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HomeMy Public PortalAbout20190828 - Agenda Packet - Board of Directors (BOD) - 19-22 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 Wednesday, August 28, 2019 Special Meeting starts at 5:00 PM* Regular Meeting starts at 7:00 PM* A G E N D A 5:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – STUDY SESSION ROLL CALL 1. Historic Structures Policies, Guidelines, and Practices (R-19-117) Staff Contact: Tina Hugg, Senior Planner, Planning General Manager’s Recommendation: Review and discuss existing Midpeninsula Regional Open Space District policies, guidelines, and practices related to the disposition of historic structures. No Board action required. ADJOURNMENT 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ORAL COMMUNICATIONS The Board President will invite public comment on items not on the agenda. Each speaker will ordinarily be limited to three minutes; however, the Brown Act (Open Meeting Law) does not allow action by the Board of Directors on items not on the agenda. If you wish to address the Board, please complete a speaker card and give it to the District Clerk. Individuals are limited to one appearance during this section. ADOPTION OF AGENDA SPECIAL ORDERS OF THE DAY • Introduction of staff o Nina Vuoso, Environmental Education Specialist o Irma Mora, Executive Assistant o Xucan Zhou, Planner II Meeting 19-22 Rev. 1/3/19 CONSENT CALENDAR All items on the Consent Calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. 1. Approve August 14, 2019 Minutes 2. Claims Report 3. Award of Contract for Bergman Residences Reconstruction Phase III at Russian Ridge Open Space Preserve (R-19-115) Staff Contact: Jean Chung, Property Management Specialist I General Manager’s Recommendations: 1. Authorize the General Manager to enter into a contract with Belz Construction to complete the Bergman Residences Reconstruction Phase III at Russian Ridge Open Space Preserve for a base contract amount of $238,000. 2. Authorize a 15% contingency of $35,700, to be reserved for unanticipated issues, thus allowing the total contract amount not-to-exceed $273,700. 4. Proposed Agreement to exchange interests in real property between Frederick Holley and Maud Gleason (Holley-Gleason) and Midpeninsula Regional Open Space District (District). District to receive a public trail easement along a portion of Kennedy Trail in Sierra Azul Open Space Preserve (portion of Santa Clara APN 537-15-028) in exchange for a solar panel easement conveyed to Holley-Gleason at Sierra Azul Open Space Preserve (portion of Santa Clara APN 537-15-027). Pursuant to Public Resources Code section 5540.5, a unanimous vote of all seven Board members is required. (R-19-110) Staff Contact: Allen Ishibashi, Sr. Real Property Agent General Manager’s Recommendations: 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA), as set out in the report. 2. By a unanimous vote of the Board of Directors, adopt a resolution authorizing the agreement to exchange interest in real property between the District and Holley-Gleason. 3. Amend the Use and Management Plan to include the exchanged interest in real property. 4. Withhold dedication of the Exchange Property as public open space at this time. 5. Proposed Agreement to exchange interests in real property between Pacific Gas and Electric Company (PG&E) and Midpeninsula Regional Open Space District (District). District to receive a public roadway easement for a portion of Mt. Umunhum Road and a public trail easement for a portion of Woods Trail in Sierra Azul Open Space Preserve (portion of Santa Clara APN 583-24-004) in exchange for an easement for an existing gas line to be conveyed to PG&E at Pulgas Ridge Open Space Preserve (portion of San Mateo County APN 050-470- 090). Pursuant to Public Resources Code section 5540.5, a unanimous vote of all seven Board members is required. (R-19-109) Staff Contact: Allen Ishibashi, Sr. Real Property Agent General Manager’s Recommendations: 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA), as set out in the report. 2. By a unanimous vote of the Board of Directors, adopt a resolution authorizing the agreement to exchange interest in real property between the District and PG&E. Rev. 1/3/19 3. Amend the Use and Management Plan to include the exchanged interest in real property. 4. Withhold dedication of the Exchange Property as public open space at this time. 6. Award of Contract to Humboldt Fence Company for Replacement of Livestock Perimeter Fencing in Toto Ranch, which is a part of Tunitas Creek Open Space Preserve (R-19-116) Staff Contact: Michael Jurich, Land & Facilities Manager General Manager’s Recommendations: 1. Authorize the General Manager to award a contract to Humboldt Fence Company to construct a replacement livestock perimeter fence for a base contract amount of $90,824 in support of the conservation grazing program at Toto Ranch. 2. Authorize a 5% contingency of $4,541 to be expended only if unforeseen site conditions are encountered, such as bank slippage or minor adjustments to fence location, for a total contract not-to-exceed $95,365. 7. Written Response to Daniel Yost, Woodside Mayor Staff Contact: Brian Malone, Assistant General Manager General Manager’s Recommendation: Approve the written response to Mayor Yost 8. Award of Contract to Hanford Applied Restoration & Conservation for the Ravenswood Bay Trail Connection Revegetation and Plant Maintenance Project (R-19-119) Staff Contact: Amanda Mills, Resource Management Specialist II General Manager’s Recommendations: 1. Authorize the General Manager to award a contract to Hanford Applied Restoration & Conservation of Petaluma, CA for a base amount not-to-exceed $294,500 to complete the Ravenswood Bay Trail Connection Revegetation and Plant Maintenance Project. 2. Authorize a 15% contingency of $44,175 based on the base amount to be expended only if necessary to cover unforeseen conditions. 3. Authorize an allowance of $47,615 for Bid Alternates #11 through #14 (alternate project schedule and additional watering, weeding, and seeding events), bringing the total not-to- exceed contract amount to $386,290. 9. Award of Contract for Environmental Services for the Beatty Parking Area and Trail Connection Project at Sierra Azul Open Space Preserve (R-19-111) Staff Contact: Leialani Hufana, Planner II, Planning Department General Manager’s Recommendations: 1. Authorize the General Manager to enter into a multi-year contract with LSA Associates, Inc., to provide environmental and planning consulting services to support the Beatty Parking Area and Trail Connections Project for a base contract amount of $159,124. 2. Authorize a 15% contingency of $23,876, to be expended only if necessary to cover unforeseen conditions, for a not-to-exceed contract amount of $183,000. BOARD BUSINESS The President will invite public comment on agenda items at the time each item is considered by the Board of Directors. Each speaker will ordinarily be limited to three minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. Rev. 1/3/19 10. Resolution requesting the Santa Clara County Board of Supervisors extend the 4/5ths supermajority vote required to move the Stanford University Academic Growth Boundary for an additional 99 years to protect important open space lands (R-19-114) Staff Contact: Susanna Chan, Assistant General Manager General Manager’s Recommendation: Adopt a Resolution requesting that the Santa Clara County Board of Supervisors extend the 4/5ths supermajority vote required to move the Stanford University Academic Growth Boundary for an additional 99 years to continue protecting important open space lands in the county. 11. Award of Contract to San Francisco Estuary Institute for Formation of a Science Advisory Panel (R-19-120) Staff Contact: Kirk Lenington, Natural Resources Manager General Manager’s Recommendations: 1. Award a contract to San Francisco Estuary Institute for the formation of a Science Advisory Panel and first round of scientific review for a contract amount of $100,000 across Fiscal Year 2019-20 and Fiscal Year 2020-21. 2. Authorize the General Manager to extend the contract for an additional round of scientific review, if the program is successful, for an additional $100,000, bringing the total contract to $200,000 ending in Fiscal Year 2021-22. 12. Contract Change Order with Graniterock Company to Construct the Mud Lake Improvements as part of the larger Bear Creek Redwoods Public Access Project (R-19-118) Staff Contact: Zachary Alexander, Capital Project Manager III, Engineering & Construction Department General Manager’s Recommendations: 1. Authorize a contract change order for the base amount of $356,489 with Graniterock Company of Watsonville, California to construct the Mud Lake Improvements as part of the larger Bear Creek Redwood Public Access Project, bringing the total contract amount to $4,231,825. 2. Authorize a 15% contingency of $53,474 to cover unforeseen conditions related to the Mud Lake Improvements, for a total contract change order of $409,963 and total not-to-exceed contract amount $4,285,299. INFORMATIONAL MEMORANDUM • Agricultural Policy Project – Update on Process and Schedule • State Legislative 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. Committee Reports Staff Reports Director Reports ADJOURNMENT TO CLOSED SESSION Rev. 1/3/19 MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION ROLL CALL 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code Section 54957(b)(1) Title of Employee: Controller General Counsel General Manager ADJOURNMENT *Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the District Clerk at (650) 691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting, will be available for public inspection at the District’s Administrative Office located at 330 Distel Circle, Los Altos, California 94022. CERTIFICATION OF POSTING OF AGENDA I, Jennifer Woodworth, District Clerk for the Midpeninsula Regional Open Space District (MROSD), declare that the foregoing agenda for the special and regular meetings of the MROSD Board of Directors was posted and available for review on August 22, 2019, at the Administrative Offices of MROSD, 330 Distel Circle, Los Altos California, 94022. The agenda and any additional written materials are also available on the District’s web site at http://www.openspace.org. Jennifer Woodworth, MMC District Clerk August 14, 2019 Board Meeting 19-20 REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Red Morton Community Center 1120 Roosevelt Avenue Redwood City, CA 94061 Wednesday, August 14, 2019 DRAFT MINUTES REGULAR MEETING Vice-President Holman called the regular meeting of the Midpeninsula Regional Open Space District to order at 7:02 p.m. ROLL CALL Members Present: Larry Hassett, Karen Holman, Zoe Kersteen-Tucker, Yoriko Kishimoto, and Curt Riffle Members Absent: Jed Cyr and Pete Siemens 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, Planning Manager Jane Mark, Real Property Manager Mike Williams ORAL COMMUNICATIONS Amy Shaw spoke in support of allowing dogs on more District preserves, specifically off-leash access. ADOPTION OF AGENDA Motion: Director Riffle moved, and Director Hassett seconded the motion to adopt the agenda. VOTE: 5-0-0 (Directors Cyr and Siemens absent) Meeting 19-20 Page 2 CONSENT CALENDAR Public comment opened at 7:06 p.m. No speakers present. Public comment closed at 7:06 p.m. Motion: Director Riffle moved, and Director Kishimoto seconded the motion to approve the Consent Calendar. VOTE: 5-0-0 (Directors Cyr and Siemens absent) 1. Approve July 24, 2019 Minutes 2. Claims Report 3. Grazing Lease Extension with AGCO HAY LLC for the Driscoll Ranch Grazing Unit at La Honda Creek Open Space Preserve (R-19-108) General Manager’s Recommendation: Adopt a resolution authorizing the General Manager to extend the Grazing Lease with AGCO HAY LLC for an additional five years. 4. Contract Award to Community Tree Service, Inc., for Tree Mitigation Planting at Bear Creek Redwoods Open Space Preserve (R-19-112) General Manager’s Recommendations: 1. Authorize the General Manager to enter into a contract with Community Tree Service, Inc., of Watsonville, California to plant mitigation trees for a base contract amount of $91,000. 2. Authorize an allowance of $9,000 for the planting of additional trees, to be awarded only if acorn production is sufficient this fall, to further enhance native plant restoration efforts. 5. Written Response to Robert Ende General Manager’s Recommendation: Approve the written response to Mr. Ende 6. Contract Amendment for Legislative Consulting Services with Environmental and Energy Consulting (R-19-113) General Manager’s Recommendation: Authorize the General Manager to amend a legislative consulting services contract with Environmental and Energy Consulting (EEC) for an additional $13,750 for a not-to-exceed total of $58,750. BOARD BUSINESS 7. Regional Trails Overview - Informational Presentation (R-19-114) General Manager Ana Ruiz provided welcome comments and spoke in support of linking District preserves with open space owned by partners. The presentation will review the current Meeting 19-20 Page 3 and planned connections. Ms. Ruiz introduced the various speakers representing several partner agencies. Planning Manager Jane Mark reviewed the Board’s Strategic Planning Goals and Objectives related to expanding public access to connect them to a regional environmental protection vision. Ms. Mark described the District’s regional trail planning identified in the Vision Plan, including the District’s current regional trail planning priorities. These include the proposed Highway 17 crossing and connections and Saratoga-to-the-Sea and Skyline-to-the-Sea trails. Real Property Manager Mike Williams described several proposed trail connections through District lands, lands owned by District partners, and negotiated trail easements with property owners, including Cloverdale Ranch, Tunitas Creek Beach, and Johnston Ranch Uplands. Additionally, Mr. Williams described several planned regional trail corridors made possible through partnerships and continued protection of open space, such as the Purisima-to-the-Sea Trail, Ravenswood Bay Trail Connection, and Alpine Road Trail. Director Kersteen-Tucker inquired regarding camping opportunities along some of these regional trails. Ms. Mark reported the District has had conversations related to this topic with partner agencies, including California State Parks and San Mateo County Parks for camping opportunities on their lands. Director Kersteen-Tucker inquired regarding multi-uses for the regional trails. Ms. Mark explained multi-use trails are being planned, but some areas of the trail may prohibit some uses, but alternative on-street bicycle connections are being studied. Director Kersteen-Tucker inquired regarding ongoing maintenance and associated costs. Ms. Mark reported the District may enter into maintenance agreements, which will require negotiation with other agencies and property owners. Director Kishimoto commented on parking needs and the need to work with partners to identify various alternatives, such as bicycle and pedestrian access and transit options. Director Kishimoto spoke in favor of creating regional maps to facilitate visitor use. Ms. Mark reported the Peninsula Working Group and Santa Cruz Mountain Stewardship Network are discussing potential regional trail maps. Ms. Ruiz reported that members of the Peninsula Working Group are interested in having discussions on regional recreational parking needs. Director Riffle commented on the need to address ADA accessibility needs. Ms. Mark reported District staff is currently addressing this need on an individual basis for each trail. Meeting 19-20 Page 4 Laura Thompson representing the Association of Bay Area Governments and Metropolitan Transportation Commission described the Bay Trail Vision that seeks to create a 500-mile continuous hiking and bicycling trail around the shoreline of the San Francisco Bay. The trails are 70% complete and help promote healthy communities, promote environmental stewardship and education, and provide a commute alternative. Ms. Thompson highlighted several regional trail partnerships, including the expansion of the Bay Trail in Richmond, Sunnyvale, and East Palo Alto. Liz Westbrook representing the Ridge Trail Council provided an overview of projects completed in cooperation with the District, including the Mount Umunhum Trail and trails through various District preserves – Purisima Creek Redwoods, Skyline Ridge, Windy Hill, etc. Future projects include the Highway 17 crossing and connecting trails, Highway 35 crossing and potential North Purisima Staging Area Expansion, and Upper La Honda Creek open space public access. Tim Ramirez with the San Francisco Public Utilities Commission (SFPUC) spoke regarding watersheds throughout the Peninsula, which are managed by the SFPUC using the Peninsula Watershed Management Plan. Planned Peninsula watershed trail expansions include extension of the Southern Skyline Boulevard Ridge Trail and Fifield-Cahill Ridge Trail. Rachael Faye, with the Peninsula Open Space Trust, provided an update on the Bay to the Sea Trail and the partners that are helping make the trail possible. When complete, the Bay to the Sea Trail will be the only east-west trail connection on the Peninsula and will also allow for north- south connections to other regional trails. Winsome Bowen from Facebook provided a timeline and described Facebook’s efforts to support Dumbarton Rail Corridor’s use as a potential mass and multimodal transit corridor. Ms. Bowen described the process being used and next steps on the project. San Mateo County Parks Director Sam Herzberg described the proposed Ohlone-Portola Heritage Trail, including the proposed route and historic significance, the process being used to design the trail, project accomplishments, and the partnerships supporting the Ohlone-Portola Heritage Trail. Member of the City of Palo Alto Parks and Recreation Commission and Palo Alto resident David Moss described a recent hike he and others completed from Palo Alto to the Sea. Mr. Moss described the process he used to map the trail route across lands owned by multiple agencies. Mr. Moss spoke in support of creating permanent trail easements across private land and comprehensive regional trail maps. Public comments opened at 9:19 p.m. Judd Volino commented on the need to complete a trail segment between Weeks Road and Bay Road in Palo Alto. Additionally, speaking on behalf of Trail Center he offered the organization’s support for regional trails and ongoing maintenance. Public comments closed at 9:20 p.m. The members of the Board thanked staff and the representatives of the partner organizations for their presentations and the work they are doing to support regional trails. Meeting 19-20 Page 5 Director Riffle spoke in support of connecting the public to the work being completed by the various organizations represented at the meeting. No Board action required. The Board recessed at 9:28 p.m. and reconvened at 9:33 p.m. INFORMATIONAL REPORTS A. Committee Reports No committee reports. B. Staff Reports No staff reports. C. Director Reports The Board members submitted their compensatory reports. ADJOURNMENT Vice-President Holman adjourned the regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 9:33 p.m. ________________________________ Jennifer Woodworth, MMC District Clerk MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLAIMS REPORT MEETING # 19-22 MEETING DATE: August 28, 2019 Fiscal Year to date EFT:46.90% Payment Number Payment Type Payment Date Notes Vendor No. and Name Invoice Description Payment Amount 1135 EFT 08/23/2019 12002 - NOLL & TAM ARCHITECTS New Administration Offices (AO) Facility 64,896.88 80441 Check 08/09/2019 10343 - GRANITE ROCK COMPANY BCR Public Access Project Phase I Construction thru June 2019 59,498.25 1119 EFT 08/16/2019 11432 - SAN MATEO COUNTY RESOURCE CONSERVATION DISTRICT Santa Cruz Mountains Climate Resilience Project 49,999.00 80452 Check 08/09/2019 10697 - SANDIS Beatty Property Survey Projects - thru 06/30/19 25,500.00 80510 Check 08/23/2019 12050 - Wiss, Janney, Elstner Associates, Inc.Mt. Umunhum Radar Tower Assessment Project thru 07-20-19 25,230.00 1142 EFT 08/23/2019 11868 - San Jose Conservation Corps & Charter School Vegetation Management (FOOSP)25,000.00 80443 Check 08/09/2019 11600 - MNS ENGINEERS INC.Engineer Eval for Cherry Springs Water System Sierra Azul - Jun 23,735.00 80491 Check 08/23/2019 10509 - GEOCON CONSULTANTS INC Ravenswood Soil Sampling 21,326.00 80495 Check 08/23/2019 10774 - LANGLEY HILL QUARRY Base rock for road maintenance 16,839.38 1126 EFT 08/23/2019 10082 - Advantage Anaheim Post Cards, Bus. Cards, BCR Brochures, MROSD Fact Sheets 10,880.36 80497 Check 08/23/2019 12062 - Onsite Construx Honeybee Colony Removal & Roof Wrap - Hawthorn Structure 10,325.00 80483 Check 08/23/2019 10464 - CITY OF FOSTER CITY CalOpps Annual Fee & BAERS Annual Membership FY 19/20 9,944.00 1090 EFT 08/09/2019 12025 - BrandSafway Services, LLC Pedestrian Canopy at Mt Umunhum - Rental 6/17/19 - 7/14/19 9,400.00 1127 EFT 08/23/2019 11470 - AECOM TECHNICAL SERVICES, INC.Bio monitor for Toto Ranch Mowing 6/6/19 - 6/28/19 9,150.82 80455 Check 08/09/2019 11856 - West Coast Arborists, Inc.Fire clearance work at Bergman property & Skyline Ridge 9,000.00 1097 EFT 08/09/2019 12016 - EVAN BROOKS ASSOCIATES Conservation Grant Consultant - Purisima-to-the-Sea Trailhead 7,850.00 80434 Check 08/09/2019 11772 - AHERN RENTALS, INC.Heavy Equipment rentals for Oljon/Steam Donkey Removal 7,270.58 1124 EFT 08/16/2019 *11118 - Wex Bank Fuel for District vehicles 6,032.79 1099 EFT 08/09/2019 10642 - Forensic Analytical Consulting Services, Inc.SAO Hazmat Survey & Abatement Monitoring Project, Asbestos Consulting 5,978.00 1131 EFT 08/23/2019 11445 - CROSS LAND SURVEYING INC.Boundary/Easement Location Survey at Blackberry Hill Road 5,670.00 1106 EFT 08/09/2019 11920 - Sequoia Ecological Consulting, Inc.Twin Creeks Botanical Survey - 6/1/19 - 6/30/19 5,259.00 80477 Check 08/23/2019 11772 - AHERN RENTALS, INC.Bulldozer Rental for roadwork 5,142.94 1145 EFT 08/23/2019 11685 - TRAILHEAD LABS, INC.Annual SaaS Maintenance for Outerspatial Platform (software app)5,000.00 80470 Check 08/16/2019 11598 - Silicon Valley Bicycle Coalition 2019 Sponsorship of Bike to Work Day & Annual Summit 5,000.00 80508 Check 08/23/2019 12064 - U.S. Mobile Health Exams, Inc.Onsite Industrial Noise Assessment SFO & FFO 5,000.00 80446 Check 08/09/2019 10932 - RDO EQUIPMENT COMPANY Mowing Tractor Rental 4,874.00 80456 Check 08/16/2019 11772 - AHERN RENTALS, INC.Roller Rental for Roadwork 4,815.19 1116 EFT 08/16/2019 11617 - MIG, INC.Vegetation Survey - Bluebrush Grazing Property 4/1/19 - 6/30/19 4,310.00 80501 Check 08/23/2019 12013 - Rincon Consultants, Inc.Environmental Assesment Madonna Creek Ranch 4,053.25 80453 Check 08/09/2019 10302 - STEVENS CREEK QUARRY INC Boulders, Drain Rock, Base Rock (FOOSP), Coyote Ridge Trail Repairs 4,027.25 1120 EFT 08/16/2019 10447 - SIMMS PLUMBING & WATER EQUIPMENT Right Spring Bank Work at Big Dipper Ranch 3,982.00 1094 EFT 08/09/2019 11748 - ENVIRONMENTAL AND ENERGY CONSULTING Consulting July 2019 3,750.00 80485 Check 08/23/2019 11520 - COMMUNITY INITIATIVES Latino Engagement with Latino Outdoors 3,500.00 1123 EFT 08/16/2019 *10216 - VALLEY OIL COMPANY Fuel for District vehicles 3,099.34 80487 Check 08/23/2019 10463 - DELL BUSINESS CREDIT 10 Monitors, 2 Adobe Creative Cloud software licenses 3,049.05 1113 EFT 08/16/2019 12016 - EVAN BROOKS ASSOCIATES WCB Pub. Access Grant Consultant - Pre-Application Form 3,000.00 80498 Check 08/23/2019 11806 - PACIFIC HIGHWAY RENTALS, LLC BCR Traffic Message Board Rentals 6-25-19 - 7-31-19 2,968.20 1118 EFT 08/16/2019 10211 - PUBLIC POLICY ADVOCATES 2019 Monthly Fee - Legislative Advocacy Services for AUGUST 2,934.99 80504 Check 08/23/2019 11005 - SAN MATEO COUNTY PLANNING & BUILDING DEPT Permit fees for Bergman main house 2,901.57 1121 EFT 08/16/2019 10302 - STEVENS CREEK QUARRY INC Drainage and Base rock (FOOSP)2,830.49 80459 Check 08/16/2019 11397 - COMMITTEE FOR GREEN FOOTHILLS 2019 Sponsorship - Nature's Inspiration Annual Fundraiser 2,500.00 Finance has started to roll out 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 20 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLAIMS REPORT MEETING # 19-22 MEETING DATE: August 28, 2019 Fiscal Year to date EFT:46.90% Payment Number Payment Type Payment Date Notes Vendor No. and Name Invoice Description Payment Amount Finance has started to roll out electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase payment security, and ensure quicker receipt by vendors 80460 Check 08/16/2019 11698 - GREENBELT ALLIANCE 2019 Sponsorship - Savor the Greenbelt Annual Event 2,500.00 1108 EFT 08/09/2019 10143 - SUMMIT UNIFORMS Body Armor for Cook, Gibbons, uniform items 2,475.61 1089 EFT 08/09/2019 11799 - AZTEC LEASING, INC.Sharp Copier Leases (6) 7/1/19 through 7/31/19 2,326.07 80471 Check 08/16/2019 10489 - STETSON ENGINEERS INC Watermaster Services - San Gregorio Creek 2,306.40 80489 Check 08/23/2019 11701 - ERIC GOULDSBERRY ART DIRECTION Design and Production of 2019 Budget Action Book, Budget in Brief 2,073.60 80469 Check 08/16/2019 11413 - SIERRA CLUB LOMA PRIETA CHAPTER 2019 Sponsorship - Sierra Club Annual Benefit 2,000.00 1088 EFT 08/09/2019 *10128 - AMERICAN TOWER CORPORATION Site Lease - Coyote Point 1,990.25 80499 Check 08/23/2019 11129 - PETERSON TRUCKS INC.Vehicle Inspections For August & September 1,986.00 80506 Check 08/23/2019 *11730 - STANDARD INSURANCE COMPANY RV Life Insurance for Employees 1,966.08 1138 EFT 08/23/2019 *10212 - PINNACLE TOWERS LLC Tower Rental - Skeggs Point September 2019 1,945.05 1128 EFT 08/23/2019 11430 - BioMaAS, Inc.Biological services for Oljon Trail 1,804.70 80463 Check 08/16/2019 10253 - PETERSON TRACTOR CO T35 Service / Repairs 1,733.15 1143 EFT 08/23/2019 11055 - SYSTEMS FOR PUBLIC SAFETY Background Investigation for Ranger Candidate 1,556.90 1122 EFT 08/16/2019 10152 - Tadco Supply Janitorial Supplies (RSA&CP)1,492.82 1117 EFT 08/16/2019 10125 - MOFFETT SUPPLY COMPANY INC Restroom Supplies - tissue and hand sanitizer 1,489.03 80486 Check 08/23/2019 11013 - CONFIDENCE UST SERVICES INC Fuel Tank Vapor recovery test , system certification and parts 1,382.00 1129 EFT 08/23/2019 *11949 - Comcast Business Internet provider 1,307.23 1111 EFT 08/16/2019 10352 - CMK AUTOMOTIVE INC P-97 repair power steering / service, P112/P119 brake repairs 1,295.90 1101 EFT 08/09/2019 10190 - METROMOBILE COMMUNICATIONS Install Radio - P120, Repair Radio - P124 1,237.80 1102 EFT 08/09/2019 11617 - MIG, INC.Alma College Cultural Landscape Rehabilitation Consultant 1,228.75 80451 Check 08/09/2019 11429 - SAN MATEO COUNTY PARKS DEPARTMENT Magnetic Sign Board Printing Serv 1,209.00 1136 EFT 08/23/2019 10073 - NORMAL DATA Database Services July 2019 1,181.25 1107 EFT 08/09/2019 *10952 - SONIC.NET, INC.Internet 8/1/19 - 8/31/19 1,170.00 80464 Check 08/16/2019 11129 - PETERSON TRUCKS INC.Vehicle Opacity Tests (Smoke particles)1,073.00 80484 Check 08/23/2019 10488 - CLEAN HARBORS ENVIRONMENTAL SE Mt Um Gasoline Spill Cleanup (by Recon Environmental)1,053.40 1109 EFT 08/09/2019 10152 - Tadco Supply Janitorial Supplies (RSA&CP)1,043.98 80466 Check 08/16/2019 10932 - RDO EQUIPMENT COMPANY Deck Mower Repairs 1,027.26 80494 Check 08/23/2019 11498 - JOANNE BOND COACHING Executive Coaching 7/24/19 1,000.00 1110 EFT 08/16/2019 10001 - AARON'S SEPTIC TANK SERVICE Service 2 vault toilets upper WH & PC 990.00 1091 EFT 08/09/2019 11483 - Cartwright Design Studio Bear Creek preserve signboard design task 966.34 1105 EFT 08/09/2019 11657 - SemaConnect, Inc.One Year Network Service Program 960.00 80458 Check 08/16/2019 10454 - CALIFORNIA WATER SERVICE CO-949 Water Service (FFO)905.49 80493 Check 08/23/2019 *11551 - GREEN TEAM OF SAN JOSE Garbage Service (RSA) & (SFO)895.73 80503 Check 08/23/2019 11005 - SAN MATEO COUNTY PLANNING & BUILDING DEPT Permit fees for Bergman property 858.05 80450 Check 08/09/2019 *10136 - SAN JOSE WATER COMPANY Water Service (RSACP)749.72 1103 EFT 08/09/2019 12031 - Ray & Jan's Mobile Truck Service Kubota Tractor service call, Deck Mower repair 735.00 80448 Check 08/09/2019 11932 - Rocking K Custom Leather Hatbands for Ranger Hats 715.00 1092 EFT 08/09/2019 10352 - CMK AUTOMOTIVE INC P94 & P104 Service / Repair brakes 711.98 1133 EFT 08/23/2019 10187 - GARDENLAND POWER EQUIPMENT Equipment Parts & Safety Helmets 698.54 1100 EFT 08/09/2019 10222 - HERC RENTALS, INC.Equipment Rental (BCR) - Boom Lift for Bat Habitat Project 688.51 1115 EFT 08/16/2019 10187 - GARDENLAND POWER EQUIPMENT Pole saw & Pole Pruner repair, parts 663.17 page 2 of 20 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLAIMS REPORT MEETING # 19-22 MEETING DATE: August 28, 2019 Fiscal Year to date EFT:46.90% Payment Number Payment Type Payment Date Notes Vendor No. and Name Invoice Description Payment Amount Finance has started to roll out electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase payment security, and ensure quicker receipt by vendors 1096 EFT 08/09/2019 10524 - ERGO WORKS Chair assembly/delivery 662.18 80437 Check 08/09/2019 11049 - CITY OF EAST PALO ALTO Reimbursement for Replanting Trees - Ravenswood Bay Trail 600.00 80438 Check 08/09/2019 *11530 - COASTSIDE.NET Skyline Broadband 8/1/19 - 8/31/19 550.00 1112 EFT 08/16/2019 10524 - ERGO WORKS Banana-Board System, Keyboard Tray, Assembly Labor 507.80 80476 Check 08/23/2019 *10261 - ADT LLC (Protection One)Alarm Service - 8/28/19 - 9/27/19 469.86 80507 Check 08/23/2019 10338 - THE ED JONES CO INC 3 Ranger Badges 464.36 1130 EFT 08/23/2019 10544 - CORELOGIC INFORMATION SOLUTION Property research services - July 2019 463.50 80467 Check 08/16/2019 *10136 - SAN JOSE WATER COMPANY Water Service (BCR) 5/31/19 - 07/31/19 462.70 80439 Check 08/09/2019 10184 - CONTINUING EDUCATION OF THE BAR CA Muni Law Handbook 2019 458.60 80444 Check 08/09/2019 10366 - MONTGOMERY HIGHLANDS ASSOCIATION Annual Road Maintenance Dues (ES)450.00 80509 Check 08/23/2019 10527 - WASTE MANAGEMENT Debris Disposal 448.30 1132 EFT 08/23/2019 10032 - DEL REY BUILDING MAINTENANCE Janitorial Supplies and Services 448.06 80435 Check 08/09/2019 11814 - AMERICAN PORTABLES BCR Portable Toilets rentals 425.39 80492 Check 08/23/2019 10655 - GRANDVIEW/ESPINOSA ROAD FUND Grandview Espinoza Road Agreement 420.00 1141 EFT 08/23/2019 11479 - Rootid, LLC Website maintenance - 4 retainer hours 378.00 80475 Check 08/23/2019 *12041 - A T & T Mobility (FirstNet)Mobile devices (qty 8) wireless service account #287287740631 352.81 80478 Check 08/23/2019 11814 - AMERICAN PORTABLES BCR Portable Toilets rentals 347.95 1139 EFT 08/23/2019 12060 - Preferred Alliance, Inc.11-20 Off-site participants 335.00 80500 Check 08/23/2019 *10093 - RENE HARDOY AO Gardening Maintenance 325.00 80440 Check 08/09/2019 11195 - GOODYEAR AUTO SERVICE CENTER P98 New Tire 315.90 80447 Check 08/09/2019 *11526 - REPUBLIC SERVICES Monthly Garbage Services - 16060 Skyline Blvd 274.72 1095 EFT 08/09/2019 10038 - ERGO VERA Ergonomic Evaluation 264.00 80461 Check 08/16/2019 10267 - HALF MOON BAY REVIEW Ads for bids Purisima Upland Demolition Project 260.00 80433 Check 08/09/2019 12047 - Advantage Utah #110 index cards for board meeting notification mailings 257.24 80445 Check 08/09/2019 10670 - O'REILLY AUTO PARTS Vehicle Supplies 221.17 1125 EFT 08/23/2019 10240 - ACE FIRE EQUIPMENT & SERVICE INC New & Serviced Fire Extinguishers 211.37 1134 EFT 08/23/2019 11326 - LEXISNEXIS Online Services July 2019 198.00 1114 EFT 08/16/2019 10169 - FOSTER BROTHERS SECURITY SYSTEMS Locks for Map Board Signs 189.66 80482 Check 08/23/2019 10168 - CINTAS Shop Towel Service (FFO & SFO)184.89 1093 EFT 08/09/2019 11940 - Dickenson, Peatman & Fogarty Professional Services - Water Law Counsel thru June 30, 2019 175.00 1137 EFT 08/23/2019 11144 - Peninsula Motorsports ATV 2 - New battery Service 173.16 80505 Check 08/23/2019 10954 - SOUTH BAY REGIONAL PUBLIC SAFETY Ranger Training - Gibbons 170.00 1104 EFT 08/09/2019 10228 - RHF INC Recertify and Calibrate Radar Guns 168.00 80473 Check 08/16/2019 0000A - Coastside Fire Protection District Planning Review Fees Permit # PLN2019-00242 165.00 80502 Check 08/23/2019 10182 - ROYAL BRASS INC Fire Equipment Parts 163.51 1098 EFT 08/09/2019 11151 - FASTENAL COMPANY Mt Um small tools/hardware for restrooms 141.36 80442 Check 08/09/2019 10260 - LUND PEARSON MCLAUGHLIN AO Fire Sprinkler Inspection 140.00 80468 Check 08/16/2019 11197 - SANTA CLARA COUNTY-PARKS & RECREATION DEPT.EMR Training- 1 student, Certificate, Materials 139.00 80496 Check 08/23/2019 *10664 - MISSION TRAIL WASTE SYSTEMS AO Garbage Services 7/1/19 - 7/31/19 136.10 80480 Check 08/23/2019 10141 - BIG CREEK LUMBER CO INC Oljon trail fence 118.24 80474 Check 08/16/2019 0000A - Ola Nielsen Washer & dryer purchase for 20000 Skyline Blvd common area 116.42 page 3 of 20 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLAIMS REPORT MEETING # 19-22 MEETING DATE: August 28, 2019 Fiscal Year to date EFT:46.90% Payment Number Payment Type Payment Date Notes Vendor No. and Name Invoice Description Payment Amount Finance has started to roll out electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase payment security, and ensure quicker receipt by vendors 80454 Check 08/09/2019 10162 - TERMINIX PROCESSING CENTER AO PEST CONTROL 86.00 1140 EFT 08/23/2019 10228 - RHF INC Radar Unit Calibration 84.00 80462 Check 08/16/2019 10670 - O'REILLY AUTO PARTS Vehicle Supplies 80.33 80436 Check 08/09/2019 *10294 - AmeriGas - 0130 Propane (FFO)65.39 80479 Check 08/23/2019 10294 - AmeriGas - 0130 Tank Removal (RSA-Annex)65.39 80481 Check 08/23/2019 11541 - CAPIO (CA ASSN. OF PUBLIC INFO. OFFICIALS)Crisis communications workshop 60.00 80490 Check 08/23/2019 10186 - FEDERAL EXPRESS Shipping - Public Affairs 58.48 80457 Check 08/16/2019 10815 - AMERICAN RED CROSS EMR Training Certificate 36.00 80488 Check 08/23/2019 11642 - Elias Khoury Level II Parking Citation Hearing 35.00 80449 Check 08/09/2019 10182 - ROYAL BRASS INC Cat skid steer parts 29.28 80465 Check 08/16/2019 *10134 - RAYNE OF SAN JOSE Water Service (FOOSP)29.24 80472 Check 08/16/2019 10165 - UPS Ship radar gun for calibration 17.08 80511 Check 08/23/2019 0000A - California Highway Patrol Fee for CHP Traffic Collision Data No: 042.A15572.A11952.190913 15.30 1144 EFT 08/23/2019 11596 - Toshiba America Business Solutions Printer supplies 12.50 Grand Total 554,342.33$ *Annual Claims **Hawthorn Expenses A### = Administrative Office Vehicle HR = Human Resources P### = Patrol Vehicle SCNT = Stevens Creek Nature Trail AO2, AO3, AO4 = Leased Office Space IPM = Invasive Plant Maintenance PCR = Purisima Creek Redwoods SCS = Stevens Creek Shoreline Nature Area BCR = Bear Creek Redwoods ISM = Invasive Species Management PIC= Picchetti Ranch SFO = Skyline Field Office CAO = Coastal Area Office LH = La Honda Creek PR = Pulgas Ridge SG = Saratoga Gap CC = Coal Creek LR = Long Ridge RR = Russian Ridge SJH = Saint Joseph's Hill DHF = Dear Hollow Farm LT = Los Trancos RR/MIN = Russian Ridge - Mindego Hill SR= Skyline Ridge ECdM = El Corte de Madera M### = Maintenance Vehicle RSA = Rancho San Antonio T### = Tractor or Trailer ES = El Sereno MB = Monte Bello RV = Ravenswood TC = Tunitas Creek FFO = Foothills Field Office MR = Miramontes Ridge SA = Sierra Azul TH = Teague Hill FOOSP = Fremont Older Open Space Pres.OSP = Open Space Preserve SAO = South Area Outpost TW = Thornewood Abbreviations page 4 of 20 MIDPENINSULA REGION CLAIMS REPORT MEETING # 19-22 MEETING DATE 08-28-19 GL Date Amount 6/30/2019 11,480.20 6/30/2019 10,694.01 6/30/2019 4,949.05 6/30/2019 3,898.00 6/30/2019 3,850.00 6/30/2019 3,024.74 6/30/2019 2,918.73 6/30/2019 2,666.00 6/30/2019 2,645.00 6/30/2019 2,538.85 6/30/2019 2,412.20 6/30/2019 2,322.25 6/30/2019 1,815.00 6/30/2019 1,767.24 6/30/2019 1,573.79 6/30/2019 1,414.13 6/30/2019 1,331.92 6/30/2019 1,259.98 6/30/2019 1,226.97 6/30/2019 1,213.66 6/30/2019 1,184.13 6/30/2019 1,138.30 6/30/2019 1,116.83 6/30/2019 1,071.00 6/30/2019 1,065.00 6/30/2019 1,057.54 6/30/2019 1,000.00 6/30/2019 999.96 6/30/2019 971.14 6/30/2019 950.00 6/30/2019 930.81 6/30/2019 924.84 6/30/2019 852.07 6/30/2019 824.17 6/30/2019 820.00 6/30/2019 785.83 6/30/2019 765.45 6/30/2019 739.03 6/30/2019 685.79 6/30/2019 648.16 6/30/2019 630.00 6/30/2019 627.58 6/30/2019 576.00 6/30/2019 575.00 6/30/2019 568.68 6/30/2019 535.34 6/30/2019 529.82 6/30/2019 525.00 6/30/2019 519.93 6/30/2019 513.24 6/30/2019 506.10 6/30/2019 504.36 6/30/2019 492.62 6/30/2019 491.13 6/30/2019 490.00 6/30/2019 488.00 6/30/2019 486.95 6/30/2019 485.80 6/30/2019 481.99 6/30/2019 478.15 6/30/2019 457.76 6/30/2019 437.97 6/30/2019 436.91 6/30/2019 425.00 6/30/2019 420.00 6/30/2019 392.95 6/30/2019 390.99 6/30/2019 369.41 6/30/2019 357.13 6/30/2019 356.35 6/30/2019 350.00 6/30/2019 343.78 6/30/2019 340.51 6/30/2019 339.65 6/30/2019 338.00 6/30/2019 333.54 6/30/2019 332.70 6/30/2019 331.77 6/30/2019 326.60 6/30/2019 325.00 6/30/2019 321.27 6/30/2019 300.00 6/30/2019 300.00 6/30/2019 300.00 6/30/2019 299.66 6/30/2019 299.03 6/30/2019 292.00 6/30/2019 284.00 6/30/2019 280.69 6/30/2019 280.32 6/30/2019 280.19 6/30/2019 275.00 6/30/2019 272.17 6/30/2019 271.15 6/30/2019 254.99 6/30/2019 250.00 6/30/2019 245.53 6/30/2019 243.32 6/30/2019 243.00 6/30/2019 241.89 6/30/2019 238.80 6/30/2019 237.96 6/30/2019 232.87 6/30/2019 231.50 6/30/2019 228.00 6/30/2019 223.40 6/30/2019 223.39 6/30/2019 223.06 6/30/2019 222.77 6/30/2019 222.59 6/30/2019 222.36 6/30/2019 212.50 6/30/2019 208.44 6/30/2019 207.65 6/30/2019 206.13 6/30/2019 202.98 6/30/2019 202.88 6/30/2019 201.06 6/30/2019 197.18 6/30/2019 195.56 6/30/2019 194.95 6/30/2019 185.50 6/30/2019 181.97 6/30/2019 181.36 6/30/2019 180.00 6/30/2019 179.44 6/30/2019 179.00 6/30/2019 176.27 6/30/2019 175.31 6/30/2019 174.86 6/30/2019 174.80 6/30/2019 160.34 6/30/2019 159.98 6/30/2019 159.05 6/30/2019 159.00 6/30/2019 157.10 6/30/2019 155.26 6/30/2019 152.68 6/30/2019 150.00 6/30/2019 149.99 6/30/2019 149.90 6/30/2019 146.59 6/30/2019 144.13 6/30/2019 142.23 6/30/2019 141.32 6/30/2019 141.14 6/30/2019 140.85 6/30/2019 139.77 6/30/2019 139.51 6/30/2019 139.09 6/30/2019 137.40 6/30/2019 135.63 6/30/2019 135.56 6/30/2019 131.82 6/30/2019 129.13 6/30/2019 129.04 6/30/2019 127.10 6/30/2019 126.63 6/30/2019 125.92 6/30/2019 125.90 6/30/2019 125.00 6/30/2019 124.26 6/30/2019 123.84 6/30/2019 123.00 6/30/2019 122.13 6/30/2019 120.63 6/30/2019 119.95 6/30/2019 119.36 6/30/2019 117.90 6/30/2019 117.36 6/30/2019 117.00 6/30/2019 116.95 6/30/2019 116.10 6/30/2019 113.36 6/30/2019 110.74 6/30/2019 110.00 6/30/2019 106.18 6/30/2019 106.16 6/30/2019 104.00 6/30/2019 103.85 6/30/2019 99.84 6/30/2019 99.28 6/30/2019 97.72 6/30/2019 95.02 6/30/2019 94.42 6/30/2019 91.89 6/30/2019 90.44 6/30/2019 90.00 6/30/2019 85.98 6/30/2019 85.60 6/30/2019 85.02 6/30/2019 83.93 6/30/2019 82.74 6/30/2019 81.26 6/30/2019 80.47 6/30/2019 80.00 6/30/2019 79.03 6/30/2019 78.40 6/30/2019 76.29 6/30/2019 75.00 6/30/2019 72.00 6/30/2019 70.23 6/30/2019 69.17 6/30/2019 68.61 6/30/2019 68.43 6/30/2019 68.17 6/30/2019 66.99 6/30/2019 65.62 6/30/2019 65.48 6/30/2019 62.66 6/30/2019 61.47 6/30/2019 61.16 6/30/2019 60.43 6/30/2019 60.36 6/30/2019 59.99 6/30/2019 59.44 6/30/2019 58.87 6/30/2019 58.00 6/30/2019 57.09 6/30/2019 55.56 6/30/2019 54.64 6/30/2019 54.55 6/30/2019 54.49 6/30/2019 54.49 6/30/2019 53.93 6/30/2019 53.41 6/30/2019 52.93 6/30/2019 52.50 6/30/2019 51.65 6/30/2019 50.86 6/30/2019 50.23 6/30/2019 50.00 6/30/2019 50.00 6/30/2019 49.36 6/30/2019 49.00 6/30/2019 49.00 6/30/2019 47.96 6/30/2019 47.96 6/30/2019 46.00 6/30/2019 45.87 6/30/2019 45.85 6/30/2019 43.96 6/30/2019 43.59 6/30/2019 42.99 6/30/2019 42.92 6/30/2019 42.38 6/30/2019 41.88 6/30/2019 41.53 6/30/2019 41.21 6/30/2019 40.41 6/30/2019 40.36 6/30/2019 40.31 6/30/2019 40.00 6/30/2019 39.00 6/30/2019 38.78 6/30/2019 38.14 6/30/2019 38.14 6/30/2019 37.99 6/30/2019 37.41 6/30/2019 37.08 6/30/2019 36.98 6/30/2019 36.98 6/30/2019 36.74 6/30/2019 36.00 6/30/2019 36.00 6/30/2019 35.83 6/30/2019 35.41 6/30/2019 35.25 6/30/2019 35.00 6/30/2019 34.75 6/30/2019 34.40 6/30/2019 33.87 6/30/2019 33.54 6/30/2019 33.50 6/30/2019 33.00 6/30/2019 32.65 6/30/2019 32.61 6/30/2019 32.52 6/30/2019 31.16 6/30/2019 31.04 6/30/2019 30.00 6/30/2019 30.00 6/30/2019 29.95 6/30/2019 29.76 6/30/2019 28.74 6/30/2019 28.57 6/30/2019 28.28 6/30/2019 27.90 6/30/2019 26.64 6/30/2019 25.88 6/30/2019 25.85 6/30/2019 24.99 6/30/2019 24.75 6/30/2019 24.43 6/30/2019 24.37 6/30/2019 24.15 6/30/2019 23.34 6/30/2019 23.16 6/30/2019 22.91 6/30/2019 22.83 6/30/2019 21.99 6/30/2019 21.79 6/30/2019 21.79 6/30/2019 21.21 6/30/2019 19.95 6/30/2019 19.68 6/30/2019 19.57 6/30/2019 19.56 6/30/2019 19.56 6/30/2019 19.55 6/30/2019 19.32 6/30/2019 19.00 6/30/2019 18.61 6/30/2019 18.49 6/30/2019 18.28 6/30/2019 17.98 6/30/2019 17.98 6/30/2019 17.66 6/30/2019 17.58 6/30/2019 17.30 6/30/2019 16.48 6/30/2019 16.25 6/30/2019 16.25 6/30/2019 15.96 6/30/2019 15.04 6/30/2019 14.20 6/30/2019 14.16 6/30/2019 14.00 6/30/2019 13.97 6/30/2019 13.94 6/30/2019 13.65 6/30/2019 12.95 6/30/2019 12.05 6/30/2019 11.76 6/30/2019 11.76 6/30/2019 10.93 6/30/2019 10.87 6/30/2019 10.63 6/30/2019 10.35 6/30/2019 10.21 6/30/2019 10.09 6/30/2019 10.00 6/30/2019 9.99 6/30/2019 8.71 6/30/2019 8.14 6/30/2019 7.90 6/30/2019 7.86 6/30/2019 7.60 6/30/2019 7.58 6/30/2019 7.00 6/30/2019 6.73 6/30/2019 6.30 6/30/2019 5.99 6/30/2019 5.95 6/30/2019 5.46 6/30/2019 3.91 6/30/2019 3.00 NAL OPEN SPACE DISTRICT Wells Fargo Credit Card - June 2019 9 Description Polaris Ranger EV for Coastal Outpost Portable corral fencing for McDonald Ranch Water tanks for community and MidPen Fire supression Equipment rentals for BCR Ribbon-Cutting Ceremony (06/07/19) BCR Emergency Tree Removal before Grand Opening LED lamps for AO upgrade Telephone Service all offices. Shuttle payment for Special Park Districts Forum 5/7/19 Prepaid - Week long cybersecurity training 7/29 - 8/2 M213 BIT Inspection, Repairs/Modifications and Standard Service Fire hose Part for Fiber optic project: SPF Plus modulus for firewalls Carbon offsets for 2018 business flights - Climate Action Plan ID badge printer SMC building permit fees for demolition permits UV Bulbs Tires and Alignment for P95 Legal Ads - Request for Bids for Tree Mitigation Site at BCR Alma College Rehab design plans for SCC permit Block for sidewalk and retaining wall Catering for BCR Ribbon-Cutting Ceremony hosted 6/7/19 UV for 1195 Skyline Blvd Promotional branded items - pencils and notepads Promotional branded item - drawstring bags Prepaid - CalPerla Conference Nov 18-22 Office Equipment - IKEA Cabinetry for radio equipment Prepaid - Misac Annual membership for all IST Roof, windshield, back panel for Polaris Binder chains and rachet load binder Re-surface bathtub/shower at 16060 #D Skyline Blvd SA-Twin Creeks Fence Rental - 5/31 - 6/11 Laminate Tile flooring for Monte Bello cabin Portable Meter Kit for field use Ext Warr for rodent control at 22322 Skyline 6/14/19 - 6/13/21 Annex house garage - rodent control services for Mar - May Submersible sump pump Shuttle services for BCR Opening Weekend 6/16/19 Wireless Access Points 4 New sets of green tablecloths and Midpen logo runners Kestrel weather meter TRAFx vehicle counter Pad locks for OSP Gates BCR Steel Door for Bat Shed Los Altos Chamber Membership 6/19 - 5/20 Prepaid - Website Analytics - Yearly Subs Jun 19 - Jun 20 Rigging line/cable SCNT Material Prepaid - MMNAC Conference Registration FY19/20 District Provided Fire Boots - Carlson Promotional branded giveaway items - pens SFP Plus transmitters x 4 Disposable respirators Dewalt circular saws FOOSP Sanitation Service Historical Aerial subscription Portable battery jumper Shuttle for Special Parks District Forum 5/7/19 Egonomic desk SA-Kennedy Rd Sanitation Service Leak repair main AO Boiler unit Sit/stand desk for Gibbons Poison Oak Treatment Supplies Replacement batteries for UPS Prepaid - Registration for MMANC Annual Conference Oct 13-16 Prepaid - Registration costs for Cal-IPC symposium Oct 15-18 Bear Creek Redwoods and Midpen logo stickers Commuter check program 6/21 Lumber, Grinder Cutoff Wheel Ergonomic items Montebello Cabin supplies Cal-IPC Conference Registration for Nov 15-19, 2019 Locks for gates and key supplies Lodging - CMAA 2019 Prof Const Mgmt Course Jun 2019 T24 Rebuilding Rams for Kubota Tractor and 3 Point Hitch SFP Plus transmitters x 4 Printing of Display Boards and Logos for BCR Opening Hazard material disposal Portable water pump Legal Ads - Request for Bids for SCVWD grant Snatch block for M37 Quick reference guides for incident response Prepaid - Payment to DocuSign 6/19/19 - 6/18/20 Room rental deposit for board meeting 8/14/19 Workshop - Endangered Salt Marsh Harvest Mouse Lodging - Public Works Academy training 6.21.19 SAO Supplies Monthly storage unit fee CPS Classification & Comp Class May 22-23 District Shirts for field staff Prepaid - Survey software - yearly subs 6/6/19 - 6/6/20 SAO Supplies SOD Symposium for Elena Wolff 6/25 - 6/27 Prepaid - Annual Lynda.com training 6/5/19 - 6/4/20 BCR Bat Shed Locks Office Supplies - paper Public Stakeholder Workshop 6/5/19 Subfloor materials for main area repair Fiber optic switch Office equipment and supplies FFO Compliance Signs Tablecloths - Dry cleaning SFP Plus transmitters x 4 Tools for facilities Veterinary exam and lab work for Twix - District gopher snake BAAQMD Permit fee Weathertech floor mats for P121 Weathertech floor mats for P123 Fire pants for Ingram Tools Prepaid - Recurring bi-annual news subs 13 weeks 7/1/19 Board Meal for board meeting on June 12, 2019 Marketing e-mail - May 2019 Public Works Academy training - Vehicle Rental Breakfast for Midpen Contractors Event 06/13/19 Two pair binoculars assigned to Rangers SAO Shop Supplies USB Flash drives x 10 DHF Building Materials FFO Paint for HazMat Shed and Misc Supplies Sawzall for facilities van Kitchen Supplies - regular coffee Table mounted power plugs FFO Shop Supplies Deck Mower Pulley Renewal of online Costco Membership for 2019 Window Security Bar for CAO shop Onboarding webinar 06/25/19 New faucet & supplies for Bergmann residence kitchen Wex Card sleeves SAO Materials Coffee for Bear Creek Redwoods Opening BCR Restroom Supplies Equipment batteries Ranger candidate skills assessment lunch License for BCL EasyPDF - Used as part of permits database Hotel for GovTech Conference in Anaheim Vehicle Keys BCR Lumber and Supplies Prepaid - PARMA Annual Dues Renewal 7/1/19 - 6/30/20 Vehicle code reader Poison oak relief Building permit reactivation fees for SCNT Bridges Vehicle Rental to attend CMAA Course Jun 2019 Board Meal for board meeting on June 19, 2019 Fire extinguisher, mount bracket and warning triangle kit SAO Supplies Tools for M220 Lunch for EC Staff department project retreat 06.24.19. Work Boot Supplies for 5050 meeting rooms SAO Supplies BCR Materials for Bat House Spray paint and painters tape for BC lot painting SFO Diesel Tank Vent cap replacement part Poison oak soap Wildlife camera SD cards Lamps for AO Sunblock Canon pocket camera and memory card for Ranger Brown FFO Kitchen Supplies Reg for CA Climate Action Planning Conference 8/15 - 8/16 Departmental working meeting lunch purchase Ergonomic items 30 - Hour OSHA Construction Safety Training Buckets for SFO shop EMO Interviews Panel Lunch Chaps for maintenance crew Respirators Litter Sticks Sunscreen EMT recertification Tools and supplies for new truck M232 HR Interview Panel Lunch Promotional branded giveaway item - stickers Batteries, paper towels, tissues, sunscreen, visitor water IIMC membership dues for GM Office Admin Assistant 7/1 - 6/30 Ergonomic items Ca Water Book for the NR Water Resources Specialist For BCR Equestrian Breakfast - Opening Event Tool Handles Multifold paper towels Office Supplies SFO kitchen water filters Interview panel lunch - IST Mgr recruitment HDMI Cables for Conference Rooms Parts for fire pumpers Lunch for RP and NR Cloverdale all-day field trip Airport Parking HBS Training Snake Tongs Office Supplies - paper clips, binder clips, white-out Promotional branded giveaway item - stickers SAO Sander and Paper Server wall rack for SFO & 5050 Storage bins for Volunteer tools & materials pH2 Meter for use testing water quality in the field Ergonomic items Posts for Signs For BCR Equestrian Breakfast - Opening Event NR equipment - wader boots Honorarium gift - All Docent Qtrly Meeting June 10 Web store hosting - May 2019 ID badge ribbon Replacement chainsaw part Facebook Advertising - May 2019 Tools and supplies for M232 Ribbon for id badge printer Office Supplies - note pads, glossy paper, flags Cable extender, cable ties SAO Supplies HazMat Stickers for Containers (FFO) BCR Equestrian Breakfast - Opening Event District issued polo and shirt for Assistant General Manager FFO Compliance Signs Laptop holding base Ribbon for id badge printer FFO Paint for HazMat Shed Waterproof boots for NR Intern Backup postcard card stock paper Backup District Polos Ergonomic items Plumbing install parts for UV unit MBC Office supplies Dedicated handcart for portable lectern for offsite meetings Bluetooth mouse City of East Palo Alto tree removal permit services Materials for Bat House and GP Lunch paper bags & easel weights - BCR opening events 6/7/19 Environmental Filing - NOE for Haight-Peery Property Spray paint for BC lot gates, paper towels, center punch Poison ivy soap Refreshments for Ranger Skills Assessment Center City Clerks Assoc of CA Education workshop - Brown Act 6/7 Environmental filing - notice of exemption for Folger property Snacks for volunteer projects Social Media Mgmt Software - May 2019 ASAP extension for Excel (software) Training Consortium lunch Bin to store NR equipment for decontamination Industrial Mop Certification Stamp Extension cord for CAO ATV Vehicle chargers and supplies Office equipment and supplies Silicon Valley Bike Summit Registration - Y. Kishimoto Part for new trailer T50 Donuts for BCR Ribbon - Cutting Waterproof notebooks Repair part for AMPAC tottler - small equipment Datasafe - Shredding Services Socket Set for P115 SAO Supplies Training Consortium lunch Fastrak refresh PDF Viewer - May 2019 Drinks for all Docent Quarterly Mtg & enrichment presentation Clear Sign Holders for BCR Opening Events. Name badges for supply room TideWe Bootfoot Chest Waders for the NR Intern 08/19 Hose bibb for residence Wind shield wipers, tire pressure/tread depth gauges Ergonomic Items Winshield water nozzle kits Towing shackles Podcast Hosting for Interpretive Tours GovTech Conference Parking at SJ Airport Ext Warr for rodent control at 22322 Skyline 6/14/19 - 6/13/21 FFO Labels for HazMat Drums Wheel attachment for decontamination bin Lunch meeting with GM and Pete Siemens Exhaust fan belts Surge protector battery Signboard Keys (receipt lost) Bottled water for the public Sunblock Pond turtle citizen science program - pins for volunteers BCR Ice for Event Kitchen Supplies - Tea Snacks for volunteer projects Office supplies for Planning and EC Staff Training Consortium lunch Airline bag fee for travel to Pub Works Academy training Airline bag fee for travel to Pub Works Academy training Podium Microphone Clamp Training Consortium lunch Tools and supplies for new truck M232 Office & Kitchen Supplies - note pads, surface cleaner Two Interp/env ed books ordered Office Supplies - tablet stand Vehicle chargers and supplies Coffee pots Office supplies SFO Toilet Repair in Mens Restroom Annual Lynda.com training 6/5/19 - 6/4/20 Snacks for volunteer projects Board drinks for board meetings M15 Hooks for Safety Chains Breakfast for Midpen Contractors Event 06/13/19 Printing of Fact Sheets for Hwy 17 Meeting Office & Kitchen Supplies - dish detergent, erasers, pencils Gas - rental vehicle 06.21.19 Ergonomic items Kitchen Supplies - napkins White board for shop Lightbulbs for AO shower Bagels for Seasonal OSTs Last Day Survey software - yearly subs 6/6/19 - 6/6/20 Office & Kitchen Supplies - coffee filters, sharpie markers Hose bibb for residence Volunteer Supplies FFO Vehicles Windshield Washer Fluid Website Analytics - Yearly subscription Jun 19 - Jun 20 Lock re-key for new conference rooms Supplies for Montebello Cabin Planner III panel snacks Office Supplies - post-it notes and scissors Rechargeable LED spot light for field use Rechargeable LED spot light for field use T55 Trailer gate keeper bolts Office Supplies - staples GovTech Conference in Anaheim rental car IST Manager panel snacks Name badges for staff/volunteers Name badges for staff/volunteers Ongoing newspaper subscription Air rifle scope rings for bull frog removal FFO HazMat Buckets Office Supplies - scissors Gas - rental vehicle to attend CMAA Course Jun 2019 Refreshments for public stakeholder workshop Paint for AO maintenance Volunteer Supplies Two TickCheck sets, tick remover & tweezers for field use Shipping costs Office supplies for Planning and EC Staff Office supplies for Planning and EC Staff Montebello Cabin supplies Timers/Interp supplies Volunteer Supplies Deck screws for Montebello Cabin Parts for fire pumpers Office Supplies - desk hook for HR department Styrofoam recycling fee Desiccant packets for acoustic recording units Lubrication sheets for document shredder 9 Volt batteries Postage for mailing tick Supplies for Montebello Cabin Screws Get well card for Neal Sharma at POST GIS Helpdesk BAAQMD Permit transaction fee TRAFx vehicle counter fee from Canada BCR Sign Board Part Office equipment and supplies Montebello Cabin supplies Pipe Clamps Parking for a mtg in San Mateo with Save the Redwoods League Rev. 1/3/18 R-19-111 Meeting 19-20 August 28, 2019 AGENDA ITEM 9 Award of Contract for Environmental Services for the Beatty Parking Area and Trail Connections Project at Sierra Azul Open Space Preserve GENERAL MANAGER’S RECOMMENDATIONS 1.Authorize the General Manager to enter into a multi-year contract with LSA Associates, Inc., to provide environmental and permitting consulting services to support the Beatty Parking Area and Trail Connections Project for a base contract amount of $159,124. 2. Authorize a 15% contingency of $23,876, to be expended only if necessary to cover unforeseen conditions, for a not-to-exceed contract amount of $183,000. SUMMARY The Beatty Parking Area and Trail Connections Project (Project) fulfills an obligation stemming from the 2008 partnership purchase for the former Beatty property between the County of Santa Clara (County) and Midpeninsula Regional Open Space District (District) to build a trail linking Lexington Reservoir County Park and Sierra Azul Open Space Preserve. It also meets Measure AA commitments under Portfolio 22 to develop parking in the Cathedral Oaks area of Sierra Azul. To guide the designs of the parking area and trail connection and assist with future permitting, the District seeks technical expertise to evaluate environmental site conditions, conduct technical studies, perform environmental review, consult with regulatory agencies, and prepare permit applications. Based on the results of a Request for Proposals (RFP) issued on June 14, 2019, the General Manager recommends awarding a contract to LSA Associates, Inc., for a base amount of $159,124 and authorizing a 15% contingency, for a total contract amount not-to-exceed $183,000. The Fiscal Year (FY) 2019-20 budget includes sufficient funds to cover expenditures through June 30, 2020. Funds to complete the contract work in FY2020-21 will be proposed as part of the annual Budget and Action Plan process. BACKGROUND In April 2008, the District purchased the Beatty property located at 17820 Alma Bridge Road near Lexington County Park as an addition to Sierra Azul Open Space Preserve (Preserve) (Attachment 1). The County contributed $950,000 toward the District’s purchase (R-08-14) and in exchange, the District granted the County a conservation easement over the property with the following allowances and a time-specific requirement: •Plan, design and construct facilities for the public’s use of the property, including but not limited to, multi-use trails, public parking areas, public restrooms, wildlife observation R-19-111 Page 2 and environmental educational facilities, visitor centers, picnic areas, backpack camps, employee residences, maintenance facilities, and related infrastructure such as water systems; • Conduct natural resource restoration and resource management, and restoration of cultural, historical, and agricultural or natural resources; • Construct a trail connection from the Beatty property to the Priest Rock Trail within fifteen years from the date of the recording of the easement (March 11, 2008). While the conservation easement only calls for the District to construct a trail connection to the Priest Rock Trail within fifteen years, the Beatty property has been identified as a possible location for parking in prior District planning efforts for Sierra Azul. The Beatty property is strategically located off a main highway with areas of flat terrain that can support parking to access the trail system east of Highway 17. A new parking area and connecting trail would be eligible for Measure AA funding under Portfolio 22 (Sierra Azul: Cathedral Oaks Public Access and Conservation Projects), which includes: “Develop multi-use trail… Develop parking… Install trailside amenities”. In 2011, the District evaluated this property as a potential field office site, but after preliminary site investigations, a field office was deemed infeasible due to the lack of water availability. In 2018, staff initiated the planning and preliminary site design for public access improvements. DISCUSSION The overall project consists of a parking area at the Beatty property (Attachment 1) and a trail connection from the new parking area to the Priest Rock Trail in the western area of the Preserve. Key project components include: • New parking area with equestrian trailer spaces, trailhead infrastructure, signage, and restroom (exact location within the property and number of parking spaces pending feasibility and environmental evaluations) (Attachment 2); • New trail connection from the Beatty property to the Priest Rock Trail (approximately 1.3 miles with multiple trail bridges/creek crossings) (Attachment 2); • New trail connection between the new District parking area and an existing Lexington Reservoir County Park parking lot located across Alma Bridge Road; • Minor improvements to existing interior roads; • Possible culvert or bridge to access the new parking area, depending on final design; • Interpretive exhibits explaining the history of the site; and • Reuse of an existing well to water equestrian troughs. The District is seeking an environmental and permitting services consultant to inform the final design of both the parking lot and trail. Staff plans to conduct the parking lot design in-house through the design development phase (approximately 65%). Upon Board approval of the project, an engineering consultant contract will be brought to the Board for approval to complete the construction bid documents for the parking lot. District crews will construct the trail. A R-19-111 Page 3 separate trail consultant will be retained to prepare technical plans necessary to secure permits from the resource agencies and County for the creek crossings. The scope of work under the recommended environmental and permitting services contract includes the following: •Feasibility Analysis – review and evaluate parking area options and trail alignment options to help minimize potential environmental impacts •Environmental Feasibility – conduct jurisdictional wetland and riparian delineations, biological, archaeological, and historic resources evaluation •Environmental Review – conduct environmental review for compliance with the California Environmental Quality Act (CEQA) and prepare the CEQA document •Permitting Strategy – provide guidance on the most effective permitting approaches to inform project design alternatives •Planning and Community Engagement Support – support Use and Management (U&M) Plan development and community outreach (e.g. respond to CEQA comments) •Mitigation and Permitting – prepare necessary permits after consulting and negotiating with permitting agencies Consultant Selection A RFP was issued on June 14, 2019 and posted on the District website and on BidSync to solicit interest from qualified professionals with expertise in environmental planning, review, and monitoring services. A mandatory pre-proposal meeting was held on June 20, 2019 and attended by nine (9) people from six (6) firms. The deadline for submission of proposals was July 2, 2019. A total of two (2) proposals were received as shown below: Firms Location Proposed Fee MIG Berkeley, CA $310,779 LSA Pt. Richmond, CA $159,124 Upon review of the proposals and consultant qualifications, the District ranked LSA Associates, Inc., as the most qualified and best suited for the project at a fair and reasonable price. LSA Associates, Inc., has experience working on similar District projects and submitted a detailed methodology for evaluating biological/cultural resources and developing a permitting strategy. FISCAL IMPACT The FY2019-20 adopted budget includes sufficient funds ($404,544) for the Beatty Parking Area and Trails Connection Project MAA22-004 to cover the recommended action and expenditures. The overall project cost will be developed and refined as the project team evaluates various parking and trail design options. On May 15, 2019, the Board of Directors (Board) approved a Grant Agreement for $149,906 with the Santa Clara Valley Water District (Valley Water) to help fund the Beatty Trail Connection project (R-19-57). The District will continue to seek grant funding opportunities for construction and contribute Measure AA funds to the project. R-19-111 Page 4 Beatty Parking Area & Trails Connections MAA22-004 Prior Year Actuals FY2019-20 Adopted FY2020-21 Projected Estimated Future Years TOTAL District Funded (Fund 30): $58,825 $373,638 $586,250 $3,380,150 $4,398,863 Safe, Clean Water Priority D3 Grant Amount: $0 $30,906 $19,000 $100,000 $149,906 Total MAA22-004 Budget: $58,825 $404,544 $605,250 $3,480,150 $4,548,769 Spent-to-Date (as of 07/18/2019): ($58,825) $0 $0 $0 ($58,825) Encumbrances: $0 $0 $0 $0 $0 LSA Associates, Inc. contract: $0 ($95,000) ($64,124) $0 ($159,124) 15% Contingency: $0 $0 ($23,876) $0 ($23,876) Budget Remaining (Proposed): $0 $309,544 $517,250 $3,480,150 $4,306,944 The following table outlines the Measure AA portfolio 22 Sierra Azul: Cathedral Oaks Public Access and Conservation Projects, allocation, grants received, costs-to-date, and the fiscal impact related to the Beatty Parking Area and Trails Connections project MAA22-004. The Project supports MAA22-004 by establishing a new parking area and trail connection in the Cathedral Oaks area of Sierra Azul Open Space Preserve. MAA22 Sierra Azul: Cathedral Oaks Public Access and Conservation Portfolio Allocation: $6,714,000 Grants Awarded: $217,017 Life-to-Date Spent (as of 07/18/2019): ($1,085,483) Encumbrances: ($188,005) LSA Associates, Inc. Contract Including Contingency: ($183,000) Portfolio Balance Remaining (Proposed): $5,474,529 PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE Retention of professional consultants will not result in a direct physical change to the environment [CEQA Guidelines Section 15060(c)(2)] and does not constitute Board approval of the proposed project or related proposed project elements. The Board will consider approval of the proposed project elements as part of the CEQA certification and approval of the Use and Management Plan, which is scheduled for Summer 2020. NEXT STEPS Following Board approval, the General Manager will direct staff to enter into a contract with LSA Associates, Inc., to provide environmental services in support of the Beatty Parking Area and Trail Connections Project. The table below provides a tentative project schedule, where construction would not begin until after Board approval of the Use and Management Plan and CEQA certification. R-19-111 Page 5 Milestones Tentative Schedule Review and Approval Feasibility evaluation, conceptual design of parking and trail connection, project description development Fall 2019 – Spring 2020 PNR review and Board approval of project description Technical Studies Fall 2019 – Spring 2020 Environmental Review and CEQA Certification, U&M Plan Summer 2020 Board Approval of CEQA and U&M Plan Attachments 1.Project Area Map, Former Beatty Property Site Map 2.Beatty Trail Connection General Alignment and Possible Parking Areas Responsible Department Head: Jane Mark, AICP, Planning Department Prepared by: Leialani Hufana, Planner II, Planning Department ·|}þ17 Former Beatty Property 21 LexingtonReservoir Park(S. Cl. Co.) San Jose Water Co. Priest Rock Trail Limekiln Trail Flume Trail B e ar C r e e k R o a d A l m a Bridge Road S o da Springs Road LexingtonReservoir Priest Rock Limeki l n C k . S o d a S p r i n g C r e e k Limekiln Ck. Sanborn - Skyline Park(S. Cl. Co.) ·|}þ17 Midpeninsula RegionalOpen Space District Attachment 1: Former Beatty Property Site Map May, 2011 Pa t h : G : \ P r o j e c t s \ S i e r r a _ A z u l \ B e a t t y \ B o a r d R e p o r t _ W e i s s _ c o n t r a c t . m x d Cr e a t e d B y : g b a s s o n ! ! ! Saratoga Los Gatos 0 0.50.25Miles I (MROSD) Area ofDetail Si e r ra A zul O S P While the District strives to use the best available digital data, this data does not represent a legal survey and is merely a graphic illustration of geographic features. Other Protected Open Spaceor Park Lands MROSD Preserves Developed Land Private Property Watershed Land MROSD Conservationor Agricultural Easement Non MROSD Conservationor Agricultural EasementFormer Beatty Property Sierra AzulOpen Space Preserve Well Location St. Joseph's HillOpen Space Preserve Bear Creek RedwoodsOpen Space Preserve !P !P !P !P S I E R R A A Z U L O P E N S PA C E P R E S E R V E Potential Parking Areas A B C !i !i !i Miller Point Banjo Point County Lot Rowing Club Lot Midpeninsula Regional Open Space District (MROSD) March 2019 Attachment 2: Beatty Property: Proposed Trail and Parking Area Pa t h : G : \ P r o j e c t s \ S i e r r a _ A z u l \ B e a t t y \ P a r k i n g L o t a n d T r a i l \ S p e c i f i c _ P a r k i n g T r a i l _ 2 0 1 9 0 3 0 5 . m x d Cr e a t e d B y : j h a w k 0 500250 FeetI MROSD Preserves While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features. Area of Detail ÄÆ35 ÄÆ9 ÄÆ17 ÄÆ17 ÄÆ35 ÄÆ85 Campbell Saratoga Los Gatos Road Unpaved Seasonal Road Proposed Beatty to Priest Rock Trail Connection Hiking, Bicycling, Equestrian Trail Juan Bautista and Bay Area Ridge Trail !i Proposed Parking Area Existing Parking Area Rev. 1/3/18 R-19-119 Meeting 19-22 August 28, 2019 AGENDA ITEM 8 AGENDA ITEM Award of Contract to Hanford Applied Restoration & Conservation for the Ravenswood Bay Trail Connection Revegetation and Plant Maintenance Project GENERAL MANAGER’S RECOMMENDATIONS 1. Authorize the General Manager to award a contract to Hanford Applied Restoration & Conservation of Petaluma, CA for a base amount not-to-exceed $294,500 to complete the Ravenswood Bay Trail Connection Revegetation and Plant Maintenance Project. 2. Authorize a 15% contingency of $44,175 based on the base amount to be expended only if necessary to cover unforeseen conditions. 3. Authorize an allowance of $47,615 for Bid Alternates #11 through #14 (alternate project schedule and additional watering, weeding, and seeding events), bringing the total not-to- exceed contract amount to $386,290. SUMMARY The Ravenswood Bay Trail Connection Revegetation and Plant Maintenance Project will complete mitigation work required for temporary and permanent impacts associated with the Ravenswood Bay Trail Connection Project at Ravenswood Open Space Preserve (R-19-107). The scope of work includes the construction of two refuge islands, berm site preparation and enhancement along approximately 1,950 linear feet of trail, installation of approximately 2,600 native plants, native grass and forb seeding, and five years of plant maintenance, including watering, weeding, replacement planting, and reporting. The Ravenswood Bay Trail Project is located adjacent to and within the baylands, a sensitive habitat area that is highly regulated (R- 19-107). Twelve (12) local, regional, state and federal permits are required. Pending issuance of all regulatory permits, work for this contract is anticipated to be completed from September 2019 through September 2024, for a total not-to-exceed contract amount of $386,290. The General Manager recommends awarding a contract to Hanford Applied Restoration & Conservation (Hanford) in the base amount of $294,500; authorizing a 15% contingency of $44,175, based on the base amount; and authorizing an allowance of $47,615 for the bid alternate schedule and additional watering, weeding and seeding events, bringing the not-to-exceed total contract amount to $386,290. The first year of work, during Fiscal Year (FY) 2019-20, will cost approximately $177,300, of which $148,700 (revegetation) is eligible for Measure AA funding. Remaining FY2019-20 contract expenses of $28,600 (maintenance) will be funded by the General Fund. R-19-119 Page 2 The adopted FY2019-20 project budget in Measure AA Fund 30 is insufficient to cover the recommended action and expenditures (revegetation); however, potential grant funding that is currently in progress and applicable to this project would be sufficient to cover the remaining project budget needs in FY2019-20. If the grant funds do not materialize, there are sufficient funds in Measure AA Portfolio 02 (Regional: Bayfront Habitat Protection and Public Access Partnerships); a corresponding budget adjustment to amend the project budget would be brought to the Board during the quarterly budget adjustment process. There are sufficient funds in the adopted FY2019-20 operating budget to cover the recommended action and expenditures that fall under maintenance work. Future maintenance costs associated with this contract will be budgeted for as part of the annual Budget and Action Plan process. DISCUSSION With the implementation of the Ravenswood Bay Trail Connection Project, regulatory agencies require mitigation for temporary and permanent impacts associated with construction activities. The Ravenswood Bay Trail Connection Revegetation & Plant Maintenance Project (Project) will complete the required mitigation work outlined in the Ravenswood Bay Trail Connection Habitat Mitigation Monitoring Plan (MMP), prepared by H.T. Harvey & Associates. The scope of work includes the construction of two refuge islands, berm site preparation and enhancement along approximately 1,950 linear feet of trail, the installation of approximately 2,600 native plants, native grass and forb seeding, and five years of plant maintenance, including watering, weeding, replacement planting, and reporting. Due to the proximity to the San Francisco Bay, the Project has a seasonal restriction, requiring construction activities within 700 feet of Cooley Marsh to occur between September 1 and January 31. Furthermore, given the proximity to special status species, all work within the marsh will be under direct supervision of a United States Fish and Wildlife Service (USFWS) approved bio-monitor (R-19-94). The Project is still awaiting final issuance of regulatory permits. Staff has been working diligently with regulatory agencies to secure the permits and anticipate receiving these permits prior to the commencement of revegetation work. The Project requires experience working in sensitive marsh habitat where bio-monitors will be required to complete a majority of the revegetation and plant maintenance work to ensure no special status species are impacted and impacts to the sensitive marsh habitat are minimized. Staff has evaluated several options to determine if revegetation and plant maintenance work could be accomplished by Volunteers or Field Staff in the Land and Facilities Department (R-17- 101). The District has incorporated volunteers into revegetation work where feasible such as the Mount Umunhum restoration project and Grassroots Ecology restoration work at Ravenswood Preserve. However, given the regulatory oversight and sensitive environment, volunteers are not recommended for this project. Currently, the Land and Facilities Department does not have staffing levels available to complete the Ravenswood Bay Trail revegetation work and five years of plant maintenance. Due to the level of expertise required to work in sensitive marsh habitat and high level of regulatory oversight, staff recommends that a contractor with work experience on similar projects in marsh habitat complete the Project. R-19-119 Page 3 Contractor Selection Midpeninsula Regional Open Space District (District) issued a Request for Bids (RFB) on July 1, 2019 that was sent to three contracting firms, local builders’ exchanges, and posted on the District website and BidSync. Legal notices were posted in the San Jose Mercury and Palo Alto Weekly. Three firms attended a mandatory pre-bid tour on July 16, 2019. Two addenda were issued. The District received two (2) bid proposals on July 25, 2019. Bidder Location Total Base Bid Percent Difference from Cost Estimate of $327,600 Additive Alternates #11-14 Hanford Applied Restoration & Conservation Petaluma, CA $294,500 -10.1% $47,615 Confluence Restoration Santa Cruz, CA $298,972 -8.8% $29,600 Upon review of the Bid Proposals and confirmation of the contractor’s qualifications, Hanford of Petaluma, CA was determined to be the lowest responsible and responsive bidder based on the Total Base Bid. A 15% contingency of $44,175, based on the base amount, is recommended to address unanticipated issues such as low survival rates of installed nursery plants. Additional nursery plant installation in Year 3 may be required if the revegetation site does not meet the success criteria outlined in the Mitigation Monitoring Plan. In addition, the recommended contract amount includes the following optional Bid Alternates as a separate allowance: Bid Alternate #11: Alternate Revegetation & Plant Maintenance Schedule* $3,500 Bid Alternate #12: One (1) Additional Weeding Event* $9,825 Bid Alternate #13: Six (6) Additional Watering Events* $27,960 Bid Alternate #14: One (1) Additional Seeding Event* $6,330 *Bid Alternates not included in 15% contingency calculation Total $47,615 Bid Alternate #11, Alternate Project Schedule, is a fixed cost for the Contractor to postpone landscape site preparation and revegetation activities one year if all permits are not issued prior to the 2019 seasonal restriction construction window (September 1 – January 31). So far, permits are expected to be issued by August 31, 2019. This alternate is included as a precaution in the remote chance a schedule delay occurs. Bid Alternates #12, #13, and #14 are for additional weeding, watering, and seeding events beyond those included in the base bid if weather and other site conditions require additional work. R-19-119 Page 4 FISCAL IMPACT Revegetation work is usually eligible for Measure AA (MAA) funding, while subsequent plant maintenance is funded by the General Fund. Both activities are addressed separately below. Revegetation The adopted FY2019-20 budget for the Ravenswood Bay Trail Design and Implementation Project (MAA02-002) is $1,976,760. In July 2019 the Board approved three (3) expenditures associated with the project that equal this fiscal year’s project budget: – a contract amendment with H.T. Harvey and Associates (R-19-94); – a construction contract with Granite Rock Company (R-19-107; and – the purchase of Wetland Mitigation Bank Credits (R-19-99). The adopted FY2019-20 project budget is insufficient to cover the recommended action and expenditures; however, potential grant funding that is currently in progress and applicable to this project would be sufficient to cover the remaining project budget needs in FY2019-20. If for any reason the District does not receive grant funding this fiscal year, there are sufficient funds in Measure AA Portfolio 02 (Regional: Bayfront Habitat Protection and Public Access Partnerships); a corresponding project budget adjustment would be taken to the Board at a future date to amend the project budget. Staff will continue to monitor project expenditures. Estimated future year project expenditures remain unchanged at this time. The following table outlines the Ravenswood Bay Trail Design and Implementation project (MAA02-002) budget and fiscal impact of the recommended actions. Ravenswood Bay Trail Design and Implementation (MAA02-002) Prior Year Actuals FY2019-20 Adopted Estimated Future Years TOTAL District Funded (Fund 30): $378,409 $551,849 $1,589,452 $2,519,710 Grants Awarded: $512,374 $1,424,911 $818,043 $2,755,328 Total Budget: $890,783 $1,976,760 $2,407,495 $5,275,038 Spent-to-Date (as of 07/26/2019): ($890,783) ($7,450) $0 ($898,233) Encumbrances (including contracts approved in FY20): $0 (2,064,458) ($2,407,495) ($4,471,953) Hanford Applied Restoration & Conservation Contract: $0 ($123,800) $0 ($123,800) Contingency (15%, based on MAA eligible work): $0 ($18,570) $0 ($18,570) Additional Allowance (Bid Alternate #14, MAA eligible): $0 ($6,330) $0 ($6,330) Budget Remaining (Proposed): $0 ($243,848) $0 ($243,848) The following table outlines the Measure AA Portfolio 02 (Regional: Bayfront Habitat Protection and Public Access Partnerships) allocation, costs-to-date, and the fiscal impact related to the Ravenswood Bay Trail Design and Implementation project MAA02-002. MAA02 Portfolio Allocation: $5,052,000 Grants and Donations Awarded: 2,755,328 Life-to-Date Spent (as of 07/26/2019): (2,106,495) Encumbrances (including contracts approved in FY20): (4,597,220) R-19-119 Page 5 Hanford Applied Restoration & Conservation Contract, including 15% contingency and allowance: (148,700) Portfolio Balance Remaining (Proposed): $954,913 Maintenance There are sufficient funds in the adopted FY2019-20 operating budget to cover the costs of the first year of operating activities (maintenance and watering). Sufficient funds for operating activities will be requested in future years as needed during the annual Budget and Action Plan process. The recommended action’s operating activities (maintenance and watering) are not funded by Measure AA. BOARD COMMITTEE REVIEW The Real Property Committee held a meeting on February 16, 2016 in the City of East Palo Alto to provide committee members and the public with a status update on the Project and trail easement acquisition from the SFPUC to close the Bay Trail gap. On November 16, 2016, the Board approved the conceptual trail alignment and certified the Initial Study/ Mitigated Negative Declaration (IS/MND) (R-16-146). 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 for the Bay Trail Connection at Ravenswood Open Space Preserve, certified by the Board on November 16, 2016 (R-16-146). NEXT STEPS Upon approval by the Board, the General Manager will award a contract to Hanford to complete the Project. Pending issuance of all regulatory permits, revegetation work will begin in September 2019 and be completed by January 31, 2020. Plant maintenance activities will begin upon completion of native plant installation work and be completed by September 2024. Attachment: 1. Ravenswood Bay Trail Revegetation Project Site Map Responsible Department Head: Kirk Lenington, Natural Resources Department Prepared by: Amanda Mills, Resource Management Specialist II Graphics prepared by: Francisco Lopez Tapia, Data Analyst I !P !( !( E A S T PA L O A LT O S F P U C R A V E N S W O O D O P E N S P A C E P R E S E R V E S F B a y P R O P O S E D I S L A N D N O R T H B E R M W E S T B E R M S O U T H B E R M B a y R d B a y R d Bay Tr a il B a y Trail B a y T r a i l B a y T r a i l Fordham St Stevens Ave T u l a n e A v e Purdue Ave GonzagaSt Illinois St Pulgas Ave Tara St RW01 M i d p en i n su la Re g i onal Op e n S p a ce D i st r i ct (M id pe n) 7/2 3/2 0 19 Ra venswoo d B ay Tra il Reveget ati on Pr oje c t Si te Ma p Path: G:\Projects\Ravenswood\Revegetation_ProjectSite\Revegetation_ProjectSite_20190722.mxd Created By: FLOPEZ 0 800400 FeetI MROSD Preser ves Pr ivate Proper ty While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features. Area of Detail ÄÆ35 ÄÆ82 ÄÆ101 ÄÆ84 ÄÆ85 ÄÆ84 ÄÆ35 ÄÆ280 ÄÆ280 ÄÆ101 ÄÆ85 ÄÆ280 Redwood City San Carlos Belmont East Palo Alto Los Altos Mountain View Palo Alto Menlo Park Sunnyvale Other Protected Lands !(Pr o po s ed Refu ge Island B er m E nhancement Area Tr ail Wetl an d ÉÉÉÉÉ É ÉÉÉ Tr a i l I m p r ovements Pa ved Tr ai l B o ar dw a l k B ri dg e SF P U C Se r vi c e R o ad/ Pa ved Tr ai l Rev. 1/3/18 R-19-120 Meeting 19-22 August 28, 2019 AGENDA ITEM 11 AGENDA ITEM Award of Contract to San Francisco Estuary Institute for Formation of a Science Advisory Panel GENERAL MANAGER’S RECOMMENDATIONS 1. Award a contract to San Francisco Estuary Institute for the formation of a Science Advisory Panel and first round of scientific review for a contract amount of $100,000 across Fiscal Year 2019-20 and Fiscal Year 2020-21. 2.Authorize the General Manager to extend the contract for an additional round of scientific review, if the program is successful, for an additional $100,000, bringing the total contract to $200,000 ending in Fiscal Year 2021-22. SUMMARY The General Manager recommends a sole source contract with San Francisco Estuary Institute (SFEI) to form a Science Advisory Panel to enhance the scientific validity of Midpeninsula Regional Open Space District’s (District) open space management decisions and practices. SFEI is uniquely qualified to provide these services to the District. The contract amount would be $100,000 for each round of scientific review, with the first round taking place across Fiscal Year (FY) 2019-20 and FY2020-21. If the program is successful, the contract would be extended for a second round of scientific review across FY2020-21 and FY2021-22 for an additional $100,000, bringing the total contract to $200,000. There are sufficient funds in the adopted FY2019-20 budget to cover the cost of the recommendation. The Science Advisory Panel would prepare up to three summary white papers on key topics of interest to the District and up to three reviews of specific land management projects or actions in the first round of scientific review, with results being presented to staff and the Board of Directors (Board) in fall 2020. DISCUSSION A Science Advisory Panel (SAP) would enhance the scientific validity of open space management decisions and serve as an important resource to inform regional management topics. Additionally, a SAP would provide an independent science-based review of the District’s land management practices and decisions. The Board received a presentation on March 27, 2019 (R- 19-32) on the functions of a SAP from a representative of San Francisco Estuary Institute (SFEI). The District regularly works on projects that require scientific expertise to inform land management. Staff typically includes subject matter expertise on project teams. Additionally, staff have worked with local academic institutions on numerous projects to ensure that resource management decisions incorporate the latest research results, or directly drive scientific R-19-120 Page 2 exploration of key topics by funding original research. The District’s practice of contracting with subject matter experts and local researchers ensures that staff applies the best and most current scientific findings to District projects. However, it can be challenging to translate scientific findings into land management decisions. Moreover, seemingly contradictory findings can exist on a subject, requiring a trained expert familiar with the full breadth of findings to determine ‘what the science says’ on a particular subject. Having a larger, independent scientific review body, such as a SAP, provides an opportunity to have a third party review panel with a wide breadth of expertise evaluate leading research, address potential contradictory findings, and arrive at important conclusions to guide and confirm complex or controversial land management decisions for the District. Based on staff research, the General Manager recommends using a sole source contracting model to secure SAP services, which would provide flexibility in the formation and use of a body of scientists to provide independent review of District projects and topics of interest. The qualifications and justification for selecting two locally esteemed science institutions, SFEI and Point Blue Conservation Science (Point Blue), were described at the Board Retreat (R-18-148) and further discussed by the Board at their March 27, 2019 meeting (R-19-32). SFEI functions as an independent scientific body supporting environmental management throughout the region, specializing in water resources and pollutants. Point Blue is an interdisciplinary science nonprofit that works on a variety of land management and technical areas relevant to the District’s interests, including rangelands, restoration, and climate change. SFEI and Point Blue have worked jointly on several projects. Because each organization has complementary conservation science expertise, the General Manager recommends forming a SAP as a contractual arrangement through SFEI, with Point Blue as a subcontractor. This structure would take advantage of SFEI’s administrative experience running similar advisory bodies and tap into the significant terrestrial and working lands expertise provided by Point Blue. The initial responsibilities of a SAP would be to prepare up to three summary white papers on key topics of interest to the District, and up to three reviews of specific land management projects or actions. The contract would fund one such round of scientific review, with the option to extend to a second round of scientific review if successful. The first round of scientific review would start in FY2019-20 and run into FY2020-21, and the second round would start in FY2020- 21 and run into FY2021-22. The timing of the two rounds would be different in order to sync up with the Budget and Action Plan cycle. The process and first round timeline would be as follows (see also Process and Timeline Diagram, Attachment 1, for additional detail): Step 1: Topic Selection (Round 1 September-December 2019) SFEI will convene a staff workshop to brainstorm topics for white papers and management action reviews. A memo describing potential topics will be sent to Board members to invite feedback and topic suggestions. Then, SFEI will convene a workshop with the Planning and Natural Resources (PNR) Committee to review the potential topics and Board member feedback and select up to five topics to recommend for consideration by the full Board. Finally, SFEI will convene a workshop of the full Board to consider PNR’s recommended topics and make the final topic selection, ranking the topics in order of priority. SFEI will develop a research scope and budget for each selected topic. Staff will negotiate topic scopes with SFEI to ensure they fit within budget and authorize SFEI to proceed with research on the agreed topic scopes. Staff may determine there is not enough budget to proceed with all of the Board’s selected topics and only authorize the top priority topics to proceed. R-19-120 Page 3 Step 2: Research (Round 1 January-September 2020) SFEI will customize the research process to each topic, which may include literature reviews, data analysis, convening technical advisors, etc. SFEI will develop a process for ongoing communication and feedback with District staff throughout the research stage. Step 3: Results (Round 1 October 2020) SFEI will provide written reports on each topic as they are completed. Staff will review and determine the appropriate deliverable for each topic based on interest and relevance: FYI memo, presentation to the PNR Committee, or presentation to the full Board. After the first round of SAP review, staff will evaluate how well the process and deliverables met District needs and identify improvements. Based on the evaluation, SFEI’s contract would be extended and a second round of SAP review would be held in conjunction with the FY2021- 22 Budget and Action Plan cycle. FISCAL IMPACT There are sufficient funds in the adopted FY2019-20 budget to cover the cost of the recommendation. Additional funds would be requested in future years as part of the annual Budget and Action Plan process. The annual cost would vary based on the number and complexity of topics and management actions requested for review. The recommended action is not funded by Measure AA. BOARD COMMITTEE REVIEW This item is presented to the full Board given full Board interest. 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 (CEQA). NEXT STEPS If awarded, SFEI would commence the topic selection process. Board members would receive a memo in October 2019 inviting feedback and suggestions on potential topics from staff. The PNR Committee would have a workshop in November 2019 to review and recommend topics. The full Board would have a workshop in December 2019 to consider and prioritize the topics recommended by the PNR Committee. Research results would be shared with the Board in fall 2020. Attachment 1. Process and Timeline Diagram Responsible Department Head: R-19-120 Page 4 Kirk Lenington, Natural Resources Manager Prepared by: Hayley Edmonston, Management Analyst I, Natural Resources Contact person: Kirk Lenington, Natural Resources Manager Staff brainstorming workshop; memo of topic ideas to Board members •Round 1: October 2019 •Round 2: January 2021 PNR Committee workshop to review and recommend topics •Round 1: November 2019 •Round 2: January 2021 Board workshop to consider recommended topics for selection •Round 1: December 2019 •Round 2: February 2021 Develop scope and budget for selected topics •Round 1: December 2019 •Round 2: March 2021 Research; ongoing communication and feedback •Round 1: January- September 2020 •Round 2: July 2021-April 2022 Written report on each topic; staff determine appropriate deliverable •Round 1: By October 2020 •Round 2: By May 2022 FYI memo, PNR presentation, or Board presentation •Round 1: October 2020 •Round 2: May 2022 Topic Selection Research Results Attachment 1 R-19-116 Meeting 19-22 August 28, 2019 AGENDA ITEM 6 AGENDA ITEM Award of Contract to Humboldt Fence Company for Replacement of Livestock Perimeter Fencing in Toto Ranch, which is a part of Tunitas Creek Open Space Preserve GENERAL MANAGER’S RECOMMENDATIONS 1. Authorize the General Manager to award a contract to Humboldt Fence Company to construct a replacement livestock perimeter fence for a base contract amount of $90,824 in support of the conservation grazing program at Toto Ranch. 2. Authorize a 5% contingency of $4,541to be expended only if unforeseen site conditions are encountered, such as bank slippage or minor adjustments to fence location, for a total contract not-to-exceed $95,365. SUMMARY The existing perimeter fence along State Highway 1 on Toto Ranch at Tunitas Creek Open Space Preserve is inadequate to keep livestock from exiting the property and entering the highway. The replacement perimeter fence will be 7,202 linear feet long and keep cattle on the property. A Request for Bids (RFB) was issued on June 28, 2019 resulting in five (5) bid proposals with Humboldt Fence Company as the lowest responsible and responsive bidder. The General Manager recommends awarding a contract to Humboldt Fence Company for a base contract amount of $90,824 and authorizing a 5% contingency of $4,541 for a not-to-exceed contract amount of $95,365. The contract work is scheduled to be complete by the end of the October 2019. Sufficient funds are included in the current Fiscal Year (FY) 2019-20 Budget. DISCUSSION The Toto Ranch grazing unit is located nine miles south of Half Moon Bay and is currently grazed under the Midpeninsula Regional Open Space District’s (District) Conservation Grazing Program by Doniga and Erik Markegard of Markegard Family Grass Fed. Access to the ranch is off State Highway 1. The proposed replacement perimeter fence runs parallel to State Highway 1 along the western property boundary. Over time, the slope where the current perimeter fence is located has eroded. In several places, this erosion has left deep gullies where the fence is suspended in mid-air. These gaps may allow cattle to get under the fence. The fence is also in overall poor condition. The grazing tenant has erected temporary fencing until the replacement fence is constructed. The District is responsible for ensuring that the grazing infrastructure, including perimeter fencing, is in reasonable condition. When the District acquired Toto Ranch, the perimeter R-19-116 Page 2 fencing was showing signs of disrepair and it has continued to degrade. Consistent with all District grazing leases, it is the responsibility of the grazing tenant to maintain the fence once it is replaced by the District. The replacement fence will be set 20 feet off the edge of any erosion gully into stable pastureland. This offset will ensure that the fence remains effective even if the gullies continue to erode over time. The estimated length of the replacement fence is 7,202 linear feet. The fence will be constructed consistent with standard District wildlife-friendly livestock fence specifications of five (5) strands of wire, the top four (4) barbed wire with the bottom wire smooth to allow safe passage by small native wildlife. Contractor Selection A Request for Bids was issued on June 27, 2019 via BidSync and released to five local builders’ exchanges. Legal notices were posted in the San Mateo County Times and Half Moon Bay Review, and an Invitation to Bid was posted on the District website. A mandatory bid walk was held July 15, 2019 with nine (9) contractors in attendance. The detailed breakdown of the five (5) bids received is as follows: Bidder Location Total Bid Percent Difference from Cost Estimate of $133,150 Humboldt Fence Fortana, CA $90,824 -31.79% Conlin Fence Stockton, CA $98,714 -25.86% Dan Fowler Construction Prather, CA $108,923 -18.20% Ranch Fence Mariposa, CA $117,949 -11.42% Hammer Fence Tracy, CA $118,857 -10.73% FISCAL IMPACT The adopted Fiscal Year (FY) 2019-20 budget includes $174,225 for the Toto Ranch Perimeter Fence Repair. There are sufficient funds in the project budget to cover the recommended action and expenditures. #61013 - Toto Ranch Perimeter Fence Repair Prior Year Actuals FY2019-20 Adopted Estimated Future Years TOTAL 61013 Budget: $320 $174,225 $0 $174,545 Spent-to-Date (as of 7/29/19): ($320) ($81) $0 ($401) Encumbrances: $0 $0 $0 $0 Humboldt Fence Contract: $0 ($90,824) $0 ($90,824) Contract Contingency: $0 ($4,541) $0 ($4.541) Budget Remaining (Proposed): $0 $78,779 $0 $78,779 The recommended action is not eligible for Measure AA reimbursement. R-19-116 Page 3 BOARD COMMITTEE REVIEW This item was not previously reviewed by a Board Committee. PUBLIC NOTICE Public notice was provided as required by the Brown Act, including adjacent neighbors. CEQA COMPLIANCE Project Description The project consists of constructing a 7,202 linear foot replacement perimeter fence along the western boundary of Toto Ranch at Tunitas Creek Open Space Preserve. The fencing will provide a cattle tight boundary fence preventing unsafe livestock access to State Highway 1. The fencing will be standard wildlife-friendly livestock fencing comprised of five strands of wire. The top four strands of wire are barbed, and the bottom strand is wildlife-friendly smooth wire. CEQA Determination The District concludes that this project is categorically exempt from the California Environmental Quality Act (CEQA) Review process under Article 19, Section 15301 as follows: Section 15301 exempts operation, repair, restoration, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The Preliminary Use and Management Plan specifies the property will be operated and maintained in a natural condition and there will be no expansion of use. NEXT STEPS Pending Board approval, the General Manager will execute a contract with Humboldt Fence Company to complete the perimeter livestock fencing as recommended in this report. Construction is scheduled to be completed by October 31, 2019. Attachment: 1. Toto Ranch Location and Project Map Responsible Department Head: Michael Jurich, Land and Facilities Manager Prepared by: Susan Weidemann, Property Management Specialist II Graphics: Francisco Lopez, GIS Technician !!!!!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!! ! ! ! !!!!!!!! ! ! ! ! !!!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !! ! ! ! ! !!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! !!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !P !P !P S t a r H i l l R o a d !P Gully Privately Owned Gate GullyGully "S "S Staging Area Portable Restroom Area Fence Terminates tie into existing fence ÄÆ1 ÄÆ1 TC03 TUNITAS CREEK OPEN SPACE PRESERVE Midpeninsula Regional Open Space District (Midpen) 8/20/2019 Highway 1 Perimeter Fence on Toto Ranch Pa t h : G : \ P r o j e c t s \ T u n i t a s _ C r e e k \ T o t o R a n c h \ P e r i m e t e r F e n c e \ T C _ H w y 1 _ P r o p o s e d F e n c e _ 2 0 1 9 0 6 2 1 . m x d Cr e a t e d B y : F L O P E Z 0 800400 FeetI While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features. Area of Detail ÄÆ101 ÄÆ84 ÄÆ280 ÄÆ84 ÄÆ92 ÄÆ35 ÄÆ1 ÄÆ35 ÄÆ9 ÄÆ280 ÄÆ1 ÄÆ35 Half Moon Bay Redwood City San Carlos Menlo Park Existing Fence/Natural Barrier! ! ! Proposed Fence! ! ! Preserve Boundary Unpaved All-Seasonal Road !P Existing Gate !P Proposed 14' Gate Attachment 1 Rev. 1/3/18 R-19-115 Meeting 19-22 August 28, 2019 AGENDA ITEM 3 AGENDA ITEM Award of Contract for Bergman Residences Reconstruction Phase III at Russian Ridge Open Space Preserve GENERAL MANAGER’S RECOMMENDATIONS 1. Authorize the General Manager to enter into a contract with Belz Construction to complete the Bergman Residences Reconstruction Phase III at Russian Ridge Open Space Preserve for a base contract amount of $238,000. 2. Authorize a 15% contingency of $35,700, to be reserved for unanticipated issues, thus allowing the total contract amount not-to-exceed $273,700. SUMMARY The Midpeninsula Regional Open Space District (District) rents and maintains several residential structures on the former Bergman property at Russian Ridge Open Space Preserve. The scope of the recommended contract includes repairs and improvements to two residences for improved habitability. The scope encompasses Phase III of a four-phased project. District staff issued a Request for Bids for the Bergman Residences Reconstruction Phase III Project (Project) on June 28, 2019. Staff opened 2 bids on Thursday, July 25, 2019. The General Manager recommends awarding a contract to Belz Construction as the lowest responsive and responsible bidder for a base amount of $238,000, and authorizing a 15% contingency of $35,700, for a total not-to- exceed amount of $273,700. Work is scheduled to begin in September 2019 and conclude in January 2020. Sufficient funds are included in the Fiscal Year (FY) 2019-20 Budget. DISCUSSION Background The District purchased the property located at 20000 Skyline Boulevard (see Exhibit A) in the unincorporated area of San Mateo County on November 29, 2010 (Board Report #10-115) with five (5) occupied residences. Over the past few years, tenants have moved out of four of the five residences; only the Old House is currently occupied. When the District applied for a building permit to replace a deck, the San Mateo County (County) Planning Department raised several permitting issues with the buildings. One structure had a permit that was never finalized, three structures had non-permitted additions, and one structure was not permitted at all. The County issued the deck permit on condition that the District would resolve the other permit issues. Staff worked with County Planning to warrant and finalize permits on four (4) structures, requiring the removal of unpermitted additions to three (3) structures and full demolition of one (1) non-permitted structure. The District will retain four R-19-115 Page 2 structures: Main House, Old House, Guest House, and Carriage House. The non-permitted structure identified for demolition is the Granny House, which will be removed during Phase IV. Cogstone was hired to perform a historical assessment of all structures at the Bergman compound in January 2019. Six (6) buildings/structures on the property are more than fifty years old and two (2) are less than fifty years old. All structures were evaluated for the California Register of Historical Places and none were identified to be eligible (See Attachment 2). The recommended contract will complete Phase III of a four-phased project. All four phases of the full project are described below: • Phase I Site cleanup - completed in FY2017-18 • Phase II Demolition and improvements - completed in FY2018-19. • Phase III Improvements to two (2) residences, includes lead and asbestos abatement. (contract) Main House: bathroom remodel, new living room windows and doors, new siding on the southwest corner of residence, new kitchen appliances, and new flooring in the bedrooms and kitchen. Old House: window and siding replacement, minor bathroom and kitchen upgrades, and new basement access. Repairs and improvements will improve habitability. • Phase IV Demolition of the Granny House, Stable and ancillary structures - to begin in FY2020-21 When Phase III improvements are complete, the Main House will be available for rent. The Old House is occupied, and the guest house is currently available for rent (staff is soliciting interest for the guest house at this time). The estimated annual market rent for the Main House is $35,000, the Guest House is $12,000, and the Old House is $17,000. Due to County requirements, the carriage house does not qualify as a residential rental unit. It will be used as storage for the rental units and as a common use laundry facility. Contractor Selection A Request for Bids was issued on June 28, 2019 and released on BidSync. A legal notice was posted in the San Mateo County Times and Half Moon Bay Review, and a link to the solicitation was posted on the District website. Two (2) general contractors attended a mandatory pre-bid meeting and site walk at the project site on July 9, 2019. Sealed bids were due on July 25, 2019, and two (2) contractors submitted a bid. Belz Construction is the lowest responsible and responsive bidder for this project. The bid is $238,000. Table 1. Bergman Residences Reconstruction Phase III (Base Bid) Bidder Location Total Bid Percent Difference from Project Estimate for Construction only of $251,750 1. Belz Construction Orangevale, CA $238,000 -5.7% 2. SAE Consulting San Jose, CA $239,239 -5.2% A 15% contingency of $35,700 is recommended for unanticipated repair issues that may be uncovered once the work begins. For example, the work involves replacing several exterior R-19-115 Page 3 walls on highly exposed structures that are over 50 years old with minimal prior maintenance, posing a high possibility for dry-rot damage that would need to be addressed if found onsite. The recommended contingency would bring the total not-to-exceed contract amount to $273,700. FISCAL IMPACT The FY2019-20 adopted budget includes $327,050 for the Russian Ridge – Bergman Residences Reconstruction Phase III project. There are sufficient funds in the adopted FY2019-20 budget to cover the recommended Phase III actions and expenditures. #61009 - Bergman Residences Reconstruction Prior Year Actuals FY2019-20 Adopted FY2020-21 Projected TOTAL 61009 Budget: $359,290 $327,050 $143,750 $830,090 Spent-to-Date (as of 7/29/19): ($359,290) ($163) $0 ($359,453) Encumbrances: $0 $0 $0 $0 Belz Construction Contract: $0 ($238,000) $0 ($238,000) Contract Contingency: $0 ($35,700) $0 ($35,700) Budget Remaining (Proposed): $0 $53,187 $143,750 $196,937 The recommended action is not eligible for Measure AA reimbursement. BOARD COMMITTEE REVIEW This item was not previously reviewed by a Board Committee. PUBLIC NOTICE Public notice was provided as required by the Brown Act, including adjacent neighbors. CEQA COMPLIANCE This item is not a project subject to the California Environmental Quality Act. These improvements and hazardous materials remediation are categorically exempt under section 15301, Existing Facilities, of the California Environmental Quality Act. Section 15301 exempts the repair, maintenance, or minor alteration of existing public or private structures, facilities, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination, including the demolition of individual small structures. NEXT STEPS If approved by the Board of Directors, the General Manager will enter into a contract with Belz Construction to perform general construction services for Phase III of the Project. Final contract signature is subject to meeting all District requirements, such as having all required insurance and bonding in place. Phase III is scheduled to be completed by January 31, 2020. Improvements to the access road are scheduled for this fiscal year. The final step, Phase IV, to demolish the R-19-115 Page 4 granny house, horse stable, and shed and fulfill our agreement with the County is scheduled for FY 2020-21. Attachment(s) 1. Site Map 2. Cogstone Historical Resource Evaluation excerpt, Building Complex at 20000 Skyline Boulevard, San Mateo County Responsible Department Head: Michael Jurich, Land and Facilities Services Manager Prepared by: Jean Chung, Property Management Specialist I Graphics prepared by: Francisco Lopez Tapia, GIS Technician Intern !P Old House Main House Carriage House/Apartment Stable/ Tack Room/ StorageGarage/Storage PrivateParcel GrannyHouse Guest House Shed Alder S p ring Trail 2 2 0 0 2 0 0 0 20 0 0 1 8 0 0 2 0 0 0 1 8 0 0 1 8 0 0 1 6 0 0 2 2 0 0 2 2 0 0 1600 2 0 0 0 RR10 M i d p en i n su la Re g i onal Op e n S p a ce D i st r i ct (M RO S D) O ct o b er 2 01 8 Att ac hment 1: Sit e Ma p - 20000 Skyl ine Bo ul e var d Path: G:\Projects\Russian_Ridge\Bergman\SiteMap_Bergman\SiteMap_20000SkylineBlvd_20181022.mxd Created By: flopez 0 300150 FeetI MROSD Preser ves Pr ivate Proper ty 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. R U S S I A N R I D G E O P E N S P A C E P R E S E R V E B ergm an Proper ty Area of Detail ÄÆ84 ÄÆ82 ÄÆ9ÄÆ236 ÄÆ35 ÄÆ17 ÄÆ1 ÄÆ280 ÄÆ280 ÄÆ1 ÄÆ85 ÄÆ1 ÄÆ35 Half Moon Bay Redwood City East Palo Alto Mountain View Palo Alto Cupertino Saratoga Sunnyvale B u il di ng 20000 Skyline Blvd. Built Environment Evaluation Cogstone HISTORIC RESOURCE EVALUATION OLD HOUSE The Old House at 20000 Skyline Blvd. is over 50 years old and an example of a double gabled Craftsman. The key elements of this style as seen on this building are the low pitched gabled roof, stone exterior chimney, grouped windows, and the horizontal wood clapboard. The Old House at 20000 Skyline Blvd. is not currently on any lists of historic resources such as the National Register of Historic places, California State Historic Landmarks, California Register of Historic Resources, California Historic Resource Inventory, California Points of Interest, or any local historic resource list. Criterion 1: This building is not associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States and is recommended as not eligible for listing under this criterion. Criterion 2: This building was constructed at the time when the property was used as the manager’s complex for the historic summer home and ranch owned by Mayor of San Francisco, and later Governor of California, James “Sunny Jim” Rolph, Jr. However, there is no evidence that Rolph actually resided on the property, therefore, this distant association is not enough to recommend this building as eligible under this criterion. Criterion 3: This building does not embody the distinctive characteristics of a type, period, region or method of construction or represents the work of a master or possesses high artistic values and is therefore not recommended as eligible under this criterion. Criterion 4: Criterion 4 applies only to archaeological resources. As the building likely predates modern city trash services subsurface historic refuse deposits may be present. Integrity: The Old House still retains its integrity of location and materials. Past alterations to the house have negatively impacted its integrity of design and workmanship. Some loss of setting is due to development of the Main House to the northwest. GUEST HOUSE The Guest House at 20000 Skyline Blvd. is over 50 years old and an example of a double gabled Craftsman. The key elements of this style are the low pitched roof, sleeping porch at the rear of the house, stone exterior chimney, horizontal wood clapboard, grouped windows, and triangular knee braces. 1 Attachment 2 20000 Skyline Blvd. Built Environment Evaluation Cogstone 2 The Old House is not currently on any lists of historic resources such as the National Register of Historic places, California State Historic Landmarks, California Register of Historic Resources, California Historic Resource Inventory, California Points of Interest, or any local historic resource list. Criterion 1: This building is not associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States and is recommended as not eligible for listing under this criterion. Criterion 2: This building was constructed at the time when the property was used as the manager’s complex for the historic summer home and ranch owned by Mayor of San Francisco, and later Governor of California, James “Sunny Jim” Rolph, Jr. However, there is no evidence that Rolph actually resided on the property, therefore, this distant association is not enough to recommend this building as eligible under this criterion. Criterion 3: This building does not embody the distinctive characteristics of a type, period, region or method of construction or represents the work of a master or possesses high artistic values and is therefore not recommended as eligible under this criterion. Criterion 4: Criterion 4 applies only to archaeological resources. As the building likely predates modern city trash services subsurface historic refuse deposits may be present. Integrity: The Guest House still retains its integrity of location. Past additions to the building have resulted in designs. The development of the Main House to the west has also negatively impacted the building’s integrity of setting. CARRIAGE HOUSE The Carriage House at 20000 Skyline Blvd. is over 50 years old and is building is a single gable double door auto garage with craftsman elements as seen in the windows of the south end and the horizontal clapboard of the south and north ends of the building. During the Sills/Bergman period of ownership, from 1946- the later 1970s the Sills utilized the Carriage House/Apartment as their workshop for their pottery business. The Carriage House is not currently on any lists of historic resources such as the National Register of Historic places, California State Historic Landmarks, California Register of Historic Resources, California Historic Resource Inventory, California Points of Interest, or any local historic resource list. Attachment 2 20000 Skyline Blvd. Built Environment Evaluation Cogstone 3 Criterion 1: This structure is not associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States and is recommended as not eligible for listing under this criterion. Criterion 2: This structure was constructed at the time when the property was used as the manager’s complex for the historic summer home and ranch owned by Mayor of San Francisco, and later Governor of California, James “Sunny Jim” Rolph, Jr. However, there is no evidence that Rolph actually resided on the property, therefore, this distant association is not enough to recommend this building as eligible under this criterion. Criterion 3: This structure does not embody the distinctive characteristics of a type, period, region or method of construction or represents the work of a master or possesses high artistic values and is therefore not recommended as eligible under this criterion. Criterion 4: Criterion 4 applies only to archaeological resources. As the building likely predates modern city trash services subsurface historic refuse deposits may be present. Integrity: The Carriage House still retains its integrity of location. Significant alterations and additions to this building have resulted in the loss of design. The construction of the Main House to the south west has negatively impacted the building’s setting. STABLE/TACK ROOM/ STORAGE The Stable/Tack Room/Storage at 20000 Skyline Blvd. is over 50 years old and is not currently on any lists of historic resources such as the National Register of Historic places, California State Historic Landmarks, California Register of Historic Resources, California Historic Resource Inventory, California Points of Interest, or any local historic resource list. Criterion 1: This structure is not associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States and is recommended as not eligible for listing under Criterion A/1. Criterion 2: This structure was constructed at the time when the property was used as the manager’s complex for the historic summer home and ranch owned by Mayor of San Francisco, and later Governor of California, James “Sunny Jim” Rolph, Jr. However, there is no evidence that Rolph actually resided on the property, therefore, this distant association is not enough to recommend this building as eligible under Criterion B/2. Attachment 2 20000 Skyline Blvd. Built Environment Evaluation Cogstone 4 Criterion 3: This structure does not embody the distinctive characteristics of a type, period, region or method of construction or represents the work of a master or possesses high artistic values and is therefore not recommended as eligible under (Criterion 3). Criterion 4: Criterion 4 applies only to archaeological resources. Integrity: The Stable/Tack Room/Storage still retains its integrity of location and setting. The building is in a sever state of dilapidation and has resulted in the loss of materials and feeling. SHED The Shed at 20000 Skyline Blvd. is likely over 50 years old and is not currently on any lists of historic resources such as the National Register of Historic places, California State Historic Landmarks, California Register of Historic Resources, California Historic Resource Inventory, California Points of Interest, or any local historic resource list. Criterion 1: This structure is not associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States and is recommended as not eligible for listing under this criterion. Criterion 2: This structure was constructed at the time when the property was used as the manager’s complex for the historic summer home and ranch owned by Mayor of San Francisco, and later Governor of California, James “Sunny Jim” Rolph, Jr. However, there is no evidence that Rolph actually resided on the property, therefore, this distant association is not enough to recommend this building as eligible under this criterion. Criterion 3: This structure does not embody the distinctive characteristics of a type, period, region or method of construction or represents the work of a master or possesses high artistic values and is therefore not recommended as eligible under this criterion. Criterion 4: Criterion 4 applies only to archaeological resources. Integrity: The Shed still retains its integrity of location. Some alteration, additions to the shed’s exterior has resulted in loss of materials; however, it still maintains a general sense of feeling. GRANNY HOUSE The Granny House at 20000 Skyline Blvd is over 50 years old and is an example of a modern architectural style known as Contemporary Style. The key elements of this style are the (less Attachment 2 20000 Skyline Blvd. Built Environment Evaluation Cogstone 5 common) butterfly-esque roof, widely overhanging eaves, the exposed roof beams, its use of natural buildings materials (wood and cinderblock), and the integration of indoor space and outdoor views. Contemporary homes, as seen with the Granny House, often incorporated window walls along with Japanese influences seen in wood construction with exposed timbers and a panelized appearance. The Granny House is not currently on any lists of historic resources such as the National Register of Historic places, California State Historic Landmarks, California Register of Historic Resources, California Historic Resource Inventory, California Points of Interest, or any local historic resource lists. Criterion 1: This building is not associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States and is recommended as not eligible for listing under this criterion. Criterion 2: This building is not associated with the lives or persons important to local, California, or national history and therefor is not recommended as eligible for listing under this criterion. Criterion 3: This building does not embody the distinctive characteristics of a type, period, region or method of construction or represents the work of a master or possesses high artistic values and is therefore not recommended as eligible under this criterion. Criterion 4: Criterion 4 applies only to archaeological resources. Integrity: Granny House still retains its integrity of location and setting. Alterations to the building have resulted in the loss of design and feeling. MAIN HOUSE The Main House at 20000 Skyline Blvd. is 41 years old and therefore not considered historic in age. However, it was evaluated under guidance provided by the Office of Historic Preservation (CEQA 2015). It’s an example of a modern architectural style known as Contemporary Style. The key elements of this style are the low pitched roof with widely overhanging eaves, the exposed roof beams, windows in the gable ends, its use of natural buildings materials (wood, concrete blocks, and terra cotta roof tiles), and the integration of indoor space and outdoor views. Contemporary homes, as seen with the Main House, could be built on steep hillsides as a display of the integration of the home and the landscape. Attachment 2 20000 Skyline Blvd. Built Environment Evaluation Cogstone 6 The Main House is not currently on any lists of historic resources such as the National Register of Historic places, California State Historic Landmarks, California Register of Historic Resources, California Historic Resource Inventory, California Points of Interest, or any local historic resource lists. Criterion 1: This building is not associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States and is recommended as not eligible for listing under this criterion. Criterion 2: This building is not associated with the lives or persons important to local, California, or national history and therefor is not recommended as eligible for listing under this criterion. Criterion 3: This building does not embody the distinctive characteristics of a type, period, region or method of construction or represents the work of a master or possesses high artistic values and is therefore not recommended as eligible under this criterion. Criterion 4: Criterion 4 applies only to archaeological resources. Integrity: The Main House still retains its integrity of location but alterations have diminished other aspects. GARAGE/STORAGE The Garage/Storage at 20000 Skyline Blvd. was constructed in the 1990s and therefore not considered historic in age. However, it was evaluated under guidance provided by the Office of Historic Preservation (CEQA 2015). This structure was used to store hay by then owner, Mrs. Bergman, who raised horses on the property at that time. Criterion 1: This structure is not associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States and is recommended as not eligible for listing under this criterion. Criterion 2: This structure is not associated with the lives or persons important to local, California, or national history and therefor is not recommended as eligible for listing under this criterion. Attachment 2 20000 Skyline Blvd. Built Environment Evaluation Cogstone 7 Criterion 3: This structure does not embody the distinctive characteristics of a type, period, region or method of construction or represents the work of a master or possesses high artistic values and is therefore not recommended as eligible under this criterion. Criterion 4: Criterion 4 applies only to archaeological resources. Integrity: The Garage/Storage structure still retains its integrity of location and setting. The majority of the building is covered by ivy thus making it difficult to ascertain its integrity of feeling, design, material or workmanship. STUDY FINDINGS AND CONCLUSIONS Six of the buildings/structures on the property are more than fifty years old and two are less than fifty years old. Five were built when the property was part of a large country estate but none were the location of historic events or residence by historically important persons and none represent exceptional craftsmanship. Subsurface archaeological resources might be present as trash pits and privies but no indications were directly observed. Three were built after the property was purchased and utilized as the Sills Residence/Skyline Pottery. All were evaluated for the California Register of Historical Places and none were recommended eligible. Demolition and renovations of the existing structures do not require any mitigation due to lack of significance. If unanticipated archaeological resources are unearthed during construction, work should be halted in that area until a qualified archaeologist can assess the significance of the find. Work may resume immediately a minimum of 50 feet away from the find. In the unlikely event that human remains are encountered during project development, all work must cease near the find immediately until it is assessed by the County Coroner. In accordance with California Health and Safety Code Section 7050.5, the County Coroner must be notified if potentially human bone is discovered. The Coroner will then determine within two working days of being notified if the remains are subject to his or her authority. If the Coroner recognizes the remains to be Native American, he or she shall contact the Native American Heritage Commission (NAHC) by phone within 24 hours, in accordance with Public Resources Code Section 5097.98. The NAHC will then designate a Most Likely Descendant (MLD) with respect to the human remains. The MLD then has the opportunity to recommend to the property owner or the person responsible for the excavation work means for treating or disposing, with appropriate dignity, the human remains and associated grave goods. Work may not resume in the vicinity of the find until all requirements of the health and safety code have been met. Attachment 2 R-19-118 Meeting 19-22 August 28, 2019 AGENDA ITEM 12 AGENDA ITEM Contract Change Order with Graniterock Company to Construct the Mud Lake Improvements as part of the larger Bear Creek Redwoods Public Access Project GENERAL MANAGER’S RECOMMENDATIONS 1. Authorize a contract change order for the base amount of $356,489 with Graniterock Company of Watsonville, California to construct the Mud Lake Improvements as part of the larger Bear Creek Redwood Public Access Project, bringing the total contract amount to $4,231,825. 2. Authorize a 15% contingency of $53,474 to cover unforeseen conditions related to the Mud Lake Improvements, for a total contract change order of $409,963 and total not-to-exceed contract amount of $4,285,299. SUMMARY The General Manager recommends increasing the contract with Graniterock Company (Graniterock) using a standard change order by an additional $356,489 and authorizing a 15 % contingency of $53,474, for a new, not-to-exceed contract amount of $4,285,299 to complete the Mud Lake Improvements Project. Graniterock constructed the Bear Creek Redwoods Public Access Project (Public Access Project) and will remain on site through September completing miscellaneous remaining construction items. The existing Mud Lake stormwater drainage system located just west of the new parking area and Bear Creek Road is collapsed and cutoff from the historic outlet at Briggs Creek, which could potentially cause flood damage to the recently constructed Upper Lake Loop Trail and remnant historic shrine during the rainy season. The Mud Lake Improvements Project (Project) will replace the entire existing degraded drainage system. Recent approval of State and Federal permits for the Project allows for construction to begin in September 2019 and be completed by November 2019. Executing a change order with Graniterock is the most cost effective and timely means for implementing this project before the rainy season because the contractor already has workers and equipment mobilized onsite. Therefore, the General Manager recommends increasing the contract with Graniterock to complete the Mud Lake Improvements Project. Construction would start and finish within Fiscal Year (FY) 2019-20. Sufficient funds are included in the FY2019-20 adopted budget. BACKGROUND In April 2018, the Board of Directors (Board) awarded a contract to Graniterock for the construction of the Public Access Project at Bear Creek Redwoods Open Space Preserve (Preserve) to open the western area of the Preserve to public access (R-18-39). Substantial R-19-118 Page 2 completion of the Public Access Project occurred in June 2019, with punch-list items anticipated to be completed in early September. Mud Lake is one of three water bodies (Upper Lake, Lower Lake, Mud Lake) in the Preserve. The Preserve Ponds Assessment and Management Plan (Ponds Management Plan) evaluated the existing Mud Lake stormwater drainage infrastructure and found that the existing system consists of an undersized and partially collapsed outlet pipe in the Mud Lake berm, a failing culvert under Bear Creek Road that threatens the stability of the road, and a 325-foot long collapsed culvert system that parallels Bear Creek Road before daylighting into Briggs Creek. The Ponds Management Plan recommends the complete replacement of the infrastructure. Consistent with the Ponds Management Plan recommendation, the Mud Lake Project would restore drainage from Mud Lake through a repaired lake outlet, reconstructed rock spillway and channel, a new culvert under Bear Creek Road, and a culvert system that replaces the existing collapsed and non-functioning culvert system. The Project would also improve the conditions in the outlet channel into Briggs Creek to a less erosive condition (Attachments 1 and 2). In April 2017, the District initiated permitting consultation with the United States Army Corps of Engineers (USACE), California Department of Fish & Wildlife (CDFW), and Regional Water Quality Control Board (RWQCB) for the Project. A jurisdictional delineation study was completed for the project site in July 2018 by Rincon Consultants. The study confirmed that the majority of the Project fell within jurisdictional areas, requiring State and Federal permitting review and approval. Permit applications were submitted in August 2018. A portion of the Mud Lake drainage system runs underneath the Upper Lake Loop Trail. In November 2018, the District issued a change order to the Public Access Project contract authorizing Graniterock to install portions of the Mud Lake Project’s storm water drainage infrastructure under the Upper Lake Loop Trail. The change order work included 200 linear feet of 24-inch reinforced concrete pipe (RCP) and two drop inlets. These specific components were installed early to eliminate construction related damage to the Upper Lake Loop Trail, and to minimize impacts to public access around Upper Lake during construction. The pipe alignment within this section of the Project area is not considered jurisdictional, which allowed for its placement prior to the issuance of permits, and before installation of the trail. During the 2018 rainy season while the Public Access Project was actively underway, it was observed that overflow from Mud Lake eroded the berm, eventually building up in a retention basin between Bear Creek Road and the historic shrine. As the collapsed culvert no longer allows for flow to Briggs Creek, stormwater flooded the historic shrine area and portions of the Upper Lake Loop Trail before overflowing into Upper Lake. Completion of the Project before the upcoming winter wet season is critical to stabilize the Mud Lake outlet, avoid undercutting and destabilizing Bear Creek Road, and reduce the flooding hazard around the historic shrine and Upper Lake Loop Trail. DISCUSSION The District received the USACE Section 404 and CDFW 1600 permits in July 2019, and the RWQCB Section 401 permit in August 2019 for the Project. Issuance of the jurisdictional permits allows Project construction to begin in September 2019. Permit conditions require that R-19-118 Page 3 all construction work within jurisdictional areas be completed by October 15 to avoid the winter wet season. Executing a change order to Graniterock is the most timely and cost effective means to meet the permit conditions and complete construction prior to the upcoming rainy season. The contractor already has workers and equipment mobilized onsite and has constructed a portion of the Mud Lake Project underneath the Upper Lake Loop Trail. The General Manager recommends amending the contract with Graniterock to complete the Mud Lake Improvements Project. The scope of work under the recommended contract amendment includes the following: • 200 linear feet of 24-inch storm water culverts • Two drop inlets • 60 linear feet of 24-inch storm water culvert under Bear Creek Road • Removal and replacement of the Mud Lake outlet spillway, including a 60-foot rocked overflow spillway • Two stormwater inlet trash racks • Paving repair to Bear Creek Road • Tree protection and erosion control measures • Traffic control on Bear Creek Road The proposed change order amount is $356,489. Staff is requesting a 15% contingency of $53,474 to cover unforeseen conditions due to the uncertainty of underground excavation work in an area that has a long history of human use and disturbance. The total contract change order amount is $409,963. FISCAL IMPACT The FY2019-20 adopted budget includes $393,393 for the Bear Creek Redwoods Ponds Restoration and Water Rights project MAA21-008. There are sufficient funds in the project budget to cover the recommended action and expenditures, excluding the contingency. Staff will monitor project costs and if necessary, bring a budget amendment to the Board at a future date. Construction will be provided in part by an outside funding source. On April 10, 2019, the Board passed a resolution to accept grant funding, which was awarded under the California River Parkways Grant Program – Proposition 68 to offset a majority of the construction costs for the Mud Lake Improvements Project (R-19-42). Bear Creek Redwoods - Ponds Restoration and Water Rights MAA21-008 Prior Year Actuals FY2019-20 Adopted FY2020-21 Projected Estimated Future Years TOTAL District Funded (Fund 30): $188,877 $72,771 $0 $0 $261,648 Grant Amount: $0 $320,622 $0 $0 $320,622 Total Budget: $188,877 $393,393 $0 $0 $582,270 Spent-to-Date (as of 08/12/19): ($188,877) ($523) $0 $0 ($189,400) Encumbrances: $0 ($18,000) $0 $0 ($18,000) Graniterock Contract Amendment*: $0 ($356,489) $0 $0 ($356,489) Budget Remaining (Proposed): $0 $18,381 $0 $0 $18,381 R-19-118 Page 4 * Amount excludes the 15% contingency of $53,474. Staff will monitor project costs and if necessary, bring a budget amendment to the Board at a future date. The following table outlines the Measure AA Portfolio 21 Bear Creek Redwoods: Public Recreation and Interpretive Projects budget, costs-to-date, and the fiscal impact related to the Bear Creek Ponds Restoration and Water Rights – Mud Lake Improvements Project. MAA21 Bear Creek Redwoods: Public Recreation and Interpretive Projects Portfolio Allocation: $17,478,000 Grant Amount: $320,622 Life-to-Date Spent (as of 08/12/19): ($8,336,508) Encumbrances: ($833,232) Graniterock Contract Amendment including contingency: ($409,963) Portfolio Balance Remaining (Proposed): $8,218,919 Of note for the MAA21-008 project is a funding agreement between the District and the County of Santa Clara Department of Roads and Airports, expected to be executed in September 2019. This agreement would provide $80,000 from the County to fund the installation of a new culvert under Bear Creek Road, within the County Right-of-Way. BOARD COMMITTEE REVIEW No Committee review has occurred for the recommended contract amendment. PUBLIC NOTICE Public notice of this Agenda Item was provided as required by the Brown Act. CEQA COMPLIANCE The Project was evaluated as part of the Bear Creek Redwoods Preserve Plan Environmental Impact Report, which the Board certified on January 25, 2017 (R-17-15 & State Clearinghouse #2015062029). NEXT STEPS Pending Board approval, the General Manager will sign the change order directing Graniterock to construct the Mud Lake Improvements Project. Construction will begin in September and is anticipated to be completed by November 2019. Attachments: 1. Project Area Map 2. Project Site Map Responsible Department Head: Jason Lin, Engineering & Construction Department Manager Prepared by: Zachary Alexander, Capital Project Manager III, Engineering & Construction Department !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P!P !P !P Project Location Detailed Area L e x i n g t o n R e s e r v o i r B r ig gs Creek A l d e r c r o f t Creek B r i g g s C r e e k Dyer Cr e e k C o l l i n s C r e e k W e b b C r e e k Alma College Road B e a r C r e e k R o a d ÄÆ17 ÄÆ17 B E A R C R E E K R E D W O O D S O P E N S P A C E P R E S E R V E E L S E R E N O O P E N S P A C E P R E S E R V E BC01 BC14 BC06 BC10 BC07 BC12 BC03 BC11 BC08 BC09 BC15 BC13 BC05 BC04 M i dp e n i ns ula R eg i on a l Op e n S p a c e D i s t ri c t (M RO S D) Mar ch 2 0 1 8 B e a r C r e e k R e d w o o d s M u d L a k e I m p r o v em e n t s Path: G:\Projects\Bear_Creek_Redwoods\PreservePlan\Implementation\BC_MudLakeImprovements_USACE_20180322.mxd Created By: jhawk 0 0.250.125 MilesI While the Di stri ct strives to u se the bes t available digital data, thes e data do not repre se nt a l egal s ur ve y and are me rely a graphic illu stration of geographi c f eatures . S I E R R A A Z U L O P E N S P A C E P R E S E R V E Los Gatos Creek Watershed (HU12 )ÄÆ9 ÄÆ17 ÄÆ35 Campbell Los Gatos San Jose !P !P !P !P "& "& "& Active Constr uction Zon e Limit of Work Stagin g Area B e a r C r e e k R o a d W e b b C r e e k Briggs Creek 1000 M u d L a k e U p p e r L a k e BC05 BC04 Lim it o f Wo r k Existing Paved R oad Existing Unpaved R oad Existing Trail Existing Unm aintained Road Ac ti ve C on s t r u ct io n Z o n e "&St ag ing A re a !P Gate 0 200 400100Feet !P !P !P !P !P W e b b C re e k B r i g gs Creek Alma College Road U p p e r L a k e L o o p Tra i l A l m a Trail Bear Creek RoadBC05 BC04 BC00 M u d L a k e U p p e r L a k e B E A R C R E E K R E D W O O D SOPEN S P A C E P R E S E R V E Mid p en in s ula R e g io n alOpen S p a ce D ist ric t(Mid pe n)8/6/201 9 A t t a ch me n t 2: M ud La ke I m pr ov em en t s Pr oj e ct S it e M ap Path: G:\Projects\Bear_Creek_Redwoods\Mud Lake\Mud Lake Improvements Board Map.mxd Created By: zalexander 0 200100FeetI MROS D P re se rv es Wh ile t he District strives t o u se t he best ava ilable digital d ata , these da ta do not represe nt a le gal survey an d a re me re ly a graph ic illustration of geographic features. Swa le I mpr ov em ent s Rec on st ru ct ed Mu d La ke Be rm Ou tl e t ÄÆ17 ÄÆ17Mud L a k eUpper L a k e L e x i n g t o nReservoir L o w e rLake Pre vi ou sl y In st al l edby Gr an it er oc k New 2 4" RCP Cul v er t New Ou tl et to B ri gg s Cr eek Rev. 1/3/18 R-19-117 Meeting 19-22 August 28, 2019 STUDY SESSION AGENDA ITEM 1 AGENDA ITEM Historic Structures Policies, Guidelines, and Practices GENERAL MANAGER’S RECOMMENDATION Review and discuss existing Midpeninsula Regional Open Space District policies, guidelines, and practices related to the disposition of historic structures. No Board action required. SUMMARY At its April 24, 2019 meeting, the Board of Directors (Board) deliberated on the proposed stabilization treatments of several historic structures. At this meeting, the Board expressed a desire to engage in a comprehensive policy discussion on historic structures. In response, the General Manager has worked with staff to schedule a series of study sessions on historic structures with the objective of confirming final Board policy direction on the management of these resources. The August 28, 2019 study session begins the process of clarifying the Midpeninsula Regional Open Space District’s (District) current historic resources policies and practices. Staff will present pertinent information around three main areas: (1) summarizing at a very high level the regulatory environment pertaining to historic structures; (2) summarizing existing District policies, guidelines and procedures; and (3) providing an overview of current structures on District lands and current structures disposition process. A second study session in late 2019 will provide a more in-depth training provided by a qualified historic resources consultant of historic resources definitions, rules, regulations, and requirements. A third study session in early 2020 will focus on partner agency policies and processes to understand standard best practices of similar organizations. These study sessions aim to fully inform the Board about existing historic structures regulations and requirements, and standard policies, procedures and best practices to determine whether any Board policy changes are warranted. These study session presentations have no immediate fiscal impact. DISCUSSION Overview of Federal, State, and Local Regulatory Setting District historic structures are subject to federal, state, and local regulations and policies. Below is a broad overview of federal, state, and local review processes. These processes and related requirements will be discussed in more detail at a future study session/training session that will be provided with the assistance of an historic resources expert in late 2019. R-19-117 Page 2 Federal Review The National Parks Service administers the National Historic Preservation Act of 1966 (Act). The Act created the National Register of Historic Places (NRHP), the list of National Historic Landmarks, and the State Historic Preservation Offices that administer the Act at the state level. The Act requires federal agencies to evaluate the impact of all federally funded or federally permitted projects on historic properties through a process known as Section 106 Review. A structure is measured against four specific criteria and its level of remaining integrity to determine whether a structure is significant and would be eligible for listing on the NRHP. Treatment of historic structures and properties follow standards issued by the Secretary of the Interior. The four criteria are listed below: • Associated with an event of historical significance; • Associated with a person of historical significance; • Represents distinctive characteristics of a type, period, or method of installation or possesses high artistic values; or • Has yielded or may likely yield important cultural resource information. State Review California State Parks’ Office of Historic Preservation (OHP) administers federally and state mandated historic preservation programs to further the identification, evaluation, registration, and protection of California's archaeological and historical resources. OHP works with California’s city and county governments to help integrate historic preservation into their community planning and development policies, plans, and activities. OHP also reviews and comments on federally sponsored projects pursuant to Section 106 of the National Historic Preservation Act, and comments on local and state projects pursuant to the California Environmental Quality Act (CEQA). Local Review With the Federal and State guidance cited above, counties and cities may further develop their own plans, ordinances, or advisory bodies related to historic resources. Counties and cities also develop General Plans that provide further guidance on historic resources. In recent years, the District has had experience working with the Santa Clara County Historical Heritage Commission on the landmark alteration permit for the Alma College Cultural Landscape Plan, and the San Mateo County Historic Advisory Board for the removal and clean-up of the structures in lower La Honda Creek Open Space Preserve. District Policies and Guidelines Related to Historic Structures While Federal and State regulations determine the historic status of a structure and local government agencies have permit oversight for demolition or repair/alterations, the District has identified additional considerations when evaluating the use and management of historic structures in preserves. Historic structures are referenced in several District policies and plans listed here in the order by date of first adoption. District policies are subject to change at the direction of the Board. • Board Policy 4.01 Open Space Use and Management Planning Process (adopted 1977, last revised 2013) • Board Policy 4.02 Improvements to District Lands (adopted 1978, last revised 2017) R-19-117 Page 3 • Resource Management Policies (adopted 1994, last revised 2012) • Basic Policy (adopted 1999, last revised 2008) • Service Plan for the Coastal Annexation Area (adopted 2004) • Board Policy 4.09 Factors to Consider for Structures Disposition (adopted 2012, last revised 2017) • Open Space Vision Plan (adopted 2014) • Board Policy 4.08 Construction and Demolition Waste Diversion (adopted 2015) Relevant sections of these documents are summarized below, with more detail or complete texts provided in Attachments 1, 2, and 3. The Service Plan and EIR establish the policies, guidelines, and practices by which the District purchases and manages lands in the San Mateo County coastside area, including the management of structures on agricultural lands. The Basic Policy, Resource Management Policies, Vision Plan, and Board policies provide staff direction on the identification and treatment of historic structures. Definitions The Glossary in the Resource Management Policies defines historic resources as a subcategory of “cultural resource,” as “a structure, landscape feature, archaeological site, or other artifact of human activity in the past during prehistoric or historic periods.” “Historic” is further defined as “dating from periods post-dating the use of written historical documents. In the American West…all periods after European exploration and colonization of the region.” The policy defines “historical rehabilitation” as one of the options for treatment of a historic structure, using a description from the Secretary of the Interior’s Standards for Treatment of Historic Properties: The act or process of making possible a compatible use for a property through repair, alterations and additions while preserving those portions or features which convey its historical, cultural, or architectural values. Basic Policy The Basic Policy provides general guidance on the treatment of historic structures, highlighting the District’s need for partnerships and outside assistance to manage and restore these resources: Historic structures and sites will be considered for protection by the District where they are associated with lands acquired for overall open space values. Due to the high cost of evaluating, managing, and restoring such facilities, the District depends on grant assistance, public-private partnerships, and outside assistance to support these activities. Service Plan for the Coastal Annexation Area The Service Plan provides guidance on how to address historic structures in the San Mateo coastside area. Guideline G.6.30 states that structures should be evaluated by a qualified consultant to determine historic significance and eligibility for listing. If a structure is determined to be historic/eligible, rehabilitation or relocation may be required, and any new structures built in the vicinity must be consistent with the historic character. The Service Plan R-19-117 Page 4 also requires mitigation of short-term construction impacts to historic structures adjacent to or within other project areas, including mitigation of dust, noise, and vibration impacts. Resource Management Policies The Resource Management Policies define the policies and practices that set the framework and general guidance for protecting and managing resources on District lands. Historic resources are primarily addressed in Policy VIII, Cultural Resource Management. The policy’s stated goal is to “enhance, protect, and promote conservation of cultural resources”, including historic resources. The policy states that such resources should be included in management plans and in a GIS inventory, and that the District should support public access to, interpretation of, and research of historic sites. They should also be assessed by a qualified consultant for eligibility for listing in national, state, or local registers. If a resource is determined to be eligible for listing, the feasibility of preserving the resource should be assessed. Open Space Vision Plan The Vision Plan discusses overarching themes and goals that guide the District’s work. The Natural, Cultural, and Scenic Landscapes theme includes goals related to cultural resources. Theme: Natural, Cultural, and Scenic Landscapes Subtheme: Steward Many Cultures • Protect at-risk culturally significant resources and promote their responsible stewardship • Cultivate partnerships that preserve and/or enhance cultural resources • Increase interpretation of cultural resources Subtheme: Sense of Place • Maintain a sense of place by protecting and increasing access to locally significant, iconic natural or cultural features • Preserve the scenic backdrop and designated scenic corridors, emphasizing the view from major roadways and parklands • Preserve the character and scenic qualities of the coast and rural areas Board Policies Board Policy 4.01 Open Space Use and Management Planning Process describes a systematic approach to the development of management plans and outlines the importance of comprehensive use and management plans, which include major structure disposition. Goals of management include “continued preservation of natural, historical and cultural resources.” This policy refers to Board Policy 4.02 (see below) for the disposition process. Board Policy 4.02 Improvements on District Lands guides the preparation of recommended actions concerning structures and improvements to inform the Board’s decision. The policy states that existing structures and other improvements on District lands are potential resources and as such will be evaluated for potential retention and will be addressed in site planning documents. The policy goes on to indicate that structures or improvements should be evaluated for historical significance and considered for retention at acquisition, during site planning, and when required renovations exceed $200,000 or the value of the structure. All management actions must be complementary to the objectives of the Basic Policy and take into consideration R-19-117 Page 5 the structure’s compatibility with open space and proposed uses, its historic value, the potential financial burden of retention, and the factors described in Board Policy 4.09 Factors to Consider for Structures Disposition (see below). Policy 4.02 also refers to the development of a specific Historic Structures policy that will provide a detailed process for evaluating and determining the disposition of potentially historic structures. Board Policy 4.08 Construction and Demolition Waste Diversion establishes capital project guidelines for contracted construction and demolition projects to divert waste from landfills. It states that prior to demolition or construction, a Historic Resource Evaluation must be performed for any structure more than 50 years old or containing known historical resources to confirm that the structure is not historically significant. Board Policy 4.09 Factors to Consider for Structures Disposition provides a framework to assist the Board with considering the disposition of a structure and to provide the public with an understanding of factors used in the decision-making process. The policy details a dozen factors that may influence a decision to alter, remove, or retain/rehabilitate a structure. These key factors are listed below: • Board-adopted policies • Open space compatibility • Historic and educational value • Opportunities for partnerships • Potential short- and long-term financial costs • Proposed and potential uses • Public sentiment and input • Regional importance or value • Consistency with District mission • Impacts to District resources • Visitor experience • Condition. District Process for Structure Disposition The properties the District has purchased and continues to purchase often come with existing structures such as houses, barns, or other types of built infrastructure. Some structures are over 50 years old and some could be determined to be historic resources after a qualified historic expert evaluation. Historic structures present a unique challenge for the District in balancing cultural resources value with the District’s focus on stewardship of open space and the natural environment. Historic structures may sometimes offer opportunities for interpretation, education, and/or reuse. They may also attract financial and/or operational support from other agencies, organizations, or individuals interested in historic preservation. On other occasions, the cost or difficulty of restoring, preserving, and managing a structure may outweigh the potential benefits of its reuse or retention and require grant assistance or outside partnerships. For each structure the District acquires, a decision must be made on its disposition: to retain in its existing state, actively preserve/rehabilitate, or otherwise alter or remove it. This generally occurs during the pre-acquisition assessment (due diligence) phase and development of a Preliminary Use and Management Plan (PUMP) that is prepared for each new potential purchase. Existing conditions and improvements are evaluated, and a property’s near- and long-term uses are assessed. Staff present recommendations to the Board to demolish or retain structures as part of the Board’s consideration of the PUMP. When the pre-acquisition timeline is short, structures are complex, or long term uses need to be evaluated in a larger context, such as a Site Specific Plan or Preserve Plan, a decision on the disposition (retention, active preservation/rehabilitation R-19-117 Page 6 or demolition) of a structure may be deferred until the District completes additional evaluations and a more comprehensive planning process. Whether slated for demolition or repair, structures thought to be or known to be 50 years old or more undergo a historic structures evaluation by a qualified consultant, where staff present the findings and subsequent recommendations to the Board for consideration and final Board action. Through these processes (Attachment 4), final disposition of structures is considered and approved by the Board. Structures on District Lands The District has inherited hundreds of structures as part of property purchases over the decades. These include a wide variety of structures beyond houses and barns, such as outbuildings, sheds, lean-tos, communication towers, stables, winery, butler buildings, corrals, carports/garages, and many types of rural or agricultural accessory structures. Following implementation of the new Enterprise GIS platform in 2017, the District currently has several hundred structures recorded in the District’s GIS database. Although the data is not fully comprehensive, staff continues to actively populate and update information in the GIS on an on-going basis. The District continues to use existing policies, guidelines, and plans to evaluate structures. Board decisions are made on a case by case basis as projects with structures are brought to the Board for a recommended action. Once a final decision is made by the Board, structure-related projects are included in the annual Capital Improvement and Action Plans (CIAP ). For example, this year the CIAP includes the Lyson Structures Disposition at Montebello (demolition), an action that was approved by the Board at the time of the property purchase. The CIAP also includes the Redwood Cabin Stabilization and Assessment (retention), an action approved by the Board as part of the 2012 La Honda Creek Master Plan. The August 28 study session is an opportunity for the Board to better understand District policies and general information about the regulatory setting. The next study session, led by an outside expert historic resources consultant, will provide more detail about the federal, state, and local regulatory setting. A third study session in 2020 will provide the Board with information on how other similar agencies address historic structures. These three study sessions will help inform the Board’s direction on any changes to District policies regarding the use and management of historic structures. FISCAL IMPACT The informational Historic Structures Policies, Guidelines, and Practices Study Session presentation has no immediate fiscal impact. BOARD COMMITTEE REVIEW This item is being presented to the full Board to inform future Board direction. PUBLIC NOTICE Public notice was provided as required by the Brown Act. R-19-117 Page 7 CEQA COMPLIANCE Review of existing policies, guidelines, and practices is not a project subject to the California Environmental Quality Act. NEXT STEPS A second study session in late 2019 will provide in-depth training about the definitions, regulatory requirements, and regulations affecting historic structures. A third study session in early 2020 will focus on outside agency policies, processes, and best practices. Attachments 1. Summary of District Policies with References to Historic Structures 2. Board Policy 4.02 Improvements on District Lands 3. Board Policy 4.09 Factors to Consider for Structure Disposition 4. General Process for Structures Disposition Responsible Department Head: Jane Mark, AICP, Planning Manager Prepared by: Sophie Christel, Planner I, Planning Tina Hugg, Senior Planner, Planning Contact person: Tina Hugg, Senior Planner, Planning Attachment 1: General Process for Structures Disposition Acquisition Due Diligence •Structure condition assessment (including lead/asbestos/insects/rodents) •Biological assessments (bats, birds, woodrats, etc.) •Historic evaluation if potentially historic and purchase time allows •Existing use Disposition Analysis • Structure condition, historic status, policy review, and use discussion • Staff preliminary determination on structure’s suitability for District use and long-term disposition – retain or demolish • Policy 4.02 Improvements on District Lands • Policy 4.09 Factors to consider for structures disposition Board Decision • Review of staff determination and Board Committee recommendation • Award of contract ($50K+) – structure repair/rehabilitation or demolition • Approval of General Manager recommendation Page 1 of 14 Attachment 2 Summary of District Policies with References to Historic Structures Historic structures are mentioned or referenced in several of the Midpeninsula Regional Open Space District’s (District) Board-approved policies, guidelines, or plans as listed below. Sections related to historic structures from each of the following documents are excerpted below. Policies provided in their entirety are noted. Policy documents: • Basic Policy (first adopted 1999, last updated 2008) • Resource Management Policies (first adopted 2014) • Board Policy 4.01 Open Space Use and Management Planning Process (first adopted 1977, last updated 2017) • Board Policy 4.02 Improvements to District Lands (first adopted 1978, last updated 2017) – see Attachment 2 for entire policy • Board Policy 4.09 Factors to Consider for Structures Disposition (first adopted 2012, last updated 2017) – see Attachment 3 for entire policy Plans: • Service Plan for the Coastal Annexation Area and accompanying Environmental Impact Report (2003) • Vision Plan (2014) Basic Policy • Recreational Use and Improvements Section c. Special Use facilities, (i.e. nature centers, historic structures, picnic tables, or backpack camps), and Special Use activities (i.e. large recreation events, hang gliding, or off-leash dog areas), are considered on a case by case basis. In some cases Special Use activities may require a permit. These types of uses may be allowed when they do not monopolize significant areas of natural land, do not significantly impact natural or aesthetic resources, and provide benefits such as environmental education, heritage resource protection, or public enjoyment and appreciation of nature. The cost of management and exposure to liability of these types of facilities and activities may be a factor in deciding whether to permit them on District lands. • Cultural Resources Section e. Historic structures and sites will be considered for protection by the District where they are associated with lands acquired for overall open space values. Due to the high cost of evaluating, managing, and restoring such facilities, the District depends on grant assistance, public-private partnerships, and outside assistance to support these activities. Sites are evaluated for archaeological resources prior to any new use or improvement which might impact the site. Archaeological resources are evaluated, protected, and made known to the public as appropriate to ensure their preservation. Page 2 of 14 Resource Management Policies I. District Resource Management Program (page 1) Need for Resource Management Policies “Cultural resource management consists of identifying and evaluating and protecting archeological sites and cultural landscapes.” (page 3) Mission Statement for Resource Management Strategy 2 Provide an effective interdisciplinary program to protect and enhance natural and cultural resources. This program should include planning, interpretation, research, protection, maintenance, and monitoring practices. Strategy 9 Increase public knowledge, understanding, and appreciation of the natural and cultural resources of the preserves, and support for their conservation. VII. Scenic and Aesthetic Resources (page 35) Background “In some cases, preserving a significant scenic or historic landscape may involve managing it to actually prevent natural succession, for example, without intervention; a shallow pond may gradually fill in and become a meadow or open grassland.” (page 35) Policy SA-2 Maintain significant landscapes or features that were formerly maintained by natural processes. • Control encroaching vegetation where it adversely affects significant scenic, historic or habitat resources (See Vegetation Management, Cultural Resources, and Integrated Pest Management policies). VII. Cultural Resource Management (page 38) Background “There are remains from each of these periods on District lands, including Native American village sites and bedrock mortars, barns and other ranching features, orchards, wineries, historic homes, sawmills, mines, historic roads and trails, and outdoor recreational sites. As time passes, more recent periods of California’s history become historically significant. As such, some 20th century sites such as World War II and Cold War military sites are now considered historically significant resources throughout California. Collectively, these sites, structures, features, and artifacts comprise the cultural resources of the District.” (page 39) “The development pressures from which the District protects open space land also threaten its associated historic and prehistoric structures, cultural landscapes, and archaeological sites. The preservation of open space land in the peninsula’s greenbelt provides the opportunity for the Page 3 of 14 District to protect and interpret the rural history of the Santa Cruz Mountains and San Francisco Bay for the benefit of present visitors and future generations.” (page 39) “When the District acquires land with historic structures, the structures often have suffered years of neglect and are at risk of collapse. In these cases, it can be very expensive to rehabilitate and maintain these structures, many of which have already lost significant resource integrity. It is sometimes necessary to remove dilapidated historic structures due to public safety concerns and the prohibitive expense of historical rehabilitation. The District has adopted “Policies Regarding Improvements on District Lands” to provide a public process used to assess and determine whether District structures and improvements are cultural resources, and how they can most appropriately be managed. The District has successfully completed a number of important historic preservation projects, often with assistance from granting agencies and/or public/private partnerships. Cultivating relationships with historic preservation groups, research organizations, and knowledgeable local residents, including Native American groups, will allow the District to pursue new opportunities to preserve cultural resources and protect remnants of the peninsula’s heritage for present and future Bay Area residents. The District serves communities of diverse ethnic heritage, who seek a wide variety of experiences in District preserves. To the extent that these practices can be accommodated with minimal impact to the natural and cultural resources, they should be encouraged and accommodated wherever feasible.” (page 40) Regulatory Context “The California Environmental Quality Act (CEQA) (Guideline 15064.5, Public Resources Code 21038.2) states that a substantial adverse change to the significance of a historical resource or a unique archaeological resource must be treated as a significant effect on the environment in a project’s environmental review.” (page 40) “Section 106 of the National Historic Preservation Act of 1966 requires consideration of impacts to historic resources on federal lands or projects requiring federal permits. Likewise, any project that requires review under the National Environmental Policy Act of 1969 must consider impacts to cultural resources.” (page 41) “The Service Plan recognized the unique value of cultural resources in the San Mateo County coastal area and established Cultural Resource Policies to preserve cultural resources in the Coastal Annexation Area. The Policies and Implementation Measures established in this Cultural RMPs are consistent with the Cultural Resource Policies in the Service Plan.” (page 41) “The Cultural RMPs is intended to be consistent with and to supplement the District’s “Policies Regarding Improvements on District Lands.” The purpose of this policy is to formalize and enhance the District’s cultural resource management practices for the long-term stewardship of the District’s significant historical and archaeological sites.” (page 41) Cultural Resource Goals, Policies, and Implementation Measures Goal CR- Identify, protect, preserve, and interpret cultural resources for the benefit of present and future generations. Policy CR-1 Maintain an inventory of cultural resources on District preserves. Page 4 of 14 • Inventory and assess cultural resources throughout the District, including prehistoric and historic archaeological sites, structures, and cultural landscape features. The Cultural Resource Inventory should include a Geographic Information Systems database; however, access to this inventory must be restricted to District staff and qualified professionals, to the extent allowed by law to protect sites from looting and vandalism. • Record cultural resources in the District’s Cultural Resource Inventory when purchasing new property and perform research on previous uses of the property. Examples of research activities include performing a records search with the Northwest Information Center and consulting historic preservation organizations, previous residents, and descendants to gather local historical information. • Complete archaeological site records for known unrecorded sites on District land and file reports with the Northwest Information Center. Policy CR-2 Address cultural resources in the development of preserve use and management plans. • Consult the Cultural Resource Inventory when planning projects that may have an impact on cultural resources in the project area. • Conduct appropriate reconnaissance measures, such as research or archaeological survey, early in the planning process for trail construction, maintenance activities, or other projects that entail ground disturbance in an area of known archaeological sensitivity. Monitor construction activities when appropriate. • Locate facilities, such as trails, staging areas, and new structures, to avoid loss or degradation of historically or archaeologically significant resources wherever possible. If not possible to avoid, minimize impacts, for example by: capping site, recording important features and/or artifacts, relocating structures, or data recovery excavation. • Include stakeholder groups when developing plans for the management of historically or archaeologically significant resources. Consult with descendent communities such as Native American and other ethnic groups when developing plans for the management of historically or archaeologically significant resources related to their heritage. • Assess the significance, integrity, and feasibility of preservation of historic structures when developing Preserve Use and Management Plans or Master Plans. If a structure is determined to be eligible for the California Register of Historic Resources, assess feasibility of preserving the resource. Policy CR-3 Protect cultural resources from disturbance to the maximum extent feasible. Page 5 of 14 • Wherever possible and appropriate, preserve historical resources and archaeological sites in situ. • Prohibit looting, vandalism, and unauthorized removal of cultural resources and associated artifacts from District preserves. • Implement security measures such as protective fencing and patrol-ling to reduce vulnerability of the resources due to vandalism and looting. • Develop security protocols to limit availability and distribution of geographic information for cultural resources to protect sites from looting and vandalism. • Prohibit District sale, purchase, or commercial trade of individual archaeological artifacts. • Develop and follow guidelines for reporting, protecting and recording archaeological sites and features in the event of unexpected discovery. • Provide District staff with basic training to identify and protect cultural resources. • Assess existing operations within areas of known archaeological sensitivity to protect and preserve cultural resources. • Require that all archaeological investigations or research activities that have the potential to physically significantly impact archaeological resources are carried out by qualified archaeologists, and that a technical report for each project is provided to the District following excavation Policy CR-4 Preserve and maintain cultural resources wherever feasible. • Actively pursue grant assistance from local, state, federal, and other programs to supplement District funds to implement historic preservation projects for historically and archaeologically significant resources. • Seek partnerships with private or non-profit groups to aid in the restoration, management, and use of historic structures. • Assess the condition, identify needed repairs, and prepare maintenance plans for significant high priority historic structures as funds allow. • Assess the eligibility of cultural resources for nomination on local registers, the California Register of Historic Resources, and the National Register of Historic Places. Consider nomination to registers for which a resource is determined eligible. Page 6 of 14 • Catalog artifacts associated with sites on District lands to prevent deterioration and to document the site and location where the artifacts were recovered. Consider curating artifacts in danger of deterioration. Maintain a cataloging system to preserve artifacts’ contextual information and storage locations. Where appropriate, coordinate with other agencies and organizations to assist in long- term curation of District collections. • Develop and follow guidelines and procedures governing loans of artifacts to other agencies and organizations. • Develop and follow guidelines for reporting, protecting and recording archaeological sites and features in the event of unexpected discovery. Policy CR-5 Provide public access and educational programs to interpret historical and archaeological resources. (See PI-1). • Provide controlled public access to historical and archaeological sites where appropriate, considering other public access resource constraints and resource protection. • Allow appropriate uses of cultural resources by descendent communities. • Seek input from descendent communities, such as Native American and other ethnic groups, when planning public access and educational programs that interpret cultural resources related to their heritage. • When developing partnerships for the use and management of historic structures, plan for public access to the structures where appropriate while minimizing impact to the structures and respecting the needs of building occupants. • Provide interpretive materials such as signage or brochures for self-guided hikes to inform visitors about the history of District lands and the San Francisco Bay Area. Develop locations to display artifacts for public benefit. • Encourage, utilize, and support historical research by docents and volunteers. • Provide training opportunities for docents to aid them in the development of docent-led tours of historic and archaeological sites and landscapes. • Facilitate school field trips of historic and archaeological sites and cultivate other opportunities to work with educational groups to interpret cultural resources on District preserves. • Support historical and archaeological research conducted by District-approved, qualified cultural resource professionals on District lands. Page 7 of 14 Policy CR-6 Preserve District institutional history. • Preserve documents and artifacts important to the history of the District. X. Public Interpretation and Environmental Education (page 51) Background “Increasing public knowledge and appreciation of the preserves' natural and cultural resources will improve support for their conservation.” Interpretation and Education Goals, Policies, and Implementation Measures Goal PI- Increase public knowledge, understanding, and appreciation of the natural and cultural resources of the preserves, and support for their conservation. (page 52) Policy PI-1 Provide interpretive programming, facilities, and materials (See CR-5, GM-6 and GM-7). • Develop appropriate and timely projects and plans to support natural and cultural resource interpretive opportunities that are guided by recommendations and priorities in the District’s Interpretive Systems Plan (ISP). XI. Grazing Management (page 55) Grazing Management Goals, Policies, and Implementation Measures Policy GM-6 Provide information to the public about the region’s rural agricultural heritage. (See PI-1). • Install display boards and give presentations highlighting historical and educational facts about ranching families and industry at appropriate sites. XV. Wildland Fire Management (page 78) Wildland Fire Management Goal, Policies, and Implementation Measures Policy GM-6 Implement necessary fire and fuel management practices to protect public health and safety, protect natural resources, and to reduce the impacts of wildland fire. (page 81) • Prepare wildland fire management plans for District lands that address, at a minimum, public safety, District staff and firefighter safety, District infrastructure including residences and roads, natural resource protection (particularly special status species), cultural resources, and vegetation management for fire protection and fire behavior and hazardous fuels modification. Page 8 of 14 XVII. Glossary (page 90) Archaeological site – A site in which physical evidence of past prehistoric or historic human activity has been preserved. (Cultural Resources) Artifacts – Objects created by humans or modified by human activity. (Cultural Resources) Cultural Landscape – A landscape modified by past human activity or otherwise holding historical or prehistoric cultural importance. (Cultural Resources, Public Interpretation, Wildland Fire) Cultural Resource – A structure, landscape feature, archaeological site, or other artifact of human activity in the past during prehistoric or historic periods. (Cultural Resources) Cultural Resource Inventory – The District’s inventory of cultural re-sources on District preserves. Information in this inventory may include site locations, descriptions, and photographs, as well as historical information on individual sites and preserves. (Cultural Resources) Data Recovery – Research and recording techniques such as the excavation of archaeological sites or recording of architectural features prior to site disturbance. Data recovery is a common mitigation measure for projects that may have a substantial adverse impact on a significant cultural resource. (Cultural Resources) Historic – Dating from periods post-dating the use of written historical documents. In the American West, the historic period is generally considered to refer to all periods after European exploration and colonization of the region. (Water Resources, Scenic and Aesthetic, Cultural Resources, Forest Management, Ecological Succession, Wildland Fire) Historical Rehabilitation – “The act or process of making possible a compatible use for a property through repair, alterations and additions while preserving those portions or features which convey its historical, cultural, or architectural values.” (Definition from Secretary of the Interior’s Standards for Treatment of Historic Properties) (Cultural Resources) In Situ – “In place;” at the site of original deposition or discovery. (Cultural Resources) Interpretation – A communication method that aims to reveal meanings, connections, and relationships by firsthand experience, and by illustrative media. (Cultural Resources, Public Interpretation, Forest Management, Wildland Fire) Native – Those elements of the natural world occurring within an ecosystem prior to disturbance from an outside event. (Vegetation Management, Wildlife Management, Integrated Pest Management, Water Resources, Geology and Soils, Scenic and Aesthetic, Cultural Resources, Research and Collection, Grazing Management, Ecological Succession, Habitat Connectivity, Wildland Fire) Natural – Plant, animal, and microorganism life, native materials, and eco-system processes that make up the physical world. (Vegetation Management, Wildlife Management, Integrated Pest Management, Water Resources, Geology and Soils, Scenic and Aesthetic, Cultural Resources, Page 9 of 14 Research and Collection, Public Interpretation, Grazing Management, Forest Management, Ecological Succession, Habitat Connectivity, Wildland Fire) Northwest Information Center – A clearing house for historical and archaeological information associated with the California Historical Re-sources Information System, which houses historical documents, site reports and other research pertaining to cultural resources in Northwest California. (Cultural Resources) Open Space – Land and water areas that remain in a natural state and are minimally developed, and may include compatible agriculture uses. (Wildlife Management, Water Resources, Geology and Soils, Scenic and Aesthetic, Cultural Resources, Public Interpretation, Grazing Management, Forest Management, Ecological Succession, Habitat Connectivity, Wildland Fire) Prehistoric – Dating from periods of human activity prior to the use of written history. In the American West, prehistory generally refers to all periods before European colonization of the region. (Cultural Resources) Resource Integrity – The extent to which character-defining features of a resource or its research potential remain intact. (Cultural Resources) Resource Management – Management of both natural and cultural re-sources. Natural resource management generally consists of protecting, restoring, enhancing and monitoring native vegetation and wildlife, and monitoring and protecting the quality of geological and hydrological conditions. Cultural resource management consists of identifying and evaluating archeological sites and cultural landscapes. (Vegetation Management, Geology and Soils, Research and Collection, Public Interpretation, Grazing Management, Forest Management, Wildland Fire) Resources – Plants, animals, water, soil, terrain, geologic formations, historic, scenic, and cultural features. (Vegetation Management, Wildlife Management, Integrated Pest Management, Water Resources, Geology and Soils, Scenic and Aesthetic, Cultural Resources, Research and Collection, Public Interpretation, Grazing Management, Forest Management, Habitat Connectivity, Wildland Fire) Restoration – The process of returning land that has been degraded and disturbed into functional habitat. (Vegetation Management, Integrated Pest Management, Water Resources, Research and Collection, Forest Management, Wildland Fire) Restore – To bring back to or put back into a former or original state. (Vegetation Management, Geology and Soils, Public Interpretation, Grazing Management, Forest Management, Ecological Succession, Habitat Connectivity, Wildland Fire) Significance – A measure of the importance of an archaeological or historical resource. The threshold of significance determines eligibility for state and national registers and whether a cultural resource must be considered in NEPA and CEQA documents related to a project. The criteria detailed in CEQA by which significance (See Appendix A) is determined differ for historic and archaeological resources but include the resource’s age, integrity, association with important individuals or trends in local his-tory, and potential to provide important information about the past. (Cultural Resources) Page 10 of 14 Policy 4.01 Open Space Use and Management Planning Process A. Purpose and Scope of Planning Process “MROSD lands are managed to promote the continued preservation of their natural, historical and cultural resources, and at the same time provide compatible public recreation, environmental education, and agricultural use where possible. The Open Space Use and Management Planning Process has been established to address these management goals.” B. Description of Planning Process “The Planning Process is comprised of five planning categories, which allow for a systematic approach to the development of management plans. The categories relate to various stages of site planning a preserve may be subject to during its course of development and use.” “1. Preliminary Use and Management Plans Preliminary Use and Management Plans consist of use and management recommendations developed and approved at the time of acquisition or approval of a license or management agreement. These plans normally represent a status quo approach to use and management. Emphasis of the plan is typically on securing the site, specifying immediate site management needs, and establishing a timeline for providing general public access. Limited public use, such as docent hikes or neighbor use/permit use, may occur while the site undergoes post-acquisition planning, depending on site constraints.” “3. Comprehensive Use and Management Plan The Comprehensive Use and Management Plan is a detailed plan addressing all aspects of use and management. It is prepared for preserves that have the potential for a substantial amount of public use, and/or have other critical land use issues which need attention. The comprehensive plan is based on a resource analysis and public input, and evaluates potential uses as well as cultural and existing uses. It represents both long term (5-15 years) goals and short term (1-5 years) goals with the focus of specific recommendations being the tasks to be completed within five years. The need and approximate timing for preparation of a Comprehensive Use and Management Plan may be determined when considering the Preliminary Use and Management Plan or when the Interim Use and Management Plan is adopted or reviewed. 4. Preserve Master Plan for Improvement, Use and Management The Preserve Master Plan is very broad in scope and is developed with the intent of providing a guideline for development of a preserve over a term of 1 to 30 years. Compared to the Comprehensive Use and Management Plan, the Preserve Master Plan involves more extensive site analysis, a higher level of public involvement, and in most cases, explores a wider range of improvements, resources, and land uses. The Master Plan is usually designed to be implemented in phases over a long time period. Master Plans are typically prepared for District lands that lend themselves to higher levels of recreational uses, resource issues, agriculture, improvements, and land uses, or have particularly complex planning issues to be resolved. Upon completion, the Page 11 of 14 Preserve Master Plan serves as a basis for the formulation of change to a preserve’s Comprehensive Use and Management Plan, which reflects the more immediate phases of the Master Plan. The Master Plan is intended to be the guiding document when considering amendments to previous Use and Management Plans.” C. Preliminary Use and Management Plan Elements “The Preliminary Use and Management Plan contains a number of elements that focus on existing conditions and potential uses of the site. The elements typically include, but are not limited to:” “4. Potential Use and Development A conceptual look at the potential uses, including potential uses of structures and improvements. 5. Site Protection and Immediate Site Needs These elements pertain to any immediate plans for the lands including limited public access, protection of the site’s resources, and insuring public safety.” “c. Structures and Improvements Discussion of all structural-type improvements including residences, water systems, restrooms, barns, fences and gates. Policies regarding disposition of major structures (i.e., use, sale or demolition) is further addressed in Section E.” D. Major Structures and Improvements “The disposition of major structures and other improvements is a primary concern throughout the planning process because of their potential resource value or deleterious impact. The process by which structures are disposed of is in accordance with Policies Regarding Improvements on District Lands. Preliminary use and management recommendations relating to existing structures and improvements will generally maintain the status quo, unless specific factors must be addressed because of negative site impacts or safety hazards requiring mitigation. For structures and improvements being retained during the further planning process, potential use categories will be identified, and a timeline for returning to the Board will be established. When feasible, the next decision point should coincide with the next consideration of the site’s Use and Management Plan to ensure that the ultimate disposition is consistent with overall plans for the site. The Use and Management Plan will establish the parameters for improvements and use of structures that are compatible with all other elements of the plan. The plan will outline the procedure and timeline for the preparation of a specific proposal, whether it is confined to a staff proposal or possibly the solicitation of public proposals. In the case of public solicitation, it is imperative that the parameters are well defined and consistent with open space goals and site plans.” Page 12 of 14 Coastal Service Plan (2004) THE MISSION FOR THE COASTAL ANNEXATION AREA The District's mission for the Coastal Annexation Area is: To acquire and preserve in perpetuity open space land and agricultural land of regional significance, protect and restore the natural environment, preserve rural character, encourage viable agricultural use of land resources, and provide opportunities for ecologically sensitive public enjoyment and education. The District will accomplish this mission as a cooperative endeavor with public agencies, non-profit organizations, and individuals with similar goals. Planning and Development (page 23) “…District lands are managed to promote the long-term preservation of their natural and cultural resources, and at the same time provide low-intensity public recreation, environmental education, and agricultural use where possible….” • Guideline G.6.3 Inherent in the preservation of open space resources in the Coastal Annexation Area is the protection of: rare, threatened and endangered plant and animal species; ecological systems; agricultural resources, water quality; visual resources; unique biological resources, including heritage and significant trees; and the unique cultural resources in the Coastal Annexation Area, including historic, archaeological and paleontological resources. Therefore, prior to making any lands available to low-intensity public recreational access, the District shall prepare and adopt a use and management plan, which, includes site-specific resource management and public access components for any lands acquired by the District or managed through contract for other public or private non-profit property owners. All lands acquired by the District within the Coastal Annexation Area will be inventoried to identify and prioritize resource management issues. • Guideline G.6.30 The protocol for determining if structures are of historic value is as follows: 1. The property and building types will be identified and evaluated by a qualified cultural consultant; 2. The cultural consultant will determine if the structures in question are currently included in a local register of historic resources, on the California Register of Historic Resources or on the National Register of Historic Places; 3. If it is determined that the structures in question are not currently included in a local register of historic resources, on the California Register of Historic Resources or on the National Register of Historic Places, a DPR 523 form issued by the California Department of Parks and Recreation (DPR) will be completed by the cultural consultant and the structural and building data sent to a qualified architectural historian; 4. If it is determined that the structures in question are currently on the California Register of Historic Resources or if the building has been determined to be of historic value, there are two options that would mitigate any impact to the historic values: Page 13 of 14 a) Retain and rehabilitate the building, rehabilitate it according to the Secretary of the Interior's Standards and Guidelines for Rehabilitating Historic Buildings (U.S. Department of Interior 1990). New construction near this building should be consistent with its historic character; or b) Move the building to a different location on its current parcel or to a different parcel appropriate to its historic character. (Reference: Mitigation CUL-1a) • Implementation Action G.6Q(i) Short-Term/Construction activities may impact nearby historic properties. These impacts may include dust accumulation on building facades, and increased noise and vibration from construction equipment. Construction period impacts could be mitigated to a less-than-significant level by implementing the following mitigation measures: 3. Cleaning of the adjacent historic buildings may be necessary after construction activities to prevent long-term damage to the building fabric. The need for cleaning shall be determined by a qualified Historic Architect, shall follow the standards set by the Secretary of the Interior, and shall be completed in consultation with the Historic Architect. 4. A structural engineer shall inspect the buildings prior to construction to determine if the noise and vibration anticipated during construction will affect the buildings framework and fabric. The report, with any recommendations and mitigation measures, should be reviewed by a qualified Historic Architect (Reference: Mitigation CUL-1a) EXISTING IMPROVEMENTS (page 42) The District is most interested in obtaining and/or managing “open space” properties. These are properties that typically have few or very limited existing improvements. Municipal sewer or water services are not normally sought by the District unless already available to the property. Should the District acquire lands that contain existing structures, these structures may be maintained and improved for uses such as staff or caretaker housing or for rental to others. Rental preference would be provided to other open space or recreation providers, such as the San Mateo County Parks and Recreation Department, and other public service workers, including teachers, where use of such facilities would benefit public recreation or open space programs and the community. Structures may or may not be retained depending on their condition and potential for compatible use. If retained, structures would likely not be expanded. Dilapidated or dangerous structures and other hazardous structures not of historic or scenic value may be demolished. Vision Plan (2014) Enriched Experiences: (page 22) Page 14 of 14 Learning about and appreciating the local environment, as well as connecting people with nature and with each other. Theme: Knowledge, Understanding, and Appreciation Goals: • Remember and honor community heritage and past ways of life through activities, programming, and projects • Interpret how natural and cultural resources relate to people’s current lives • Increase preserve-specific interpretation projects and programs that emphasize the protection of natural and cultural resources Natural, Cultural, and Scenic Landscapes: (page 23) Conserving the area’s scenery and rich history and providing places for escape and quiet enjoyment. Theme: Sense of Place Goals: • Maintain a sense of place by protecting and increasing access to locally significant, iconic natural or cultural features • Preserve the scenic backdrop and designated scenic corridors, emphasizing the view from major roadways and parklands • Preserve the character and scenic qualities of the coast and rural areas Theme: Steward Many Cultures Goals: • Protect immediately at-risk, culturally significant resources and promote their responsible stewardship • Promote partnerships that preserve and/or enhance cultural resources • Increase interpretation of cultural resources ### Midpeninsula Regional Open Space District Board Policy Manual Improvements on District Lands Policy 4.02 Chapter 4 – Acquisition & Maintenance of District Lands Effective Date: 3/24/16 Revised Date: 2/08/17 Prior Versions: 2/22/78, 3/23/83, 10/10/84, 7/25/07, 11/13/13, 3/23/16 Board Policy 4.02 Page 1 of 4 Purpose: Open space lands purchased by the District often have structures and other improvements of varying condition, usefulness and value. Some of these improvements are appropriate to the open space around them, and others are not. As use of District lands increases, there will be additional pressure on the District to construct new facilities such as visitor use buildings, parking lots, housing, and field offices. Since there are many costs involved with the maintenance, patrol, and liability of structures, it is important that the District establish a policy for the use, construction and/or removal of structures on District lands. Information on specific structures and their use, potential uses and final disposition will be found in the site planning documents. The following policy statements are intended as a guide for staff in the preparation of recommended actions concerning structures and improvements to inform the Board’s decision. A. Definitions. For the purpose of these policies, improvements include but are not limited to all improvements such as buildings, houses, barns, , visitor-serving and sanitary facilities, utility structures, communication towers, dams, water storage facilities, fences, gates, corrals, roads, trails and parking lots. B. Policy Statement. All structures and other improvements existing on District lands at the time of acquisition are potential resources and as such will be considered for retention and will be addressed in site planning documents. The District will retain, renovate or build a structure or other improvement only if it is complementary to the objectives of the District outlined in the Basic Policy. Important considerations in the decision to retain or build an improvement will be its compatibility with the open space character of the site, its potential financial burden to the District in terms of liability and management, historic value, and its proposed use. Further considerations are outlined in the Factors to Consider for Structures Disposition board policy 4.09. Improvements that don’t meet the criteria for retention will be removed as soon as practicable. The Construction and Demolition Waste Diversion board policy (4.08) provides guidelines for the disposition of materials resulting from an improvement- construction or demolition project. Structures or improvements should be evaluated at the time of acquisition, during the site planning process and when renovations in excess of $200,000 or that exceed the value of the structure are required. Board Policy 4.02 Page 2 of 4 The Board will review and approve the demolition of residential structures of any size, any structure in excess of 1,500 square feet, and any structure determined to be historically significant. The Board must also approve the construction of a residential structure of any size or any structure in excess of 1,500 square feet. The General Manager or his/her designee may authorize the demolition of any structure that does not meet the guidelines above as well as any structure that has had a major structural failure such as a collapsed wall or roof. The General Manager or his /her designee may approve the construction of any non-residential structure under 1,500 square feet on a case by case basis. In cases of particular public interest or that are controversial, the General Manager may bring the decision to the Board for final disposition. In other than emergency situations, public notice will be given to the degree specified in the Open Space Use and Management Planning Process board policy 4.02 and the Public Notification board policy 1.09 before any decision is made by the Board on the disposition of a structure or improvement. C. Discussion. (1) Improvements Used for Site Protection, Management, and Stewardship: (e.g., Field Office, Employee Residence, Agricultural Labor Residences, Equipment and Water Storage Facilities, Outbuildings, Corrals, Fences and Gates) If it is deemed necessary or desirable to have a field office or employee residence in order to properly care for a site and to accomplish the District’s land management, resource management and stewardship goals, the decision to use an existing structure or to build a new structure should be based on this policy and Factors to Consider for Structures Disposition board policy 4.09. As the District acquires agricultural properties, housing is needed for agricultural lease holders and their agricultural workers. Residences on District agricultural properties should be evaluated as potential housing for agricultural labor. Some improvements, including but not limited to outbuildings, corrals, fences, gates, equipment and water storage facilities may be required for the proper maintenance and protection of a site. Such improvements will be constructed and/or maintained as required. (2) Improvements for Public Utilization of the Site: (e.g., Education and Recreation Facilities, Restrooms, Drinking Water, Trails, Roads, Bridges and parking Lots) One of the District’s principal roles is providing low intensity recreational use of its lands. Improvements such as trails and parking lots will be considered as part of the site planning process. Improvements which have potential for more intensive recreational, environmental, historic, or educational use will also be considered for retention or construction; however, the willingness of other agencies or partners to bear any major costs of construction and/or management will be an important consideration. Board Policy 4.02 Page 3 of 4 Facilities required for the health and safety of the public will be constructed and maintained as required. In emergency cases, the staff will have discretion for immediate mitigation of hazards. (3) Improvements which Contribute to the Character of the Site: (e.g., Buildings with Unique Historical or Architectural merit, Barns, Sheds and Fences) In order for the Board to determine the historical, cultural or architectural significance of a structure, the District will notify and consult such agencies as specified in the Open Space Use and Management Planning Process board policy 4.01. As an aid to this determination, the District will conduct and maintain a survey of significant structures within the planning area. When the District considers acquisition of a site which includes a structure or structures which are listed on the National Register for Historic Places or are clearly eligible for inclusion on that register, the District has a special responsibility to seek some means to protect these structures. An important consideration in the decision to retain such structures will be the availability of special funding programs or resources from other public agencies, private organizations or individuals for the costs of their restoration, maintenance and operation. In extraordinary situations involving structures of exceptional historical or architectural merit, when other resources are not available, the District will either exclude the structures from its acquisition or accept the responsibility to protect and preserve them for an indefinite period while seeking other means for continued preservation and/or restoration as identified in the historical resources inventory. A Historic Structures policy is currently under development which will provide a detailed process for evaluating and determining the disposition of potentially historic structures. Some structures associated with agriculture or other former uses of the site can contribute significantly to the site without detracting from its open space character. When economically feasible within the constraints of the land management budget, examples of these structures will be retained, maintained, and when possible put to use. (4) Improvements for Agriculture and Other Special Uses: Agricultural use which is consistent with the open space use of a site is encouraged by the District. Improvements for agriculture or other special uses will be retained or constructed as approved by the Board and stated in the site planning documents. In the Coastside Protection Area; leases, use, and improvements shall be consistent with the District’s Service Plan Policies. (5) Improvements as Income Sources: Improvements intended to be constructed or maintained solely for the purpose of producing revenue will be evaluated on a case-by-case basis by the Board. Structures that do not serve a District purpose as listed in sections C 1-4 may be rented or leased to provide a revenue source for the District. When a structure or improvement is retained for these purposes, it should generally be rented for the fair market value consistent with possible special restrictions due to its location on open space lands, or in accordance with the Housing Policy board policy 4.11 and guidelines approved by the General Manager. Structures that are slated for demolition or are Board Policy 4.02 Page 4 of 4 retained for a future District purpose may be rented temporarily as a means of revenue production. (6) Leases The Board of Directors will review and approve leases or licenses which are long term (over one year) and/or involve an anticipated annual income in excess of $50,000, excluding month-to-month agreements. The General Manager or his/her designee may enter into leases, license agreements, or rental agreements on behalf of the District without specific Board approval if they are: (a) In amounts not exceeding $50,000 anticipated annual income to the District (including in-kind services), and (b) No more than one year in duration, or month-to month, and (c) Pursuant to a Board adopted planning document, and (d) Do not create commitments which go beyond the scope of the Board adopted site planning documents (e.g., extensive tenant improvements which could imply a longer term commitment by the District). The General Manager will have the discretion to enter into leases specifying either cash or in- kind services or a combination of the two as payment. If in-kind services are being accepted, they will in no circumstance exceed three year’s full cash value of the lease, the cash value of the remaining time on the lease, or $50,000, whichever is less, without Board approval, to preclude the expectation of a continuing relationship. Midpeninsula Regional Open Space District Board Policy Manual Factors to Consider for Structures Disposition Policy 4.09 Chapter 4 – Acquisition and Maintenance of District Lands Effective Date: 09/19/2012 Revised Date: 02/08/2017 Prior Versions: 09/19/2012 Board Policy 4.09 Page 1 of 4 Purpose Disposition of existing structures or the construction of new structures requires, at a minimum, an evaluation of existing conditions, a determination of the structure’s value to the District and its constituents, short-term and long-term costs, maintenance, and staffing requirements. These factors provide a framework for discussion to assist the Board with considering the disposition or construction of a structure and to provide the public with an understanding of the factors that normally must be considered as part of the decision-making process. Policy Decision Making Factors to Consider for Existing or New Structures A. Board-Adopted District Policies B. Compatibility with Open Space Character of the Site C. Historic and Educational Value D. Partnership Opportunities / Cooperation E. Potential Financial Cost, Including Liability and Management F. Proposed and Potential Uses G. Public Sentiment and Input H. Regional Important or Value I. Strategic Fit J. Tradeoffs and Impacts on District Resources K. Visitor Experience L. Condition of the Structure A. Board-Adopted District Policies The District Board of Directors has adopted various policies to guide day-to-day administration, operation, and management of District Preserves and to lay out the District’s objectives and means by which it accomplishes its mission “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”. One factor to consider is whether the structure under review is consistent with Board-adopted policies. The underlined headings B. through K. below were extracted or inferred from existing Board policies and include a brief summary to help lead a discussion of how they might apply to the disposition of District structures. B. Compatibility with Open Space Character of the Site Consistent with the board policy 4.02, Improvements on District Lands, it is important to consider whether a structure is believed to be compatible with and/or add to the character of the site and its Board Policy 4.09 Page 2 of 4 surrounding landscape. This includes whether the structure provides a sense of place as seen from afar, or whether the structure detracts from the natural surroundings. C. Historic and Educational Value The policy, Improvements on District Lands, calls for the gathering of information pertaining to the historical, cultural, or architectural significance of a structure. Existing historic-era structures inherited through past purchases or under consideration for purchase require surveys conducted by an expert consultant to evaluate the structure’s potential eligibility for listing in the National Register of Historic Places (National Register) and the California Register of Historic Resources (CRHR). As part of this survey, the history and significance of individual buildings and structures should be placed in context of any remaining or demolished larger facility in order to determine eligibility for listing. Taken together, these assessments would determine historic significance and integrity. This factor also includes “Educational” value given the high value placed by the public on the educational opportunities that exist for visitors, and especially younger generations, to gain a greater understanding of why a structure exists and its relevance to historic events. D. Partnership Opportunities/Cooperation The District’s Basic Policy includes a commitment to cooperatively engage with other agencies, community organizations, and individuals to preserve open space and to facilitate development and management of recreation facilities and public use. Beyond this, private organizations and entities could also provide cost-sharing and partnership opportunities to retain and/or manage structures. Existing structures may be more attractive to an entity if accessory amenities are already provided or are anticipated, or if a portion of the structural improvements are already completed. The Board may also want to consider the minimum match amount needed for the District to retain a structure. Consideration may be given to a cost-sharing situation where only a portion of the necessary funding to retain a structure is actually obtained by outside sources. E. Potential Financial Cost, Including Liability and Management Cost is an important decision-making consideration in either retaining or building a new improvement. Costs may include initial construction costs, one-time renovation costs, ongoing and long-term maintenance and management costs, and eventual demolition costs. Costs should be evaluated by the Board on a case-by-case basis and weighed proportionally with all other factors outlined in this policy. F. Proposed and Potential Uses The policy, Improvements on District Lands, identifies the structure’s proposed use as an important consideration in the decision to retain or remove it. An evaluation of the structural conditions can inform what repairs are necessary and the associated cost to ‘repurpose’ the structure into an occupied structure for public use. Although it is typically desirable to re-use existing structures, building a new facility that meets current code and/or meets a specific District need may be much more cost effective. Also, consideration should be taken on the remoteness of the structure since location may impede its accessibility and usefulness. G. Public Sentiment and Input (District Constituents and Residents Living Outside District Boundaries) This factor considers input from not only constituents whose property taxes support the District, but also from the larger regional constituency outside the District boundary. The District is divided into seven geographic wards, each represented by an elected Board member for a four-year term. Wards are drawn to divide the population evenly among Board members; in 2010 each Director represented approximately 107,000 constituents (2010 census), or 1/7th of the population residing within the Board Policy 4.09 Page 3 of 4 District boundary, which was approximately 749,000. Wards are redrawn at the conclusion of every national census, or when land is annexed for incorporation as part of the District. It is the responsibility of every Board member to provide representation to his or her individual constituents, and to also integrate the opinions of the larger public that reside outside the drawn boundary, particularly when decisions affect the larger region. It is common for buildings to elicit strong and varied responses from the public and staff since buildings often touch on people’s values, personal experiences, memories, and desires. As such, it is important to consider and evaluate each single comment that is received as part of the decision-making process. H. Regional Importance or Value Even if a structure cannot be seen from miles away, many buildings hold intangible values associated with memories of past personal experiences, important events, or regional occurrences that affect a wide distribution of people. The Board of Directors will consider this criterion in the context of the District’s mission to “…protect and restore the natural environment, and provide opportunities for ecologically sensitive public enjoyment and education.” Although some structures may not be deemed eligible for historic listing, the District might consider whether a structure is seen by some members of the public as a historic or cultural symbol, or a visual landmark, for current, former and future residents of the area. I. Strategic Fit Strategic Fit ensures that decisions regarding District structures further the District’s long-term goals, consistent with the District’s Strategic Plan. When viewed in context with the District’s other priorities, projects and processes that affect the management of public land, the Board will consider how each particular structure aligns with the District’s mission: to acquire land, protect and restore it, and provide public access and education. In 2011, the Board of Directors approved a Strategic Plan for the District (refer to Report R-11-96) to address the new challenges that the District is facing, including a reduced ability to purchase land while adequately addressing its resource management needs. As a result, consideration of any management decision on a District structure will be evaluated against the guidelines set forth in the Strategic Plan. A determination should be made of how each structure aligns with the Strategic Plan goal of balancing the three-part mission within the context of other current and future projects, as well as its role in fostering partnerships, enhancing public support, and expanding District financial and staffing resources. J. Tradeoffs and Impacts on District Resources Every budget cycle brings tough decisions to the District. In an environment of competing resources, some projects move forward while others must be deferred. This requirement to choose one project over another forces the District to compare the values and priorities of each project: for example, the value of completing one highly worthwhile resource management project ahead of another. Any determination about a structure, will also need to be judged against other competing projects, new land purchases, regulatory mandates, etc., in terms of cost, maintenance requirements, and staffing. K. Visitor Experience The Mission Statement of the District includes “opportunities for ecologically-sensitive public enjoyment and education”. The goal of the Project is aligned with this mission, and consideration should be given as to whether a structure adds value to, or takes away from the visitor experience. L. Condition of the Structure One of the most important factors to consider is not derived from Board policy and is simply the condition of the structure. The condition of the structure clearly impacts the costs associated with Board Policy 4.09 Page 4 of 4 stabilization, maintenance and renovation. In addition, many structures are not salvageable due to structural problems, rot and decay. If not addressed either through stabilization repairs, renovation or demolition, many structures can present hazards to District employees and the public including hazardous material exposure, rodent infestations, and structural hazards. Site conditions including the condition of access roads, availability of water, septic and power, and geologic stability play a key role in determining the disposition of existing structures, as well as the appropriateness of new construction. R-19-110 Meeting 19-22 August 28, 2019 AGENDA ITEM 4 AGENDA ITEM Proposed Agreement to exchange interests in real property between Frederick Holley and Maud Gleason (Holley-Gleason) and Midpeninsula Regional Open Space District (District). District to receive a public trail easement along a portion of Kennedy Trail in Sierra Azul Open Space Preserve (portion of Santa Clara APN 537-15-028) in exchange for a solar panel easement conveyed to Holley-Gleason at Sierra Azul Open Space Preserve (portion of Santa Clara APN 537-15-027). Pursuant to Public Resources Code section 5540.5, a unanimous vote of all seven Board members is required. GENERAL MANAGER’S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA), as set out in the report. 2. By a unanimous vote of the Board of Directors, adopt a resolution authorizing the agreement to exchange interest in real property between the District and Holley-Gleason. 3. Amend the Use and Management Plan to include the exchanged interest in real property. 4. Withhold dedication of the Exchange Property as public open space at this time. SUMMARY The General Manager recommends entering into an Exchange Agreement with Holley-Gleason for an exchange of easement rights that provides net benefits to both parties. The exchange will perfect public access on Kennedy Trail in Sierra Azul Open Space Preserve (Preserve) as the trail currently crosses the Holley-Gleason property without a formal easement. Concurrently, Holley-Gleason will secure property rights necessary to install a solar panel array on the Preserve (Attachment 2). This exchange of easement rights will be at no cost to the District. The following report presents a description of the proposed exchange in real property interests, an amendment to the Use and Management Plan, the environmental review findings, and terms. DISCUSSION Background Holley-Gleason own two contiguous properties that are both adjacent to the Preserve and both improved with residences. Holley-Gleason purchased the first property located at 15298 R-19-110 Page 2 Kennedy Road, Los Gatos in the spring of 1988 (15298 Kennedy Road) and the second property located at 15300 Kennedy Road, Los Gatos in the winter of 1996 (15300 Kennedy Road). In 2005, a nearby property owner installed a chain link fence across the portion of Kennedy Trail that crosses their property. This fence caused access issues for Preserve users, District staff, and emergency agencies. Although the trail has been somewhat re-routed, this fence is still an issue today. This easement exchange would prevent a similar situation from occurring in the future along the Kennedy Trail. California Public Resources Code section 5540.5 (“Section 5540.5”) empowers the Board, by unanimous vote of all seven members, to approve an exchange of dedicated open space property when the Board determines the exchange to be of equal or greater value and necessary for park or open-space purposes. Such exchanges are limited to 40 acres per calendar year. This transaction is such an exchange, as the value of securing and protecting the current public access over Kennedy Trail is significant. The easement to be conveyed to the District by Holley-Gleason will be used for park purposes. The District purchased the 21.3-acre property that is now adjacent to Holley-Gleason in 1982 (R- 82-19) to provide public access to other District property via the existing unpaved road (now Kennedy Trail). The District dedicated this property as public open space in January 1986 (R-86- 10). Upon dedication as public open space, the property effectively becomes permanently protected, and the District restricts its ability to sell or otherwise convey the dedicated properties. Public access via this portion of Kennedy Trail has been open to the public since 1982. Recent research has determined that a 250 (+/-) linear foot section of the existing Kennedy Trail crosses over a portion of the 15300 Kennedy Road property. There is no recorded public trail easement for this short portion of Kennedy Trail that crosses this property. In early 2019, Holley-Gleason were examining the viability of installing solar power for their residences and it was determined that their properties were too shaded for solar power to be viable. However, there is an open area of the Preserve that is adjacent to 15298 Kennedy Road that would be ideal for a solar panel array. This area of the Preserve is not visible from Kennedy Trail. In April 2019, Holley-Gleason contacted the District and proposed an easement exchange as they were aware that Kennedy Trail crossed their 15300 Kennedy Road property without an easement and they were interested in finding a way to make solar power viable for their properties. The proposed solar easement would be appurtenant to the 15298 Kennedy Road property and it is being designed and sized to offset all of the power for both the 15298 Kennedy Road and 15300 Kennedy Road properties. The proposed size of the solar panel array is approximately 40 kilowatts or around 100 panels. Descriptions of Exchange Properties Holley-Gleason to District: Under the Agreement, Holley-Gleason would convey a public trail easement to the District over the portion of the 15300 Kennedy Road property that the existing Kennedy Trail crosses (approximately 250 linear feet and 6,788 square feet). District to Holley-Gleason: Under the Agreement, the District would convey solar panel easement to Holley-Gleason that would be large enough to offset the full power needs for their two properties. The solar easement contains approximately 7,303 square feet of area and is not R-19-110 Page 3 visible from the Kennedy Trail. Per the easement, Holley-Gleason are required to secure permits from the Town of Los Gatos and are limited to an eight foot height limit for all improvements. USE AND MANAGEMENT Amended Use and Management Plan In January 1986, the Board of Directors (Board) dedicated the underlying property (R-86-10) and subsequently adopted a Revised Use and Management Plan for the Kennedy-Limekiln Area of the Sierra Azul Open Space Preserve on April 5, 1990. Exchange of easements with Holley-Gleason represents a further addition. Amendment of the Use and Management Plan to incorporate the easement exchange with Holley-Gleason would take effect at the close of the transaction and remain effective until further amended. The amendment to the Use and Management Plan includes the following elements: Name: Designate the trail easement acquired as an addition to Sierra Azul Open Space Preserve. Public Access: Public uses allowed on Kennedy-Limekiln trail within the trail easement will continue. No public access is allowed in the easement area granted to Holley-Gleason. Signs and Site Security: Install trail signs and District boundary signs as needed. Easement Monitoring: Conduct regular inspections of the easement area to ensure compliance with the terms of the exchange. Dedication: Withhold Board dedication of the public trail easement at this time. CEQA COMPLIANCE Project Description The project consists of an Agreement to exchange interests in real property between Holley- Gleason and District as permitted under Section 5540.5. Per the terms and conditions of the Agreement, the District will convey a permanent solar easement totaling approximately 7,303 square feet at Sierra Azul Open Space Preserve to Holley-Gleason. In exchange, Holley-Gleason will convey to the District trail access rights over Kennedy Trail totaling approximately 6,788 square feet over a portion of property at 15300 Kennedy Road, Los Gatos. The easement to be conveyed to the District is of equal or greater value and will be used for park purposes. CEQA Determination The District concludes that the project will not have a significant impact on the environment. The project is categorically exempt from the California Environmental Quality Act (CEQA) under Article 19, Section 15325 (f): acquisition, sale, or other transfer to preserve open space or lands for park purposes. The easement exchange is a transfer that serves park purposes and preserves existing trail use and is not anticipated to result in an impact on the environment. R-19-110 Page 4 TERMS AND CONDITIONS As part of the proposed Agreement, the District and Holley-Gleason agree to convey the easements to each other at no cost to either party. The easement exchange is of equal or greater value to the District and the public it serves as it perfects and secures the current public trail access over Kennedy Trail in the Preserve. Therefore, the exchange is determined to be in accordance with the District’s enabling legislation set out in Section 5540.5, pending unanimous vote by the Board. FISCAL IMPACT This reciprocal no-cost exchange of easements has no immediate fiscal impact. BOARD COMMITTEE REVIEW This item was not previously reviewed by a Board Committee. PUBLIC NOTICE Property owners of land located adjacent to or surrounding the project site have been mailed a copy of the agenda for this meeting. Accordingly, all notice required by the Brown Act and District policy has been provided. NEXT STEPS Upon approval by the Board of Directors, the General Manager will direct staff to execute the terms of Agreement and take the next steps identified in the Use and Management Plan. The District’s Foothills Field Office will continue to patrol and manage the Kennedy Trail. Attachments: 1. Resolution Authorizing Acceptance of Exchange Agreement, Authorizing General Manager or Other Officer to Execute Certificate of Acceptance of Grant to District, District Grant of Solar Easement, Authorizing General Manager or General Manager’s designee to Execute any and all Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve) 2. Overall Project Location Map Responsible Department Manager: Michael Williams, Real Property Manager Prepared by: Allen Ishibashi, Sr. Real Property Agent Graphics prepared by: Nathan Greig, Data Analyst I Attachment 1 Resolutions/2019/R-19-__Holley-Gleason Exchange 1 RESOLUTION NO. 19-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF EASEMENT EXCHANGE AGREEMENT, AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE EASEMENT DEEDS, AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER AND GENERAL COUNSEL TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE). The Board of Directors of Midpeninsula Regional Open Space District does hereby resolve as follows: SECTION ONE. The Board of Directors of the Midpeninsula Regional Open Space District (District) does hereby accept the offer contained in that certain Easement Exchange Agreement (Agreement) between Frederick O. Holley and Maud W. Gleason (Holley-Gleason) and the District, a copy of which Agreement is attached hereto and by reference made a part hereof, and authorizes the President of the Board of Directors, General Manager, or other appropriate officer to execute the Agreement and all related transactional documents on behalf of the District to acquire and exchange the real property described therein. SECTION TWO. The General Manager, President of the Board of Directors, or other appropriate officer is authorized to execute the easement deeds to the District and Holley- Gleason. SECTION THREE. The General Manager, President of the Board of Directors, or other appropriate officer is authorized to execute a Certificate of Acceptance for the easement to the District. SECTION FOUR. The General Manager or the General Manager’s designee is authorized to provide notice of acceptance to Holley-Gleason, execute all title and escrow documents, and to extend escrow if necessary. SECTION FIVE. The Board of Directors finds and determines that, pursuant to Section 5540.5 of the California Public Resources Code, the granting and acceptance of the easement interests are consistent with Public Resources Code 5540.5, and that the real properties being acquired by the District are of equal or greater value than the real property being transferred to Holley-Gleason, and are necessary to be acquired for open space purposes. SECTION SIX. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents, which do not involve any material change to any term of the Agreement or documents, which are necessary or appropriate to the closing or implementation of this transaction. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Attachment 1 Resolutions/2019/R-19-__Holley-Gleason Exchange 2 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ________, 2019, at a regular meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Secretary Board of Directors President Board of Directors APPROVED AS TO FORM: General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Holley Property APN 537-15-028 15300 Kennedy Road Holley Property APN 537-15-024 15298 Kennedy Road Kennedy Trail Easement Solar Panel Easement Kennedy Rd K e n n e dy Rd Kennedy Trail SIERRA AZUL OPEN SPACE PRESERVE Midpeninsula Regional Open Space District (Midpen) 7/10/2019 Holley Easement Exchange Pa t h : G : \ P r o j e c t s \ S i e r r a _ A z u l \ H o l l e y \ S A _ H o l l e y E a s e m e n t E x c h a n g e _ 2 0 1 9 0 5 0 1 . m x d Cr e a t e d B y : F L O P E Z 0 300150 FeetI Sierra Azul Open Space Preserve Private Property While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features. Area of Detail ÄÆ9 ÄÆ35 ÄÆ17 Los Gatos Midpen Easement Solar Panel Easement Kennedy Trail Easement Attachment 2 R-19-109 Meeting 19-21 August 28, 2019 AGENDA ITEM 5 AGENDA ITEM Proposed Agreement to exchange interests in real property between Pacific Gas and Electric Company (PG&E) and Midpeninsula Regional Open Space District (District). District to receive a public roadway easement for a portion of Mt. Umunhum Road and a public trail easement for a portion of Woods Trail in Sierra Azul Open Space Preserve (portion of Santa Clara APN 583-24- 004) in exchange for an easement for an existing gas line to be conveyed to PG&E at Pulgas Ridge Open Space Preserve (portion of San Mateo County APN 050-470-090). Pursuant to Public Resources Code section 5540.5, a unanimous vote of all seven Board members is required. GENERAL MANAGER’S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA), as set out in the report. 2. By a unanimous vote of the Board of Directors, adopt a resolution authorizing the agreement to exchange interest in real property between the District and PG&E. 3. Amend the Use and Management Plan to include the exchanged interest in real property. 4. Withhold dedication of the Exchange Property as public open space at this time. SUMMARY The General Manager recommends entering into an exchange agreement with PG&E, for an exchange of easement rights that provides net benefits to both agencies. The exchange will perfect PG&E’s property rights in the Pulgas Ridge Open Space Preserve for their existing underground gas pipeline. Concurrently, the District will secure expanded easement rights over Mt. Umunhum Road and Woods Trail in Sierra Azul Open Space Preserve. This exchange of easement rights will be at no cost to the District or PG&E. The following report presents a description of the proposed exchange in real property interests, an amendment to the Mount Umunhum Area of the Sierra Azul Open Space Preserve’s Interim Use and Management Plan, the environmental review findings, and terms. R-19-109 Page 2 DISCUSSION Background The District acquired 293 acres from the City and County of San Francisco in 1983 and that acquisition is currently part of the Pulgas Ridge Open Space Preserve (R-83-16). The District dedicated the property as park or open space in 1986. Prior to the District’s acquisition, the City and County of San Francisco granted a Revocable Permit to PG&E in 1948 to construct and operate a gas line through the property. PG&E constructed and currently operates a high-pressure 24-inch gas line (Gas Line) through the southern portion of the Pulgas Ridge Open Space Preserve. Although PG&E built and operates the Gas Line, they do not possess a formal recorded easement for the Gas Line. PG&E desires to perfect legal easement rights for the Gas Line. PG&E owns a narrow 21-acre parcel of land for high-tension power lines that cross through the District’s Sierra Azul Open Space Preserve (PG&E Parcel). The PG&E Parcel bisects Mt. Umunhum Road in one location and Woods Trail in two locations. The District possesses a 20- foot wide access easement over Mt. Umunhum Road that was appurtenant to the former Almaden Air Force Station property purchased by the District in 1986 (R-86-20). There is no record of the District having a formal public trail easement for Woods Trail as it crosses the PG&E Parcel. Both Mt. Umunhum Road and Woods Trail are currently open to the public for recreational uses. While the Pulgas Ridge Open Space Preserve property is dedicated, California Public Resources Code section 5540.5 (“Section 5540.5”) empowers the Board, by unanimous vote of all seven members, to approve an exchange of dedicated real property when the Board determines the exchange to be of equal or greater value and necessary for park or open-space purposes. Such exchanges are limited to 40 acres per calendar year. This transaction is such an exchange, as the value of securing and protecting current public access over Mt. Umunhum Road and Woods Trail is significant. The easements to be conveyed to the District by PG&E will be used for park purposes. Descriptions of Exchange Properties PG&E to District: Under the Agreement, PG&E would convey a 60-foot wide (current easement is 20-feet wide) public roadway easement to the District where Mt. Umunhum Road crosses the PG&E Parcel (approximately 305 linear feet and 18,320 square feet). PG&E would also convey a 100-foot wide public trail easement to the District where Woods Trail crosses the PG&E Parcel (approximately 764 linear feet and 54,449 square feet). District to PG&E: Under the Agreement, the District would convey a 50-foot wide underground gas line easement to PG&E where the gas line currently crosses the Pulgas Ridge Open Space Preserve (approximately 3,336 linear feet and 167,375 square feet). USE AND MANAGEMENT Amended Use and Management Plan The Board of Directors (Board) adopted an Interim Use and Management Plan for the Mount Umunhum area of the Sierra Azul Open Space Preserve in 1983 (R-83-19). It was amended in 1986 to include the Almaden Air Force Station property purchase (R-86-20). In subsequent R-19-109 Page 3 years, minor amendments to the Use and Management Plan were approved in response to additional purchases, cleanup efforts, etc. The District amended the Use and Management Plan on September 12, 2012 and October 17, 2012 to include project elements of the Mount Umunhum Project and again in December 2017 to include the Cultural Conservation Easement with the Amah Mutsun Tribal. Amendment of the Interim Use and Management Plan to incorporate the easements from PG&E would take effect at the close of escrow and remain effective until further amended. The amendment to the Interim Use and Management Plan includes the following elements: Name: Designate the easements acquired from PG&E as an addition to Sierra Azul Open Space Preserve. Public Access: Maintain existing public access on the easements. Easement Monitoring: Conduct regular inspections of the easement area to ensure compliance with the terms of the exchange. Site Safety Inspection: No known safety hazards exist within the easement area. Dedication: Withhold Board dedication of the easement area at this time. CEQA COMPLIANCE Project Description The project consists of an Agreement to exchange interests in real property between PG&E and District in compliance with Section 5540.5. Per the terms and conditions of the Agreement, the District will convey a gas line easement for an existing 24-inch high-pressure gas line totaling approximately 167,375 square feet on dedicated lands in Pulgas Ridge Open Space Preserve to PG&E to perfect easement rights for a permit granted by the prior landowner in 1948. In exchange, PG&E will convey to the District a public roadway easement over Mt. Umunhum Road totaling approximately 18,320 square feet over a portion of the PG&E Parcel. In addition, PG&E will also convey a public trail easement over Woods Trail totaling approximately 54,449 square feet over a portion of the PG&E Parcel. The easement to be conveyed to the District is of equal or greater value and will be used for park purposes. CEQA Determination The District concludes that the project will not have a significant impact on the environment. The project is categorically exempt from the California Environmental Quality Act (CEQA) under Article 19, Section 15325 (f): acquisition, sale, or other transfer to preserve open space or lands for park purposes. The Exchange Agreement with PG&E is a transfer that serves park purposes and preserves existing public uses, and is not anticipated to result in an impact on the environment. Previously, the Mount Umunhum Summit Access Project Environmental Impact Report was adopted by the Board on October 17, 2012 (R-12-104) in which potential impacts related to reconstruction of Mount Umunhum Road and associated public access improvements, including those identified within the PG&E Parcel, were evaluated and mitigations were identified. R-19-109 Page 4 TERMS AND CONDITIONS As part of the proposed Agreement, the District and PG&E agree to convey the easements to each other at no cost to either party. The easement exchange is of equal or greater value to the District and the public it serves as it perfects and secures the current public access over Mt. Umunhum Road and Woods Trail in the Preserve. Therefore, the exchange is determined to be in accordance with the District’s enabling legislation set out in Section 5540.5, pending unanimous vote by the Board. FISCAL IMPACT This reciprocal no-cost exchange of easements has no immediate fiscal impact. BOARD COMMITTEE REVIEW This item was not previously reviewed by a Board Committee. PUBLIC NOTICE Property owners of land located adjacent to or surrounding the project site have been mailed a copy of the agenda for this meeting. Accordingly, all notice required by the Brown Act and District policy has been provided. NEXT STEPS Upon approval by the Board of Directors, the General Manager will direct staff to execute the terms of Agreement and take the next steps identified in the Interim Use and Management Plan. The District’s Foothills Field Office will continue to patrol and manage Mt. Umunhum Road and Woods Trail. Attachments: 1. Resolution Authorizing Acceptance of Exchange Agreement, Authorizing General Manager or Other Officer to Execute Certificate of Acceptance of Grant to District, District Grant of Gas Line Easement, Authorizing General Manager or General Manager’s designee to Execute any and all Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul and Pulgas Ridge Open Space Preserves) 2. Overall Project Location Map Responsible Department Manager: Michael Williams, Real Property Manager Prepared by: Allen Ishibashi, Sr. Real Property Agent Graphics prepared by: Nathan Greig, Data Analyst I Attachment 1 Resolutions/2019/R-19-__PG&E_Exchange 1 RESOLUTION NO. 19-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF EASEMENT EXCHANGE AGREEMENT, AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE EASEMENT DEEDS, AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER AND GENERAL COUNSEL TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL AND PULGAS OPEN SPACE PRESERVES). The Board of Directors of Midpeninsula Regional Open Space District does hereby resolve as follows: SECTION ONE. The Board of Directors of the Midpeninsula Regional Open Space District (District) does hereby accept the offer contained in that certain Easement Exchange Agreement (Agreement) between Pacific Gas and Electric Company (PG&E) and the District, a copy of which Agreement is attached hereto and by reference made a part hereof, and authorizes the President of the Board of Directors, General Manager, or other appropriate officer to execute the Agreement and all related transactional documents on behalf of the District to acquire and exchange the real property described therein. SECTION TWO. The General Manager, President of the Board of Directors, or other appropriate officer is authorized to execute the easement deeds to the District and PG&E. SECTION THREE. The General Manager, President of the Board of Directors, or other appropriate officer is authorized to execute a Certificate of Acceptance for the easement to the District. SECTION FOUR. The General Manager or the General Manager’s designee is authorized to provide notice of acceptance to PG&E, execute all title and escrow documents, and to extend escrow if necessary. SECTION FIVE. The Board of Directors finds and determines that, pursuant to Section 5540.5 of the California Public Resources Code, the granting and acceptance of the easement interests are consistent with Public Resources Code 5540.5, and that the real properties being acquired by the District are of equal or greater value than the real property being transferred to PG&E, and are necessary to be acquired for open space purposes. SECTION SIX. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents, which do not involve any material change to any term of the Agreement or documents, which are necessary or appropriate to the closing or implementation of this transaction. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Attachment 1 Resolutions/2019/R-19-__PG&E_Exchange 2 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ________, 2019, at a regular meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Secretary Board of Directors President Board of Directors APPROVED AS TO FORM: General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ÄÆ84 ÄÆ17 ÄÆ85ÄÆ9 ÄÆ101ÄÆ280 ÄÆ880 ÄÆ680 ÄÆ101 ÄÆ280 ÄÆ85 ÄÆ35 ÄÆ1 ÄÆ1 ÄÆ82 Pulgas Ridge Sierra Azul Campbell Half Moon Bay Redwood City San Carlos Belmont East Palo Alto Los Altos Palo Alto Menlo Park Cupertino Saratoga Los Gatos Milpitas Santa Clara Sunnyvale San Jose Midpeninsula Regional Open Space District (Midpen) 7/1/2019 PG&E Easement Proposal - Overview Pa t h : G : \ P r o j e c t s \ S i e r r a _ A z u l \ P G E _ E a s e m e n t 2 0 1 8 \ P G E _ O v e r v i e w _ 2 0 1 9 0 7 0 1 . m x d Cr e a t e d B y : n g r e i g 0 52.5 MilesI Midpen 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. Proposed Easements Protected Lands Attachment 1 Rev. 1/3/18 R-19-114 Meeting 19-22 August 28, 2019 AGENDA ITEM 10 AGENDA ITEM Resolution requesting the Santa Clara County Board of Supervisors extend the 4/5ths supermajority vote required to move the Stanford University Academic Growth Boundary for an additional 99 years to protect important open space lands GENERAL MANAGER’S RECOMMENDATION Adopt a Resolution requesting that the Santa Clara County Board of Supervisors extend the 4/5ths supermajority vote required to move the Stanford University Academic Growth Boundary for an additional 99 years to continue protecting important open space lands in the county. SUMMARY Stanford University is a private university comprised of more than 8,000 acres, spanning the northwest corner of Santa Clara County and southern San Mateo County. Approximately 4,000 of those acres, of what is commonly considered the core campus area, are in unincorporated Santa Clara County and subject to the land use jurisdiction of Santa Clara County (County). The development on unincorporated County lands is governed by both a General Use Permit and a Community Plan, both of which the County is in the process of updating. About 2,200 of the approximately 4,000 acres of Stanford lands in the unincorporated County are outside of the Academic Growth Boundary (AGB) and have a land use and zoning designation of Open Space and Field Research. The current General Use Permit requires a 4/5ths supermajority of the County Board of Supervisors to modify the alignment of the AGB, providing an extra increment of protection for the open space. The 2018 Supplement to the Sustainable Development Study conducted by the County confirmed that the University could nearly triple in size over the next century and still not expand beyond its current AGB. Based on these findings, County staff and the Planning Commission have both recommended that the 4/5ths supermajority vote requirement be extended for an additional 99 years, thus continuing to provide the extra increment of protection for the open space outside the AGB. The General Manager recommends the Midpeninsula Regional Open Space District (District) Board of Directors (Board) adopt a resolution requesting that the County Board of Supervisors accept the recommendation of staff and the Planning Commission to extend the 4/5ths supermajority vote required to move the AGB for an additional 99 years. BACKGROUND Stanford University applied to Santa Clara County for a new General Use Permit (GUP) and associated amendments to the Stanford Community Plan and Zoning Map to authorize new development of academic, housing, and other associated uses on the Stanford campus to meet R-19-114 Page 2 facility needs through the year 2035. The application is the largest development application in the County’s history. It includes 2,275,000 square feet of net new academic space/support space and 3,150 net new housing units/beds on campus. The application is significant and unique in terms of the amount of development, the extended timeframe of its implementation, and the potential environmental impacts affecting the region. The Stanford University GUP Final Environmental Impact Report (EIR) was published by the County in December 2018. It evaluates potential environmental impacts from the proposed Stanford project. Numerous community meetings and public hearings were held for the Project. Primary public concerns of the Project are housing, traffic congestion, and open space protection. The County has been working with Stanford to implement smart growth strategies, such as balancing job-related development with adequate housing and transportation improvements to fully mitigate the potential impacts on the broader community. The County Planning Commission considered the application at three public hearings in May and June 2019. At its June 27, 2019 meeting, the Planning Commission forwarded a favorable recommendation to the Board of Supervisors regarding Stanford University’s GUP Application subject to the Conditions of Approval, the GUP EIR, the Stanford Community Plan amendments, and Zoning Ordinance amendments. The County Board of Supervisors is scheduled to review the application in late summer or fall of this year. DISCUSSION The District has been monitoring the development of the Stanford Project. Staff reviewed and provided comments on the Draft EIR in 2017. District comments focused on recreation, where potential environmental impacts may result from increased use of regional trails, open space, and other recreational facilities. The Stanford Project spans approximately 4,000 acres of Stanford lands, including the main Stanford campus area located generally north of Junipero Serra Boulevard (approximately 1,800 acres), and the largely undeveloped Stanford foothills located generally south of Junipero Serra Boulevard (approximately 2,200 acres). The Stanford foothills are outside of the AGB and have a land use and zoning designation of Open Space and Field Research (Attachment 1). The existing GUP requires a 4/5ths supermajority vote of the Board of Supervisors to modify the alignment of the AGB, thus providing an extra increment of protection for the open space. In 2018, the County prepared the Sustainable Development Study Supplement as a planning exercise to discuss how much Stanford could grow beyond 2035, which is the anticipated year for full buildout of the current proposed GUP. The study showed that the University could nearly triple in size over the next century and still not expand beyond its current AGB (Attachment 2). Based on this information, Santa Clara County staff and the Planning Commission have both recommended that the 4/5ths supermajority vote requirement be extended for an additional 99 years as part of the new GUP and associated Community Plan Amendments. County staff and the Planning Commission’s recommendation related to the AGB is consistent with the District’s mission. The General Manager recommends that the Board adopt a resolution supporting their recommendation. R-19-114 Page 3 FISCAL IMPACT There is no fiscal impact on adopting the proposed resolution. BOARD COMMITTEE REVIEW This item was not previously reviewed by a Committee. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE Approval of the resolution is not a project under CEQA. No further CEQA review is required. NEXT STEPS Pending Board approval, the District will forward the resolution to the Santa Clara Board of Supervisors. Attachments: 1. Academy Growth Boundary Map 2. Sustainable Development Study Supplement Fact Sheet Responsible Department Head: Ana Ruiz, General Manager Prepared by: Susanna Chan, Assistant General Manager San J u a n We s t Ca m p u s West Campus Foothills Foothills Foothills DAPER andAdministrative Arboretum Quarry Campus Center Lagunita San Juan Lathrop East Campus Lagunita Felt Reservoir Pa g e M i l l R d Pag e M i l l R d Sand H i l l R d Pa l m D r C a m p u s D r CampusDr ¨§¦280 JuniperoSerraBlvd Sta n f o r d A v e Foothill Expwy Embarca d e r o R d El C a m i n o R e a l Arast r a d e r o R d A r a s t r a d e r o R d Alpine Rd Sand H i l l R d Development District Inside the Academic Growth Boundary Outside the Academic Growth Boundary Academic Growth Boundary Development Districts - Existing Stanford LBRE/LUEP, 1/30/17 Devl_Districts_Existing.mxd ´0 0.5 Miles Stanford 2018 General Use Permit Boundary Academic Growth Boundary Stanford SDS Supplement Figure 2-2 Existing Development Districts under the 2000 General Use Permit SOURCE: Stanford LBRE LUEP; ESA D1 8 0 0 3 8 . 0 0 - S t a n f o r d S D S S u p p l e m e n t \ 0 5 G r a p h i c s - G I S - M o d e l i n g \ I l l u s t r a t o r N Attachment 1 1 Sustainable Development Study Supplement Fact Sheet Santa Clara County prepared the Sustainable Development Study Supplement (SDS Supplement) as a planning exercise to discuss how much Stanford could grow beyond 2035, which is the anticipated year for full buildout of the proposed 2018 General Use Permit. It “does not reflect any specific or proposed plans by Stanford.” The report verifies that Stanford can accommodate future academic and residential facilities on its campus over the long term by continuing to prioritize sustainability and employ smart land use practices. Resource constraints would not present an obstacle to Stanford's growth for many years beyond 2035. Such constraints would be re-evaluated before Santa Clara County considered any new development that Stanford might propose in the future. Background As a condition of approval for Stanford’s current General Use Permit, the university completed and submitted a Sustainable Development Study (SDS) to Santa Clara County in 2008, which was approved by the Board of Supervisors in 2009. The SDS found that future development could be accommodated within the existing Academic Growth Boundary (AGB) on the Stanford campus through 2035. That timeframe was chosen to achieve “a balance between the desire to provide a long-term planning framework and to produce a study that was useful.” In response to comments on the 2018 General Use Permit Draft Environmental Impact Report about the maximum future building capacity on the Stanford campus, Santa Clara County recently released the SDS Supplement that “assesses the long-term development capacity of the Stanford campus” well beyond the timeframe studied in the 2009 SDS. The SDS Supplement provides a “development capacity analysis [which] describes the hypothetical maximum development capacity of Stanford’s lands in unincorporated Santa Clara County…beyond the current planning horizon of nearby local communities, the Bay Area region, and the state.” Overview The SDS Supplement confirms that Stanford can accommodate new facilities within the AGB well into the future while maintaining the character of the campus. The SDS Supplement assumes in this planning exercise that there would be no development in existing campus open spaces, including in the Foothills and the Arboretum. The SDS Supplement “importantly, does not reflect any specific or proposed plans by Stanford or the County.” The report’s study horizon is beyond a reasonable planning timeframe (15-20 years), therefore the study applies campus development densities of similar universities to calculate hypothetical development capacity within Stanford’s land areas that have potential for infill or redevelopment. It is not possible to know what the needs of the university and the community will be in the future. Land use is a dynamic and rapidly-evolving field being shaped by advances in knowledge and technology. And given the rapid rate of economic and societal change in the world, the work done by Stanford is likely to continue evolving in the coming decades as new needs and opportunities emerge for the research and teaching missions of the university. The SDS Supplement quantifies the hypothetical carrying capacity of Stanford’s land within the Academic Growth Boundary and describes potential constraints to Stanford development beyond the 2018 General Attachment 2 2 Use Permit. The study concludes that “Over the very long-term, it is reasonable to expect that societal and technological change will extend the carrying capacity of existing levels of resources, potentially alter the rates of development and population growth on the campus, and push further out the point at which resource limitations physically constrain campus development.” The Community Plan for the Stanford campus is part of the Santa Clara County General Plan, which, similar to other municipal general plans, outlines a blueprint for acceptable land uses over a reasonable duration of time. As communities grow and change, general plans adapt accordingly. Stanford's plan is no different, in that the land use plans governing the university provide flexibility today and can be amended by the Board of Supervisors in the future to accommodate changing needs and capabilities. The zoning of the Stanford campus is, in at least one respect , more restrictive than zoning that applies to many other types of land uses in Santa Clara County and nearby cities. Academic development is not allowed by right and requires a conditional use permit. The maximum limit of allowed campus development is specified through this use permit process. As a result of Stanford’s zoning, future academic development beyond the amount authorized by the 2018 General Use Permit would require new discretionary approvals by the Board of Supervisors. While the SDS Supplement concludes that more facilities can be accommodated on the campus, the County retains control to decide whether to allow such development though future use permit proceedings. Key findings of the SDS Supplement • Using a variety of infill and redevelopment strategies, there is space to responsibly add density on Stanford’s academic campus well beyond 2035 while maintaining the campus character. • Between 2010 and 2035,“Stanford’s forecasted residential population…indicate[s] that the Stanford campus is adding housing faster than are surrounding communities and the Bay Area as a whole.” • Energy intensity on Stanford’s campus is down 25% since 2000. “Energy does not appear to represent a constraint to future development of Stanford’s campus.” • Stanford has reduced campus greenhouse gas (GHG) emissions by 68% from peak levels. “Due to Stanford’s sustainability efforts and California’s stringent regulations, combined with market- and technology-driven changes, GHG emissions do not appear to represent a constraint to future development of the Stanford campus.” • Stanford has reduced its potable water consumption by 30 percent between 2000 and 2015, despite adding 200,000 square feet of academic facilities and housing each year. Assuming continuation of current consumption rates, there is sufficient water available to serve campus growth through 2060, and through 2038 under drought conditions. The report acknowledges that, while water may serve as a future constraint to development beyond 2035, “[i]t is equally plausible that water supply will not become a constraint by these dates if campus growth slows, conservation increases, or new supplies are developed through water recycling and/or new contractual agreements with water wholesalers.” • “Stanford depends upon regional housing availability to attract and retain high-quality staff and other workers. Regional housing shortages, should they persist, theoretically could make it more difficult for Stanford to attract and retain faculty and staff over the long term.” The report acknowledges that regional housing supplies are not likely to affect student recruitment given the large amount of student housing that Stanford provides on its campus. Attachment 2 From: To: we ; Cerc; General Information Subject: Full Board of Directors and District Clerk - Board Contact Form Date: Saturday, August 3, 2019 7:34:59 PM Name Select a Choice *. Email Daniel Yost Full Board of Directors and District Clerk Location: (i.e. City, Address or District Woodside Ward) Comments: Thanks from a Mayor! Thanks for the excellent event on Friday. At the event I learned of a new feature that Midpen is planning on rolling out in some properties which is a can where dog waste can be disposed. I am 100% in favor of this and I hope it gets rolled out to all Midpen properties that allow dogs ASAP. We had a similar issue in Woodside (on a local hill that allows dogs but had no containers so it filled up with bags of poop). As soon as we installed a poop bag container it quickly reduced the poop bag population. Thanks for your leadership and I do hope that the programs expands to allow the properties that allow dogs! I was walking in Pulgas today and carted my dogs poop home in the car -- but I see from the many bags on the trail that most people don't do that (and I can't blame them given the smell on the ride home!). Yours, Daniel Yost Mayor, Town of Woodside August 28, 2019 Re: Dog Waste Container Daniel Yost Town of Woodside Mayor Transmitted via email dkyost@yahoo.com Dear Mayor Daniel Yost, Thank you for your comments regarding the recent Midpeninsula Regional Open Space District (Midpen) Board of Director’s (Board) decision to install dog waste containers at specific open space preserves that receive high dog on-leash use. It is encouraging to hear that the Town of Woodside succeeded in reducing dog poop bags left on trails by installing dog waste containers. I am hopeful we will be just as successful at our preserves. Providing dog waste containers at our preserves is a big change for Midpen, we have always advocated the “pack it in, pack it out” message to our visitors to encourage them to carry out all litter. This policy has been very successful at keeping preserves clean and reducing staff costs. Therefore, we will take a cautious approach to adding dog waste containers by focusing on areas where dog waste has been a significant issue. Initially, staff will install them at the primary entrances to Fremont Older, lower Windy Hill, Thornewood, and Pulgas Ridge Open Space Preserves. Staff will also conduct public outreach to inform visitors of the new dog waste containers and the importance of properly disposing dog waste in either these containers or at home to protect water quality and the preserve’s natural resource values while helping Midpen foster an enjoyable visitor experience. For the next few weeks, staff will be counting waste bags they pick up during routine preserve patrols to create a baseline count of waste bags left in preserves to determine how effective dog waste containers are once they are installed. The new containers will be installed in early September. Staff will report back to the Midpen Board in winter/spring of 2020 on the effectiveness of the dog waste containers. Thank you again for your comments. Sincerely, Pete Siemens Board President DRAFT RESPONSE FOR BOARD REVIEW DATE: August 28, 2019 MEMO TO: Board of Directors THROUGH: Ana Ruiz, General Manager FROM: Kirk Lenington, Natural Resources Manager Brian Malone, Assistant General Manager for Visitor and Field Services SUBJECT: Agricultural Policy Project – Update on Process and Schedule A proposed scope and schedule for clarifying and defining Midpeninsula Regional Open Space District’s (Midpen) role in agricultural preservation was provided to the Board of Directors (Board) as an FYI on August 22, 2018 (attached). This memorandum proposed an ambitious scope of work beginning with a review of existing policies, guidelines and practices. Staff envisioned a project scope that included several workshops and study sessions to further develop understanding and knowledge regarding the issues and opportunities associated with supporting agriculture within District boundaries. Revisions to Proposed Approach for Policy Review and Development Staff has begun researching potential agricultural policy issues and practices of other organizations and agencies. As this research has progressed, a couple of revisions to the proposed approach have been identified that benefit the policy development process. The primary changes to the agricultural policy development process are: 1) Shifting the order of a workshop to compile existing agricultural policy and program information from peer agencies (this workshop was renamed Peer Agency Workshop from Partner Agency Workshop to better reflect its intent to include agencies not currently working with the District) and 2) to replace a coastal agricultural summit as originally envisioned with a workshop focused on the District’s role in supporting agriculture on the San Mateo coast (a summit co-sponsored with San Mateo County is not possible at this time, but may be considered for a future year). The revised Agricultural Policy development process is described in more detail below: 1) Review Existing Agricultural Policies, Guidelines, and Practices – COMPLETED: A Board study session was held on March 27, 2019 (R-19-36). Prior to the study session staff reviewed the goals of the project with the San Mateo Farm Bureau and advised them of the Board study session. Several members of the Farm Bureau attended the study session. 2)Peer Agency Workshop: Staff is currently preparing materials for a workshop focused on peer agencies to be held at the TomKat Ranch in Pescadero. The focus of this workshop is to gain insights in the current programs offered and practices implemented by peer agencies; the successes, challenges, and lessons learned using case studies; and the gaps or deficiencies that are present within the District’s jurisdiction where the District may consider playing a greater role. Due to logistic issues, this workshop will not be subject to the Ralph M. Brown Act and will be limited to District staff and attendance by a non-quorum group of representative Board members (Directors Hassett, Kersteen-Tucker, and Rifle). The full Board and public will have an opportunity to hear directly from the peer agencies and ask questions of their practices at a subsequent public meeting in January/February 2020 (refer to Item 4 below). Invited Peer Agency Attendees: o TomKat Ranch Education Foundation o Santa Clara Valley Open Space Authority o Coastside Land Trust o San Mateo County Planning o CA State Parks o Sonoma County Agricultural Preservation and Open Space District o Marin Agricultural Land Trust o Point Blue Conservation Science o Santa Clara County Department of Parks and Recreation o East Bay Regional Parks District o San Mateo County Agricultural Commissioner o SAGE (Sustainable Agriculture Education o University of California Cooperative Extension o UC Elkus Ranch o Natural Resources Conservation Service Timeline: •September 2019 3)San Mateo Coast Agricultural Producer Workshop: Hosting an Agricultural Workshop with San Mateo County producers will provide the full Board and staff an opportunity to understand the priority issues and concerns of a wide breadth of local agricultural producers to receive the full range of viewpoints (e.g. conventional, organic, row crops, tree farms, vineyards, etc.). Topics may include farm labor housing, infrastructure, public access, and water use. If time allows, the workshop may include site tour(s) of working lands. Timeline: •November 2019 – December 2019 4) San Mateo Coast Agriculture Study Session: Staff will compile the information and feedback from prior workshops regarding opportunities for the District to support agriculture. Staff will consult with the San Mateo Farm Bureau to receive input regarding areas of interest to the Farm Bureau. Using this information, a skeleton structure of the agricultural policy topics will be assembled for presentation to the Board at a Study Session. At this public meeting, staff will present the information received from peer agencies, agricultural producers, and the Farm Bureau. Peer organizations and agricultural producers will be invited to present their programs and practices and answer questions directly from the full Board. Timeline: •January 2020 – February 2020 5)Midpen Policy, Guidelines, Practices: Information, feedback, and Board direction will be used to either update the existing policies, guidelines and practices, or develop a new comprehensive set of policies as necessary, which the Board would review at a study session and approve at a subsequent Board meeting. Depending on the scope of the policy changes or additions, CEQA analysis may be required to support Board adoption. Timeline: •February 2020 – May 2020 •Board Study Session of proposed policy language: March – April 2020 •Board approval of new policy language: May – June 2020 Attachments: •September 12, 2018 Memorandum: Agricultural Policy Project - Process and Schedule •Agricultural Policy Development Timeline DATE: September 12, 2018 MEMO TO: Board of Directors THROUGH: Ana Ruiz, General Manager FROM: Kirk Lenington, Natural Resources Manager Brian Malone, Acting Assistant General Manager SUBJECT: Agricultural Policy Project - Process and Schedule SUMMARY This memorandum provides the Board of Directors (Board) with a defined process and schedule to update the Midpeninsula Regional Open Space District’s (District) agricultural policies, which is a Fiscal Year 2018-19 Action Plan project. To ensure that policy development is well informed, the process includes four major phases of work, including two workshops, one study session, and one public hearing. The work would begin in November, with the hiring of the new Natural Resources Specialist/Rangeland Ecologist, and continue through October 2019. To maintain momentum and allocate the resources necessary to host multiple workshops (important new scope), three operational projects would be deferred or have the schedule extended. Moreover, updates made to the District’s agricultural policies will serve to inform the subsequent work for two of these projects. BACKGROUND Clarifying and further defining and the District’s role in agricultural preservation, consistent with the San Mateo Coastal Service Plan, is a component of the work program for Fiscal Year 2018- 19. The proposed project scope of work includes compiling and reviewing existing agricultural policies, guidelines, and current practices. This step is particularly important since Board- adopted agricultural policies exist in numerous documents (Basic Policy, Resource Management Policies, Coastal Service Plan, etc.) with the potential for inconsistencies and/or conflicts. This work will also evaluate gaps and areas requiring greater clarification, such as understanding the District’s role in the provision of Agricultural Workforce Housing. The goal is to arrive at a comprehensive Board-approved agricultural policy to inform future work. The updated Agricultural Policy may include or touch on the following topics: •Agricultural production plans •Agricultural workforce housing •Agricultural infrastructure •Water supply and use •Pesticide use •Predation and pest management ATTACHMENT 1 •Brush management •Balance with resource protection •Invasive species management •Compatible public access •Riparian and aquatic habitat protection •Marketing and promotion •Use of conservation easements and fee title •Types of uses permitted (e.g. grazing, row crops, small livestock and poultry, greenhouses, processing plants, cannabis, vineyards, tree farms, horse breeding, dairy, native plant harvesting, orchards, apiaries, farm dinners, tours, environmental education etc.) Some topics are addressed in sufficient detail within existing policies. Other topics would benefit from additional policy development to better define Board direction and the District’s role. In the course of evaluating all of the facets that apply to agricultural preservation, the Board may request the inclusion of additional topics. As a reminder, the mission for the Coastal Protection Area (established in the 2004 Coastal Annexation Area Service Plan) is as follows (bold denotes additions to the District’s basic Mission Statement): “To acquire and preserve in perpetuity open space land and agricultural land of regional significance, protect and restore the natural environment, preserve rural character, encourage viable agricultural use of land resources, and provide opportunities for ecologically sensitive public enjoyment and education. The District will accomplish this mission as a cooperative endeavor with public agencies, non-profit organizations, and individuals with similar goals.” POLICY DEVELOPMENT APPROACH AND TIMELINE To best provide the Board with a full understanding of the elements of an agricultural policy, the General Manager is preparing to pursue a phased approach starting with a review of all pertinent District policies, guidelines, and practices as follows: 1)Review Existing Agricultural Policies, Guidelines, and Practices The San Mateo Coastal Area Service Plan and subsequent EIR establishes the policies, guidelines, and practices by which the District purchases and manages lands in the San Mateo County coastside area, including agricultural lands. The Basic Policy, Resource Management Policies, property management policies, and various other board and administrative policies provide staff direction on agricultural uses, leases, and easements. A review of these and other existing agricultural policies will establish a good framework from which to move onto the next phase of policy development -- to host an agricultural workshop of the San Mateo Coast. Timeline: •November 2018 – December 2018 •Board Study Session: January 2018 Potential Attendees: Grazing/row crop/chestnut farm/tree farm tenants Other interested members of the public ATTACHMENT 1 Desired Outcomes: Understand current agricultural goals, vision, expectations, emphasis, gaps, inconsistencies, and conflicts on District lands Inform the Board about the acreage and types of agricultural uses on District lands Understand natural resource management policies, guidelines, and practices that support and affect agricultural uses Receive early Board feedback on topics and gaps to address as part of this agricultural policy work 2) San Mateo Coast Agricultural Workshop Supervisor Don Horsley of San Mateo County is a local leader in agricultural preservation, and has modeled an engagement strategy with the coastside community through hosting agricultural workshops in 2012 (San Mateo County Agricultural Summit on November 29) and 2014 (Water Supply Reliability on December 5). There may be an opportunity to co-host an Agricultural Workshop with San Mateo County to understand the priority issues and concerns of a wide breadth of local agricultural producers to receive the full range of viewpoints (conventional, organic, grazing, row crops, tree farms, vineyards, etc.). Topics may include farm labor housing, infrastructure, predation, public access, and water use. If time allows, the workshop may include site tour(s) of working lands. Timeline: •Preparation: January 2019 - March 2019 •Workshop: March 2019 Potential Attendees: Grazing/row crop/chestnut farm/tree farm tenants Conventional farmers/ranchers Organic farmers/ranchers San Mateo County Resource Conservation District San Mateo County Farm Bureau San Mateo County Agricultural Commissioner Desired Outcomes: Identify main issues facing agricultural producers on the San Mateo Coast and Peninsula, from conventional to organic Understand the benefits and challenges agricultural producers face with the programs and practices offered or required by the District and other partners, agencies, non-profits Strengthen connections between the District and local agricultural producers Identify desired elements for the agricultural policy 3)Partner Agency Workshop Following the Agricultural Workshop, the District would hold a focused workshop with partner agencies and organizations to discuss their roles and responsibilities in helping to preserve and sustain agriculture. As part of this workshop, the Board would gain insights in the current programs offered and practices implemented by partner agencies; the successes, challenges, and lessons learned using case studies; and the gaps or deficiencies that are present within the District’s jurisdiction where the District may consider playing a greater role. Topics may include the balance of natural resources protection with sustainable agriculture; land management costs ATTACHMENT 1 and benefits; public outreach and education; and the management of conventional and organic practices on protected open space lands. If time allows, the workshop may include site tour(s) of partner-managed working lands. Timeline: •Preparation: April 2019 – June 2019 •Workshop: June 2019 Potential Attendees: Peninsula Open Space Trust San Mateo County Resource Conservation District Coastside Land Trust TomKat Ranch Education Foundation San Mateo County Planning - Local Coastal Program Sonoma Agricultural Preservation and Open Space District Marin Agricultural Land Trust Point Blue Conservation Science Santa Lucia Conservancy Pepperwood Foundation Sonoma Mountain Institute California State Parks Desired Outcomes: Share best practices and lessons learned Strengthen connections with partners and organizations that support agriculture Identify programs and practices that are most beneficial to agricultural producers and protective of natural resource values Identify desired elements for the agricultural policy 4)District Agricultural Policy, Guidelines, Practices: Information, feedback, and Board direction received at each workshop would be used to either update existing policies, guidelines and practices, or develop a new comprehensive set of policies as necessary, which the Board would review at a study session and approve at a subsequent Board meeting. Timeline: •July 2019 – October 2019 •Board Study Session of proposed new policy language: September 2019 •Board approval of new policy language: October 2019 ADJUSTMENTS TO FY2018-19 OPERATING PROJECTS To accomplish the agricultural policy update as detailed in this memo and accommodate the expanded project scope, adjustments to the following three operating projects for FY2018-19 are necessary. Moreover, updates made to the District’s agricultural policies will inform the work of the first two listed items below. Project Notes Department Evaluate District’s Role in Offsite Deferral Updates to the agricultural policy will inform the Land and Facilities ATTACHMENT 1 Agricultural Workforce Housing District’s role in supporting offsite agricultural workforce housing. Basic Policy Update for the Coastal Area Deferral Updates to the agricultural policy will inform updates to the Basic Policy for the Coastal Area. Planning Prescribed Fire Program Development Extension of Schedule Depending on staff capacity, the project schedule may need to be extended. Natural Resources ### ATTACHMENT 1 Agricultural Policy Development Timeline Review Existing Policies Peer Agencies and Partners Consultation Board Policy Development Board Study Session Mar 27, 2019 Peer Agency Workshop September 2019 San Mateo County Farm Bureau Briefing on Process Board Study Session January -February 2020 Winter-Spring 2019 Summer -Fall 2019 Winter-Spring 2020 Board Approves New Policy Language San Mateo County Farm Bureau Executive Team Consultation San Mateo Coast Agricultural Producer Workshop November –December 2019 San Mateo County Farm Bureau Executive Team Consultation (Draft Policy Topics) San Mateo County Farm Bureau Executive Team Consultation Board Study Session March –April 2020 ATTACHMENT 2 DATE: August 28, 2019 MEMO TO: MROSD Board of Directors THROUGH: Ana M. Ruíz, General Manager FROM: Joshua Hugg, Governmental Affairs Specialist SUBJECT: State Legislative Update _____________________________________________________________________________ SUMMARY Periodically, the Midpeninsula Regional Open Space District’s (District) Board of Directors (Board) will receive a State of California Legislative Session briefing regarding recent legislative developments. District staff and the legislative consultants, Public Policy Advocates (PPA) and Environment and Energy Consultants (EEC), last provided a legislative update to the Board on October 24, 2018, after the conclusion of the 2018 legislative session. Since then, the State has reconvened for the 2019 session and signed into law the $215 billion fiscal year 2019-20 budget (www.ebudget.ca.gov) and agreed on the allocation of approximately $1.4 billion in Cap and Trade funds. The legislative consultants also last presented to the Legislative, Funding, and Public Affairs Committee (LFPAC) on June 11, 2019. District staff and the legislative consultants also continue to utilize the Board-approved 2019 Legislative Program to communicate District positions on bills, budget recommendations, and other legislative items to the respective authors and/or legislative committees as appropriate. In addition, staff fields time-sensitive requests from partners, and monitors evolving pieces of legislation in accordance with Board Policy 1.11. Please refer to Attachment 1 for a summary status of priority bills as of August 22, 2019 and the Discussion section below for more details. State of California Upcoming Legislative Calendar The State Legislature is currently in the middle of its summer recess, which ended on August 12. Key deadlines are as follows (see Attachment 2 for full calendar): J uly 12 – August 12 Summer Recess (following passage of Budget Bill) August 30 Last day for fiscal committees to meet and report bills September 6 Last day to amend bills on the floor September 13 Last day for each house to pass bills, except bills that take effect immediately or bills in Extraordinary Session. Final Recess begins upon adjournment. October 13 Last day for Governor to sign or veto bills passed by the Legislature before September 1. January 6, 2020 Reconvening of the 2019-20 Regular Session DISCUSSION The remainder of this memo provides updates from both Environmental and Energy Consulting and Public Policy Advocates on key legislative items of District interest. Updates from Environment and Energy Consulting (EEC): California Budget: The Governor signed the Fiscal Year 2019-20 Budget in June, totaling $215 billion. Key priorities funded include: homelessness, Medi-Cal expansion for undocumented young adults, a second year of tuition-free community college, increase in the earned-income tax credit, and changes to the Department of Motor Vehicles. The budget allocated $2 million to help the District acquire the Gordon Ridge and/or Cloverdale properties. Additionally, $10 million was re-allocated to allow for the continued negotiations in purchasing (fee or easement) important watershed land from the San Jose Water Company. Cap and Trade/Greenhouse Gas Reduction Fund: The Legislature passed the Fiscal Year 2019-20 Cap-and-Trade Expenditure Plan in June, totaling $1.4 billion. The package includes investments in low carbon transportation, climate smart agriculture, short-lived climate pollutants, criteria air pollutants, and clean energy research. Specifically, the legislature allocated the following of importance to the District: •$165 million for healthy and resilient forests; •$35 million for prescribed fire and fuel reduction; •$28 million for healthy soils; and •$35 million for workforce development Bonds: •Natural Resources/Infrastructure Bond (Mullin) Assemblymember Mullin is working on a legislative bond that, if introduced, would provide an undetermined total amount in bonds to finance infrastructure and complementary projects related to wildfires, flood control, river protection, wildlife corridors, workforce development, waste reduction, and community access, among others. We have worked with the author’s office to add language that reflects District priorities. •Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Act of 2020 Joe Caves submitted a private citizen’s initiative/bond to the Secretary of State that, if qualified, would be placed on the November 2020 ballot. The language filed includes many similar, or identical, provisions that were crafted and advanced on behalf of the District through SB 45. Additional amendments have been submitted to the Clean Water Natural Resources & Parks Coalition (CWNRP) that reflect District priorities under the umbrella of CWNRP. •SB 45 (Allen) Wildfire, Drought, and Flood Protection Bond Act of 2020. SB 45 is a legislatively introduced bond that would allocate over $4 billion for projects that address fire risk and damage, create healthy forest and watersheds, reduce climate impacts on urban areas and vulnerable populations, and improve the resilience of our natural resources and working lands. EEC has worked with the author’s office to include language that reflects District priorities. District Position: Support in Concept Status: The bill is currently stalled in the Senate Committee on Appropriations. Priority Legislation: •AB 1190 (Irwin) Unmanned aircraft: state and local regulation: limitations. Summary: Would, among other things, prohibit a state or local agency from adopting any law or regulation that bans the operation of an unmanned aircraft system. The bill would also authorize a local agency to adopt regulations to enforce FAA regulations regarding the operation of unmanned aircraft systems and would authorize local agencies to regulate the operation of unmanned aircraft and unmanned aircraft systems within their jurisdictions, as specified. The bill would also authorize a local agency to require an unmanned aircraft operator to provide proof of federal, state, or local registration to licensing or enforcement officials. District Position: Support if Amended Status: This is a two-year bill and can be acted upon in 2020. Continued conversations will occur in the fall. •AB 1486 (Ting) Surplus land. Summary: Current law prescribes requirements for the disposal of surplus land by a local agency. This bill would expand the definition of “local agency” to expressly include sewer, water, utility, and local and regional park districts, joint powers authorities, successor agencies to former redevelopment agencies, housing authorities, and other political subdivisions of this state. The bill would require local agencies to offer lands for sale for affordable housing development prior to negotiating with any other potential purchaser. CSDA is currently negotiating final amendments to the bill to allow a greater flexibility with the range of exempt uses to move them to a “neutral” position. District Position: Watch Status: Pending on the Senate Appropriations Suspense File. •AB 1788 (Bloom) Pesticides: use of anticoagulants. Summary: Current law prohibits the use of any pesticide that contains one or more of specified anticoagulants in wildlife habitat areas, as defined. Current law exempts from this prohibition the use of these pesticides for agricultural activities, as defined. Existing law requires the director, and each county agricultural commissioner under the direction and supervision of the director, to enforce the provisions regulating the use of pesticides. This bill would create the California Ecosystems Protection Act of 2019 and expand this prohibition against the use of a pesticide containing specified anticoagulants in wildlife habitat areas to the entire state. District Position: Support Status: This is a two-year bill and can be acted upon in 2020. Discussions with the Governor’s office shall continue through the fall. •AB 916 (Muratsuchi) Pesticide use: glyphosate. Summary: Would, until January 1, 2025, prohibit a city, county, charter city, city and county, or a special district, as defined, from using any pesticide that contains the active ingredient glyphosate. The bill would not preclude a county, city, charter city, city and county, or a special district from adopting or enforcing stricter pesticide use policies. The bill author is currently considering amendments that are consistent with the University of California’s limitation of glyphosate use adopted in May 2019 to include the following specific allowances: o Agricultural operations; o Fuel-load management programs to reduce wildfire risk; o Native habitat preservation or restoration activities; and o Research that requires glyphosate-based herbicides. East Bay Regional Park District continues to use glyphosate consistent with the above uses, banning its use in other locations (developed park areas like picnic and play areas) and phasing out its use in other developed areas by the end of 2020, including parking lots, campgrounds, lawns, and paved trails. This is consistent with District practices where staff refrains from its use in close proximity to high visitation recreational areas. District Position: Watch Status: This is a two-year bill and can be acted upon in 2020. Updates from Public Policy Advocates (PPA): Legislature Approves Bill to Help Utilities Avoid Ratings Downgrade Assembly Bill 1054 (Holden; D-Pasadena) passed the Legislature before Summer Recess and Governor Newsom signed the measure on July 12, 2019. This measure makes significant changes in the way utilities pay for the cost of devastating wildfires caused by their own equipment and maintenance programs. The bill runs largely in parallel to the plans outlined by the Newsom administration. It would create a $21 billion insurance fund that utilities could tap into, provided they meet the requirements of a newly instituted safety certification process. To earn the certification, the utilities would have to undergo a review process each year, tie executive compensation to safety performance, and establish a wildfire safety committee on their boards of directors. The power companies could access the money if a fire caused by their equipment results in more than $1 billion in property damage - but only if the California Public Utilities Commission, or CPUC, determines they acted prudently. If the Commission rules they acted recklessly, the utilities have to shoulder the costs. Under the bill, customers would keep paying $2.50 a month for a bond established in the wake of the California energy crisis though the Department of Water Resources. Instead of terminating the charge, the fee would be extended with the money going to the wildfire fund. The utilities would be required to spend a combined $5 billion every three years to reduce the risks of wildfires in their respective service territories, on top of what they are already spending. The power companies would be allowed to pass those costs onto customers, but they could not earn a profit on that spending. The bill does not specifically address the state's legal doctrine of "inverse condemnation" that power companies have long sought to eliminate, but it does make a subtle yet likely significant change. Once a utility gets certification, proof of liability would shift. Parties looking to recover costs from power companies would have to prove a utility failed to manage its systems prudently or acted negligently. For years, the burden of proof has been placed on utilities to show they acted responsibly. The ratings agencies had warned of further downgrades unless California institutes legislative or regulatory changes to shore up the long-term financial prospects of the state's power companies. Downgrades increase the utilities' cost of borrowing, which is passed on to customers. After the bill passed, SCE is now considered "stable" up from "negative.” Vegetation Management Assembly Bill 1516 (Friedman; D-Glendale) makes various changes to improve defensible space requirements, vegetation clearance requirements of electrical transmission and distribution lines, and the technical assistance requirements of CAL FIRE to help local governments improve the fire safety of communities. The major provisions: 1.Establishes a 0-5 feet noncombustible zone to be phased in with guidance from CAL FIRE for homes in high fire hazard areas, recommended by fire professionals based on investigations of recent fires. 2. Prohibits the planting of incompatible trees under power lines. Helps property owners find the right native vegetation to plant under power lines that provides habitat benefits but will not grow into lines. 3. Requires the Office of Planning and Research to survey what locals are doing to enforce defensible space requirements in very high fire hazard severity zones (VHFHSZ). 4.Requires CAL FIRE to make its local fire prevention grants available to create defensible space assessment or inspection programs in VHFHSZ. 5.Establishes Wildland-Urban Interface Wildfire Risk Model to assist communities in determining their wildfire risk. 6. Requires CAL FIRE to develop a plan to meet its goals to inspect every structure in the SRA at least once every three years. 7.Improves training of local defensible space inspectors. 8. Authorizes CAL FIRE to provide technical assistance to local government, including water and power utilities to prevent fire and institute appropriate vegetation management. District Position: Support Status: AB 1516 will be on the Assembly Appropriations Suspense File until August 30th. Senate Bill 247 (Dodd; D-Napa) requires, on January 1, 2021, CAL FIRE to audit an Investor Owned Utility’s work to complete the vegetation management requirements in its wildfire mitigation plan. CAL FIRE and the CPUC currently have an existing MOU for wildfire mitigation-related activities. Generally, the CPUC has an auditing function of utilities, but does not necessarily inspect electric lines directly and does not currently have the staff or resources to conduct these inspections. CAL FIRE also provides a significant portion of the utilities’ power lines and related equipment inspections in a state responsibility area, which is where CAL FIRE’s statutory responsibilities are focused. The Governor’s 2019-20 May Budget Revisions proposed significant funding for the CPUC to increase its oversight of the electric IOU’s wildfire mitigation plans ($41 million), including a proposal to have a “swat team” of inspectors. The debate as to whether CPUC or CAL FIRE should handle these responsibilities is one that may not be fully resolved. District Position: Watch Status: SB 247 will be on the Assembly Appropriations Suspense File until August 30th. Senate Bill 182 (Jackson; D-Santa Barbara), among other things, revises and recasts requirements for conservation easement with forestland purchased with state funds on or after January 1, 2020. Requires the conservation easement address maintaining and improving forest health and resiliency to disturbances in order to conserve and enhance the land’s ability to provide long-term carbon sequestration, climate benefits, and watershed functions. Also requires the conservation easement, and any required management plan, to guide forest and other land management undertaken by the landowner to promote, among other things, native forest ecological structure and species composition, as specified. This bill also imposes various requirements upon city and county governments as it relates to wildland-urban interface area and general plans, land use and zoning ordinances, including prohibiting a city or county government from approving new development in a wildland-urban interface zone unless certain public safety findings are made. District Position: Watch Status: SB 182 will be on the Assembly Appropriations Suspense File until August 30th. Senate Bill 632 (Galgiani, D-Stockton) requires the State Board of Forestry and Fire Protection (Board), by June 30, 2020, to complete its environmental review under the California Environmental Quality Act (CEQA) and certify a specific draft program environmental impact report (EIR) for a vegetation treatment program. The Board has been working on a statewide Vegetation Treatment Program (VTP) Program EIR for over a decade. However, in January 2019, to address public concerns expressed over the potential impacts, changes in environmental conditions that the Program EIR was intended to analyze (e.g., increases in wildfire size and intensity), and CEQA processes, the Board pulled back the draft Program EIR that was issued in November 2017 and announced it would be preparing a new draft Program EIR, dubbed CalVTP, which is slated to be completed by the end of the year. Under CalVTP, CAL FIRE would implement vegetation treatments to reduce wildfire risks and avoid or diminish the harmful effects of wildfire on the people, property, and natural resources in the State of California. To counteract decades of fire suppression, vegetation treatment activities would be designed to reduce fire fuels, improve protection from wildfire through strategically located fuel breaks, and mimic a natural fire regime using prescribed burning. In addition, ecosystem restoration activities would be designed to approximate natural habitat conditions, processes, and values to those occurring prior to the period of fire suppression. The new Program EIR will be prepared for the proposed CalVTP. District Position: Watch Status: SB 632 is on the Assembly Floor. Local Government Financing Assembly Constitutional Amendment No. 1 (Aguiar-Curry; D-Winters) would lower the voter threshold to 55% (from 66.7%) to approve local government obligation bonds and special taxes for affordable housing and public infrastructure projects. Supported by the District in coalition with cities, counties and special district associations, if approved by the Legislature, ACA 1 would be placed on the ballot to change the constitution to provide for the 55% threshold. CalTAX and some business groups oppose ACA 1 on the basis of improving the success rate for local tax initiatives. District Position: Support Status: ACA 1 has moved to the Assembly Floor and a vote is expected soon. Senate Bill 5 (Beall; D-San Jose) would allow local governments to collaborate in state- approved community development plans, which would be funded by reducing their contributions to local Education Revenue Augmentation Funds (ERAF). The funds would be dedicated to housing for very low-, low- and moderate-income families as well as transit-oriented projects. Additionally, funds from the program will be available to finance infrastructure repairs, replacement and maintenance to mitigate the impacts of climate change, sea level rise, wildfire, seismic safety and flood protection. District Position: Support Status: An important measure to Senator Beall, SB 5 has moved to the Senate Appropriations Committee. Ballot Measures: Local Taxes Senate Bill 268 (Wiener; D-San Francisco) would simplify ballot label requirements for a local measure that imposes or increases a tax with more than one rate (variable rate) or authorizes the issuance of a bond to permit the description of the tax rate change to be incorporated in the voter guide rather than on the ballot. The bill is designed to reduce confusion for voters in analyzing ballot measures that contain tax changes. District Position: Support Status: SB 268 has moved to the Assembly Appropriations Committee. Santa Clara Valley Water District Contracting The District is supporting Assembly Bill 707 (Kalra; D-San Jose), which is a Santa Clara Valley Water District bill to increase the cost threshold above which a formal bidding process is required from $25,000 to $50,000. The bill will enable Valley Water to more efficiently contract for public works and will provide for more opportunities for small businesses and for women- and minority-owned businesses to compete for these public works projects. The District received this ability last year with the passage of AB 2137 (Mayes). AB 707 would reinforce the District’s own contracting threshold by demonstrating greater acceptance of the practice with another special district entity. District Position: Support Status: AB 707 has moved to the Senate Floor. San Mateo County Flood and Sea Level Rise Resiliency District Assembly Bill 825 (Mullin; D-South San Francisco) is supported by the District and would expand the scope of the San Mateo County Flood Control District to better address flood risks, sea level rise, and coastal erosion countywide. District Position: Support Status: AB 825 has moved to the Senate Floor. Attachments: 1.District Bill Tracking Matrix as of August 22, 2019 2.2019 State Legislative Calendar MROSD Legislative Tracking Matrix 8/22/2019 Measure Author Topic Category Status Brief Summary Position Priority AB 782 Berman D California Environmental Quality Act: exemption: public agencies: land transfers. Acquisition 8/15/2019-Senate amendments concurred in. To Engrossing and Enrolling. CEQA requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill ould exempt from CEQA the acquisition, sale, or other transfer of interest in land by a public agency for certain purposes, or the granting or acceptance of funding by a public agency for those purposes. Support 2 AB 65 Petrie-Norris D Coastal protection: climate adaption: project prioritization: natural infrastructure: local general plans. Climate 8/20/2019-Read second time. Ordered to Consent Calendar. Would require specified things of the State Coastal Conservancy when it allocates any funding appropriated pursuant to the The California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018, including that it prioritize projects that use natural infrastructure, as defined, to help adapt to climate change. The bill would require the conservancy to provide information to the Office of Planning and Research on any projects funded pursuant to the above provision to be considered for inclusion into the clearinghouse for climate adaption information. The bill would authorize the conservancy to provide technical assistance to coastal communities to better assist them with their projects that use natural infrastructure. Support 2 AB 293 Garcia, Eduardo D Greenhouse gases: offset protocols. Climate 7/12/2019-Approved by the Governor. Chaptered by Secretary of State - Chapter 85, Statutes of 2019. Current law, until January 1, 2031, establishes the Compliance Offsets Protocol Task Force to provide guidance to the state board in approving new offset protocols for a market-based compliance mechanism for the purposes of increasing offset projects with direct environmental benefits in the state while prioritizing disadvantaged communities, Native American or tribal lands, and rural and agricultural regions. This bill would require the task force to consider the development of additional offset protocols, including, but not limited to, protocols for the enhanced management or conservation of agricultural and natural lands, and for the enhancement and restoration of wetlands. Support 2 AB 825 Mullin D San Mateo County Flood and Sea Level Rise Resiliency District. Climate 8/21/2019-Read second time. Ordered to third reading. Would rename the San Mateo County Flood Control District the San Mateo County Flood and Sea Level Rise Resiliency District, and would add addressing and protecting against the impacts of sea level rise to the powers of the district. The bill would require, commencing January 1, 2020, the district to be governed by a board of directors, as provided, which would replace the Board of Supervisors of the County of San Mateo as the governing board of the district. Support 2 1 ATTACHMENT 1 MROSD Legislative Tracking Matrix 8/22/2019 AB 839 Mullin D Climate adaptation strategy: strategic resiliency framework: Resiliency through Adaptation, Economic Vitality, and Equity Account. Climate 8/12/2019-In committee: Referred to APPR. suspense file. Current law requires the Natural Resources Agency to update every 3 years the state’s climate adaptation strategy, known as the Safeguarding California Plan, to identify vulnerabilities to climate change by sectors and priority actions needed to reduce the risks in those sectors. This bill would require the Secretary of the Natural Resources Agency, on or before July 1, 2021, to review the plan and develop a strategic resiliency framework, as specified. The bill would require updates to the plan to include, among other things, a review of the progress made implementing past plans and an evaluation of each lead agency’s lead adaptation efforts, as well as a detailed description of the framework developed by the secretary. Support 2 SB 168 Wieckowski D Climate change: Chief Climate Resilience Officer. Climate 8/21/2019-August 21 set for first hearing. Placed on APPR. suspense file. Would establish the Chief Climate Resilience Officer, appointed by the Governor and subject to confirmation by the Senate, in the Office of Planning and Research to serve as the statewide lead for planning and coordination of climate adaptation policy and implementation in California, and would specify the duties of the chief officer. The bill would make the chief officer, or the chief officer’s designee, a member of the advisory council and would designate the chief officer, or the chief officer’s designee, as the chair of the advisory council. Support 2 SB 576 Umberg D Coastal resources: Climate Ready Program and coastal climate change adaptation, infrastructure, and readiness program. Climate 8/21/2019-August 21 set for first hearing. Placed on APPR. suspense file. Current law establishes the State Coastal Conservancy with prescribed powers and authorizes the conservancy to address the impacts and potential impacts of climate change on resources within its jurisdiction. Current law authorizes the conservancy to undertake, among other things, projects that reduce greenhouse gas emissions, address extreme weather events, sea level rise, storm surge, and other coastal hazards that threaten coastal communities, infrastructure, and natural resources. Current law authorizes the conservancy to award grants to public agencies and nonprofit organizations for these authorized activities.This bill would recast these provisions as the Climate Ready Program to be administered by the conservancy as described above. Support 2 SB 367 Hueso D State Coastal Conservancy: grants: educational projects and programs. Eduction 7/3/2019-July 3 set for first hearing. Placed on APPR. suspense file. Current law establishes the State Coastal Conservancy and prescribes the membership, functions, and duties of the conservancy with regard to the protection, preservation, and enhancement of specified coastal lands in the state. Current law authorizes the conservancy to fund and undertake plans and feasibility studies and to award grants to public agencies and nonprofit organizations for these purposes. This bill would additionally authorize the conservancy to provide technical assistance, and award grants for that purpose. Support 2 2 MROSD Legislative Tracking Matrix 8/22/2019 AB 7 Chu D Daylight saving time.Government 6/4/2019-In committee: Set, first hearing. Hearing canceled at the request of author. Current state law sets the standard time for California and sets daylight saving time to begin each March and end each November. Current law allows the state to set the standard time to year-round daylight saving time if federal law authorizes the state to do so. This bill would set California’s standard time to year-round daylight saving time after the federal government authorizes the state to do so, as specified. Support 2 AB 707 Kalra D Santa Clara Valley Water District: contracts. Government 8/19/2019-Read third time. Passed. Ordered to the Assembly. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 21 pursuant to Assembly Rule 77. Current law requires a contract and prescribes competitive bidding procedures for any improvement or unit of work not performed by the personnel of the Santa Clara Valley Water District if the district estimates the work to cost over $25,000. This bill would raise that competitive bidding threshold for work not performed by district personnel to work estimated to cost over $50,000. The bill would subject a contract for work not performed by district personnel and estimated to exceed the threshold to the approval of the board, in accordance with board policy that has been adopted in an open meeting. The bill, with certain exceptions, would prohibit the estimated cost of any improvement or unit of work done by district personnel from exceeding $50,000. Support 2 AB 1486 Ting D Surplus land.Government 8/12/2019-In committee: Referred to APPR. suspense file. Current law prescribes requirements for the disposal of surplus land by a local agency. Current law defines “local agency” for these purposes as every city, county, city and county, and district, including school districts of any kind or class, empowered to acquire and hold real property. This bill would expand the definition of “local agency” to include sewer, water, utility, and local and regional park districts, joint powers authorities, successor agencies to former redevelopment agencies, housing authorities, and other political subdivisions of this state and any instrumentality thereof that is empowered to acquire and hold real property, thereby requiring these entities to comply with these requirements for the disposal of surplus land. The bill would specify that the term “district” includes all districts within the state, and that this change is declaratory of existing law. Watch 1 3 MROSD Legislative Tracking Matrix 8/22/2019 ACA 1 Aguiar-Curry D Local government financing: affordable housing and public infrastructure: voter approval. Government 8/19/2019-Read third time. Refused adoption. Motion to reconsider made by Assembly Member Aguiar- Curry. The California Constitution prohibits the ad valorem tax rate on real property from exceeding 1% of the full cash value of the property, subject to certain exceptions. This measure would create an additional exception to the 1% limit that would authorize a city, county, city and county, or special district to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing, or the acquisition or lease of real property for those purposes, if the proposition proposing that tax is approved by 55% of the voters of the city, county, or city and county, as applicable, and the proposition includes specified accountability requirements. Support 1 SB 5 Beall D Affordable Housing and Community Development Investment Program. Government 8/21/2019-August 21 set for first hearing. Placed on APPR. suspense file. Would establish in state government the Affordable Housing and Community Development Investment Program, which would be administered by the Affordable Housing and Community Development Investment Committee. The bill would authorize a city, county, city and county, joint powers agency, enhanced infrastructure financing district, affordable housing authority, community revitalization and investment authority, transit village development district, or a combination of those entities, to apply to the Affordable Housing and Community Development Investment Committee to participate in the program and would authorize the committee to approve or deny plans for projects meeting specific criteria. Support 2 SB 268 Wiener D Ballot measures: local taxes.Government 8/21/2019-August 21 set for first hearing. Placed on APPR. suspense file. Current law requires that the ballots used when voting upon a measure proposed by a local governing body or submitted to the voters as an initiative or referendum measure, including a measure authorizing the issuance of bonds or the incurrence of debt, have printed on them a true and impartial statement describing the purpose of the measure. If the proposed measure imposes a tax or raises the rate of a tax, existing law requires the ballot to include in the statement of the measure the amount of money to be raised annually and the rate and duration of the tax to be levied. This bill would exempt from this requirement a measure that imposes or increases a tax with more than one rate or authorizes the issuance of bonds. The bill would instead permit for these types of measures the statement of the measure to include the words “See voter guide for tax rate information.” Support 1 4 MROSD Legislative Tracking Matrix 8/22/2019 SB 45 Allen D Wildfire, Drought, and Flood Protection Bond Act of 2020. Planning 5/1/2019-May 6 set for first hearing canceled at the request of author. Would enact the Wildfire, Drought, and Flood Protection Bond Act of 2020, which, if approved by the voters, would authorize the issuance of bonds in the amount of $4,300,000,000 pursuant to the State General Obligation Bond Law to finance projects to restore fire damaged areas, reduce wildfire risk, create healthy forest and watersheds, reduce climate impacts on urban areas and vulnerable populations, protect water supply and water quality, protect rivers, lakes, and streams, reduce flood risk, protect fish and wildlife from climate impacts, improve climate resilience of agricultural lands, and protect coastal lands and resources. Support/Co alition 1 AB 556 Carrillo D Outdoor experiences: community access program: grant program. Public Access 6/24/2019-In committee: Referred to APPR. suspense file. Would require the Natural Resources Agency to develop and implement a community access program focused on engagement programs, technical assistance, or facilities that maximize safe and equitable physical admittance, especially for low-income and disadvantaged communities, to natural or cultural resources, community education programs, or recreational amenities. The bill would authorize the agency to develop a grant program for innovative transportation projects that provide disadvantaged and low-income youth with access to outdoor experiences, as specified. Support/Co alition 2 AB 1111 Friedman D Outdoor recreation: Office of Outdoor Recreation: California Outdoor Recreation Account. Public Access 8/19/2019-In committee: Referred to APPR. suspense file. Would establish, until January 1, 2025, the Office of Outdoor Recreation in the Office of the Governor. The bill would require the office to undertake certain activities, including supporting the outdoor recreation economy and working toward equitable access to outdoor areas of the state by engaging in specified activities. The bill would also require the office to create an advisory committee to provide advice, expertise, support, and service to the office. Support/Co alition 2 5 MROSD Legislative Tracking Matrix 8/22/2019 SB 127 Wiener D Transportation funding: active transportation: complete streets. Public Access 8/21/2019-August 21 set for first hearing. Placed on APPR. suspense file. Current law establishes the Active Transportation Program in the Department of Transportation for the purpose of encouraging increased use of active modes of transportation, such as biking and walking, and declares the intent of the Legislature that the program achieve specific goals, including, among other things, increasing the proportion of trips accomplished by biking and walking and the safety and mobility for nonmotorized users. This bill would establish an Active Transportation Asset Branch within the Transportation Asset Management Office of the department and require the Transportation Asset Management Plan program manager to develop and meaningfully integrate performance measures into the asset management plan, as specified and to establish interim goals, objectives, and actions to meet the department’s transportation mode shift goals, as specified. Support 2 AB 450 Arambula D Bees: Apiary Protection Act.Stewardship 7/2/2019-Read second time. Ordered to third reading. Current law requires any apiary operator, or the apiary operator’s designated representative, to notify a county agricultural commissioner when relocating a bee colony within the county, but does not impose a 72-hour deadline for providing notice or include other provisions relating to this requirement that are consistent with the specified provisions regarding notice of a relocation to another county. This bill would recast provisions regarding notice of relocation within a county to be consistent with those regarding notice of relocation to another county, including, among other things, by imposing a 72-hour deadline for providing notice of relocation within a county or subsequent movement within the destination county, and by exempting information provided pursuant to that notification requirement from disclosure pursuant to the California Public Records Act. Support 2 AB 454 Kalra D Migratory birds: California Migratory Bird Protection Act. Stewardship 8/13/2019-Read second time. Ordered to third reading. Current federal law, the Migratory Bird Treaty Act, provides for the protection of migratory birds, as specified. This bill, the California Migratory Bird Protection Act, would, until January 20, 2025, make unlawful the taking or possession of any migratory nongame bird designated in the federal act before January 1, 2017, any additional migratory nongame bird that may be designated in the federal act after that date, or any part of those migratory nongame birds, except as provided by rules and regulations adopted by the United States Secretary of the Interior under the federal act before January 1, 2017, or subsequent rules or regulations adopted pursuant to the federal act, unless those rules or regulations are inconsistent with the Fish and Game Code. Support 2 6 MROSD Legislative Tracking Matrix 8/22/2019 AB 916 Muratsuchi D Pesticide use: glyphosate.Stewardship 7/12/2019-Failed Deadline pursuant to Rule 61(a)(11). (Last location was AGRI. on 6/26/2019)(May be acted upon Jan 2020) Would, until January 1, 2025, prohibit a city, county, charter city, city and county, or a special district, as defined, from using any pesticide that contains the active ingredient glyphosate. The bill would not preclude a county, city, charter city, city and county, or a special district from adopting or enforcing stricter pesticide use policies. Watch 1 AB 933 Petrie-Norris D Ecosystem resilience: watershed protection: watershed coordinators. Stewardship 8/12/2019-In committee: Referred to APPR. suspense file. Would authorize the Department of Conservation, to the extent funds are available, to establish and administer the Ecosystem Resilience Program to fund watershed coordinator positions, as provided, and other necessary costs, throughout the state for the purpose of achieving specified goals, including the goal to develop and implement watershed improvement plans, and other plans to enhance the natural functions of a watershed, aligned with multiple statewide and regional objectives across distinct bioregions. The bill would require the department to develop performance measures and accountability controls to track progress and outcomes of all watershed coordinator grants. Support 2 AB 948 Kalra D Coyote Valley Conservation Program. Stewardship 8/20/2019-Read second time. Ordered to third reading. Would authorize the Santa Clara Valley Open-Space Authority to establish and administer the Coyote Valley Conservation Program to address resource and recreational goals of the Coyote Valley, as defined. The bill would authorize the authority to collaborate with state, regional, and local partners to help achieve specified goals of the program. The bill would authorize the authority to, among other things, acquire and dispose of interests and options in real property. Support 2 AB 1011 Petrie-Norris D Coastal resources: coastal development permits: waiver of filing fees. Stewardship 8/13/2019-In Assembly. Ordered to Engrossing and Enrolling. Would authorize the Would authorize the California Coastal Commission to waive the filing fee for an application for a coastal development permit required under the California Coastal Act of 1976, as specified.Support 2 AB 1718 Levine D State parks: state coastal beaches: smoking ban. Stewardship 8/12/2019-In committee: Referred to APPR. suspense file. Would make it an infraction for a person to smoke, as defined, on a state coastal beach or in a unit of the state park system or to dispose of used cigar or cigarette waste on a state coastal beach or in a unit of the state park system, with certain exceptions, as specifically provided. The bill would establish a state- mandated local program by creating a new crime. Support 2 7 MROSD Legislative Tracking Matrix 8/22/2019 AB 1788 Bloom D Pesticides: use of anticoagulants. Stewardship 8/21/2019-In committee: Hearing postponed by committee. Current law prohibits the use of any pesticide that contains one or more of specified anticoagulants in wildlife habitat areas, as defined. Current law exempts from this prohibition the use of these pesticides for agricultural activities, as defined. Existing law requires the director, and each county agricultural commissioner under the direction and supervision of the director, to enforce the provisions regulating the use of pesticides. This bill would create the California Ecosystems Protection Act of 2019 and expand this prohibition against the use of a pesticide containing specified anticoagulants in wildlife habitat areas to the entire state. Support 1 SB 1 Atkins D California Environmental, Public Health, and Workers Defense Act of 2019. Stewardship 8/21/2019-August 21 set for first hearing. Placed on APPR. suspense file. Current state law regulates the discharge of air pollutants into the atmosphere. The Porter-Cologne Water Quality Control Act regulates the discharge of pollutants into the waters of the state. The California Safe Drinking Water Act establishes standards for drinking water and regulates drinking water systems. The California Endangered Species Act requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species, and generally prohibits the taking of those species. This bill would require specified agencies to take prescribed actions regarding certain federal requirements and standards pertaining to air, water, and protected species, as specified. Support 2 SB 474 Stern D The California Wildlife Protection Act of 1990: Habitat Conservation Fund. Stewardship 7/10/2019-Failed Deadline pursuant to Rule 61(a)(10). (Last location was W.,P. & W. on 6/6/2019)(May be acted upon Jan 2020) Would establish the Wildlife Protection Subaccount in the Habitat Conservation Fund and would require the Controller, if an appropriation is made for this purpose in any fiscal year, to transfer $30,000,000 from the General Fund to the subaccount, less any amount transferred from specified accounts and funds, to be expended by the board for the acquisition, enhancement, or restoration of wildlife habitat. Support/Co alition 2 8 MROSD Legislative Tracking Matrix 8/22/2019 AB 1516 Friedman D Fire prevention: wildfire risk: defensible space and fuels reduction management. Wildfire 8/19/2019-In committee: Referred to APPR. suspense file. Current law requires that a person who owns, leases, controls, operates, or maintains an occupied dwelling or structure in, upon, or adjoining a mountainous area, forest-covered land, brush-covered land, grass-covered land, or land that is covered with flammable material that is within a very high fire hazard severity zone, as designated by a local agency, or a building or structure in, upon, or adjoining those areas or lands within a state responsibility area, to maintain a defensible space of 100 feet from each side and from the front and rear of the structure, as specified. A repeated violation within a specified timeframe of those requirements is a crime. This bill would require a person described above to utilize more intense fuel reductions between 5 and 30 feet around the structure, and to create a noncombustible zone within 5 feet of the structure. Support 2 SB 226 Nielsen R Watershed restoration: wildfires: grant program. Wildfire 8/14/2019-August 14 set for first hearing. Placed on APPR. suspense file. Would, upon appropriation by the Legislature, require the National Resources Agency to develop and implement a watershed restoration grant program, as provided, for purposes of awarding grants to eligible counties, as defined, to assist them with watershed restoration on watersheds that have been affected by wildfire, as specified. The bill would require the agency to develop guidelines for the grant program, as provided. The bill would require an eligible county receiving funds pursuant to the grant program to submit annually to the agency a report regarding projects funded by the grant program, as provided. Support 2 SB 247 Dodd D Wildland fire prevention: vegetation management. Wildfire 8/21/2019-August 21 set for first hearing. Placed on APPR. suspense file. Current law requires each electrical corporation to annually prepare a wildfire mitigation plan and to submit its plan to the commission for review and approval, as specified. Current law requires that an electrical corporation’s wildfire mitigation plan include plans for vegetation management. Current law requires the commission, at the time it approves each plan, to authorize the utility to establish a memorandum account to track costs incurred to implement the plan. Current law requires the Public Utilities Commission to oversee compliance with the approved plans. This bill would, on or after January 1, 2021, require an electrical corporation to notify the Department of Forestry and Fire Protection after it completes all or a substantial portion of the vegetation management requirements in its wildfire mitigation plan. Watch 2 9 2019 TENTATIVE LEGISLATIVE CALENDAR COMPILED BY THE OFFICE OF THE SECRETARY OF THE SENATE AND THE OFFICE OF THE CHIEF CLERK October 31, 2018 (revised) JANUARY S M T W TH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 DEADLINES Jan. 1 Statutes take effect (Art. IV, Sec. 8(c)). Jan. 7 Legislature reconvenes (J.R. 51(a)(1)). Jan. 10 Budget must be submitted by Governor (Art. IV, Sec. 12(a)). Jan. 21 Martin Luther King, Jr. Day. Jan. 25 Last day to submit bill requests to the Office of Legislative Counsel FEBRUARY S M T W TH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Feb. 18 Presidents’ Day. Feb. 22 Last day for bills to be introduced (J.R. 61(a)(1)), (J.R. 54(a)). MARCH S M T W TH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Mar. 29 Cesar Chavez Day observed. APRIL S M T W TH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Apr. 11 Spring recess begins upon adjournment of this day’s session (J.R. 51(a)(2)). Apr. 22 Legislature reconvenes from Spring recess (J.R. 51(a)(2)). Apr. 26 Last day for policy committees to hear and report to fiscal committees fiscal bills introduced in their house (J.R. 61(a)(2)). MAY S M T W TH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 May 3 Last day for policy committees to hear and report to the Floor nonfiscal bills introduced in their house (J.R. 61(a)(3)). May 10 Last day for policy committees to meet prior to June 3 (J.R. 61(a)(4)). May 17 Last day for fiscal committees to hear and report to the Floor bills introduced in their house (J.R. 61(a)(5)). Last day for fiscal committees to meet prior to June 3 (J.R. 61(a)(6)). May 27 Memorial Day. May 28-31 Floor Session Only. No committees, other than conference or Rules committees, may meet for any purpose (J.R. 61(a)(7)). May 31 Last day for bills to be passed out of the house of origin (J.R. 61(a)(8)). *Holiday schedule subject to Rules committee approval. Page 1 of 2 ATTACHMENT 2 2019 TENTATIVE LEGISLATIVE CALENDAR COMPILED BY THE OFFICE OF THE SECRETARY OF THE SENATE AND THE OFFICE OF THE CHIEF CLERK October 31, 2018 (revised) JUNE S M T W TH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Jun. 3 Committee meetings may resume (J.R. 61(a)(9)). Jun. 15 Budget Bill must be passed by midnight (Art. IV, Sec. 12(c)(3)). JULY S M T W TH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Jul. 4 Independence Day. Jul. 10 Last day for policy committees to hear and report fiscal bills to fiscal committees (J.R. 61(a)(10)). Jul. 12 Last day for policy committees to meet and report bills (J.R. 61(a)(11)). Summer recess begins upon adjournment of this day’s session, provided Budget Bill has been passed (J.R. 51(a)(3)). AUGUST S M T W TH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Aug. 12 Legislature reconvenes from Summer recess (J.R. 51(a)(3)). Aug. 30 Last day for fiscal committees to meet and report bills to Floor (J.R. 61(a)(12)). SEPTEMBER S M T W TH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Sep. 2 Labor Day. Sep. 3-13 Floor Session Only. No committees, other than conference and Rules committees, may meet for any purpose (J.R. 61(a)(13)). Sep. 6 Last day to amend bills on the floor (J.R. 61(a)(14)). Sep. 13 Last day for each house to pass bills (J.R. 61(a)(15)). Interim Study Recess begins upon adjournment of this day’s session (J.R. 51(a)(4)). *Holiday schedule subject to Senate Rules committee approval. IMPORTANT DATES OCCURRING DURING INTERIM STUDY RECESS 2019 Oct. 13 Last day for Governor to sign or veto bills passed by the Legislature on or before Sep. 13 and in the Governor’s possession after Sep. 13 (Art. IV, Sec.10(b)(1)). 2020 Jan. 1 Statutes take effect (Art. IV, Sec. 8(c)). Jan. 6 Legislature reconvenes (J.R. 51 (a)(4)). Page 2 of 2