HomeMy Public PortalAbout20191218 - Agenda Packet - Board of Directors (BOD) - 19-32
SPECIAL MEETING
BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
Wednesday, December 18, 2019
10:30 AM
A G E N D A
10:30 SPECIAL 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
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.
1.
Caltrans Funding Opportunity to Support the Ravenswood Bay Trail Project – Related to a
Bay Conservation and Development Commission Permit Requirement for the Caltrans San
Mateo 101 Express Lanes Project to Fund Public Access Improvements (R-19-166)
Staff Contact: Gretchen Laustsen, Planner III, Planning Department
General Manager’s Recommendations:
1. Consider whether to accept funds from Caltrans for the Ravenswood Bay Trail Project related
to a Bay Conservation and Development Commission permit requirement for a monetary
contribution toward public access improvements.
2. If the Board of Directors is supportive of accepting Caltrans funds for the Ravenswood Bay
Trail Project, adopt a resolution authorizing the General Manager to negotiate and execute a
funding agreement with Caltrans.
ADJOURNMENT
Meeting 19-32
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 24 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 meeting of the MROSD Board of Directors was posted and available for
review on December 17, 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/Assistant to the General Manager
Rev. 1/3/18
R-19-166
Meeting 19-32
December 18, 2019
AGENDA ITEM 1
AGENDA ITEM
Caltrans Funding Opportunity to Support the Ravenswood Bay Trail Project – Related to a Bay
Conservation and Development Commission Permit Requirement for the Caltrans San Mateo
101 Express Lanes Project to Fund Public Access Improvements
GENERAL MANAGER’S RECOMMENDATIONS
1. Consider whether to accept funds from Caltrans for the Ravenswood Bay Trail Project
related to a Bay Conservation and Development Commission permit requirement for a
monetary contribution toward public access improvements.
2. If the Board of Directors is supportive of accepting Caltrans funds for the Ravenswood Bay
Trail Project, adopt a resolution authorizing the General Manager to negotiate and execute a
funding agreement with Caltrans.
SUMMARY
Caltrans is working to establish express or High-Occupancy Toll lanes in each direction along
Highway 101 in San Mateo County. Caltrans applied for and was granted a permit from the Bay
Conservation and Development Commission (BCDC) for the portions of work within BCDC’s
jurisdiction, the San Francisco Bay and the Bay’s shoreline band. BCDC included a permit
condition that requires Caltrans to contribute $1.5M toward public access improvements in the
vicinity of the project. Caltrans has contacted the Midpeninsula Regional Open Space District
(District) about the possibility of providing funds to support the Ravenswood Bay Trail Project
to satisfy the BCDC permit condition.
DISCUSSION
Caltrans is working to establish express lanes in each direction along Highway 101 in San Mateo
County. This multi-agency, multi-year project aims to reduce traffic congestion and encourage
carpooling and transit use on the U.S. 101 in San Mateo County. The project will create 22 miles
of express lanes on Highway 101 from I-380 in San Bruno to the San Mateo County/Santa Clara
County border. The Project will largely stay within existing Caltrans’ right-of-way.
Portions of this work occur in the jurisdiction of BCDC. BCDC, established by the McAteer-
Petris Act, is a California state planning and regulatory agency with regional authority over the
San Francisco Bay and the Bay’s shoreline band. Its mission is to protect and enhance the San
Francisco Bay and to encourage the Bay’s responsible and productive use for this and future
generations. BCDC is tasked with implementing a primary purpose of the McAteers-Petris Act,
to include public access consistent with proposed projects. Public access is required by BCDC as
R-19-166 Page 2
a condition of approval for most shoreline development projects. Caltrans and BCDC contacted
the District to inquire about the possibility of providing funding for the Ravenswood Bay Trail
Project to meet the requirement of the Caltrans Express Lanes Project to provide public access.
Caltrans applied for and was granted a permit from BCDC for the portions of work with the San
Francisco Bay and the Bay’s shoreline band. BCDC included a permit condition that requires
Caltrans to contribute $1.5M towards public access improvements in the vicinity of the project.
Caltrans’ project permit, issued on September 25, 2019, includes specific language that states
funds should be disbursed to San Mateo County Parks Department, for the Coyote Point Eastern
Promenade Rejuvenation Project, and the District, for the Bay Trail Connection at Ravenswood
Open Space Preserve Project or another project or projects acceptable to BCDC.
BCDC Permit Language for the Caltrans Managed Lanes Project
Monetary Contribution for Public Access Improvements. No later than December 31, 2023, or by
the opening of the U.S. 101 Managed Lanes, whichever occurs first, the permittee shall pay an
in-lieu mitigation fee of $1,500,000.00 toward public access improvements in the vicinity of the
project site. The funds shall be disbursed to either (1) San Mateo County Parks Department, for
the Coyote Point Eastern Promenade Rejuvenation Project; (2) Midpeninsula Regional Open
Space District, for the Bay Trail Connection at Ravenswood Open Space Preserve Project; or
(3) another project or projects acceptable to the Executive Director that develop or enhance
some portion of a shoreline public access trail in the vicinity of the project site. The funds may
be distributed entirely to one project, or some combination of funds may be distributed to any
combination of projects identified above, so long as funds totaling $1,500,000.00 are distributed
no later than December 31, 2023, or by the opening of the U.S. 101 Managed Lanes, whichever
occurs first. The permittee shall submit evidence to the Executive Director that the funds have
been disbursed and that Caltrans has entered into an agreement{s) that stipulates that the funds
will be spent only on the identified project(s).
This item was originally scheduled to be on the January 22, 2020 Board agenda, but District staff
communicated with Caltrans on December 11, 2019 explaining construction is already
underway. Caltrans staff recommended bringing this item forward for Board consideration as
soon as possible to begin the funding agreement process. Caltrans staff understands the
District’s project constraints and is willing to be flexible and expedite their review process.
On June 11, 2019, staff presented to the Legislative, Funding, and Public Affairs Committee
(LFPAC) on potential mitigation funding from BCDC for the Ravenswood Bay Trail Project. At
that time, BCDC had not yet issued Caltrans a permit for the 101 Express Lanes Project, and
therefore the purpose and requirements of the funding was unclear. The Committee members
recommended establishing a board policy on mitigation funding before making a commitment. A
new board policy on mitigation funding is scheduled for Fiscal Year 2021. LFPAC also
requested that more information from BCDC on the specifics for potential mitigation funding
agreements be gathered. Since BCDC has issued the Caltrans permit, the purpose of this funding
is clarified, as a required monetary contribution to provide public access within the vicinity of
Caltrans’ project.
This Caltrans funding is not related to mitigation for impacts to the natural resources, but instead
public access requirements of BCDC due to their responsibility to maximize public access within
their jurisdiction. However, the Caltrans 101 Express Lanes Project will result in less than one
acre of permanent and temporary impacts to wetlands. Caltrans will address the permanent
R-19-166 Page 3
impacts through the purchase of tidal wetland mitigation credits from the San Francisco Bay
Wetland Mitigation Bank. Caltrans will mitigate the temporary impacts by replacing the
impacted roadside ditches with an equivalent length of newly constructed vegetated ditches
within the project limits.
FISCAL IMPACT
If an agreement with Caltrans is reached, it would represent a positive fiscal impact to the
Ravenswood Bay Trail Design and Implementation project (MAA02-002). The table below
shows the project budget, including previously awarded grant funds, total spent to date and
encumbrances. Funding received from Caltrans would be applied to the projected funding gap.
Ravenswood Bay Trail Design and
Implementation
MAA02-002
Prior Year
Actuals
FY2019-20
Adopted
FY2020-21
Projected
Estimated
Future
Years
TOTAL
District Funded (Fund 30): $212,301 $551,849 $828,207 $0 $1,592,357
Grant Amount:** $660,608 $1,424,911 $669,809 $0 $2,755,328
Total Budget: $872,909 $1,976,760 $1,498,016 $0 $4,347,685
Spent-to-Date (as of 12/12/19): ($872,909) ($924,236) $0 $0 ($1,797,145)
Encumbrances: $0 ($3,688,045) $0 $0 ($3,688,045)
Budget Remaining (Proposed): $0 ($2,635,521)* $1,498,016 $0 ($1,137,505)
*This project is progressing faster than contemplated in the Spring of 2019 when the budget was
prepared and allocated over Fiscal Years 2020 and 2021. The budget overage in FY20 and the
budget surplus in FY21 will be adjusted at the Q2 Budget Review in February 2020.
**Additional funding from Caltrans is not included in the Grant Amount in the table above.
The following table outlines the Measure AA Portfolio 02 (Regional: Bayfront Habitat
Protection and Public Access Partnerships) allocation, previously-awarded grants, costs-to-date,
and encumbrances.
MAA02 Portfolio Allocation: $5,052,000
MAA02-001 Cooley Landing Interpretive Facilities Design and Implementation
Life-to-Date Spent (as of 12/12/2019): ($1,208,262)
Encumbrances: ($30,000)
MAA02-002 Ravenswood Bay Trail Design and Implementation
Grants and Donations Awarded: $2,755,328
Life-to-Date Spent (as of 12/12/2019): ($1,797,145)
Encumbrances: ($3,688,045)
Portfolio Balance Remaining (Proposed): $1,083,876
BOARD COMMITTEE REVIEW
On June 11, 2019, staff presented to LFPAC on potential mitigation funding from BCDC for the
Ravenswood Bay Trail Project. BCDC had not yet issued Caltrans a permit for the 101 Express
Lanes Project, and therefore the purpose and requirements of the funding was unclear. The
Committee members recommended establishing a board policy on mitigation funding before
making a commitment. Since this Committee meeting, Caltrans has clarified that this funding is
R-19-166 Page 4
not mitigation funding, but rather a permit condition to provide a monetary contribution in
support of a public access project.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
The Ravenswood Bay Trail Project was evaluated in a Mitigated Negative Declaration and Initial
Study (IS/MND), adopted by the Board on November 16, 2016 (R-16-146). An addendum to the
IS/MND, prepared to analyze (1) repaving the additional linear feet of existing Bay Trail and
pedestrian access path, and (2) modifying the bridge abutment installation method was approved
on November 13, 2019.
NEXT STEPS
If the Board supports the potential for Caltrans funding, the General Manager will continue to
negotiate and execute an acceptable funding agreement with Caltrans. Funding is contingent
upon BCDC review and approval. If the final funding agreement contains nonnegotiable and
burdensome conditions or requirements for the District, the General Manager will not enter into
an agreement with Caltrans and notify the Board of Directors.
Attachment
1. Resolution Authorizing the General Manager to Execute a Funding Agreement with
Caltrans for the Ravenswood Bay Trail and Authorizing the General Manager and
General Counsel to Execute any and all Other Documents Necessary or Appropriate
to Effectuate the Agreement
Responsible Department Head:
Jane Mark, AICP, Planning Manager
Prepared by:
Gretchen Laustsen, Planner III, Planning Department
Resolutions/2019/R-19-__CaltransFundingAgmt-BayTrail 1
RESOLUTION NO. 19-___
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING
THE GENERAL MANAGER TO EXECUTE A FUNDING AGREEMENT
WITH CALTRANS FOR THE RAVENSWOOD BAY TRAIL AND
AUTHORIZING THE GENERAL MANAGER AND GENERAL COUNSEL
TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR
APPROPRIATE TO EFFECTUATE THE AGREEMENT
WHEREAS, Caltrans is working to establish High-Occupancy Toll (HOT) lanes in each
direction along Highway 101 in San Mateo County; and
WHEREAS, Caltrans applied for and was granted a permit from the Bay Conservation
and Development Commission (BCDC) for the portions of work within BCDC’s jurisdiction, the
San Francisco Bay and the Bay’s shoreline band; and
WHEREAS, BCDC included a permit condition that requires Caltrans to contribute
$1.5M towards public access improvements in the vicinity of the project; and
WHEREAS, the Midpeninsula Regional Open Space District (District) is making certain
public access improvements to the Ravenswood Bay Trail, which is in the vicinity of the
Caltrans HOT project; and
WHEREAS, Caltrans agrees to contribute funding towards for the Bay Trail Connection
Project at Ravenswood Open Space Preserve; and
WHEREAS, the District and Caltrans will memorialize the terms and conditions of their
understanding in a Funding Agreement (“Agreement”).
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of Midpeninsula
Regional Open Space District hereby:
1. Authorizes the General Manager or designee to negotiate and execute a Funding
Agreement with Caltrans for the purpose described herein, and to execute any related
documents on behalf of the District which are necessary or appropriate to effectuate
the Agreement.
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 roll call vote:
* * * * * * * * * * * * * * * * * * * *
AYES:
NOES:
ABSTAIN:
ATTACHMENT 1
Resolutions/2019/R-19-__CaltransFundingAgmt-BayTrail 2
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