Hill. The proposed action to remove the house and barn is consistent with the District’s R-22-23 Page 5 mission to restore the natural environment and provide opportunities for ecologically sensitive public enjoyment and education. Housing Program Considerations Removal of the Smith House would not impact District housing along Skyline Boulevard. Currently, 50% of all District housing is located on Skyline Boulevard from Highway 9 to Highway 92 – a total of 17 units. Of these units, eight house District staff that provide services, and two house staff that do not provide services. Moreover, nine housing units are located within three miles of the Smith House. Recommendation: Demolition of the Smith House and Smith Barn The General Manager recommends the removal of the Smith House and Smith Barn, as they are not historically significant, are located on a highly prominent and visible ridge that detract from the surrounding open space and natural environment and the visitor experience of the preserve, are in poor condition, and require significant investments to repair and maintain. Also, given the presence of nine other District housing structures in the area, there already exists sufficient onsite District presence (eyes and ears to monitor lands during off hours/presence to service on-call needs) within the Skyline area. If approved, the footprints of the removed structures would be returned to a more natural state using native seed. COMPREHENSIVE USE AND MANAGEMENT PLAN AMENDMENT A Preliminary Use and Management Plan (PUMP) was approved by the Board when the property was first purchased (R-90-06). The PUMP established that the Smith property would be withheld from dedication and public use, with the recommendation that the homesite be marketed as a long-term or life interest for both the home and barn. The PUMP took effect at the close of escrow and remained effective until a subsequent Comprehensive Use and Management (U&M) Plan was approved on June 6, 1991 (R-91-69). The Comprehensive U&M Plan specified continued use of the residence and barn as a long-term lease. If the Board approves the removal of the Smith House and Barn, the following amendment to the Comprehensive U&M Plan is required (deletions are shown in strikeout, additions are shown in underline). Structures: Staff will continue to seek a long term lease arrangement for the former Smith house. Conditions for screening the house with native vegetation from view of the adjacent preserve areas and adjacent neighbors will be included in the lease. Contract for demolition of the Smith residence and barn; revegetate site using native seed. FISCAL IMPACT If approved, the proposed demolition work would take place in FY23 with funding included in the upcoming budget. The table below shows a comparison of costs for Driveway and Structure Repair and Structure Demolition and Grading: Structure Disposition 35010 FY23 Projected FY24 Projected Estimated Future Years TOTAL Driveway and Structures Repair $406,000 $400,000 $0 $806,000 House and Barn Demolition and Grading $250,000 $0 $0 $250,000 R-22-23 Page 6 The recommended action is not funded by Measure AA. BOARD AND COMMITTEE REVIEW There was no prior Board or committee review of this item. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE The proposed Smith demolition project is consistent with the Initial Study / Mitigated Negative Declaration (IS/MND) for the Open Space Maintenance and Restoration Program (Program) (SCH #2021080129) and in compliance with the California Environmental Quality Act (CEQA). The residence was constructed in 1977 and does not meet the 50-year age threshold for historic significance. LSA Associates, Inc., conducted a cultural resources constraints assessment of the barn and concluded the structure appears approximately 30 years old due to its contemporary design and conventional building materials. Based on these facts, neither structure qualifies as a historical resource for the purposes of CEQA. The District developed the Open Space Maintenance and Restoration Program to provide an integrated approach for maintenance and low-impact facility improvements that applies a consistent set of impact avoidance methods and best management practices (BMPs). The Program includes a category of Restoration and Enhancement projects to improve or create habitat for plant and animal species and to restore ecosystem function within District Preserves. The Program identifies structural demolitions in sensitive areas as a form of habitat enhancement under the Restoration and Enhancement Program category. The Project site is located within habitat for the federally threatened California red-legged frog. The District has also documented observations of federally endangered San Francisco Garter Snake near the barn. Removal of the structures at 105 Rapley Ranch Road would enhance habitat by eliminating potential wildlife entrapment hazards and restoring a developed area to natural habitat. Other project activities, including seeding the building site with native plants and conducting invasive pest management activities, would also contribute to habitat restoration and enhancement. The District determines that the demolition of the structures is consistent with the activities and determinations established in the Program IS/MND for the Open Space Maintenance and Restoration Program and would not result in new or more severe significant environmental impacts, nor would the Project require additional mitigation measures. NEXT STEPS If the Board approves the demolition of the Smith House and Smith Barn, staff will complete the Demolition Permit through the County of San Mateo and prepare to solicit bids to complete the demolition and removal work in FY23. R-22-23 Page 7 Attachments: 1. Smith Property Site Map and Site Photos 2. Smith Barn Constraints Assessment, (LSA Associates, Inc., 2022) Responsible Department Head: Jason Lin, Engineering and Construction Manager Prepared by / Contact person / Graphics prepared by: Ivana Yeung, Capital Projects Manager II, Engineering and Construction Midpeninsula Regional Open Space District (MROSD) 2/9/2022 0 0.850.425 miI 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. Skyline Boulevard Residences Building Present Demolished Trail (classes) Other Paved Road Unpaved All-Season Road Unpaved Seasonal Road Trail Abandoned / Unamaintained Trail Abandoned / Unmaintained Road Preserve Boundary (fill) Da t a S o u r c e ( s ) : S o u r c e s : E s r i , A i r b u s D S , U S G S , N G A , N A S A , C G I A R , N R o b i n s o n , N C E A S , N L S , O S , N M A , G e o d a t a s t y r e l s e n , R i j k s w a t e r s t a a t , G S A , G e o l a n d , F E M A , I n t e r m a p a n d t h e G I S u s e r c o m m u n i t y Web AppBuilder for ArcGIS Quam Residence Smith Residence Attachment 1 RR07A RR07 Mt. Melville 2,190' Smith House Barn Rid g e T r a i l Rap l e y R a n c h R o a d Rap l e y R a n c h R o a d Ri d g e T r a i l Midpeninsula Regional Open Space District (MROSD) 2/15/2022 0 0.10.05 mi I 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. Smith Property Structures Da t a S o u r c e ( s ) : S o u r c e : E s r i , M a x a r , G e o E y e , E a r t h s t a r G e o g r a p h i c s , C N E S / A i r b u s D S , U S D A , U S G S , A e r o G R I D , I G N , a n d t h e G I S U s e r C o m m u n i t y Web AppBuilder for ArcGIS Gate Present Stile Present Landmark Peak Building Present Trail (classes) Unpaved All-Season Road Trail Abandoned / Unmaintained Road Attachment 1 Smith House Exterior, South Elevation. Smith House, North Elevation. Attachment 1 Smith House Exterior, West Elevation. Smith House Interior. Attachment 1 Smith House Interior. Attachment 1 Smith Barn Exterior, East Elevation. Smith Barn Exterior, West Elevation. Attachment 1 Smith Barn, Interior. Attachment 1 CARLSBAD FRESNO IRVINE LOS ANGELES PALM SPRINGS POINT RICHMOND RIVERSIDE ROSEVILLE SAN LUIS OBISPO 157 Park Place, Pt. Richmond, California 94801 510.236.6810 www.lsa.net January 7, 2022 Ivana Yeung, AICP Capital Project Manager II Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Subject: Built Environment Resource Constraints Assessment for the Smith Barn, 105 Rapley Ranch Road, Russian Ridge Open Space Preserve, La Honda, unincorporated San Mateo County, California (LSA #: MOS2101; Task 03) Dear Ms. Yeung: LSA Associates, Inc. (LSA), conducted a cultural resources constraints assessment of a barn structure (Smith Barn) at 105 Rapley Ranch Road (APN 078-210-100) in the Russian Ridge Open Space Preserve north of the unincorporated San Mateo County community of La Honda (study area) (Figure 1 and 2). This constraints assessment provides background information the design, construction history, and status of the Smith Barn under national, state, and local historical resource listings and inventories for the purposes of the California Environmental Quality Act (CEQA). The constraints assessment consisted of background research, including a records search, a map and literature review, and a field review by an LSA architectural historian who meets the Secretary of the Interior’s Professional Qualification Standards in History and Architectural History (36 CFR Part 61). Please note that this constraints assessment does not include any eligibility evaluations (i.e., eligibility for inclusion in the National Register of Historic Places (NRHP), the California Register of Historical Resources (CRHR), or a local inventory or register of historical resources). Archaeological and paleontological resources were not included in this constraints assessment. Michael Hibma, M.A., AICP, prepared this Constraints Assessment. Mr. Hibma is an architectural historian in the Point Richmond, California, office of LSA and has over 14 years of experience in cultural resources management. Mr. Hibma holds an M.A. in History from California State University, Sacramento; meets the Secretary of the Interior’s Professional Qualifications Standards as an architectural historian and historian (48 CFR 44716); and is certified by the American Institute of Certified Planners (AICP #32009). The methods and results of these tasks are presented below. Attachment 2 1/7/22 P:\MOS2101 MidPen Historical Resources On-Call\Task_03_Smith_Barn\Constraints_Assesment\Smith_Barn_Constraints_Assessment_(LSA_1.7.22).docx 2 BACKGROUND RESEARCH Records Search At the request of LSA, staff at the Northwest Information Center (NWIC) in Rohnert Park conducted a records search (File No. 21-0899) on January 7, 2022, of the study area and a 250-foot radius to identify built environment cultural resources. The NWIC, an affiliate of the State of California Office of Historic Preservation, is the official State repository of cultural resource records and reports for San Mateo County. As part of the records search, LSA also reviewed the following state inventories for cultural resources in and adjacent to the study area: • California Inventory of Historic Resources1; • Five Views: An Ethnic Historic Site Survey for California 2; • California Points of Historical Interest3; • California Historical Landmarks 4; and • Built Environment Resources Directory.5 Results. The NWIC records search identified no previously evaluated resources within the study area and a 250-foot radius. Literature and Map Review LSA reviewed the following maps, publications, and websites for historical information about the study area and its vicinity: • Mindego Hill, Calif., 7.5-minute topographic quadrangle;6 • A People’s Guide to the San Francisco Bay Area;7 1 California Department of Parks and Recreation, 1976. 2 California Office of Historic Preservation, 1988. Electronic document, https://www.nps.gov/parkhistory/online_books/5views/5views.htm, accessed various 3 California Office of Historic Preservation, 1992. 4 San Mateo County. California Office of Historic Preservation, 2021a. Electronic document, https://ohp.parks.ca.gov/ListedResources/?view=county&criteria=41, accessed various. 5 San Mateo County. California Office of Historic Preservation, 2021b. This directory includes NRHP, CRHR listings, California Historical Landmarks, and California Points of Historical Interest. Electronic document, https://ohp.parks.ca.gov/?page_id=30338&fbclid=IwAR0llwakK0TWEKbwaJaRY6N64TdqxXB64bN4kJTcLB _9ONg5Md9t2f88gLs, accessed various. 6 U.S. Geological Survey, 1955, 1961, 1968, 1973, 1980, 1991, and 1997. Electronic document, https://livingatlas.arcgis.com/topoexplorer/index.html, accessed various. 7 Brahinsky, Rachel and Alexander Tarr. 2020. A People’s Guide to the San Francisco Bay Area. Univ. of California Press, Berkeley Attachment 2 1/7/22 P:\MOS2101 MidPen Historical Resources On-Call\Task_03_Smith_Barn\Constraints_Assesment\Smith_Barn_Constraints_Assessment_(LSA_1.7.22).docx 3 • An Architectural Guidebook to San Francisco and the Bay Area;8 • Architecture of the San Francisco Bay Area: A History & Guide;9 • San Francisco Architecture: The Illustrated Guide to Over 1,000 of the Best Buildings, Parks, and Public Artworks in the Bay Area;10 and • San Francisco Architecture: An Illustrated Guide to the Outstanding Buildings, Public Artworks, and Parks in the Bay Area of California.11 Results. Historic-period topographic quadrangle maps indicate that the study area and vicinity was located in a relatively undeveloped rural area. The study area is depicted containing a large, rectangular-shaped building or structure with a small addition at the southwestern corner. This presumably represents an earlier and original configuration of the Smith Barn. This configuration remains intact and depicted on topographic maps through 1980 (USGS 1955, 1961, 1968, 1973, 1980). By 1991, the barn as depicted in 1955 and through 1980 is replaced with a smaller, square shape that appears to depict the extant Smith Barn building. A review of local and regional architectural guidebooks did not identify any notable architectural or built environment resources within or adjacent to the study area. FIELD SURVEY LSA Architectural Historian Michael Hibma reviewed the exterior of the two buildings in the study area on December 22, 2021. The purpose of the review was to characterize the building’s design, style, and identify prior structural alterations. The field survey was documented in field notes and photographs taken with an Olympus Stylus Tough TG-4, 16-megapixel digital camera, see attached for several images taken during the field survey. Results Smith Barn. Based on its form and design, the Smith Barn building was built circa 1990 as a small, agricultural outbuilding containing four separate commercial spaces organized around a central courtyard. The single-story commercial building is covered with medium-pitched shed roof, sheathed in asphalt roofing, and slopes to the west. The walls are clad in unpainted plywood sheeting. The symmetrical, main façade has modern aluminum-framed sliders. The primary entrance is in the center of the west-facing façade and consists of a five-panel wooden door that appears salvaged from an older building. The interior of the building has a concrete floor that appears relatively recent. The walls and roof framing appears relatively new and incorporates modern 8 Cerny, Susan Dinkelspiel. 2007. An Architectural Guidebook to San Francisco and the Bay Area. Gibbs-Smith, Publisher, Layton Utah 9 Schwarzer, Mitchell. 2007. Architecture of the San Francisco Bay Area: A History & Guide. William Stout Publishers, San Francisco, California 10 Woodbridge, Sally B., John M. Woodbridge and Chuck Byrne. 1992. San Francisco Architecture: The Illustrated Guide to Over 1,000 of the Best Buildings, Parks, and Public Artworks in the Bay Area. Chronicle Books, San Francisco, California 11 Woodbridge, Sally B. and et al. 2005. San Francisco Architecture: An Illustrated Guide to the Outstanding Buildings, Public Artworks, and Parks in the Bay Area of California. Ten Speed Press, Toronto, Canada Attachment 2 1/7/22 P:\MOS2101 MidPen Historical Resources On-Call\Task_03_Smith_Barn\Constraints_Assesment\Smith_Barn_Constraints_Assessment_(LSA_1.7.22).docx 4 materials and building techniques. The barn is used as storage space, primarily of vintage agricultural equipment. The extant Smith Barn appears as a detached, standalone single-story wing of a larger transverse crib-style barn, a common barn typology in California that may have resembled the earlier barn depicted on USGS topographic quadrangle maps. The field survey shows the extant Smith Barn is of wholly new construction and not a rehabilitated structural remnant of the earlier and older Smith Barn destroyed by 1990. CONCLUSION The constraints assessment identified one built-environment cultural resource in the study area: the Smith Barn at 105 Rapley Ranch Road. It has not been previously evaluated for eligibility for inclusion in a national, state or local register of historical resources. Background research and a field review indicates this building is a common secondary building type in agricultural or rural areas in San Mateo County and statewide. This building is contemporary in design and constructed using conventional materials and information about its design and construction methods are widely available. This building appears approximately 30 years old and would appear to be of insufficient age to warrant evaluation for inclusion in the California Register of Historical Resources. Based on these facts, LSA concludes that this building does not appear to qualify as a historical resource for the purposes of CEQA due to a lack of sufficient age, contemporary design, and use of commonly available materials.12 Further study of this building with respect to status as a historical resource for the purposes of CEQA is not recommended. Sincerely, LSA Associates, Inc. Michael Hibma, M.A., AICP Associate/Architectural Historian Attachments: Figure 1: Study Location & Regional Vicinity Figure 2: Study Area Site Conditions – 12/22/2021 12 The California Register of Historical Resources does not stipulate a 50 year (or any specific # year or age) threshold for evaluating historical significance. According to the California State Office of Historic Preservation (OHP), the 50-year rule “originally comes from 36 Code of Federal Regulations 60.4 which pertains to the National Register,” OHP guidance goes on to state, “the California Register criteria (CCR Section 4852) state that in order for a resource to achieve significance within the past 50-years, sufficient time must have passed to obtain a scholarly perspective on the events or individuals associated with the resource [emphasis added].” As this project does not involve federal funding or permitting, evaluation using the NRHP 50-year threshold is not applicable. OHP guidance: https://ohp.parks.ca.gov/pages/1071/files/CEQA-Understanding-50year-Threshold-VI.pdf. Attachment 2 ! Alp i ne R d ST35 !S a n t a C l a r a S a n t a C l a r aC o u n t y C o u n t y A l a m e d a A l a m e d aC o u n t y C o u n t y S a n M a t e o S a n M a t e oC o u n t y C o u n t y Study Area (Smith Barn) Project Location SOURCE: ESRI World Street Map (2020). I:\MOS2101\GIS\Maps\Cultural\Figure 1_Study Location and Regional Vicinity.mxd (12/8/2021) FIGURE 1 Smith Barn Built Environment Resource Constraints AssessmentRussian Ridge Open Space Preserve, San Mateo County, California Study Location & Regional Vicinity 0 1000 2000 FEET LEGEND Attachment 2 ! SOURCE: USGS 7.5-minute Topo Quads -Mindego Hill, Calif. (1995). I:\MOS2101\GIS\Maps\Cultural\Figure 2_Study Area.mxd (12/8/2021) FIGURE 2 Smith Barn Built Environment Resource Constraints AssessmentRussian Ridge Open Space Preserve, San Mateo County, California Study Area 0 500 1000 FEET Study Area (Smith Barn) Attachment 2 1/7/22 P:\MOS2101 MidPen Historical Resources On-Call\Task_03_Smith_Barn\Constraints_Assesment\Smith_Barn_Constraints_Assessment_(LSA_1.7.22).docx 7 Site Conditions – 12/22/2021 LSA photographs Attachment 2 1/7/22 P:\MOS2101 MidPen Historical Resources On-Call\Task_03_Smith_Barn\Constraints_Assesment\Smith_Barn_Constraints_Assessment_(LSA_1.7.22).docx 8 Smith Barn – east and north façades, view to the southwest. LSA photograph, 12/22/2021. Smith Barn – south and east façades, view to the northwest. LSA photograph, 12/22/2021. Attachment 2 1/7/22 P:\MOS2101 MidPen Historical Resources On-Call\Task_03_Smith_Barn\Constraints_Assesment\Smith_Barn_Constraints_Assessment_(LSA_1.7.22).docx 9 Smith Barn – south and west façades, view to the northeast. LSA photograph, 12/22/2021. Smith Barn – north and west façades, view to the southeast. LSA photograph, 12/22/2021. Attachment 2 1/7/22 P:\MOS2101 MidPen Historical Resources On-Call\Task_03_Smith_Barn\Constraints_Assesment\Smith_Barn_Constraints_Assessment_(LSA_1.7.22).docx 10 Smith Barn – west façade, primary entrance. LSA photograph, 12/22/2021. Smith Barn – representative fenestration type, size, and style. LSA photograph, 12/22/2021. Attachment 2 1/7/22 P:\MOS2101 MidPen Historical Resources On-Call\Task_03_Smith_Barn\Constraints_Assesment\Smith_Barn_Constraints_Assessment_(LSA_1.7.22).docx 11 Smith Barn – interior. Southeast corner view northwest. LSA photograph, 12/22/2021. Smith Barn – interior. Northwest corner view southeast. LSA photograph, 12/22/2021. Attachment 2 1/7/22 P:\MOS2101 MidPen Historical Resources On-Call\Task_03_Smith_Barn\Constraints_Assesment\Smith_Barn_Constraints_Assessment_(LSA_1.7.22).docx 12 Smith Barn – interior. View south through interior space. LSA photograph, 12/22/2021. Smith Barn – interior wall, east façade. LSA photograph, 12/22/2021. Attachment 2 DATE: February 23, 2022 MEMO TO: Board of Directors THROUGH: Ana Ruiz, General Manager FROM: Stefan Jaskulak, Chief Financial Officer SUBJECT: Review Use of Contingency Funds – FY21 _____________________________________________________________________________ This memo provides an overview of the contingency amounts approved and spent during the fiscal year ending June 30, 2021 (FY21), running from July 1, 2020 through June 30, 2021, as requested annually by the Board to understand how much of the authorized contingencies are used as part of the Midpeninsula Regional Open Space District’s (District) contracting work. Policy: Contracts over $50,000 are approved by the Board and subsequently executed by the General Manager. These contracts may or may not have a contingency awarded. Typically, contingencies range between 5% and 15% per Board Policy 3.03: Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing Policy 1.C. Contract Change Orders -- Staff may issue change orders to a contract, provided that the aggregate of all change orders to that contract does not exceed fifteen percent (15%) of the original contract price. A larger contingency may be authorized, based on unusual circumstances. Change orders shall not exceed the total contract amount approved by the Board, General Manager or other District employee as authorized by this Policy, including any contingency amount. Any expenditure beyond the originally approved contract and contingency amount shall be approved by the party authorized at that expenditure level under this Policy. Contingency Process: Purchase orders are generated against the approved base contract amount. Once contingency spending is deemed necessary, the project manager requests approval from their respective Assistant General Manager or the Chief Financial Officer. This additional approval step was added in October 2019 as an extra level of review to ensure that the use of contingencies are within the scope of the project and/or critical to the successful completion of the contract/project. A separate contingency purchase order is then generated in the accounting system (NWS) to record contingency spending. Any additional amount beyond the Board-approved not-to-exceed contract amount requires additional Board approval. Review Process: Contracts may span multiple fiscal years, either because of the multi-year scope of the project or contract, or because it is initiated partway through a fiscal year and carries over into the next. For this FY21 Contingency Review memo, staff pulled all contracts that were in effect during any part of FY21. Since there is no automated method to aggregate the contingencies awarded per contract, staff implemented a contingency purchase order approval process as of October 2019 to keep track of actual contingency spending in New World System (the District’s enterprise resource planning/financial system). Findings: Staff reviewed 84 new and existing contracts over $50,000 that were approved by the Board and in effect during FY21. Some of these contracts were new, some were ongoing, and some were closed sometime during that fiscal year. Staff also gathered data on the original amount of the contract and on the amended amount, as contracts amounts may increase over time. The statistics are as follows: Contracts Reviewed: 84 Total Original Contract Amount: $47,571,342.35 Total Amended Contract Amount: $59,371,535.87 Board Authorized Contingency: $5,670,545.00 30 of the 84 contracts included a Board approved contingency. The total contingency amount approved for these 30 contracts equates to 11.92% of the original contract amount and 9.55% of the amended contract amount. Contingency Expensed: $1,233,930.61 21.84% of the Board-approved contingency was used in FY21, equating to 2.6% of the original contract amount and 2.08% of the amended contract amount. Based on the findings above, 21.84% of the Board approved contingency amount was expensed in FY21, which equates to just over 2% of the amended total Board-approved contract amount. Compared to FY20, use of the Board-approved contingency amount in FY21 was notably lower (see chart). Next Step: Staff will continue to report the above-mentioned statistics in the Annual Year-End report of the Capital Improvement and Action Plan. ### CONTINGENCY USAGE REPORT Status Contract Vendor Original Contract Amount (Column D) Revised Contract Amount (Column E) Board Authorized Contingency Contingency Expensed on PO Closed/Complete 2020-00000070 - South Area Field Office Renovation Project Agbayani Construction Corporation $3,604,000.00 $4,028,146.74 $529,350.00 395,778.99$ Closed/Complete 2021-00000037 - ADA Barrier Removal Project Andreini Brothers Inc $429,504.00 $453,207.07 $55,836.00 23,703.07$ Closed/Complete 2020-00000046 - Bergman Residences Reconstruction Phase III Belz Construction $238,000.00 $264,796.64 $35,700.00 26,796.64$ Closed/Complete 2016-00000117 - Ravenswood Bay Trail Connection Design & Construction Mgmt Callander Associates $398,870.00 $448,040.00 $52,026.00 34,869.17$ Closed/Complete 2019-00000004 - Saratoga to the Sea City of Saratoga $265,000.00 $1,365,000.00 -$ -$ Closed/Complete 2020-00000122 - ADA Barrier Removal Project CXT Vault Restrooms CXT Incorporated $153,061.00 $153,061.00 $13,915.00 -$ Closed/Complete 2021-00000036 - Upper La Honda Grazing Infrastructure (P3 Spring Dev)ECAST Engineering Inc.$96,434.00 $96,434.00 $8,767.00 -$ Closed/Complete 2016-00000107 - Invasive Species Management - District-wide Ecological Concerns, Inc.$373,483.00 $1,176,966.00 -$ -$ Closed/Complete 2017-00000035 - IPM Implementation - Roads and Trails BCR Ecological Concerns, Inc.$148,000.00 $148,000.00 -$ -$ Closed/Complete 2021-00000048 - Madonna Creek Ranch Remediation Project Engineering Remediation Resources Group Inc $106,625.65 $290,609.00 $15,994.00 15,851.76$ Closed/Complete 2020-00000018 - Ravenswood Bay Trail Connection Project Granite Rock Company $3,555,356.00 $4,034,842.01 $525,800.00 263,418.01$ Closed/Complete 2021-00000038 - Purisima Creek Redwoods Fencing Project Hammer Fences $96,110.00 $96,110.00 $8,735.00 -$ Closed/Complete 2019-00000039 - Mindego Ranch Ponds Enhancement Project Hanford Applied Restoration & Conservation $466,119.00 $466,119.00 $60,798.00 -$ Closed/Complete 2020-00000056 - Rancho San Antonio Multimodal Access Study IBI Group $61,600.00 $61,600.00 $5,600.00 2,300.00$ Closed/Complete 2016-00000011 - Human Resources - Legal Consultation Liebert Cassidy Whitmore $80,000.00 $180,000.00 -$ -$ Closed/Complete 2018-00000041 - District-wide ADA Self Evaluation & Transition Plan Update Mig, Inc.$205,000.00 $205,000.00 $25,667.00 5,418.75$ Closed/Complete 2021-00000065 - Coal Creek Fuel Management Overstory Land Stewardship $68,890.00 $68,890.00 $6,263.00 5,703.04$ Closed/Complete 2020-00000113 - Alma College Cultural Landscape Rehabilitation Plan PGA Design, Inc.$75,778.00 $75,778.00 $89,996.00 -$ Closed/Complete 2020-00000110 - Madonna Creek Ranch Remediation Rincon Consultants, Inc.$69,702.00 $69,702.00 $6,337.00 6,288.78$ Closed/Complete 2020-00000020 - Santa Cruz Mountains Climate Resilience Project San Mateo County Resource Conserv. Dist.$49,999.00 $50,999.00 -$ -$ Closed/Complete 2018-00000167 - Los Trancos Eucalyptus Removal Santa Clara County FireSafe Council $275,000.00 $275,000.00 $25,000.00 17,024.91$ Closed/Complete 2021-00000059 - DHF White Barn Structural Stabilization Project Shellco General Contractor Inc $235,551.00 $254,262.06 $35,333.00 18,711.06$ Closed/Complete 2020-00000081 - SAO Special Inspection Services Signet Testing Laboratories, Inc.$34,265.00 $52,265.00 $5,500.00 5,396.46$ Closed/Complete 2018-00000108 - New South Area Field Office Facility, Campbell Terry J Martin Associates $307,450.00 $307,450.00 $40,100.00 8,456.00$ Closed/Complete 2018-00000087 - Work Order and Asset Mgmt Software Implementation/Consulting Timmons Group Inc $137,000.00 $179,450.00 $4,520.00 4,520.00$ Closed/Complete 2020-00000115 - South Area Field Office Underground Fuel Storage Tank Removal Top Line Engineers, Inc.$46,650.00 $107,830.00 $16,175.00 -$ Closed/Complete 2019-00000189 - Deer Hollow Farm White Barn Structural Stabilization Wiss, Janney, Elstner Associates, Inc.$171,350.00 $171,350.00 $22,350.00 2,599.65$ Open 2020-00000119 - Hwy 17 Wildlife & Regional Trail Crossing & Trail Connections Aecom Technical Services Inc $1,580,000.00 $2,499,700.00 $182,500.00 -$ Open 2021-00000086 - CEQA Services for LHC Red Cabin Demo& White Barn Structure Rehab Ascent Environmental Inc $238,184.00 $238,184.00 $21,653.00 17,596.64$ Open 2021-00000093 - Administrative Office Renovation Project BHM Construction, Inc.$19,984,221.00 $21,575,069.80 $2,158,422.00 63,406.00$ Open 2021-00000068 - Purisima Upland Oil Well Decommissioning Project Bonkowski and Associates, Inc.$68,230.00 $68,230.00 $8,900.00 -$ Open 2020-00000067 - Audit of Financial Statements and Major Pgm Compliance FY 18-21 Chavan & Associates, LLP $70,500.00 $70,500.00 -$ -$ Open 2019-00000030 - Provision of Emergency and Non Emergency Communication Services City of Mountain View - Finance $1,193,401.00 $1,193,401.00 -$ -$ Open 2020-00000101 - Alma Demolition and Abatement Project Coastwide Environmental Technologies, Inc. $402,000.00 $549,300.00 $60,300.00 24,000.00$ Open 2019-00000065 - Bear Creek Redwoods Plant Installation and Maintenance Confluence Restoration $109,868.00 $109,868.00 $14,331.00 -$ Open 2020-00000062 - IPM: Revitalize Stream, Upland, and Wetland Habitats Ecological Concerns, Inc.$132,990.00 $398,970.00 -$ -$ Open 2020-00000078 - Plant Install. & Maint. of Multiple Mitigation Sites, 2019-2022 Ecological Concerns, Inc.$850,123.00 $850,123.00 $71,829.00 48,607.20$ Open 2021-00000146 - Electronic Doc Management Implementation and Scanning Services ECS Imaging, Inc.$168,044.00 $168,044.00 -$ -$ Open 2021-00000089 - AO Interpretive Planning and Design Edquist Davis Exhibits $78,000.00 $112,150.00 $2,250.00 -$ Attachment 1 CONTINGENCY USAGE REPORT Status Contract Vendor Original Contract Amount (Column D) Revised Contract Amount (Column E) Board Authorized Contingency Contingency Expensed on PO Open 2021-00000074 - Legislative Consulting and Lobbying Services Environmental & Energy Consulting $79,070.00 $316,280.00 $6,200.00 -$ Open 2020-00000087 - GIS Software Enterprise License Agreement Environmental Systems Research Institute, Inc. $137,500.00 $137,500.00 -$ -$ Open 2021-00000127 - Mount Umunhum Radar Tower Repair Project George Bianchi Construction Inc $1,986,539.20 $2,189,301.88 $238,385.00 -$ Open 2019-00000130 - San Mateo Countywide Fine Scale Vegetation map Golden Gate National Parks Conservancy $168,000.00 $168,000.00 $18,000.00 -$ Open 2017-00000025 - Cooley Landing Native Planting and Interpretive Project Grassroots Ecology $90,000.00 $180,470.00 -$ -$ Open 2018-00000001 - Hendrys Creek Restoration Project Grassroots Ecology $165,000.00 $279,027.36 $25,000.00 25,000.00$ Open 2020-00000084 - Service-Learning on District Preserves Grassroots Ecology $295,417.00 $295,417.00 -$ -$ Open 2020-00000112 - Native Plant Production and Propagule Collection, 2020-2024 Grassroots Ecology $160,000.00 $160,000.00 -$ -$ Open 2018-00000058 - Alma College Bat Relocation & Habitat Replacement - HT Harvey H.T. Harvey & Associates $80,905.00 $80,905.00 $9,473.00 -$ Open 2018-00000084 - Ravenswood Bay Trail H.T. Harvey & Associates $55,672.00 $701,605.00 $91,628.00 31,427.49$ Open 2020-00000042 - Ravenswood Revegetation and Plant Maintenance Hanford Applied Restoration & Conservation $386,290.00 $501,830.00 $55,729.00 22,350.00$ Open 2021-00000092 - DistrictWide Habitat Enhance. through Invasive Species Treatment Hanford Applied Restoration & Conservation $275,000.00 $550,000.00 -$ -$ Open 2019-00000015 - Programmatic Environmental Permitting Horizon Water and Environment, LLC $99,734.00 $799,563.00 $81,507.00 -$ Open 2020-00000111 - Bear Creek Stables Improvements (Water System Design)Hydroscience Engineers $87,190.00 $87,190.00 $20,756.00 -$ Open 2017-00000099 - Bear Creek Stables Improvements Design Development John Northmore Roberts & Associates $833,423.00 $888,270.69 $77,017.00 77,017.00$ Open 2019-00000157 - Alpine Rd. CEQA/Permit Support and LHC Loop Trail Permit Support LSA Associates, Inc.$188,140.00 $188,140.00 $24,540.00 13,497.75$ Open 2020-00000045 - Beatty Parking Area and Trail Connections LSA Associates, Inc.$183,000.00 $183,000.00 $23,876.00 -$ Open 2021-00000072 - Beatty House Removal and Site Restoratoin LSA Associates, Inc.$83,775.00 $83,775.00 $3,989.00 -$ Open 2019-00000051 - New Administration Offices (AO) Facility Noll & Tam Architects $386,951.00 $1,969,141.00 $256,845.00 30,495.50$ Open 2021-00000064 - Admin Office Renovation Project Construction Mgmt & Peer Review Nova Partners, Inc.$546,823.00 $546,823.00 $71,325.00 -$ Open 2019-00000088 - CEQA: Prescribed Fire Program Development Panorama Environmental, Inc.$341,914.00 $734,473.00 $115,334.00 -$ Open 2021-00000047 - Alma Cultural Landscape Rehabilitation Plan PGA Design, Inc.$201,116.00 $201,116.00 $26,250.00 -$ Open 2019-00000184 - BCR Phase 2 Trail Design and Permitting Questa Engineering Corp.$258,750.00 $702,710.00 $62,310.00 12,500.00$ Open 2020-00000055 - Budget Management Software Questica Ltd.$127,250.00 $171,933.00 -$ -$ Open 2021-00000046 - Human-Mountain Lion Interaction Study Regents of the University of California $500,000.00 $500,000.00 -$ -$ Open 2020-00000118 - Web Design and Development Rootid, LLC $86,378.00 $86,378.00 $7,853.00 -$ Open 2020-00000139 - Web Maintenance and Strategic Support Rootid, LLC $51,840.00 $51,840.00 -$ -$ Open 2019-00000103 - American Badger and Burrowing Owl Habitat Suitability Study San Francisco Bay Bird Observatory $235,675.00 $251,425.00 $21,425.00 7,497.24$ Open 2020-00000063 - Science Advisory Panel San Francisco Estuary Institute $100,000.00 $219,000.00 -$ -$ Open 2021-00000014 - S.Clara, S.Cruz Countywide Fine Scale Veg Map & Related Products San Mateo County Resource Conserv. Dist.$224,000.00 $224,000.00 $24,000.00 -$ Open 2021-00000152 - SFO Solar Panel Installation Sandbar $151,533.00 $166,354.12 $15,153.00 -$ Open 2019-00000008 - Costsharing Agreement for Guadalupe River Coordinated Monitoring Santa Clara Valley Water District $60,630.00 $60,630.00 -$ -$ Open 2018-00000157 - La Honda Creek Loop Trail Design Sherwood Design Engineers $169,728.00 $169,728.00 $22,138.00 -$ Open 2020-00000008 - La Honda Forest Management Plan Sicular Environmental Consulting $91,993.00 $107,293.00 $12,000.00 -$ Open 2021-00000122 - AO Special Inspection Services Signet Testing Laboratories, Inc.$113,129.50 $135,682.50 $12,540.00 -$ Open 2019-00000037 - Fire Ecology Services: Prescribed Fire Program Spatial Informatics Group LLC $116,438.00 $340,405.00 $59,588.00 -$ Open 2021-00000079 - Purisima-to-the-Sea Trail and Parking Feasibility Study SWCA Environmental Consultants $287,000.00 $287,000.00 $26,000.00 1,158.50$ Open 2021-00000101 - Tyler Munis ERP Migration Tyler Technologies Inc $497,289.00 $497,289.00 $19,800.00 -$ Open 2021-00000043 - Mitigation Monitoring and Reporting, 8 Sites for 5 yrs, 2020-24 Vollmar Natural Lands Consulting, Inc $109,422.00 $109,422.00 $8,130.00 -$ Attachment 1 CONTINGENCY USAGE REPORT Status Contract Vendor Original Contract Amount (Column D) Revised Contract Amount (Column E) Board Authorized Contingency Contingency Expensed on PO Open 2021-00000154 - Botanical Services at Cloverdale Ranch Vollmar Natural Lands Consulting, Inc $130,805.00 $130,805.00 -$ -$ Open 2020-00000031 - Water Rights Services Wagner & Bonsignore $100,000.00 $100,000.00 -$ -$ Open 2019-00000090 - Alpine Road Trail Improvements- Design & Engineering Waterways Consulting $302,429.00 $302,429.00 $34,882.00 1,779.50$ Open 2019-00000125 - Mount Umunhum Radar Tower Assessment Project Wiss, Janney, Elstner Associates, Inc.$123,855.00 $213,830.00 $16,155.00 -$ Open 2021-00000088 - Sierra Azul New Ranger Housing Wiss, Janney, Elstner Associates, Inc.$74,250.00 $74,250.00 $6,750.00 -$ Open 2019-00000181 - Structure Stabilization at Multiple Preserves ZFA Structural Engineers $203,130.00 $312,857.00 $66,020.00 25,281.50$ TOTAL $47,571,342.35 $59,371,535.87 $5,670,545.00 1,238,450.61$ Percentage based on Original Amount (Column D)11.92%2.60% Percentage based on Revised Amount (Column E)9.55%2.09% Attachment 1 DATE: February 23, 2022 MEMO TO: Board of Directors THROUGH: Ana Ruiz, General Manager FROM: Susanna Chan, Assistant General Manager SUBJECT: Rancho San Antonio Multimodal Access Implementation Update _____________________________________________________________________________ BACKGROUND The 2021 Midpeninsula Regional Open Space District (District) Rancho San Antonio Multimodal Access Study (Study) explores and evaluates non-motorized mobility, transit options, and parking alternatives for Rancho San Antonio Open Space Preserve (Preserve). The Study aims to encourage visitors to use greener modes of transportation and reduce parking demand and traffic, while maintaining equitable access for both local and regional visitors. The Study identifies15 transportation management strategies and prioritizes them into three sets of recommendations. The Board of Directors (Board), at its April 28, 2021 meeting, approved the implementation of the first set of recommendations, including the following six strategies: • Bike facilities • New and improved bike access • Subsidized ride hail • Free or low-cost shuttle service • Carpool restricted lot • Dynamic or Variable Signage A capital improvement project is included in the fiscal year 2021-2022 (FY22) budget to implement these strategies. This memo provides an update the implementation work. DISCUSSION Strategy Implementation Bike Facilities This strategy includes installation of various bike amenities, such as bike racks, bike repair stations, and bike lockers at strategic access locations to encourage visitors to shift from driving to biking. After a thorough review of existing bike facilities at the Preserve, three additional bike racks accommodating 21 bikes were installed at the Mora Trail entrance, the Deer Meadow Trail off Stovehaven Drive (St. Joseph Avenue), and the Open Air Barn. Additionally, a bike repair station has been ordered for installation at the main parking lot. New and Improved Bike Access This strategy entails working with neighboring jurisdictions to improve neighborhood bike access leading to the Preserve, such as along Cristo Rey Drive to the Preserve main entrance, St. Joseph Avenue leading to the Deer Meadow Trail, and Mora Drive to the Rhus Ridge Trailhead. Staff has worked with the City of Cupertino to prioritize bike access improvements on Cristo Rey Drive as described in their adopted Bicycle Transportation Plan. Cupertino has committed to include the improvements in their 2022 annual paving project for this summer. Additionally, staff is monitoring the City of Los Altos planned project to improve bike access on St. Joseph Avenue as part of their safe routes to school program, which is also scheduled for this summer. Subsidized Ride Hail This strategy involves participating by existing rideshare services and utilizing the existing loading/unloading zone at the main lot. To incentivize use of these services, users could get a discount for choosing the service. Free passes could be considered for seniors and low-income residents. Staff is currently seeking consulting support to develop a potential subsidized ride hail plan through a Request for Proposals (RFP) process that would be forwarded to the Board of Directors for consideration. Free or Low-cost Shuttle Service This strategy would provide a free or low-cost shuttle service for Preserve visitors aimed to reduce their reliance on personal vehicles to access the Preserve. Operating a shuttle program would be a significant investment for the District that requires careful planning and evaluation. As District staff has no prior experience in developing and operating a shuttle program, staff initiated the planning process by reaching out to neighboring agencies and organizations with prior experience in shuttle services, such as the Cities of Cupertino and Mountain View, and Commute.Org, to learn from their experiences. Staff is also participating in the Santa Cruz Mountain Stewardship Network (SCMSN) Shuttle Explore Team, a group composed of park and land management agencies with interest in shuttle programs. Through this learning and collaboration, staff has identified a two-step approach to ensure the shuttle program meets the unique needs of Rancho, including retaining a transportation consultant to develop the shuttle program model and a separate selection process for the shuttle operator. The RFP process for the transportation consulting firm is currently underway with a goal to complete the program development this summer. If successful and with subsequent Board confirmation to proceed with the next step, staff would begin selection of a shuttle operator by the end of this calendar year. Carpool Restricted Lot This strategy would dedicate a carpool restricted lot during peak visitation periods to incentivize carpooling to the Preserve, thereby reducing overall vehicle trips. A pilot project to study the feasibility of this strategy will begin this spring on weekends and holidays. During these peak visitation periods, parking in the lower equestrian lot will be reserved for carpools of three or more. ADA-accessible spaces and equestrian trailer parking will always remain available. The restrooms at this location will also remain available to all visitors. The lot would remain open to all when not limited to carpool visitors. Dynamic or Variable Signage This strategy includes the addition of dynamic or variable signage or wayfinding within and/or leading to the main parking area. The original intent is to deploy portable, manually-programmed signs that display parking lot status at locations leading to the main parking area. However, through consultation with field staff, it was determined that this approach is not sustainable over the long-term as it would require dedicated field staff to constantly monitor parking conditions on-site and manually update sign messages. Staff has since explored other options and identified electronic signage with traffic sensors as the best solution to address Preserve needs. With this solution, an electronic sign could be installed at the preserve entrance displaying current parking availability informed by several traffic sensors installed at strategic locations within the parking area. Real-time information would also be available on the District’s website for potential visitors to check before they leave home. Staff is currently working closely with a selected vendor to optimize the configuration given the terrain of the parking areas and anticipates implementation in spring of this year. Public Communication/Education Successful implementation of these strategies, in part, depends on effective public communication and education. To date, staff has promoted the new strategies as follows: • Ongoing updates to the Rancho San Antonio Multimodal Access project web page. • Addition of information about bicycle-friendly routes, bicycle rack locations and the Via Cupertino Shuttle on the Rancho San Antonio Preserve webpage and project webpage. • In November 2021, the District partnered with Silicon Valley Bicycle Coalition (SVBC) to host a “Ride to Rancho”. SVBC led a bicycle ride to the Preserve, demonstrating a safe and efficient route from the Mountain View Caltrain station. The District’s communication plan that promotes the new carpool restricted lot and dynamic signage includes: • A-frame signage in parking areas with posted information. • Articles in the Views newsletter (Spring 2022) and Plug Into Nature e-news (April 2022 and ongoing). • Pop-up tabling at Rancho San Antonio on March 28. • Press release (2 weeks prior to implementation). • E-mail to Rancho San Antonio interested parties e-mail list. • Coordination with partner organizations and cities for inclusion in newsletters and other publications. • Coordination with Santa Clara County Parks to share information via their Nextdoor account. ###