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Home My Public Portal About20180411 - Agenda Packet - Board of Directors (BOD) - 18-14 Rev. 1/3/18 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 Wednesday, April 11, 2018 Special Meeting starts at 5:30 PM* Regular Meeting starts at 7:00 PM* A G E N D A 5:30 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION ROLL CALL 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Property: Santa Clara County APN(s): 562-23-007 Agency Negotiator: Allen Ishibashi, Sr. Real Property Agent Negotiating Party: Ismael Benhamida, Broker, Marcus & Millichap Under Negotiation: Purchase Terms 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code Section 54957(b)(1) Title of Employee: Acting General Counsel 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 Meeting 18-14 Rev. 1/3/18 SPECIAL ORDERS OF THE DAY • Introduction of staff O Carmen Narayanan, Budget & Analysis Manager O Matt Anderson, Visitor Services Manager CONSENT CALENDAR All items on the Consent Calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. 1. Approve March 28, 2018 Minutes 2. Claims Report 3. Award of Contract for Engineering and Design of Two New Trail Loops at La Honda Creek Open Space Preserve (R-18-37) Staff Contact: Lisa Bankosh, Planner III Acting General Manager’s Recommendation: 1. Authorize the Acting General Manager to enter into a contract with Fall Creek Engineering for a base contract amount of $147,590. 2. Authorize a 15% contingency of $22,138, to be expended only if necessary to cover unforeseen conditions, for a total not-to-exceed contract amount of $169,728. 4. Legislative Action Recommendations (R-18-34) Staff Contact: Joshua Hugg, Governmental Affairs Specialist Acting General Manager’s Recommendation: Approve the recommended list of legislative actions for the 2018 state legislative session. 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. 5. Report from the Bond Oversight Committee to the Board of Directors for the review period from July 1, 2016 to June 30, 2017 (R-18-36) Contact: Paul Betlem, Measure AA Bond Oversight Committee Chair Measure AA Bond Oversight Committee’s Recommendation: Accept the Measure AA Bond Oversight Committee report for FY2016-17 6. Proposed purchase of the 23760 Alamitos Road, LLC Property as an addition to Sierra Azul Open Space Preserve located at 23760 Alamitos Road, San Jose in unincorporated Santa Clara County, Assessor’s Parcel Numbers 562-23-007 (R-18-35) Staff Contact: Allen Ishibashi, Senior Real Property Agent and Elish Ryan, Real Property Planner III General Manager’s Recommendation: 1. Determine that the recommended actions are categorically exempt under the California Environmental Quality Act, as set out in the staff report. Rev. 1/3/18 2. Adopt a Resolution authorizing the purchase of the 23760 Alamitos Road, LLC property at a cost of $2,800,000 with corresponding authorization for a Fiscal Year 2017-18 budget increase of the same amount. 3. Adopt a Preliminary Use and Management Plan for the property, as set out in the staff report. 4. Withhold dedication of the 23760 Alamitos Road, LLC property as public open space. 5. Authorize the Acting General Manager to enter into a grant agreement with the Gordon and Betty Moore Foundation to receive $750,000 for property acquisition costs. INFORMATIONAL MEMORANDUM • Visitor Use Level Measurement Project • State budget request to support District purchase of San Jose Water Company land 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 *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 April 6, 2018, 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 March 28, 2018 Board Meeting 18-13 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 Wednesday, March 28, 2018 DRAFT MINUTES REGULAR MEETING President Cyr called the regular meeting of the Midpeninsula Regional Open Space District to order at 7:01 p.m. ROLL CALL Members Present: Jed Cyr, Cecily Harris, Larry Hassett, Pete Siemens, and Curt Riffle Members Absent: Nonette Hanko and Yoriko Kishimoto Staff Present: Acting General Manager Ana Ruiz, Acting General Counsel Hilary Stevenson, Chief Financial Officer/Director of Administrative Services Stefan Jaskulak, Acting Assistant General Manager Brian Malone, Acting Assistant General Manager Christine Butterfield, District Clerk/Assistant to the General Manager Jennifer Woodworth, Natural Resources Manager Kirk Lenington, Climate Resiliency Fellow Haley Edmonson, Grants Specialist Melanie Askay, Land & Facilities Manager Elaina Cuzick, Real Property Specialist Susan Weidemann ORAL COMMUNICATIONS Melany Moore spoke in favor of continuing operations at Bear Creek stables and ADOPTION OF AGENDA Motion: Director Riffle moved, and Director Harris seconded the motion to adopt the agenda. VOTE: 5-0-0 (Directors Hanko and Kishimoto absent) CONSENT CALENDAR Meeting 18-13 Page 2 Director Hanko arrived at 7:04 p.m. Public comment opened at 7:08 p.m. No speakers present. Public comment closed at 7:08 p.m. Motion: Director Harris moved, and Director Riffle seconded the motion to approve the Consent Calendar, with the exception of item 6. VOTE: 6-0-0 (Director Kishimoto absent) 1. Approve March 14, 2018 and March 15, 2018 Minutes 2. Claims Report 3. Tunitas Creek Ranch Grazing Lease at Tunitas Creek Open Space Preserve (R-18- 27) Acting General Manager’s Recommendation: Adopt a resolution authorizing the Acting General Manager to enter into a five-year grazing lease with a five-year extension with current tenant, Doug Edwards, at Tunitas Creek Ranch in Tunitas Creek Open Space Preserve. 4. Big Dipper Ranch Grazing Lease at Skyline Ridge Open Space Preserve (R-18-26) Acting General Manager’s Recommendation: Adopt a resolution authorizing the Acting General Manager to enter into a five-year grazing lease with an optional five-year extension with current tenant, Vince Fontana, at Big Dipper Ranch in Skyline Ridge Open Space Preserve. 5. Change in Purchasing Card Service Provider (R-18-30) Acting General Manager’s Recommendation: Adopt a Resolution authorizing the Acting General Manager or his/her designee to change the current purchasing card service provider and issue new credit cards accordingly. 6. Urban Greening Grant Submittal for the Ravenswood Bay Trail Connection Project (R-18-29) Acting General Manager’s Recommendation: Adopt a resolution approving an application to the Urban Greening Grant Program for the Ravenswood Bay Trail Connection Project. Motion: Director Harris moved, and Director Hassett seconded the motion to adopt a resolution approving an application to the Urban Greening Grant Program for the Ravenswood Bay Trail Connection Project. ROLL CALL VOTE: 6-0-0 (Director Kishimoto absent) Meeting 18-13 Page 3 7. Appointments to the Real Property Committee and Administrative Office Development Ad Hoc Committee (R-18-33) Board President’s Recommendation: Approve the Board President’s amended appointments to the Real Property Committee and Administrative Office Development Ad Hoc Committee. BOARD BUSINESS 8. Climate Change Program Informational Report (R-18-28) Climate Resiliency Fellow Hayley Edmonston presented the staff report providing an overview of climate change, climate change impacts already observed in the Golden Gate National Parks, California greenhouse gas (GHG) emissions, and California GHG reduction goals. The District’s climate change program is focused on three areas: climate action plan, resilience and adaptation, and carbon sequestration. Ms. Edmonson described climate action plan examples from other government agencies and the timeline and phases for the District’s Climate Action Plan. Director Harris inquired how the Climate Action Plan would take into account the District’s new office buildings. Ms. Edmonson reported her desire for the Climate Action Team to have a representative from the administrative office facilities project serve on both project teams. Director Siemens commented on various options the District may have to lower greenhouse gas emissions, including additional electric vehicles, increased staff telecommuting, solar panels on District buildings. Ms. Edmonson presented the District’s GHG inventory results and described the methodology used to determine the results. Finally, Ms. Edmonson described the District’s GHG emissions forecast. Directors Riffle and Siemens suggested comparing the District’s annual carbon sequestration to the GHG emissions for the area and not only District emissions. Director Riffle suggested isolating the livestock GHG emission results to demonstrate GHG emissions from the remaining District activities. Director Riffle suggested including the potential reduction of GHG from facilities based on whether solar panels were installed on the District’s office buildings. Public comments opened at 8:28 p.m. No speakers present. Public comments closed at 8:28 p.m. No Board action required. Meeting 18-13 Page 4 INFORMATIONAL MEMORANDUM  Bear Creek Stables Site Improvements – Project Update INFORMATIONAL REPORTS A. Committee Reports Director Harris reported the Planning and Natural Resources Committee met on March 20, 2018 to receive an update on the Red Barn public access area project. Director Harris reported the Legislative, Funding, and Public Affairs Committee met on March 27, 2018 to receive a legislative update and discuss the proposed funding agreement regarding the Deer Hollow Farm White Barn renovation project. B. Staff Reports Chief Financial Officer Stefan Jaskulak reported the District has recently received the Certificate of Achievement for Excellence in Financial Reporting award for the Comprehensive Annual Financial Report. Acting General Manager Ana Ruiz reported she and Acting Assistant General Manager Brian Malone recently met with Erika Guerra and Dan Fritz from Lehigh Quarry to discuss site improvements, including water treatment and noise reduction. Ms. Ruiz reported on a recent meeting with Sara Barth from the Sempervirens Fund to discuss upcoming projects and potential partnership areas. Ms. Ruiz was recently interviewed by the Future Ecologies podcast to discuss the Mount Umunhum conservation easement. C. Director Reports The Board members submitted their compensatory reports. Directors Harris, Hassett, and Riffle reported their attendance at the Bay Nature awards dinner. President Cyr complemented staff for their work highlighted by the Open Roads with Doug McConnell television program. ADJOURNMENT President Cyr adjourned the regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District into closed session at 8:39 p.m. SPECIAL MEETING – CLOSED SESSION President Cyr called the special meeting of the Midpeninsula Regional Open Space District to order at 8:45 p.m. Public comments opened at 8:45 p.m. Meeting 18-13 Page 5 No speakers present. Public comments closed at 8:45 p.m. 1. CLOSED SESSION PUBLIC EMPLOYEE APPOINTMENT (GOVERNMENT CODE SECTION 54957) Title: General Manager Recruitment General Counsel Recruitment ADJOURNMENT President Cyr adjourned the special meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 9:12 p.m. ________________________________ Jennifer Woodworth, MMC District Clerk CLAIMS REPORT MEETING 18-14 DATE 04-11-18 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Payment Type Notes Vendor No. and Name Invoice Description Check Date Payment Amount 77635 Check 11523 - PGA DESIGN, INC.Alma College Cultural Landscape Rehab February 2018 03/28/2018 88,057.46 77619 Check *10845 - CITY OF MOUNTAIN VIEW-FINANCE Dispatch Services - Jan-Mar 2018 03/28/2018 49,450.00 77628 Check 10258 - HUNT LIVING TRUST Semi-annual interest pmt - April 1 2018 03/28/2018 37,500.00 77622 Check 10546 - ECOLOGICAL CONCERNS INC Invasive Species Management + Riparian Invasive Removal (BCR)03/28/2018 32,864.00 77661 Check *11152 - WELLINGTON PARK INVESTORS April Rent - A02, A03 & A04 03/28/2018 30,366.00 77683 Check 11533 - NBCUNIVERSAL MEDIA, LLC NBC Bay Area 2018 Open Road Founding Sponsorship 04/04/2018 25,000.00 77684 Check 10921 - NINYO & MOORE Rebar Scanning & Coring Services thru 2/23/18 for Alma College 04/04/2018 21,111.25 77693 Check 11854 - RECON ENVIRONMENTAL, INC.Plant Maintenance & Revegetation Sites 04/04/2018 17,521.34 77621 Check *10214 - DELTA DENTAL April 2018 Dental Premium 03/28/2018 15,245.22 77685 Check 11928 - OLD REPUBLIC TITLE COMPANY Escrow # 0622020376-GH, APN#537-06-014 "Magnolia Ave"04/04/2018 14,000.00 77667 Check 11766 - BLANKINSHIP & ASSOCIATES, INC.Pesticide Toxicological Services 1/28/18 - 3/3/18 04/04/2018 11,580.00 77610 Check 11470 - AECOM TECHNICAL SERVICES, INC.Design Services - Cooley Landing 03/28/2018 10,840.00 77652 Check 10112 - TIMOTHY C. BEST Road Erosion Inventory of the Giusti Property 03/28/2018 10,130.00 77613 Check 11766 - BLANKINSHIP & ASSOCIATES, INC.CEQA Review of Pesticides Uses & Species Data 03/28/2018 9,637.50 77626 Check 11593 - H.T. HARVEY & ASSOCIATES Professional Services - Alma College Bat Surveys - January 2018 03/28/2018 8,275.75 77632 Check *10419 - LINCOLN NATIONAL LIFE INSURANCE COMPANY Employee Benefit - AD&D/Life/LTD 03/28/2018 6,962.10 77611 Check 11148 - BALANCE HYDROLOGICS, INC.On Call Balance Hydrologic - Monitoring at Bear Creek 03/28/2018 6,500.86 77658 Check 11810 - VINEYARD CREEK LP Housing For Rangers at Academy 03/28/2018 5,611.88 77689 Check 11922 - PATRICK TIERNEY 2 Preserve Use Survey Focus Group Research Sessions & Report 04/04/2018 5,000.00 77623 Check 11153 - FLOORING DISTRIBUTORS CA Vinyl & Laminate Install - District Rental (Pheasant Rd)03/28/2018 4,998.00 77663 Check 10815 - AMERICAN RED CROSS CPR/AED for Professional Rescuers Training + EMR Instructor 04/04/2018 4,257.00 77679 Check 10222 - HERC RENTALS, INC.Bobcat Compact Track Loader for Bat Shed Construction + Rental Mini-Excavator 2/12/18 - 3/14/18 (BCR)04/04/2018 3,722.99 77691 Check 11923 - Provost & Pritchard Project Orientation onSite Investigation for McDonald Ranch H20 04/04/2018 3,482.30 77695 Check 11006 - SAN MATEO COUNTY MOSQUITO & VECTOR CONTROL DIST Mosquito & Vector Fee 04/04/2018 3,336.18 77688 Check 10079 - PAGE & TURNBULL Deer Hollow Farm White Barn Historic Structure Report Feb 2018 04/04/2018 3,137.50 77614 Check 11836 - BONKOWSKI AND ASSOCIATES, INC Hydrogeologic Reconnaissance - Meyer Property Well 03/28/2018 3,051.50 77637 Check 10194 - REED & GRAHAM INC Restoration Materials (RSACP)03/28/2018 3,015.30 77674 Check 11748 - ENVIRONMENTAL AND ENERGY CONSULTING Consulting & Lobbying - March 2018 04/04/2018 2,916.67 77654 Check 10583 - TPX COMMUNICATIONS AO Telephone and SAO Internet Monthly Services 03/28/2018 2,751.64 77701 Check *10213 - VISION SERVICE PLAN-CA Vision Monthly Premium for March & April 2018 04/04/2018 2,694.60 77631 Check 11887 - KOOPMANN RANGELAND CONSULTING Professional Services - Toto Ranch Grazing Management Plan 03/28/2018 2,437.50 77643 Check 11224 - SANTA CLARA COUNTY - COMMUNICATIONS DEPT Maintenance & Repair of Radio System 03/28/2018 2,369.25 77659 Check 11914 - W-TRANS Traffic Control Plans for Bear Creek Road Tree Removal 03/28/2018 2,362.50 77627 Check 10222 - HERC RENTALS, INC.Bobcat CTL Rental (BCR)03/28/2018 2,081.90 77647 Check *11730 - STANDARD INSURANCE COMPANY RV Employee Benefit - Basic & Supplemental Life 03/28/2018 2,051.91 77673 Check 11803 - ELLISON SCHNEIDER HARRIS & DONLAN LLP Professional Services - Water Law Counsel February 2018 04/04/2018 1,973.50 77678 Check 10187 - GARDENLAND POWER EQUIPMENT Stihl Tools & Equipment Parts - Hedge Trimmer, Electric Trimmer, Batteries, Fuel, Oil Filters, Spark Testor & Chain Loop 04/04/2018 1,924.53 77636 Check *10212 - PINNACLE TOWERS LLC Tower rental - Crown Site ID 871823 03/28/2018 1,852.43 77664 Check *10294 - AMERIGAS-SAN JOSE Propane Tank Refill - SFO 04/04/2018 1,810.71 77657 Check 10309 - VERIZON WIRELESS Mobile Device Internet Services 03/28/2018 1,679.31 77696 Check 11075 - SANTA CLARA COUNTY - DEPT OF ENVIRONMENTAL HEALTH Environmental Health Permit - FFO 04/04/2018 1,674.00 77672 Check 11821 - DUNKINWORKS Leadership Academy - Performance Management Session 04/04/2018 1,599.19 77675 Check 10567 - EXAMINETICS INC Hearing Conservation Tests 04/04/2018 1,475.00 77692 Check 10932 - RDO EQUIPMENT COMPANY Cutting Knives for Deck Mowers 04/04/2018 1,461.61 77645 Check 10952 - SONIC.NET, INC.AO and SAO Internet Monthly Service 03/28/2018 1,459.49 77650 Check 10046 - TERRACON CONSULTANTS, INC.Testing of Above Ground Storage Tanks (BCR)03/28/2018 1,182.00 77608 Check 10812 - A TOOLSHED EQUIPMENT RENTAL, I Equipment Rental (BCR)03/28/2018 1,172.00 77669 Check 10352 - CMK AUTOMOTIVE INC Repair Service (P84)04/04/2018 1,134.28 77644 Check 11008 - SANTA CLARA COUNTY VECTOR CONTROL DISTRICT Vector Control - 7/1/17 To 6/30/18 03/28/2018 1,121.12 77687 Check 10233 - PACIFIC WATER SYSTEMS UV Water Filters (SAO & FOOSP)04/04/2018 1,079.73 77698 Check 11596 - TOSHIBA BUSINESS SOLUTIONS Plotter Printing charges 1/16-2/15/18 04/04/2018 1,061.27 77618 Check 10464 - CITY OF FOSTER CITY CalOpps Recruiting Website Fee 12/21/17 to 6/30/18 03/28/2018 1,052.05 77653 Check 10146 - TIRES ON THE GO New Tires for Vehicle (P81)03/28/2018 1,049.80 77629 Check 10394 - INTERSTATE TRAFFIC CONTROL PRO Barricades Restock (FFO)03/28/2018 962.44 77680 Check 10642 - HMS INC Purisima Creek Redwoods Bridge 1 04/04/2018 940.00 77699 Check *10403 - UNITED SITE SERVICES INC Sanitation Services (FOOSP/SA)04/04/2018 867.36 77616 Check 11414 - CALIFORNIA MUNICIPAL STATISTICS Tax Assessment Statistics for CAFR 03/28/2018 800.00 77651 Check 10435 - THE FERGUSON GROUP LLC Legal Services - Real Property 03/28/2018 792.00 77682 Check 11099 - LAW ENFORCEMENT PSYCHOLOGICAL SERVICES INC Medical Services-HR 04/04/2018 750.00 77609 Check 10001 - AARON'S SEPTIC TANK SERVICE Septic Pump Services - LHC 03/28/2018 650.00 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 2 CLAIMS REPORT MEETING 18-14 DATE 04-11-18 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Payment Type Notes Vendor No. and Name Invoice Description Check Date 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 77660 Check 11388 - WAGNER & BONSIGNORE Professional Fees for Water Rights February 2018 03/28/2018 612.50 77646 Check 11627 - SOUTH BAY ACCESS SOLUTIONS Preventative Maintenance on Electric Gates 03/28/2018 600.00 77655 Check 11529 - TRAFX RESEARCH LTD TrafX Dock - Visitor Use Counter + Field Case, Cables, Manual 03/28/2018 585.00 77640 Check 11882 - RYAN'S SPORT SHOP Employee Uniform - Ranger Boots 03/28/2018 490.45 77656 Check 10403 - UNITED SITE SERVICES INC Temporary Power to the Mt. Umunhum Trailer 3/14/18 - 4/10/18 03/28/2018 489.41 77639 Check 11479 - ROOTID Website Maintenance 03/28/2018 472.50 77662 Check 10259 - LENINGTON, KIRK Mileage Reimbursement 7/11/17 - 12/31/17 03/28/2018 445.26 77700 Check 11037 - US HEALTHWORKS MEDICAL GROUP PC Medical Services-HR 04/04/2018 413.00 77665 Check 10275 - BECKMAN, CRAIG Supplies - Paper towels, Toilet Paper, Sunscreen (SFO)04/04/2018 405.25 77690 Check 11662 - PITNEY BOWES INC Postage Meter Supplies - Red Ink Cartridges (AO)04/04/2018 389.10 77666 Check 10011 - BILL'S TOWING SERVICE Towing Charge - P105 04/04/2018 375.00 77668 Check 11379 - CALTRANS Hwy 17 Wildlife Crossing Cooperative Agreement 04/04/2018 362.00 77671 Check 10032 - DEL REY BUILDING MAINTENANCE Carpet Cleaning - AO 04/04/2018 350.00 77677 Check 10169 - FOSTER BROTHERS SECURITY SYSTEMS Locks (SA-MT UM)04/04/2018 336.92 77641 Check 11429 - SAN MATEO COUNTY PARKS DEPARTMENT Sign Board Maps 03/28/2018 334.34 77697 Check 10307 - THE SIGN SHOP Mt Um Construction Signs 04/04/2018 293.13 77633 Check 11144 - PENINSULA MOTOR SPORTS ATV 3 Routine Maintenance Service 03/28/2018 264.40 77670 Check 10184 - CONTINUING EDUCATION OF THE BAR CA Real Property Sales Transactions Updates 04/04/2018 237.33 77694 Check 10182 - ROYAL BRASS INC Equipment Parts 04/04/2018 210.12 77617 Check 10014 - CCOI GATE & FENCE Gate Service / Repair (SA-MT UM)03/28/2018 200.00 77612 Check 11873 - BEST BEST & KRIEGER LLP Professional Legal Service February 2018 03/28/2018 186.00 77704 Check 11176 - ZORO TOOLS Disposable Respirators 04/04/2018 171.17 77648 Check 10302 - STEVENS CREEK QUARRY INC Rock Stock (GP)03/28/2018 169.56 47 EFT 10475 - BELL, GLORIA ROSE Kitchen supplies - Coffee, Filters, Dish Soap 04/04/2018 163.38 77703 Check 11165 - WOODHAMS ELECTRICAL Service Call to Check Electricity - PCR 04/04/2018 150.00 44 EFT 11829 - EDMONSTON, HAYLEY CCLT Conference Mileage Reimbursement 03/28/2018 141.70 77625 Check 10187 - GARDENLAND POWER EQUIPMENT Carbide Chain Sharpening + Equipment Repair 03/28/2018 121.78 77630 Check 11141 - JARVIS FAY DOPORTO & GIBSON LLP Legal Services Regarding Public Contract & Construction Issues 03/28/2018 114.00 43 EFT 11749 - ASKAY , MELANIE Travel to Wildlife Conservation Board Meeting Reimburse & Parking 03/28/2018 104.65 77705 Check 0000A - 3CMA Job Posting-Public Affairs Specialist II 04/04/2018 99.00 46 EFT 11568 - BARSHOW, TYLER Reimbursement - Emergency Medical Technician Recertification 04/04/2018 87.00 77638 Check 10228 - RHF INC Radar Recertification 03/28/2018 83.00 77649 Check 10162 - TERMINIX PROCESSING CENTER AO PEST CONTROL 03/28/2018 83.00 77686 Check 10481 - PACIFIC TELEMANAGEMENT SERVICE Campsite Pay Phone (MB)04/04/2018 78.00 77702 Check 10527 - WASTE MANAGEMENT Debris Disposal (SA)04/04/2018 69.52 77620 Check 10348 - COSTCO MEMBERSHIP District Membership Fee 03/28/2018 60.00 77615 Check 10273 - BRUCE BARTON PUMP SERVICE INC Pressure Pump Repair 03/28/2018 51.95 77607 Check 11880 - A T & T (CALNET3)Mt. Umunhum Call Box Phone Line 03/28/2018 37.90 77642 Check 11289 - SANTA CLARA CO. PUBLIC HEALTH LAB Water Test 03/28/2018 20.00 77634 Check *10180 - PG & E Electric Service (SA-MT UM)03/28/2018 17.52 77681 Check 10119 - KWIK KEY LOCK & SAFE CO INC Keys for New Locks 04/04/2018 16.02 77624 Check 10169 - FOSTER BROTHERS SECURITY SYSTEMS Key Tag Rack 03/28/2018 9.27 77676 Check 11151 - FASTENAL COMPANY Plumbing Parts (RSACP)04/04/2018 5.02 Grand Total 495,749.07$ *Annual Claims **Hawthorn Expenses CCIWS = Central California Invasive Weed Symposium MISAC = Municipal Information Systems Association of California BCR = Bear Creek Redwoods LH = La Honda Creek PR = Pulgas Ridge SG = Saratoga Gap TC = Tunitas Creek CC = Coal Creek LR = Long Ridge PC = Purisima Creek SA(U) = Sierra Azul (Mt Um) WH = Windy Hill ECM = El Corte de Madera LT = Los Trancos RSA = Rancho San Antonio SR= Skyline Ridge AO2, 3, 4 = Administrative Office lease space ES = El Sereno MR = Miramontes Ridge RV = Ravenswood SCS = Stevens Creek Shoreline Nature FFO = Foothills Field Office FH = Foothills MB = Monte Bello RR = Russian Ridge TH = Teague Hill SFO = Skyline Field Office FO = Fremont Older PIC= Picchetti Ranch SJH = St Joseph's Hill TW = Thornewood SAO = South Area Outpost RR/MIN = Russian Ridge - Mindego Hill PR = Pulgas Ridge DHF = Dear Hollow Farm OSP = Open Space Preserve P## or M## = Patrol or Maintenance Vehicle page 2 of 2 R-18-37 Meeting 18-14 April 11, 2018 AGENDA ITEM 3 AGENDA ITEM Award of Contract for Engineering and Design of Two New Trail Loops at La Honda Creek Open Space Preserve ACTING GENERAL MANAGER’S RECOMMENDATIONS 1. Authorize the Acting General Manager to enter into a contract with Fall Creek Engineering for a base contract amount of $147,590. 2. Authorize a 15% contingency of $22,138, to be expended only if necessary to cover unforeseen conditions, for a total not-to-exceed contract amount of $169,728. SUMMARY The La Honda Creek Open Space Preserve Master Plan includes phased trail construction to expand public access and provide a variety of loop and connecting trails within the upper, central, and lower areas of the Preserve. Phase 1 trails were opened to the public in fall 2017. Phase 2 trails include two new loop trails in the lower Preserve. Engineering geology, geotechnical, structural engineering, and civil design services are necessary to complete the trail design documents and obtain permits. District crew will construct these trails. On February 12, 2018, staff released a request for proposals to four pre-qualified civil engineering firms and received three proposals. Fall Creek Engineering was determined to be the most qualified firm to complete the work at a fair and reasonable price. The Fiscal Year (FY) 2017-18 budget includes sufficient funds to cover costs through the end of this fiscal year. The proposed FY2018-19 Capital Improvement Action Plan (CIAP) includes additional funds to complete design and engineering work under the recommended contract. DISCUSSION Phase 2 implementation of the La Honda Creek Master Plan includes expansion of the Preserve trail system to include multi-use (hiking/biking/equestrian) and hiking/equestrian loop trails linking to the existing Harrington Creek Trail (Attachment 1). Master Plan Implementation Measure 3.1.g states: Open new loop trails in the eastern area of the former Driscoll Ranch; utilize existing roads for portions of the loop trails; realign and/or improve drainage of existing steep sections of road to address erosion; construct new trail at a 3-4 foot width and follow contours, where feasible. These new trails will provide visitors access to varied terrain and a diversity of habitats, including dense redwood forest of the La Honda Creek Canyon. The southern trail will create a loop that connects to the new Sears Ranch Parking Area and will be open to hiking and equestrian use only. The northern trail will establish a second loop that will R-18-37 Page 2 be open to multi-use (includes bicycles). Skyline Field Crew scouted the proposed loop trails and identified preliminary alignments. The preliminary trail alignment for both segments totals nearly five miles, traversing steep side slopes and crossing several stream channels. Engineering geological and geotechnical assessments are necessary to inform the structural design of bridges and retaining walls. For these reasons, as well as the significant trail length, design and engineering fees for the new trails are anticipated to be slightly higher than typical. Future connecting trails to the Red Barn area are also planned under Phase 2. These future connections will be designed under a separate contract that will be brought to the Board of Directors for approval later this year. Consultant Selection A Request for Proposals (RFP) was issued on February 12, 2018 to four pre-qualified civil engineering firms from the July 2017 On-Call Engineering Services Request for Qualifications. Staff received the following three (3) proposals on February 21, 2018: Consultant Location Proposal Amount Fall Creek Engineering (FCE) Santa Cruz $147,590 Timothy Best Santa Cruz $162,130 GHD San Jose $134,118 An evaluation team of Planning and Land and Facilities staff ranked the proposals based on the firm or team’s experience in the design and engineering of wildland trails, quality of the proposal, and the team’s proposed approach to the project. Staff determined that the team led by Fall Creek Engineering (FCE) was the most qualified to perform the work and presented the best-fit proposal. FCE has proven on numerous District projects to have a highly collaborative and responsive approach, and have recently led the design of more than 40 miles of new trails at the Santa Cruz Land Trust’s San Vicente Redwoods Preserve. The Acting General Manager therefore recommends that the contract be awarded to FCE. The FCE base contract includes sufficient budget to address known topographic and geologic constraints. However, due to the uncertainty inherent in the preliminary scoping phase of the project, and the likelihood that additional structural engineering may be required given the topography of the project area, a 15% contingency in the amount of $22,138 is recommended. FISCAL IMPACT The Adopted Fiscal Year (FY) 2017-18 Action Plan and Budget Project MAA05-007 includes $171,000 for the La Honda Creek Phase II Trails. These funds will shift to MAA Portfolio #07 (Lower La Honda Creek) during the third quarter budget adjustments in May 2018 as this portfolio description most accurately represents the new trail location. Sufficient funds will be included in the FY2018-19 and FY2019-20 budgets to fully fund the recommended contract, as shown in the table below. R-18-37 Page 3 FY2017-18 FY2018-19 FY2019-20 TOTAL La Honda Creek Loop Trail Project budget (MAA07-XXX) $171,000 $157,053 $200,000 $528,053 Recommended Action: Award of Contract: 40,000 100,000 29,728 $169,728 Spent–to-Date (as of 3/19/18): $0 Encumbrances: $0 Remaining Balance (proposed): $131,000 $57,053 $163,010 $351,063 The following table outlines the Measure AA Portfolio #07 budget, costs to date, and the fiscal impact related to the proposed contract: MAA 07 - La Honda Creek: Driscoll Ranch Public Access, Endangered Wildlife Protection and Conservation Grazing - Portfolio Appropriation $14,825,000 Life-to-Date Spent (as of 3/19/18): $11,724,364 Encumbrances: $88,490 Recommended Action: Award Contract (includes contingency): $169,728 Balance Remaining (Proposed): $2,842,418 The recommended action is eligible for Measure AA reimbursement. BOARD COMMITTEE REVIEW Extensive Board and Committee review occurred during development of the La Honda Creek Master Plan. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE Potential environmental impacts of the proposed new trails were analyzed in the Initial Study/Mitigated Negative Declaration for the La Honda Creek Master Plan, adopted by the Board in August 2012. NEXT STEPS If approved, the Acting General Manager will enter into a contract with Fall Creek Engineering. Final contract signature is subject to meeting all District requirements. Trail design and engineering will begin upon issuance of a notice to proceed, and continue through 2018, with permitting and construction in 2019 and 2020, respectively. The Legislative, Funding, and Public Affairs Committee will review proposed trail naming recommendations and forward these to the full Board of Directors for approval at a later date. Once construction is nearing completion, the Board will be notified of a grand opening date to announce and celebrate the public opening of the new trail additions. Additional Board review is not anticipated for this project since the construction is planned to be completed by District crew. R-18-37 Page 4 Attachments: 1. La Honda Creek Loop Trail Map Responsible Department Head: Jane Mark, AICP, Planning Department Manager Prepared by: Lisa Bankosh, Planner III L a H o n d a C reek B o g e ss Creek S a n Gregorio C r eek La Honda El Corte de Madera Creek Open Space Preserve Redwood Cabin Red Barn White Barn Ray's Peak La Honda Elementary (1037 ft.) LH07 LH06 LH10 LH03 LH02 LH04 LH05 LH01 Sky Londa Driscoll Ranches Event Center !j !j !j !Õ !Õ !Õ Allen Road S t a rw o o d D ri v e K ebe t Ridg e R o a d Bear G ulc h Road 200 400 600 800 800 1000 1000 1200 1200 1000 1000 1400 1600 1800 2000 2200 2400 Vista Point 6 6 6 1 1 1 1/10 1/6 2/3 7 7 7 3 3 4 8 8 9 9 1/6/1212 12 13 11 10 10 5 12 2/7 10 Map Projection: UTM Zone 10N, NAD 1927 Data Sources: USGS, CA Dept. of Fish & Game, County of San Mateo, and MROSD. Map Printed August 2012 Attachment 1. La Honda Master Plan Public Access Trails (listed in alphabetical order) PUBLIC ACCESS TRAILS listed in order by implementation phase Driscoll Ranch Main Access Road Easy Access Loop Trail Vista Point Loop Trail Trail Connection to Red Barn Area Trail Connection to Driscoll Ranch La Honda Creek Loop Trail Redwood Cabin Loop Trail Interior Loop Trail Red Barn Loop Trail Folger Ranch Loop Trail Harrington Creek Trail Sears Ranch Loop Trail Trail to Ray's Peak 1 2 3 4 5 6 7 8 9 10 11 12 13 0 0.2 0.4 Miles New Segment of the Bay Area RidgeTrail (Hiking, Equestrian, Bicycling) Existing Parking Area !j New Parking Area ==N Existing Public Trails (Hiking, Equestrian) New Public Trails (Hiking, Equestrian) !Õ New Interpretive Site Unmaintained Road Paved Road Highway 5.6 0.9 2.8 0.3 1.5 4.8 2.3 2.4 2.0 3.9 1.6 1.9 0.1 All trails open to hiking. Off-trail hiking allowed throughout except in Conservation Management Units.!F !Ë TRAIL USE All trails open to equestrian use, unless site conditions do not allow trail construction to meet District equestrian use standards. Pending resource agency approval: multiple-use on (1) the northeastern section of the Driscoll Ranch Road from Sears Ranch Road to the Red Barn area, (2) a portion of the La Honda Creek Loop Trail, and (3) the designated Bay Area Ridge Trail once one safe, through connection is secured (see legend). !G !F!Ë Trails north of Vista Point open to dogs on leash after grazing program is established; also, work with existing grazing tenant to identify suitable trail loop off Sears Ranch Road for dogs on leash. Trails RoadsFacilities La Honda Creek Open Space Preserv e !Í Conservation Management Unit(No Public Access) ! ! ! !! ! ! ! !! |ÿ35 |ÿ35 |ÿ84 |ÿ84 New Multiple-Use Public Trails(Hiking, Equestrian, Bicycling) Conservation Management Unit NO PUBLIC ACCESS Conservation Management Unit NO PUBLIC ACCESS Â New EquestrianParking Area G: \ P r o j e c t s \ L a _ H o n d a _ C r e e k \ L a _ H o n d a _ C r e e k _ M a s t e r _ P l a n \ F i n a l _ M a p s \ F i g u r e 1 1 _ L H M P _ P u b l i c A c c e s s T r a i l s . m x d R-18-34 Meeting 18-14 April 11, 2018 AGENDA ITEM 4 AGENDA ITEM Legislative Action Recommendations ACTING GENERAL MANAGER’S RECOMMENDATION Approve the recommended list of legislative actions for the 2018 state legislative session. SUMMARY On March 27, 2018, Midpeninsula Regional Open Space District’s (District) Governmental Affairs Specialist presented to the Legislative, Funding, and Public Affairs Committee (LFPAC) the District’s list of high interest 2018 State Legislation items (Tracking matrix, Attachment 1). This list identifies specific bills that merit follow-up action by the District in 2018. LFPAC asked clarifying questions and provided feedback on the priority bills, and recommended that the Board of Directors consider approving the list as the District’s legislative priorities for 2018. Important Note: Most bills will change over the course of the legislative session. The legislative process is fluid and often fast moving. Based upon its guiding documents – Board Policy 1.11 (Attachment 6) and the Board adopted Legislative Program (Attachment 4) – the Acting General Manager and staff will pursue an appropriate position for each bill and ensure that District interests remain protected. DISCUSSION February 16, 2018 was the submittal deadline for new bills by State Assemblymembers and Senators. The District’s legislative consultants - Public Policy Advocates (PPA) and Environmental and Energy Consulting (EEC) - reviewed every bill submitted and determined whether it had the potential to affect District interests. Each bill listed was accompanied by a recommended position and priority (See Attachment 2 for the full description of positions and priorities). Priority definition is as follows:  Priority 1: Bills given a “1” priority have a major importance and directly impact the District, and/or may set a critical precedent. These bills receive active attention by the Public Affairs Department and the affected department. This may include extensive testimony in committee, meetings with the Legislature, discussions with partner organizations, and public/media education, as appropriate.  Priority 2: Bills given a “2” priority have a significant impact on the District and/or set a critical, relevant precedent. The District sends a position letter or signs on to a coalition R-18-34 Page 2 letter, and may discuss the item with the Legislature and provide testimony in committee as time permits.  Priority 3: Bills given a “3” priority may have a notable effect on the District, and/or set a meaningful precedent, but are determined to be a lower priority for District resources. Public Affairs Department staff, in collaboration with the appropriate department, may write a position letter on these bills or may sign on to a coalition letter. Committee testimony or discussions with the Legislature may be conducted. Each bill flagged by PPA and/or EEC was assigned to the appropriate Department for more detailed review. The Department Managers confirmed the bills of high interest, their relative importance, and assigned a recommended position and priority, which is included in Attachment 1. Approximately 230 bills are currently being tracked, though only the highest priority bills (Priority 2) are presented. This year, no bills were deemed Priority 1, as none of them were determined to have a critical impact. In contrast, in 2017 the District sponsored SB 492 (Beall) and SB 793 (Hill). These would have received a Priority 1 status, along with the Park Bond bills AB 18 (Garcia) and SB 5 (DeLeón), which ultimately became Prop 68. As the legislative session progresses, each bill may change (sometimes substantially), which warrants further consideration and disposition concurrent with Board Policy 1.11 (Attachment 6). FISCAL IMPACT There are no immediate fiscal impacts associated with Board approval of the legislative recommendations. BOARD COMMITTEE REVIEW LFPAC reviewed the submitted list of bills, along with their associated position and priority recommendation, and provided their feedback. This feedback is shown in bold type and incorporated into the Legislative Matrix (Attachment 1). PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE This item is not a project subject to the California Environmental Quality Act. NEXT STEPS If approval is given by the Board, the District will begin pursuing the included legislative recommendations for the 2018 state legislative session. The Governmental Affairs Specialist will bring legislative updates and proposals to LFPAC and the full Board throughout the state legislative session as appropriate. ATTACHMENTS Attachment 1 – MROSD Legislative Tracking Matrix Attachment 2 – MROSD Legislation Position and Priorities R-18-34 Page 3 Attachment 3 – MROSD Bill Disposition Process Attachment 4 – MROSD Legislative Program for 2018 Attachment 5 – State Legislative Calendar – 2018 Attachment 6 – Board Policy 1.11 - Positions on Ballot Measures and Legislative Advocacy Responsible Department Head: Christine Butterfield, Acting Assistant General Manager Prepared by: Joshua Hugg, Governmental Affairs Specialist March 27, 2018 1 of 11 Key:Changes based on LFPAC feedback in gray Measure Author Category Topic Brief Summary Position Priority LFPAC Comments AB 1945 Garcia, Eduardo D Climate California Global Warming Solutions Act of 2006: Greenhouse Gas Reduction Fund: investment plan. Would require the State Air Resources Board to work with state agencies administering grant programs that allocate moneys from the Greenhouse Gas Reduction Fund to add specified cobenefits, to give specified communities preferential points during grant application scoring, and to allow applicants from the Counties of Imperial and San Diego to include daytime population numbers in grant applications. Watch 2 SB 1015 Allen D Climate California Climate Resiliency Program. Would establish the California Climate Resiliency Program to increase resiliency to climate change impacts in urban and rural communities throughout the state and to fund the planning and implementation of projects that improve and enhance the climate change resiliency of natural systems, natural and working lands, and developed areas. The bill would require that the program be developed and implemented by the Wildlife Conservation Board. Support 2 SB 1401 Wieckowski D Climate Climate change: climate adaptation information: clearinghouse. Current law requires the Office of Planning and Research to coordinate with appropriate entities to establish a clearinghouse for climate adaptation information for use by state, regional, and local entities. The bill would require the office to seek feedback from entities that use the clearinghouse to maximize the efficacy and usefulness of the clearinghouse. Support 2 DRAFT MROSD Legislative Tracking Matrix Updated: 3/27/2018 Attachment 1 March 27, 2018 2 of 11 Measure Author Category Topic Brief Summary Position Priority LFPAC Comments AB 2534 Limón D Education Parks: environmental education: grant program. Would require the Director of Parks and Recreation, on or before May 1, 2019, to establish the Outdoor Equity Grants Program, to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place. The bill would require the director to, among other things, give priority for funding to outdoor environmental education programs that primarily provide outreach to and serve students who are eligible for free or reduced-price meals, foster youth, or pupils of limited English proficiency, as provided. Support 2 SB 1072 Leyva D Equity Regional Climate Collaborative Program: technical assistance. Would establish the Regional Climate Collaborative Program, to be administered by the Strategic Growth Council, to assist under-resourced communities to access statewide public and other grant moneys, as specified, by establishing regional climate collaboratives, as specified. The bill would authorize the council to award specified grants to collaboratives for specified activities. The bill would authorize moneys from the Greenhouse Gas Reduction Fund to be used to implement the program. Support 2 Support - important to define "under-resourced communities" and confirm that communities in need within the District qualify. AB 2916 Grayson D Finance Property tax revenue allocations: qualified fire protection districts. Would, for the 2020–21 to 2024–25 fiscal years, inclusive, require the auditor of a county in which a qualified fire protection district, as defined, is located to increase the total amount of ad valorem property tax revenue that is otherwise required to be allocated to each qualified fire protection district by the fire protection district equity amount, as defined, and to commensurately reduce the total amount of ad valorem property tax revenue otherwise required to be allocated among all other local agencies in the county that are not fire protection districts by the fire protection district equity amount. Oppose 2 Attachment 1 March 27, 2018 3 of 11 Measure Author Category Topic Brief Summary Position Priority LFPAC Comments AB 3037 Chiu D Finance Community Redevelopment Law of 2018. Current law dissolved redevelopment agencies as of February 1, 2012, and designates successor agencies to act as successor entities to the dissolved redevelopment agencies. This bill, the Community Redevelopment Law of 2018, would authorize a city or county to propose the formation of a redevelopment housing and infrastructure agency by adoption of a resolution of intention that meets specified requirements, and providing that resolution to each affected taxing entity. The bill would require the city or county that adopted that resolution to hold a public hearing on the proposal to consider all written and oral objections to the formation, as well as any recommendations of the affected taxing entities, and would authorize that city or county to adopt a resolution of formation at the conclusion of that hearing. Watch 2 AB 1800 Levine D Fire Fire insurance: indemnity. Current law defines the measure of indemnity for a loss under an open fire insurance policy and specifies time limits under which an insured must collect the full replacement cost of the loss. Current law prohibits a fire insurance policy issued or delivered in the state from limiting or denying payment of the replacement cost of property in the event the insured decides to rebuild or replace the property at a location other than the insured premises. This bill would qualify that prohibition by making it applicable in addition to any extended replacement cost coverage purchased by the insured and in addition to any increase in policy limits. Support 2 Attachment 1 March 27, 2018 4 of 11 Measure Author Category Topic Brief Summary Position Priority LFPAC Comments AB 1954 Patterson R Fire Timber harvest plans: exemption: reducing flammable materials. The Z’berg-Nejedly Forest Practices Act of 1973 authorizes the State Board of Forestry and Fire Protection to exempt from some or all of those provisions of the act a person engaging in specified forest management activities, including a person engaged in forest management whose activities are limited to the cutting or removal of trees on the person’s property in compliance with existing laws relating to defensible space, as provided, and requires the board to adopt regulations to implement this exemption no later than January 1, 2016. Current law makes the above exemption inoperative 3 years after the effective date of regulations adopted by the board or no later than January 1, 2019. This bill would delete this inoperative date. Support 2 AB 2091 Grayson D Fire Fire prevention: prescribed burns. Would rename the State Board of Forestry and Fire Protection to the State Board of Forestry and Fire Prevention and Protection. The bill would additionally require members to have general knowledge of, interest in, and experience with fire prevention. The bill would require at least one member to be selected with a background and understanding of fire prevention, including prescribed fire. The bill would require the board to appoint a prescribed fire advisory committee, as provided, and would require the board to consult with the advisory committee on development of training, certification, and recertification of prescribed burn managers and organizations. Support 2 AB 2120 Quirk D Fire Fire: agricultural burning. Current law requires the State Air Resources Board to promulgate guidelines for the regulation and control of agricultural burning for each of the air basins established by the state board.This bill would require the regulations to include a technical discussion of the likely emissions trade-offs of planned prescribed fire or managed wildfire ignitions, as provided. Investigate 2 Attachment 1 March 27, 2018 5 of 11 Measure Author Category Topic Brief Summary Position Priority LFPAC Comments AB 2551 Wood D Fire Forest and Wildland Health Improvement and Fire Prevention Program. Would require the Department of Forestry and Fire Prevention to establish, implement, and administer the Forest and Wildland Health Improvement and Fire Prevention Program, which is intended to promote forest and wildland health, restoration, and resilience, and improve fire prevention and preparedness throughout the state. The bill would require the department to take specified actions to improve forest and wildland health and resilience, including evaluating and proposing changes to statewide fire suppression goals and developing fire preparedness and suppression training programs. Support 2 AB 2585 Patterson R Fire Prescribed burns: burn managers: liability. Would provide that a property owner and his or her agent conducting a prescribed burn, as defined, shall not be liable for damage or injury caused by fire or smoke, unless negligence is proven, when the prescribed burn meets specified conditions, including that the prescribed burn in conducted under the supervision of a certified prescribed burn manager, as defined, and proper burn permits have been obtained from all appropriate state and local agencies. Support If Amended 2 AB 2645 Patterson R Fire Greenhouse Gas Reduction Fund: forestry and fire prevention. Would, beginning in the 2019–20 fiscal year, continuously appropriate $74,805,000 from the Greenhouse Gas Reduction Fund annually to the Department of Forestry and Fire Protection for purposes of fire prevention activities that reduce greenhouse gas emissions. Support 2 SB 1002 Nielsen R Fire Safe Forests and Grasslands Act of 2018. Current law requires the Department of Forestry and Fire Protection to implement and administer various programs designed to improve forests and grasslands and prevent and suppress fires in state responsibility areas, as defined.This bill would declare the intent of the Legislature to enact subsequent legislation to create the Safe Forests and Grasslands Act of 2018 to improve the health of the state’s forests and grasslands, reduce wildlife fuel, provide for bioenergy production, and reduce uncontrolled fires in state responsibility areas. Watch 2 Attachment 1 March 27, 2018 6 of 11 Measure Author Category Topic Brief Summary Position Priority LFPAC Comments SB 1044 Berryhill R Fire State Responsibility Area Fire Prevention Fees. Current law until July 1, 2017, required that a fire prevention fee be charged on each habitable structure on a parcel that is within a state responsibility area, to be used for specified fire prevention activities, and prescribed procedures for the collection and processing of the fees by the California Department of Tax and Fee Administration. Existing law repeals those provisions requiring the payment of the fee on January 1, 2031. This bill would instead repeal those provisions on January 1, 2019. Oppose 2 Should apply to more than just habitable structures SB 1079 Monning D Fire Forest resources: fire prevention grants: advance payments. Current law authorizes the Director of Forestry and Fire Protection to provide grants to entities, including, but not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies, for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions. The Budget Act of 2017 appropriated moneys to the Department of Forestry and Fire Protection for purposes of providing local assistance grants, grants to fire safe councils, and grants to qualified nonprofit organizations with a demonstrated ability to satisfactorily plan, implement, and complete a fire prevention project for these same purposes, as provided. This bill would authorize the director to authorize advance payments to a nonprofit organization, a special district, or a Native American tribe from the grant awards specified above. Watch 2 Attachment 1 March 27, 2018 7 of 11 Measure Author Category Topic Brief Summary Position Priority LFPAC Comments SB 1260 Jackson D Fire Fire prevention and protection: prescribed burns. Current law requires each planning agency to prepare, and the legislative body of each county and city to adopt, a comprehensive, long-term general plan, including a safety element, for the physical development of the county or city, as provided. Current law requires the draft element of, or draft amendment to, the safety element of a county or city’s general plan to be submitted to the State Board of Forestry and Fire Protection and to every local agency that provides fire protection to territory within the city or county at least 90 days prior to specified events. This bill would instead require the draft element of, or draft amendment to, the safety element be submitted to the above-described entities 180 days prior to the specified events. Watch 2 SB 929 McGuire D Governance Special districts: Internet Web sites. This bill would, beginning on January 1, 2020, require every independent special district to maintain an Internet Web site that clearly lists contact information for the special district, except as provided. Because this bill would require local agencies to provide a new service, the bill would impose a state-mandated local program. Support 3 AB 1918 Garcia, Eduardo D Public Access Office of Sustainable Outdoor Recreation. Current law establishes in the Natural Resources Agency the Blue Ribbon Committee for the Rehabilitation of Clear Lake, for the purposes of discussion, reviewing research, planning, and providing oversight regarding the health of Clear Lake. This bill would establish in the agency the Office of Sustainable Outdoor Recreation. The bill would require the office to undertake certain activities such as promoting economic development and job growth in the outdoor recreation economy of the state. The bill would also require the office to create an advisory committee to provide advice, expertise, support, and service to the office. Support 2 Attachment 1 March 27, 2018 8 of 11 Measure Author Category Topic Brief Summary Position Priority LFPAC Comments AB 2615 Carrillo D Safety State highway system: parks and recreation: accessibility for bicycles and pedestrians. Would, to the extent possible, and where feasible, require the Department of Transportation to partner with appropriate public agencies, including, but not limited to, the Department of Parks and Recreation, any federal department or agency, and any regional or local public entity, to develop strategies and plans to maximize safe and convenient access for bicycles and pedestrians to federal, state, regional, and local parks adjacent to or connected to the state highway system. Support 2 Support AB 2422 Bloom D Stewardship Agricultural pest control research. Existing law regulates the use of pesticides and authorizes the Director of Pesticide Regulation to adopt regulations to govern the possession, sale, or use of any pesticide, as prescribed. Existing law prohibits the use of any pesticide that contains one or more of specified anticoagulants in wildlife habitat areas, as defined. Existing 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. A violation of these provisions is a misdemeanor. This bill would expand this prohibition to include a pesticide containing any anticoagulant and would also prohibit the use of a pesticide containing an anticoagulant in the entire state. The bill would authorize a qualified applicator to submit an application to the Department of Pesticide Regulation to use a pesticide that contains one of specified anticoagulants for a particular pest infestation but would authorize the department to approve the application only if the qualified applicator demonstrates that he or she exhausted specified alternatives to the use of the pesticide and the use of the pesticide is required as a final treatment for the pest infestation. The bill would also authorize the use of a pesticide containing a specified anticoagulant if the State Department of Public Health determines that there is a public health emergency due to a pest infestation and the Department of Pesticide Support 2 Attachment 1 March 27, 2018 9 of 11 Measure Author Category Topic Brief Summary Position Priority LFPAC Comments SB 835 Glazer D Safety Parks: smoking ban.Current law makes it an infraction punishable by a fine of $250 for a person to smoke a cigarette, cigar, or other tobacco-related product within 25 feet of a playground or tot lot sandbox area. This bill would make it an infraction punishable by a fine of up to $25 for a person to smoke, as defined, in a unit of the state park system or to dispose of used cigar or cigarette waste in a unit of the state park system. The bill would establish a state- mandated local program by creating a new crime. Support 2 SB 1414 Beall D Stewardship School accountability: local control and accountability plans. The Z’berg-Nejedly Forest Practices Act of 1973 prohibits a person from conducting timber operations, as defined, unless a timber harvesting plan prepared by a registered professional forester for those operations has been submitted to the Department of Forestry and Fire Protection. Existing law requires the department to review, approve, require the modification of, or disapprove timber harvesting plans in accordance with prescribed procedures. This bill would require the department to ensure that, before the approval of a timber harvesting plan or an associated permit on lands owned by the San Jose Water Company, the San Jose Water Company conducts 3 public hearings on the timber harvesting plan or associated permit, the Midpeninsula Regional Open Space District publicly reviews the timber harvesting plan or associated permit and adopts a resolution that timber harvesting would result in no significant impacts to public lands, and the County of Santa Clara, the County of Santa Cruz, and the appropriate regional water quality control boards each conducts a public hearing on the timber harvesting plan or associated permit. The bill would repeal these provisions on January 1, 2038.This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Santa Clara and Santa Cruz. Watch 2 Attachment 1 March 27, 2018 10 of 11 Measure Author Category Topic Brief Summary Position Priority LFPAC Comments AB 2470 Grayson D Stewardship Invasive species: Greenhouse Gas Reduction Fund. Would establish the Invasive Species Council of California, composed as prescribed, to help coordinate a comprehensive effort to exclude invasive species already established in the state. The bill would establish a California Invasive Species Advisory Committee to advise the council on a broad array of issues related to preventing the introduction of invasive species and providing for their control or eradication, as well as minimizing the economic, ecological, and human health impacts that invasive species cause. The bill would transfer $10,000,000 from the Greenhouse Gas Reduction Fund to the Invasive Species Fund this bill would establish in the State Treasury. Support 2 AB 2805 Bigelow Stewardship Wild pigs: validations. Would revise and recast the provisions applicable to wild pigs by, among other things, specifying that the wild pig is not a game mammal or nongame mammal.Support 2 SB 881 Wieckowski D Stewardship Flood control: County of Santa Clara: South San Francisco Bay Shoreline Project. Would authorize the state to provide subvention funds to the Santa Clara Valley Water District for the South San Francisco Bay Shoreline Project for flood control in areas along the south San Francisco Bay in the County of Santa Clara, as described, at an estimated cost to the state of the sum that may be appropriated for state cooperation by the Legislature upon the recommendation and advice of the Department of Water Resources and upon a determination by the department that the project meets specified financial aid requirements. The bill would provide that the state assumes no liability for damages that may result from the project by authorizing the provision of subvention funds, or by the appropriation of those subvention funds, as specified. Support 2 Attachment 1 March 27, 2018 11 of 11 Measure Author Category Topic Brief Summary Position Priority LFPAC Comments SB 919 Dodd D Stewardship Water resources: stream gages. Would require the Department of Water Resources, upon appropriation by the Legislature, to develop a plan to deploy a network of stream gages that includes a determination of funding needs and opportunities for reactivating existing gages. The bill would require the department, in consultation with the board, the Department of Fish and Wildlife, the Central Valley Flood Protection Board, interested stakeholders, and, to the extent they wish to consult, local agencies, to develop the plan to address significant gaps in information necessary for water management. Support 2 Attachment 1 MROSD Bill Positions and Priorities Support: • Support – A position given to bills and propositions that would be a benefit to Midpen’s ability to serve its communities. • Support if Amended – A position given to bills that may be a benefit to the Districts’ ability to serve its communities, so long as specific amendments are taken to the bill. If the requested amendments are taken by the author, Public Affairs Department staff may recommend changing MROSD’s position to support. • Recommend Support (Priority) – Position recommended by Legislative Consultant, along with a potential priority number, prior to staff review. Oppose: • Oppose – A position given to bills and propositions that would be a detriment to Midpen’s ability to serve its communities. • Oppose if Amended – A position given to bills that may impede the Districts’ ability to serve its communities, so long as specific amendments are taken to the bill. If the requested amendments are taken by the author, Public Affairs Department staff may recommend changing MROSD’s position to support. • Concerns – A position given to bills that could be a detriment to the District, but for political, policy, or other reasons do not warrant or lend themselves to a full oppose position. • Recommend Oppose (Priority) – Position recommended by Legislative Consultant, along with a potential priority number, prior to staff review. Watch: • Watch – A position given to bills that may directly affect MROSD, but does not provide a significant benefit or impose a significant detriment to the District. Also includes bills that are in spot bill form on a subject area that concerns special districts and bills that are of notable interest to special districts, but do not warrant an active position or expenditure of MROSD resources. No position is taken, however, the progress and outcome of the bill is tracked. A position may be considered at a later date. • Recommend Watch – Position recommended by Legislative Consultant. • Recommend Supplemental – Position recommended by Legislative Consultant. Monitor the bill via the Supplemental list. Investigate: • Investigate – More information is needed before a position can be taken. Remove: • Remove – Legislation is of no interest to the District or does not apply. Attachment 2 Priority: Priority 1: Bills given a “1” priority have a major importance and directly impacts the District, and/or may set a critical precedent. These bills will receive active attention by the Public Affairs Department and the affected department. This may include extensive testimony in committee, meetings with the Legislature, discussions with partner organizations, and public/media education, as appropriate. Priority 2: Bills given a “2” priority have a significant impact on the District and/or set a critical, relevant precedent. The District sends a position letter or signs on to a coalition letter, and may discuss the item with the Legislature and provide testimony in committee as time permits. Priority 3: Bills given a “3” priority may have a notable effect on the District, and/or set a meaningful precedent, but are determined to be a lower priority for District resources. Public Affairs Department staff, in collaboration with the appropriate department, may choose to not write a position letter on these bills, but may sign on to a coalition letter. Committee testimony or discussions with the Legislature may be conducted. Attachment 2 Incoming bill •Lobbyist •Partner •News •Etc. GAS Bill Assessment •Does it apply? •Legislative Program compliance? •Which department? •Lobbyist recommendation? DM Bill Assessment •Does it apply? •Legislative Program compliance? •Recommended Position o Support (concept) o Oppose (concept) o Watch (concept) Time Sensitive? GM Disposition •Summary •L/P compliance •Pros/Cons •Recommendation LFPAC Disposition •Summary •L/P compliance •Pros/Cons •Recommendation Board Disposition •Summary •L/P compliance •Pros/Cons •Recommendation Position Letter •Sample letter •Original letter Position Letter •Sample letter •Original letter •Send draft to GM •Revise based on edits Board Notification •Position letter •GM Notification Memo Send Letter •MROSD Position letter •Join coalition Time Sensitive? Accumulated Bill List •Review weekly •Break down by department Y N N Y MROSD Legislative Bill Disposition Process Board Policy 1.11 Additional Advocacy Based On: •Bill Position •Bill Priority See priority definitions Key of Acronyms: •GM: General Manager •DM: Department Manager •GAS: Governmental Affairs Specialist •L/P: Legislative Program Attachment 3 1 Midpeninsula Regional Open Space District Legislative Session Program 2018 Updated January 10, 2018 Attachment 4 2 Contents Introduction: ............................................................................................................................................... 3 Advocacy of the District’s Interests ..................................................................................................... 3 Legislative Priorities: ................................................................................................................................. 5 Promote, establish, and implement a common environmental protection vision with partners5 Connect people to open space and a regional environmental protection vision .......................... 5 Strengthen organizational capacity to fulfill the mission ................................................................. 5 Position the District for long-term financial sustainability to fulfill the District’s mission on behalf of the public ................................................................................................................................ 6 District Legislative Policy Positions: ....................................................................................................... 6 Vision Plan Implementation ................................................................................................................. 6 Public Access and Education ................................................................................................................ 6 Natural Resources Protection and Restoration .................................................................................. 8 Land Acquisition and Restoration ..................................................................................................... 10 General/Midpen-wide Support of Mission ...................................................................................... 10 2018 Federal Legislative Priorities ......................................................................................................... 11 Priority Areas: ....................................................................................................................................... 11 Land and Water Conservation Fund ................................................................................................. 11 Infrastructure Investment ................................................................................................................... 11 National Monument Preservation ..................................................................................................... 11 2018 Regional/Local Priorities ................................................................................................................ 12 Priority Areas: ....................................................................................................................................... 12 Plan Bay Area 2040, Final Preferred Scenario Adoption ................................................................ 12 San Francisco Bay Restoration Authority (SFBRA), Measure AA Implementation ................... 12 Santa Clara Valley Transportation Authority (VTA), Measure B Implementation .................... 12 City of Los Altos, El Camino Real Commercial Thoroughfare (CT) Zoning ............................... 12 Attachment 4 3 Introduction: Midpeninsula Regional Open Space District’s 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. To further the agency’s mission, the Midpeninsula Regional Open Space District (the District) reviews, including opportunities and challenges, and establishes priorities and policy statements prior to the start of each legislative year, typically late in the calendar year, to guide its advocacy activities at the state and federal levels. The 2018 Legislative Session Program outlines the District’s priorities in the coming year and details the District’s legislative policies— providing general direction for advocacy. It reflects the District’s commitment to the mission, the goals outlined in the 2014 Vision Plan, and the District's Strategic Plan along with the annual Action Plan process. Advocacy of the District’s Interests While this document attempts to cover a wide variety of legislative issues that may have an impact on the District, it is not comprehensive, complete or final. Throughout the state and federal legislative sessions, the District will review and take positions on various policies and state or federal budget items. Per Section 2.0 of Board Policy 1.11, legislative advocacy are considered in the following manner: Section 2.0: Local, State, and Federal Legislative Advocacy a. The Legislative, Funding, and Public Affairs Committee (LFPAC) receives periodic updates throughout the year regarding the District’s legislative program. When LFPAC determines that proposed legislation may affect District business, it may direct the General Manager to prepare a recommendation for consideration by the full Board or where there is not adequate time to convene the full Board, may direct the General Manager to take action to support or oppose the legislation without full Board approval. In such cases, the General Manager or designee shall report to the Board any actions taken to support or oppose legislation at or before the next Board meeting. b. When time is so short that neither the full Board nor LFPAC can be convened to consider positions to support or oppose local, state or federal legislation, the General Manager is authorized to take a position on behalf of the District if the legislation: i. Is related to the District’s mission; AND ii. Would directly impact the District’s business, such as project delivery, operations, finances, legal authority, or other District responsibilities; AND iii. The position being taken is consistent/inconsistent with existing District policy, past action, or District Strategic Plan; OR Attachment 4 4 iv. The legislation carries other considerations that make it contrary to the District’s interests. In such instances, the General Manager or designee shall report to the Board any actions taken to support or oppose the legislation at or before the next Board meeting. c. Full Board action is required regarding legislation that is not clearly within the criteria listed above under Section 2.b. or guided by direction previously given by LFPAC. All legislation on which the District takes a position will be closely tracked by the General Manager’s Office (GMO) and reported to the Board of Directors and departments. Contracted state and federal advocacy teams will represent the District interests based upon the policies contained in the Board-approved Legislative Session Program. In addition to District position letters, Board members and District staff may be asked to testify or meet with re levant legislators or members of the Executive branch to advocate on issues requiring heightened advocacy. If this is the case, District staff must first notify and/or confirm approval of the GMO to ensure that positions taken are consistent with the District’s Board approved Legislative Session Program. Attachment 4 5 Legislative Priorities: The following are the top legislative priorities for the Midpeninsula Regional Open Space District in the first year of the 2018 State Legislative Session. They are categorized by the Board’s Strategic Plan Goals/Strategy areas (https://www.openspace.org/about-us/strategic- plan) to provide a clear connection to organizational priorities: Promote, establish, and implement a common environmental protection vision with partners 1. Watershed Protection: The District supports legislative or regulatory efforts that enhance the ability to protect watershed land, as well as restore and maintain associated habitats. 2. Regional Conservation: The District supports legislation that enhances and funds regional collaboration and coordination of conservation efforts. 3. Wildlife Corridors: The District will support efforts to bring greater funding opportunities and permit streamlining to conservation related to wildlife corridors. With the passage of Santa Clara County Measure B and a focus at the state level on funding transportation infrastructure, advance mitigation has become increasingly important to ensure that habitat connectivity is enabled and maintained. Connect people to open space and a regional environmental protection vision 1. Equitable Access: The District will support efforts to enhance funding eligibility for Disadvantaged Communities in high-cost regions like the Bay Area. Low-income communities in and around the District's purview are under increasing cost pressures due to the continuing tech boom in Silicon Valley. Despite this, these traditionally underserved areas have difficulties accessing funding intended to benefit them due to formulas that fail to recognize their status relative to other parts of the state that accommodate similar populations. 2. Every Kid in a Park Initiative: The District supports national and state efforts to mobilize children and parents to visit and enjoy America’s outdoor spaces to encourage the next generation to discover America’s public lands and waters. 3. Trail Corridors: The District supports policy that helps link preserve trails to other regional trails and ultimately to the places where people live and work Strengthen organizational capacity to fulfill the mission 1. To be determined. Attachment 4 6 Position the District for long-term financial sustainability to fulfill the District’s mission on behalf of the public 1. Parks Bond: The District supports education efforts regarding the statewide bond placed by the California Legislature on the June 5, 2018 ballot. 2. Cap and Trade/Climate-related Funding: The District supports efforts to emphasize and increase the recognition for the use of natural and working land (NWL) for the purposes of carbon sequestration and subsequent allocations of Cap and Trade funding. With the passage of SB 32 (Pavely) in 2016 there will be increased pressure to not only eliminate sources of greenhouse gas generation, but also find ways to capture emissions as well. This further promotes the recognition of the region's greenbelt as its "life support system." District Legislative Policy Positions: The ability of the District to deliver its mission and remain a sustainable organization can be impacted by legislation proposed on the local, state, or federal level. To this end, proactive, Board-approved policy positions taken by the District on a variety of relevant issue areas help to not only crystalize thinking among Board members and staff, but also ensures consistency in advocacy. To be consistent with other District processes and performance metrics, these policy positions have been broken down by areas specified in the annual Fiscal Year Major Accomplishments report (http://www.openspace.org/about-us/public- information/accomplishments-15). Vision Plan Implementation Entrusted by taxpayers in 2014 with the passage of its $300 million Measure AA bond the District supports legislation that: 1. Streamlines project timelines and reduces delivery costs to implement the Priority Action portfolio of the Vision Plan (https://www.openspace.org/our- work/projects/vision-plan) Public Access and Education The District supports legislation that: 1. Protects cultural resources 2. Increases public access to preserved land region-wide 3. Helps link preserve trails to other regional trails and ultimately to the places where people live and work Attachment 4 7 4. Helps provide educational opportunities for preserve visitors about natural and cultural resources and the benefits of open space 5. Keeps preserves safe, clean, and inviting for healthy exercise and enjoyment 6. Promotes involvement and engagement of communities in ongoing conservation 7. Funds and enables programs that hires youth to work in parks and open space and encourages them to consider careers there 8. Creates or augments grant programs to enhance public access, provide fire clearance, and enable housing rehabilitation on District holdings 9. Helps fund and streamline emergency repairs to District infrastructure 10. Funding that supports partnership approaches to environmental education and public outreach efforts on local and state levels. For example, Next Generation Science Standards (NGSS), California Education and the Environment (http://www.californiaeei.org/) and ChangeScale (http://changescale.org/who-we-are/) 11. Streamlines permits for trail maintenance and construction, including grading 12. Improves and streamlines the permitting and CEQA review and compliance process 13. Provides parks and open space districts the authority to utilize a variety of contracting methods to construct projects, including design-build methodologies 14. Legislation that promotes implementation and education of sustainable design and construction; including but not limited to LEED buildings, stormwater treatment and runoff reduction, local (within 150-mile radius of project) contractor/consultant hiring and construction materials, reuse and recycle materials, renewable energy, and landscaping 15. Transportation measures that enhance community member opportunities to access open space preserves and state parks 16. Improves local transportation, which enables better connectivity between the built and natural environment, i.e. Transit to trails 17. Enables Native American community involvement in cultural and land management practice awareness 18. Increases environmental education access opportunities, including volunteer opportunities, for underserved communities 19. Enhances the ability to engage and involve a diverse team of Bay Area volunteers in the protection, conservation, restoration, and enhancement of the District’s natural resources, trails, and facilities. 20. Provides prevailing wage exemptions for volunteers Attachment 4 8 21. Prohibits drones (Unmanned Aerial Vehicles) from operating near fires and other emergency incidents 22. Helps eradicate marijuana growing on public lands and restore lands damaged by its growth. 23. Aids enforcement of marijuana laws related to the implementation of Prop 64 (2016) Natural Resources Protection and Restoration The District supports legislation that: 1. Supports working farms and ranches 2. Supports farm labor housing 3. Enhances management of water quality for all priority watersheds 4. Protects local and regional watershed holdings and water quality protection 5. Enables Cal Fire to continue inmate work programs. 6. Promotes expedited tree and brush removals by public agencies for fire protection and public access. 7. Ensures reasonable setback requirements that allow minimum defensible space clearances to be met by private property owners. 8. Supports wildfire management to become a more natural component of the ecosystem, and minimize negative effects on the community and environment 9. Connects habitats that support a diverse array of native plants and animals 10. Supports maintaining state and federal lists of endangered species justified through conclusive biological evidence 11. Incentivizes agricultural operations to invest in energy efficient irrigation technologies that reduce greenhouse gas (GHG) emissions and water use 12. Provides funding to local partners to provide technical support for agriculture and natural resources enhancement 13. Creates or enhances new funding sources to implement local or state government programs that benefit the environment such as: watershed protection, groundwater recharge and sustainability, water conservation, GHG reduction, Areas of Special Biological Significance compliance, Rare, Threatened, and Endangered species management and recovery 14. Expands funding for: a. Wetland restoration projects that provide carbon sequestration benefits. Attachment 4 9 b. Forest health programs that reduce GHG emissions through fuel reduction. c. Wildlife Corridor projects that improve wildlife habitat connectivity 15. Ensures maintenance of adequate open space through increased funding for development easements, needed restoration, and rehabilitation activities 16. Encourages public road management agencies to control invasive plant populations. 17. Emphasizes the use of Integrated Pest Management (IPM) practices that aligns with the District’s program 18. Reduces/further regulates the use of second-generation anticoagulant rodenticides 19. Supports increased knowledge, management, and ultimately the eradication, of Sudden Oak Death disease. 20. Ensures "Open Space" zoning for permanently protected lands that allow for typical maintenance and construction activities. 21. Furthers implementation of Senate Bill 32 (Chapter 249, Statutes of 2016), the Global Warming Solutions Act that establishes a GHG reduction target for the state of 40 percent below 1990 levels by 2030. 22. Enhances wildland fire management and promotes climate adaptation planning 23. Promotes the development of new mechanisms for sustainable and environmentally responsible economic development and redevelopment of housing, neighborhood, and commercial properties to minimize the carbon footprint of the built environment and reduce the pressure to sprawl into open space lands. 24. Helps efforts to protect, conserve, restore, and enhance the natural resources of the District, its coast and adjacent waters for environmentally sustainable and prudent use by current and future generations 25. Recognizes and incentivizes the use of natural and working lands for the purpose of carbon sequestration 26. Supports the development of effective and comprehensive Districtwide, regional, and statewide measures to adapt to sea level rise, community resilience, and other effects of climate change 27. Enhances or streamlines the identification, creation, and maintenance of wildlife corridors both within District lands and adjacent entities, which may extend to statewide and international linkages 28. Promotes advance mitigation programs and wildlife corridor networks 29. Enhances regulatory permit and closer collaboration and coordination between regulatory agencies Attachment 4 10 Land Acquisition and Restoration The District supports legislation that: 1. Expands protected land, to enhance biodiversity, climate change resilience and scenic, rural character 2. Protects watershed lands 3. Promotes the use of urban infill to reduce greenhouse gas generation and protect natural and working lands and to encourage a balance between jobs and housing 4. Enhances the District’s ability to purchase or otherwise acquire regional and strategic open space lands and connect District lands to federal, state, county, city, and other protected open space, parklands, bay lands, watershed lands, wildlife corridors, and agricultural lands. 5. Enhances the District’s ability to create and pursue opportunities to acquire an integrated greenbelt of protected open space, trails, and habitat corridors throughout our jurisdiction 6. Facilitates the protection of the District and the public's open space, park, and natural resources, property rights, interests, and easements 7. Preserves prime and sustainable agricultural lands through State Budget proposals that provide funding for long-term protection of these lands. General/Midpen-wide Support of Mission The District supports legislation that: 1. Preserves existing tax revenues and tax authority. 2. Lowers the vote threshold for locally imposed special taxes, from two-thirds to fifty-five percent. 3. Maximizes funding flexibility for use within the designated programs 4. Preserves tax-exempt status for municipal bonds on a state and federal level 5. Expands state and federal incentives that promote the issuance of green bonds 6. Enables statewide efforts to increase broadband connectivity to public agency infrastructure in remote areas. 7. Preserves and promotes cost-effective, fair, and efficient contracting practices that give taxpayers the best value for their dollar. 8. Preserves and promotes managerial discretion in effective and productive recruiting, hiring, firing, and day-to-day oversight of staff at all levels. Attachment 4 11 9. Preserves and promotes open, transparent, accountable government administrative practices that promote the efficient and timely delivery of public services, facilitates public involvement, and supports effective and timely decision-making. 2018 Federal Legislative Priorities Given the tumult and outcomes of the 2016 federal elections, it is expected that very little progress will be made forwarding a pro-environmental agenda at the national level. It may be necessary for active advocacy to occur to defend existing environmental priorities and regulations. Statements made by both the Governor of California and the State Legislature have made clear that an active effort to preserve environmental regulations, with California at the lead, may be necessary. Priority Areas: In 2018, the District will remain focused on federal policy relevant to the following: Land and Water Conservation Fund The District supports full funding of the federal Land and Water Conservation Fund (LCWF). Infrastructure Investment The District supports the inclusion of active transportation and parks-related projects in federal funding allocations for infrastructure. National Monument Preservation The District supports the protection and the designation of national monuments within our region that are important to fulfilling the District’s mission. Attachment 4 12 2018 Regional/Local Priorities Local land use authority predominates California planning processes even though there is a growing recognition of the importance of regional planning and coordination of efforts. This is true for both the built as well as the natural environment. Priority Areas: In 2018, the District supports: Plan Bay Area 2040, Final Preferred Scenario Adoption The District supports ratification of the final preferred scenario of the Plan Bay Area 2040 that curbs urban boundary expansion and enhances open space preservation and stewardship, and funds District priorities in adopted Priority Conservation Areas (PCA). San Francisco Bay Restoration Authority (SFBRA), Measure AA Implementation The District supports guideline development for SFBRA's Measure AA funds that enables implementation of District priority projects. Santa Clara Valley Transportation Authority (VTA), Measure B Implementation The District supports advance mitigation allocation guideline development for VTA's recently passed Measure B funds that enables implementation of District priority projects. City of Los Altos, El Camino Real Commercial Thoroughfare (CT) Zoning The District supports zoning definitions within the City of Los Altos' El Camino Real Corridor that continue to afford the District flexibility in its consideration of options for its new Administrative Office. Attachment 4 2018 TENTATIVE LEGISLATIVE CALENDAR COMPILED BY THE OFFICE OF THE SECRETARY OF THE SENATE Revised 11/16/16 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. 3 Legislature Reconvenes (J.R. 51(a)(4)). Jan. 10 Budget must be submitted by Governor (Art. IV, Sec. 12(a)). Jan. 12 Last day for policy committees to hear and report to fiscal committees fiscal bills introduced in their house in the odd-numbered year (J.R. 61(b)(1)). Jan. 15 Martin Luther King, Jr. Day. Jan. 19 Last day for any committee to hear and report to the floor bills introduced in that house in the odd-numbered year (J.R. 61(b)(2)). Last day to submit bill requests to the Office of Legislative Counsel. Jan. 31 Last day for each house to pass bills introduced in that house in the odd-numbered year (J.R. 61(b)(3), (Art. IV, Sec. 10(c)). 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. 16 Last day for bills to be introduced (J.R. 61(b)(4), (J.R. 54(a)). Feb. 19 Presidents’ Day. 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. 22 Spring Recess begins upon adjournment of this day’s session (J.R. 51(b)(1)). Mar. 30 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. 2 Legislature Reconvenes from Spring Recess (J.R. 51(b)(1)). Apr. 27 Last day for policy committees to hear and report to fiscal committees fiscal bills introduced in their house (J.R. 61(b)(5)). 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 11 Last day for policy committees to hear and report to the floor nonfiscal bills introduced in their house (J.R. 61(b)(6)). May 18 Last day for policy committees to meet prior to June 4 (J.R. 61(b)(7)). May 25 Last day for fiscal committees to hear and report to the floor bills introduced in their house (J.R. 61(b)(8)). Last day for fiscal committees to meet prior to June 4 (J.R. 61(b)(9)). May 28 Memorial Day. May 29- June 1 Floor Session only. No committees, other than conference or Rules committees, may meet for any purpose (J.R. 61 (b)(10)). *Holiday schedule subject to Senate Rules committee approval Page 1 of 2 Attachment 5 2018 TENTATIVE LEGISLATIVE CALENDAR COMPILED BY THE OFFICE OF THE SECRETARY OF THE SENATE Revised 11/16/16 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 June 1 Last day for each house to pass bills introduced in that house (J.R. 61(b)(11)). June 4 Committee meetings may resume (J.R. 61(b)(12)). June 15 Budget Bill must be passed by midnight (Art. IV, Sec. 12(c)(3)). June 28 Last day for a legislative measure to qualify for the Nov. 6 General Election ballot (Elections code Sec. 9040). June 29 Last day for policy committees to hear and report fiscal bills to fiscal committees (J.R. 61(b)(13)). 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 July 4 Independence Day. July 6 Last day for policy committees to meet and report bills (J.R. 61(b)(14)). Summer Recess begins upon adjournment provided Budget Bill has been passed (J.R. 51(b)(2)). 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. 6 Legislature Reconvenes (J.R. 51(b)(2)). Aug. 17 Last day for fiscal committees to meet and report bills (J.R. 61(b)(15)). Aug. 20-31 Floor Session only. No committees, other than Conference and Rules Committees, may meet for any purpose (J.R. 61(b)(16)). Aug. 24 Last day to amend on the floor (J.R. 61(b)(17)). Aug. 31 Last day for each house to pass bills, except bills that take effect immediately or bills in Extraordinary Session (Art. IV, Sec. 10(c), (J.R. 61(b)(18)). Final Recess begins upon adjournment (J.R. 51(b)(3)). *Holiday schedule subject to Senate Rules committee approval IMPORTANT DATES OCCURRING DURING INTERIM STUDY RECESS 2018 Sept. 30 Last day for Governor to sign or veto bills passed by the Legislature before Sept. 1 and in the Governor’s possession on or after Sept. 1 (Art. IV, Sec. 10(b)(2)). Nov. 6 General Election Nov. 30 Adjournment Sine Die at midnight (Art. IV, Sec. 3(a)). Dec. 3 12 Noon convening of the 2019-20 Regular Session (Art. IV, Sec. 3(a)). 2019 Jan. 1 Statutes take effect (Art. IV, Sec. 8(c)). Page 2 of 2 Attachment 5 Midpeninsula Regional Open Space District Board Policy Manual Positions on Ballot Measures and Legislative Advocacy Policy 1.11 Chapter 1 – Administration and Government Effective Date: 4/13/16 Revised Date: N/A Prior Versions: N/A Board Policy 1.11 Page 1 of 3 Purpose To establish a policy governing positions on local and state ballot measures/propositions and state and federal legislative advocacy. It is intended to cover all matters before the Legislature and the voters. Definitions For the purposes of the Positions on Ballot Measures and Legislative Advocacy policy, the following terms and definitions shall be used: Measure – may be included on a municipal, county, or district ballot and includes ordinances, initiatives, referenda, advisory measures, issuance or refunding of bonds, city or county charter amendments, or any other measure or proposition a legislative body may submit to the voters within the body’s jurisdiction. Ballot Proposition – can be a referendum or an initiative measure that is submitted to the electorate for a direct decision or direct vote. Propositions may be placed on the ballot by the California State Legislature or by a qualifying petition signed by registered voters. Initiative – power of the electors to propose legislation, and to adopt or reject them. Any proposed ordinance may be submitted to the legislative body by means of a petition. Referendum – applies to the process for repealing newly enacted legislation. Within specified time limits, the electors may file a petition protesting the adoption of that legislation. Local Legislation – typically ordinances, which are the laws of a city, charter, or district, often having the force of law, but only within the local jurisdiction. State or Federal Legislation – bills or proposed legislation under consideration by the legislature at the state or federal level. Attachment 6 Board Policy 1.11 Page 2 of 3 Policy 1. Positions on Matters Before the Voters a. From time to time the Board of Directors may be asked or may desire to take a position on local or state measures. The Board may consider taking a position on the measure/proposition if the measure/proposition: i. Would directly impact the District’s finances, responsibilities, legal authority, or operations; AND ii. Is in line with or inconsistent with the District’s mission and/or commitment to preserve open space within its boundaries and sphere of influence. The Board, by majority vote, may direct the General Manager to research the measure/proposition and return to the Board at a future meeting with information and a General Manager recommendation. At that time, the Board may vote to take a position on a measure/proposition. b. Measures/propositions determined to not impact District business may nonetheless be analyzed by the General Manager when directed by a majority vote of the Board, of which the analysis report would include possible alternatives for Board action, but no position recommendation. 2. Local, State, and Federal Legislative Advocacy a. The Legislative, Funding, and Public Affairs Committee (LFPAC) receives periodic updates regarding the District’s legislative program. When LFPAC determines that proposed legislation may affect District business, it may direct the General Manager to prepare a recommendation for consideration by the full Board or where there is not adequate time to convene the full Board, may direct the General Manager to take action to support or oppose the legislation without full Board approval. In such cases, the General Manager or designee shall report to the Board any actions taken to support or oppose legislation at or before the next Board meeting. b. When time is so short that neither the full Board nor LFPAC can be convened to consider positions to support or oppose local, state or federal legislation, the General Manager is authorized to take a position on behalf of the District if the legislation: i. Is related to the District’s mission; AND ii. Would directly impact the District’s business, such as project delivery, operations, finances, legal authority, or other District responsibilities; AND iii. The position being taken is consistent/inconsistent with existing District policy, past action, or District Strategic Plan; OR iv. The legislation carries other considerations that make it contrary to the District’s interests. In such instances, the General Manager or designee shall report to the Board any actions taken to support or oppose the legislation at or before the next Board meeting. c. Full Board action is required regarding legislation that is not clearly within the criteria listed above under Section 2.b. or guided by direction previously given by LFPAC. Attachment 6 Board Policy 1.11 Page 3 of 3 3. Full Board action is required to support or oppose any type of grassroots advocacy action, such as social, political, or economic movements, that are not legislation. 4. Board members representing the District in their official capacity on regional or other bodies may, at his or her discretion, take actions based on the principles above consistent with previously approved Board positions and policies. 5. This policy is not intended to limit the prerogative of individual Board members from expressing their individual support for or opposition to any local ballot measure, State proposition, State or Federal legislation, or grassroots advocacy actions. However, in doing so, the member should clearly state they are speaking for themselves, and not in an official capacity on behalf of the Board or the District. Individual Board Members who take a position in support or opposition to ballot measure or legislation for which the Board has not previously taken a position are encouraged as a professional courtesy to include the language for identification purposes only parenthetically following their signature referencing their position on the Board. Attachment 6 BOND OVERSIGHT COMMITTEE – MEASURE AA R-18-36 Meeting 18-14 April 11, 2018 AGENDA ITEM 5 AGENDA ITEM Report from the Bond Oversight Committee to the Board of Directors for the review period from July 1, 2016 to June 30, 2017. COMMITTEE RECOMMENDATION Accept the Measure AA Bond Oversight Committee report for FY2016-17 SUMMARY The Bond Oversight Committee (BOC, Committee) was appointed by the Board of Directors as a component of implementing Measure AA. The BOC has the following three responsibilities for each of the years the Measure AA general obligation tax is collected or revenues expended: 1. Review Plan expenditures on an annual basis to verify conformity with the Expenditure Plan. 2. Review the Midpeninsula Regional Open Space District’s (District) Annual Audit and Annual Accountability report and present the Committee’s findings to the Board at a public meeting. 3. Review any proposed amendments to the Expenditure Plan. District staff compiled a report for BOC review covering the period from July 1, 2016 to June 30, 2017. The BOC met three times to review and amend Agreed-Upon Procedures, review sample transactions, and develop the report to the Board of Directors on the BOC’s findings and recommendations. The BOC would like to acknowledge that the changes requested as part of the 2016 Final BOC Report to the Board were incorporated into the process for this year. The District did not submit any proposed amendments to the Expenditure Plan. In the opinion of the BOC, the Schedule of Program Expenditures as presented in the Measure AA Bond Annual Accountability Report covering the period from July 1, 2016 to June 30, 2017 fairly represents and is in accordance with the Measure AA Expenditure Plan. In coming to this opinion, the BOC reviewed the Annual Accountability Report, sampled transactions representing 62% of the Fiscal Year 2016-17 Measure AA expenditures, requested additional documentation as needed, and reviewed a letter from the District’s external auditor outlining their audit objectives, audit method, and sampling process for their audit of Measure AA expenditures. R-18-36 Page 2 In conclusion, the BOC would like to acknowledge the professionalism and responsiveness of District staff in supporting the work of the Committee. DISCUSSION Committee Formation The Measure AA ballot included a section to establish the Bond Oversight Committee: “An Independent Citizen Oversight Committee will be formed to verify expenditures of bond proceeds. The Independent Citizen Oversight Committee will consist of seven at- large members, all of whom shall be District residents. The Citizen Oversight Committee will be selected by the Board of Directors and interviewed and approved in open session, and will be subject to the conflict of interest constraints of the California Political Reform Act.” (NOTE: the independent Citizen Oversight Committee was established as the Bond Oversight Committee.) As an integral part of the implementation of Measure AA, the Board of Directors adopted, as part of the Board Policy Manual, the Measure AA Oversight Committee Bylaws, Policy 1.10 with the stated purpose: The Measure AA Bond Oversight Committee (Committee) is appointed by the Board of Directors (Board) for the Midpeninsula Regional Open Space District (District) in order to promote transparency, and ensure oversight and accountability for all funds collected and allocated under Measure AA. Committee Composition In 2016, applications were received from citizens interested in serving on the BOC. The Board reviewed the applications and after interviewing the top candidates, appointed the Bond Oversight Committee: Paul Betlem Carla Dorow Elizabeth Eischen Denise Gilbert Tom Scannell Bruce Tolley Jo Zientek Committee Activity January 11, 2018 meeting The Committee voted to select Paul Betlem as Chair and Denise Gilbert as Vice-Chair. Staff presented the Annual Accountability Report for the review period from July 1, 2016 to June 30, 2017 (see Attachment 2). The structure of the report was reviewed and explained in the following chapters: - Executive Summary - Priority Portfolio Actions by Region (from the Measure AA Expenditure Plan) R-18-36 Page 3 - Portfolio Expenditure Summary (Numerically by Portfolio Number) - Financial Report by Project - Annual Financial Audit Report, Chavan & Associates, LLP, June 30, 2017 The Annual Accountability Report was discussed and questions from BOC members were answered by staff. The BOC amended the Agreed-Upon Procedures previously approved on January 31, 2017 to request the following samples: 4 Expenditures related to land purchases 10 non-land expenditures with the highest dollar values 6 assorted project expenditures not previously tested in prior BOC reviews From the list of transactions, as provided by staff, the BOC selected the transactions on which supporting documentation were provided. The samples selected of the land purchase expenditures cover 10.8% of the total Measure AA expenditures for Fiscal Year 2016-17 and the samples selected of the non-land expenditures cover 51.2%, for a combined sample coverage of 62% of the expenditures. January 31, 2018 meeting and follow-up On January 31, the Committee and staff discussed documentation supporting the transactions selected in the samples. Based on a request from the Committee, staff followed up the discussion by providing additional clarifications, supplemental documentation regarding the District’s signature authorization process, retainage policy, internal controls over retainage, and invoice corrections. In addition, the BOC requested a letter from the District’s external auditor, Sheldon Chavan from Chavan & Associates. This letter dated February 5, 2018 outlined the audit objectives, audit method, and sampling process that were followed for the audit of Measure AA expenditures. A subsequent email dated February 15, 2018 stated that the sample covered approximately 80.4% of the Measure AA expenditures. Finally, the BOC requested that staff make selected changes to the supporting documentation provided to the BOC next year in order to facilitate BOC review. This includes a list of project managers associated with the sample transactions, and to clearly identify which of the Accomplishments in the Annual Accountability Report were the result of Measure AA-funded projects and which are related to Measure AA projects but are not funded by Measure AA. In Section 5 of the Memo dated February 14 to the BOC, staff outlined that for future reports to the BOC, staff will provide the following information to help make expenditure reviews easier: o Each transaction or set of transactions will include a brief narrative as appropriate to anticipate reviewer questions such as:  Accounting method (i.e. application of contract retention and/or accounting policy)  Type of document, if not an invoice (i.e. Fee schedule)  Explanation for oddly-named transactions (i.e. “laundry site” and “streambed fee” ) o Invoices indicating adjustments or amendments to base contract amounts will include change orders as supporting documentation. R-18-36 Page 4 March 1, 2018 meeting The BOC approved the final report to then forward to the full Board of Directors. FISCAL IMPACT No fiscal impact. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE This item is not a project subject to the California Environmental Quality Act. NEXT STEPS After the Annual Audit and Report for the Fiscal Year 2017-18 is completed, the BOC will reconvene to review the transactions during that fiscal year and report their findings and/or recommendations to the Board of Directors in 2019. Attachments: 1. Materials provided to the Measure AA Bond Oversight Committee may be viewed on the Committee’s web page: http://www.openspace.org/our-work/measure-aa/oversight 2. Schedule of Program Expenditures from the District’s Independent External Auditor’s Report Responsible Department Head: Stefan Jaskulak, Chief Financial Officer/Director of Administrative Services Prepared by: Measure AA Bond Oversight Committee Contact: Paul Betlem, Measure AA Bond Oversight Committee Chair Attachment 1 Materials provided to the Measure AA Bond Oversight Committee may be viewed on the Committee’s web page: http://www.openspace.org/our-work/measure- aa/oversight Expenditures Expenditures from from July 1, 2016 Inception through through Project No.Project Description June 30, 2017 June 30, 2017 20005 New Trail Easement - SFPUC, Ravenswood (MAA 2-2)-$22,603$ 20088 POST Hendry's Creek Restoration (MAA 22-1)-41,330 20101 Lysons Property ( 17-1 MAA )-27,059 20102 Lobner Demolition (MAA 17-2)-128,760 20109 Riggs Property Appraisal - (3-1 MAA)-6,500 20110 Purisima Creek Uplands Lot line Adjustment (3-1 MAA)-13,000 20112 Conservation Easement Upper Alpine Ranch Area (15-1 MAA)-8,695 20113 Preservation of Upper Los Gatos Creek Watershed (22-1 MAA)-5,000 20114 Land Conservation Opportunities MAA 25-1 (Burtons )-150 30503 ECDM Trail Improvements (MAA 4-4)-3,930 30904 Mindego Area - Mindego Hill Trail (MAA 9-4)-34,196 31309 Mt Um Bald Mtn Staging to Summit Trail (MAA 23-2)-17,646 31310 Mt Um Summit Restor & Improv (MAA 23-4)-79,491 31311 Mt Um Trail Overlook & Bridges (MAA 23-5)-243 31500 Measure AA Project 11-1 -728 65101 PCR Harkins Bridge Replacement (MAA 3-4)-108,788 65201 Lower Stevens Canyon Hiking Bridge (MAA 17-4)-103,187 80016 ECdM Creek Watershed Protection Program (MAA 4-3)-45,507 80029 Pond DR05 Repair (MAA 7-5)-150,682 80037 Mindego Grazing Infrastructure (MAA 9-1)-135,748 80038 LHC Grazing Infrastructure - McDonald Ranch Fencing (MAA 5-2)-178,850 AA01 Miramontes Ridge - Gateway to San Mateo Coast 46,600 52,915 AA02 Bayfront Habitat Protection & Public Access Partnerships 212,334 287,168 AA03 Purisima Creek Redwoods: Purisma-to Sea Trail, Watershed/Graze 82,136 457,816 AA04 El Corte de Madera Creek: Bike Trail & Water Quality 10,067 318,751 AA05 La Honda Creek - Upper Recreation Area 215,022 2,107,596 AA07 Driscoll Ranch Public Access, Wildlife Protection, Grazing 913,025 10,828,183 AA09 Russian Ridge: Public Recreation, Grazing & Wildlife Protection 5,634 71,875 AA10 Coal Creek: Reopen Alpine Road for Trail Use 4,286 4,286 AA15 Regional: Redwood Protection & Salmon Fishery Conservation 522,837 3,009,855 AA17 Regional: Complete Upper Stevens Creek Trail 11,237 1,508,575 AA19 El Sereno Dog Park & Connections -715 AA20 South Bay Foothills: Wildlife Passage/Ridge Trail Improvements 101,936 191,974 AA21 CR:Pub Recreation Proj 888,883 1,219,293 AA22 Cathedral Oaks Public Access & Conservation 79,531 639,895 AA23 Mt Um Pub Access/Intrep 12,501,545 15,287,094 AA24 Rancho de Guadalupe Family Recreation 1,291,940 1,591,996 AA25 Loma Prieta Area Public Access -410,000 Total MAA Bond Project Expenditures 16,887,013 39,100,080 Reimbursements from Grants, Contributions, and Other Funds (624,338) (1,635,308) Total MAA Bond Project Expenditures - Net Reimbursements 16,262,675$ 37,464,772$ Midpeninsula Regional Open Space District Measure AA Bond Program Schedule of Program Expenditures June 30, 2017 The notes to the financial statements are an integral part of this statement. 65 Attachment 2 R-18-35 Meeting 18-14 April 11, 2018 AGENDA ITEM 6 AGENDA ITEM Proposed purchase of the 23760 Alamitos Road, LLC Property as an addition to Sierra Azul Open Space Preserve located at 23760 Alamitos Road, San Jose in unincorporated Santa Clara County, Assessor’s Parcel Numbers 562-23-007. ACTING GENERAL MANAGER’S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt under the California Environmental Quality Act, as set out in the staff report. 2. Adopt a Resolution authorizing the purchase of the 23760 Alamitos Road, LLC property at a cost of $2,800,000 with corresponding authorization for a Fiscal Year 2017-18 budget increase of the same amount. 3. Adopt a Preliminary Use and Management Plan for the property, as set out in the staff report. 4. Withhold dedication of the 23760 Alamitos Road, LLC property as public open space. 5. Authorize the Acting General Manager to enter into a grant agreement with the Gordon and Betty Moore Foundation to receive $750,000 for property acquisition costs. SUMMARY The Midpeninsula Regional Open Space District (District) has an opportunity to purchase the 153.59-acre 23760 Alamitos Road, LLC property (Property) at a price of $2,800,000 as an addition to Sierra Azul Open Space Preserve (Preserve). The property offers high natural resource, wildlife connectivity, and trail connectivity value and the potential to recover sensitive riparian habitat through creek restoration work. Time is of the essence and avoidance of a foreclosure sale is why this item is coming to the Board of Directors at this time to allow the District to enter into a purchase agreement. To proceed with the recommended purchase, a line item budget increase of $2,800,000 to the Fiscal Year 2017-18 budget is required, which is expected to be partially offset with $750,000 in funding from the Gordon and Betty Moore Foundation (GMBF). This report contains a description of the Property, a Preliminary Use and Management Plan, findings of the environmental review, the purchase terms and conditions, and financial considerations. DISCUSSION The 19,030-acre Sierra Azul Open Space Preserve (Preserve) bounds the Property on two sides. The Property is situated at the confluence of Alamitos and Barret Creeks, and drains into R-18-35 Page 2 Almaden Reservoir. The Property is visible from the Preserve and Almaden Quicksilver County Park. This purchase advances Measure AA Portfolio #23 Sierra Azul Open Space Preserve: “Mt. Umunhum Public Access and Interpretation Projects,” which includes the preservation of additional open space and completion of wildlife corridors. The purchase of the Property would preserve and improve water quality and riparian habitat along two perennial creeks, protect forested uplands within the Alamitos Creek watershed, and further the connection of protected open space and wildlife corridors between District and Santa Clara Valley Open Space Authority (Authority) lands. The purchase also facilitates future trail connections between the District Preserve and the Authority’s Rancho Canada del Oro Open Space Preserve. Property Description and Regional Context (see attached map) The rectangle shaped 153.59-acre property consists of one legal parcel, situated in unincorporated Santa Clara County. Access to the Property is via Alamitos Road, which is a public County owned and maintained road. The Property rises to approximately 1,500 feet in elevation and has views of the Preserve and Almaden Quicksilver County Park. The Property contains approximately 2,458 linear feet of Alamitos Creek and 2,089 linear feet of Barret Creek, which is why the Property is commonly referred to as “Twin Creeks.” Alamitos and Barret Creeks converge on the Property before flowing into Almaden Reservoir. Vegetation comprises a mix of hardwood forest (California bay-coast live oak), grassland, riparian vegetation, and chaparral, which is a fire-dependent vegetation. The parcel hosts several uncommon native communities, including manzanita, serpentine and riparian woodlands with areas of sensitive white alder. The riparian vegetation buffering Alamitos and Barret Creeks is considered sensitive and biologically significant, offering an aquatic linkage to other larger streams. The nearby Almaden Reservoir is home to western pond turtle, a California species of special concern. This property is also located within a terrestrial linkage for a large number of animal species between the Santa Cruz Mountains and the Diablo and Gabilan ranges. Land Use and Improvements The Property contains a number of dwellings in poor condition. There are approximately 42 structures, consisting of 37 dwellings and accessory buildings. Most are located in very close proximity to Alamitos and Barret Creeks, with some cantilevering over the perennial creeks. Only three dwellings are located outside a 100-foot creek setback. A single water well, associated piping, individual propane tanks, and overhead electrical utilities serve the improvements. Wastewater from the dwellings is dispersed to individual septic systems or holding tanks, many located within 100 feet of a creek. There is also a large community swimming pool and separate kids pool on the site. Originally developed in the 1930’s as a summer resort with rental cabins, the structures were extensively modified to serve as year-round residences in the 1960’s and 1970’s, and the property was held for rental income. In recent years, the County has ordered the demolition of at least two structures. Several bridges cross Alamitos and Barret Creeks to provide access to the dwellings and adjacent properties in Barret Canyon to the east. A firebreak on the ridgeline of the property was reopened by Cal Fire during the 2016 Loma Fire. Alamitos Road serves and crosses the Property. In addition, a private dirt road known as “Canyon Road” follows Barret Creek and crosses the Property. R-18-35 Page 3 Code Violations, Nuisance Issues, and Lack of Habitability On or about June 2015, Santa Clara County (County) became aware of numerous code violations on the Property, including but not limited to the following: (a) substandard housing conditions due to the lack of adequate sanitation and potable water; (b) unpermitted demolition work; (c) unpermitted electrical and plumbing work; (d) fire code violations, and (e) unpermitted septic systems. Due to these violations and habitability problems, the County recorded numerous building code violations against the property in June of 2016. As these issues were not remedied, the County filed a “Notice and Order to Vacate Substandard Buildings” on January 19, 2017, and posted “Do Not Occupy Notices” at each occupied dwelling on February 21, 2017, and all units were vacated by March 20, 2017. All units have remained vacant since. In order to gain compliance and to protect public health, the County filed a code enforcement complaint for nuisance and abatement against the property owner on March 8, 2017, and in May 2017 the court ordered the property owner to take certain actions to bring the dwellings into compliance with County health and safety standards. As of the date of this Board Report, the seller has not completed all the required actions and the County is still pursuing its civil action. District staff is working with County staff to understand the nature of these violations and identify the measures necessary to address and remove these conditions. The County deems the dwellings as uninhabitable structures. Given the lack of habitation for over a year, the County has the authority under the zoning code to eliminate the possibility of reusing the units as residential structures in the future. With the number of structures in poor condition, proximity of the structures and septic systems to the creek, and inadequate wastewater facilities on the Property, the use of the property for human habitation has threatened water quality in the Alamitos Creek Watershed. Santa Clara Valley Water District’s monitoring of the bacterial levels in Barret Creek and Alamitos Creek reveals that bacteria in the watershed is likely originating from this Property. Based on the condition of the structures, poor maintenance practices, and health concerns associated with the proximity of multiple septic systems to the creeks, the Acting General Manager and District staff recommend that all remaining structures be removed from the property. County staff supports the removal of the structures due to the habitability, and public health and safety issues. The cost estimate for demolition and site cleanup is $1,000,000. Water Resources and Rights The Property has a single well, drilled to 395’ below ground surface, with a rated capacity of 1,800 gallons per day. In July 2017, water quality tests on the well showed that the levels for all constituents except iron are below the State Drinking Water limits. USE AND MANAGEMENT Planning Considerations The Property is located in unincorporated Santa Clara County and outside the urban service area or sphere of influence of any incorporated municipality. The Property has a County General Plan designation of Hillside and a County zoning designation of Hillside (HS). In 1999, the Santa Clara County Planning Department found that all open space acquisitions by the District in unincorporated areas comply with the General Plan. Per the County’s Zoning Regulations, recreation, open space, and natural preserves are allowable uses in HS zoning designation. R-18-35 Page 4 If purchased, the Property will be incorporated into the Preserve. Subsequent planning for the Property would be coordinated with the District’s planning efforts for the Preserve and include consultation with appropriate agencies and organizations. Preliminary Use and Management Plan The Preliminary Use and Management Plan (PUMP) establishes a status quo land management approach in the interim between the purchase and the completion of a subsequent long-term plan. The PUMP would take effect at the close of escrow and remain effective until the PUMP is amended or a Comprehensive Use and Management Plan or Preserve Plan is approved for Sierra Azul Open Space Preserve. The PUMP includes securing the site, posting signs, and conducting resource management activities as described more fully below. The Acting General Manager anticipates returning to the Board later this year with a recommended demolition and site cleanup contract to remove all the structures. Other changes to the physical environment, such as future creek and riparian habitat restoration of the property, would also be subject to further environmental review. Public Access: Designate the Property as closed to public use at this time. Signs and Site Security: Install preserve boundary and closed area signs. Work with the two neighboring property owners along Canyon Road to the east to maintain site security. If necessary, hire outside site security services for added surveillance and monitoring until the structures are demolished. Structures and Improvements: Board up and/or secure all structures until demolition is undertaken. Contract for hazardous materials abatement as needed, demolition of structures, clean up, and site restoration for future consideration by the Board. Fences and Gates: Install gates at the two bridge crossings of Alamitos Creek and fencing as necessary to prevent unauthorized entry and use. Roads and Trails: Maintain existing private roads, driveways, and bridges in a serviceable condition in order to access the site and facilitate subsequent demolition and removal of all structures and improvements. Implement maintenance and minor erosion and sediment control measures in accordance with District standards. Water Resources and Water Rights: Maintain existing well and associated improvements. Patrol: Routinely patrol property using existing private and public roads. R-18-35 Page 5 Resource Management: Conduct invasive plant and animal management activities consistent with the District’s Resource Management Policies. Develop plans to remove artificial improvements from the creek channels and to restore the riparian areas for future consideration by the Board. Wildfire Fuel Management: Implement standard District-wide fuel management and defensible space practices consistent with the District’s Resource Management Policies. Name: Name the property as an addition to Sierra Azul Open Space Preserve. Dedication: Indicate the District’s intention to withhold dedication of the subject property as open space at this time. CEQA COMPLIANCE Project Description The project consists of the purchase of the 153.59-acre Twin Creeks Property as an addition to the District’s Sierra Azul Open Space Preserve and concurrent adoption of a PUMP, including fencing, minor erosion and sediment control measures, and minor resource management activities. On behalf of the Board and with Board approval, the Acting General Manager may enter into a grant agreement with the GBMF to receive funding to assist with property acquisition costs. When acquired, the land would be permanently preserved as open space and maintained in a natural condition. Demolition of structures and channel restoration will be undertaken as separate projects and subject to separate environmental determination under CEQA. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt under the California Environmental Quality Act (CEQA) under Article 19, Sections 15301, 15317, 15325, 15330, and Article 20, Section 15378 of the CEQA Guidelines as follows: 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. No alteration or expansion of use at this time beyond activities associated with maintenance of the existing private roads, installation of boundary gates and fencing, and minor activities to implement maintenance and minor erosion and sediment control measures in accordance with District standards. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will acquire fee interest in order to maintain the open space character of the property. Section 15325 (a) and (f) exempts transfers of ownership of interests in land in order to preserve habitat and open space. This acquisition will transfer fee ownership of the property to the District. The property will be preserved as habitat and open space and will be incorporated into the Sierra Azul Open Space Preserve. R-18-35 Page 6 Section 15330 exempts minor clean up actions taken to prevent, minimize, stabilize, mitigate or eliminate the release or threat of release of a hazardous waste or substance associated with the former residential use of the site. Sections 15378 (b) (4) exempts the recommended action to enter into a grant agreement because the creation of government funding mechanisms or other governmental fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment is not considered a project TERMS AND CONDITIONS The Twin Creeks property is proposed for purchase at a sale price of $2,800,000 ($18,230 per acre). The property would be purchased as-is on an all-cash basis. The seller purchased the property for $5,000,000 in 2013 ($2,500,000 was financed). Due to non-payment on the loan (from lack of tenants, lack of rental income, and the existing lawsuit) the property is now in foreclosure. The Notice of Default was recorded on January 2, 2018, which means that the lender could take action to sell the property as of April 2, 2018 in order to recover its funds. The lender initiated the foreclosure process on April 2, 2018, which allows a minimum of 30 days (May 2, 2018) before foreclosure sale would occur. The lender has indicated a willingness to delay the foreclosure upon the seller and District entering into a purchase and sale agreement. The District’s purchase would be canceled in the event that the lender proceeds with a foreclosure sale. When considering this purchase, the demolition and restoration of the Property needs to be accounted. The initial estimates for demolition and complete creek restoration is approximately $3,000,000 ($1,000,000 for demolition and $2,000,000 for creek restoration). It is anticipated that the demolition work will occur in the summer or fall of 2018 and the creek restoration will occur in 2021 and/or 2022. Grant funding would be sought for the creek restoration. Given the public safety and nuisance concerns regarding the structures, the Action Plan and Budget for Fiscal Year 2018-19, which is currently under refinement, would be updated to replace other planned demolition projects with the demolition of structures on this property. The all-in cost for this purchase, including the restoration is estimated to be approximately $5,800,000. The Gordon and Betty Moore Foundation has recently invited a $750,000 proposal, which, if successful, would contribute to 27% of the acquisition costs. The proposal is currently being reviewed by GBMF staff and the District will know whether the proposal is approved by the close of escrow. Approval and receipt of the GBMF grant funds will be reported to the Board at a future Board meeting. Since a funding agreement has not been approved by GBMF, the Board is asked to make its purchase determination upon payment of the full purchase price. The property would be purchased on an “As-Is” basis. Staff has been conducting significant due diligence investigations on the property to reduce any unanticipated issues. The due diligence has included the following: meetings with Santa Clara County representatives, including Planning, Building, Environmental Health, Code Enforcement staff and County Counsel’s office; reviewing the status of the code enforcement actions and Santa Clara Valley Water District records related to the Property; analyzing title exceptions; and conducting numerous onsite Property inspections/tours. A Phase 1 environmental investigation is currently underway. If remaining due diligence investigations and conditions are not met satisfactory to the District, the R-18-35 Page 7 District may withdraw from the purchase agreement, and the purchase deposit will be returned to the District. If this occurs, the Acting General Manager would promptly notify the Board of this action. FISCAL IMPACT Land acquisitions brought before the Board for approval include a budget adjustment/increase to the adopted budget. If approved, a budget adjustment/increase of $2,800,000 to the FY2017-18 budget is required. Total Twin Creeks Property purchase (including $50,000 option deposit) $2,800,000 Total Land purchases approved to date for FY 2017-18 $991,000 Total Land Purchases (if approved) $3,791,000 The following table outlines the Measure AA Portfolio #23 budget, costs to date, and the fiscal impact related to the Twin Creeks Property Purchase: MAA 023 - Sierra Azul: Mount Umunhum Public Access and Interpretive Project Portfolio Allocation: $27,972,000 Life-to-date Spent (as of 03/19/2018): $18,879,517 Encumbrances: $398,944 Twin Creeks Property Purchase (including $50,000 deposit): $2,800,000 Future demolition, site cleanup (FY2018-19): $1,000,000 Balance Remaining (Proposed): $4,893,539 There are sufficient funds in the FY2017-18 budget to cover additional expenditures up to $50,000 for site security fencing and gates, boarding up of structures, and miscellaneous costs related to this transaction. Demolition and site cleanup costs of $1,000,000 will use Measure AA Portfolio #23 funds and be budgeted in FY 2018-19, and creek restoration costs ($2,000,000) will use general funds and grants and be budgeted in FY 2020-21. BOARD COMMITTEE REVIEW Due to the potential foreclosure sale and short timeframe related to this potential purchase opportunity, this item was not presented to the Real Property Committee. PUBLIC NOTICE Property owners of land located adjacent to or surrounding the subject property 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, staff would finish the due diligence, prepare to close escrow by April 30, 2018, and take the next steps identified in the PUMP as contained in this report. R-18-35 Page 8 1. If the GBMF proposal is successful, District staff will work with GBMF to finalize the grant agreement in early May (GBMF staff has approved using the funds after the proposal is approved, but before the grant agreement is finalized). 2. The District’s South Area Outpost Field Office will manage the property as an addition to the Sierra Azul Open Space Preserve. 3. Land and Facilities will install gates at the two bridge crossings of Alamitos Creek, and install temporary fencing as needed along Alamitos Road to provide site security until the demolition work begins. 4. Engineering and Construction will oversee the demolition and site cleanup of the property during the summer/fall of 2018. Attachments: 1. Resolution Authorizing Acceptance of Purchase and Sale Agreement, Authorizing General Manager or Other Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute any and all Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of 23760 Alamitos Road, LLC) 2. Location Map Responsible Department Manager: Michael Williams, Real Property Manager Prepared by: Allen Ishibashi, Senior Real Property Agent Elish Ryan, Real Property Planner III Graphics prepared by: Nathan Greig, GIS Technician Anna Costanza, GIS Intern Attachment 1 Resolutions/2018/R-18-__TwinCreeksPurchase 1 RESOLUTION 18-__ RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AND SALE AGREEMENT, AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF 23760 ALAMITOS ROAD, LLC) The Board of Directors of Midpeninsula Regional Open Space District does hereby resolve as follows: SECTION ONE. The Board of Directors of Midpeninsula Regional Open Space District (District) does hereby accept the offer contained in that certain Purchase and Sale Agreement between 23760 Alamitos Road, LLC, and the Midpeninsula Regional Open Space District, a copy of which purchase agreement is attached hereto and by reference made a part hereof, and authorizes the President of the Board of Directors, General Manager, or other appropriate officer to execute the Agreement and all related transactional documents on behalf of the District to acquire the real property described therein (“Property”). SECTION TWO. The Board of Directors of Midpeninsula Regional Open Space District authorizes the expenditure of $2,800,000.00 covering the purchase price funds for the Property, which includes a deposit of $50,000. SECTION THREE. The Board of Directors of Midpeninsula Regional Open Space District authorizes amending the Budget and Action Plan for the Midpeninsula Regional Open Space District for Fiscal Year 2017-18 by increasing the Measure AA Capital budget in the amount of $2,800,000.00. Except as herein modified, the Fiscal Year 2017-18 Budget and Action Plan, Resolution No. 17-14 as amended, shall remain in full force and effect. SECTION FOUR. The General Manager, President of the Board of Directors, or other appropriate officer is authorized to execute a Certificate of Acceptance for the Grant Deed on behalf of the District. SECTION FIVE. The General Manager or the General Manager’s designee is authorized to provide notice of acceptance to the seller, sign all escrow documents and to extend escrow if necessary. SECTION SIX. The General Manager or the General Manager’s designee is authorized to expend up to $50,000.00 to cover the cost of site security, title insurance, escrow fees, and other miscellaneous costs related to this transaction. SECTION SEVEN. The General Manager or the General Manager’s designee is authorized to make management decisions for the Property after the close of escrow such as retaining site security services and other management actions necessary to prepare the Property for demolition and restoration. Attachment 1 Resolutions/2018/R-18-__TwinCreeksPurchase 2 SECTION EIGHT. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents, which do not involve any material change to any term of the Agreement or documents, which are necessary or appropriate to the closing or implementation of this transaction. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ________, 2018, at a regular meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Secretary Board of Directors President Board of Directors APPROVED AS TO FORM: General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk S 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 A L M A D E N Q U I C K S I L V E R C O U N T Y PA R K 23760 Alamitos Road, LLC Property APN: 562-23-007 153.59 Acres To Mt. Umunhum HORSTMEYER (POST) HORSTMEYER (POST) R A N C H O C A N A D A D E L O R O O S P H e r b e r t C r e e k A l a m itos C r e e k Jac q u e s G u l c h B a r r e t C r e e k Alamit o sRoad A l a m itos R o a d Hicks Rd B a l d M o u ntain Trail C a n y o n R o a d Almaden Reservoir Fletcher Pond Midpeninsula Regional Open Space District (MROSD) March 2018 23760 Alamitos Road, LLC Property Pa t h : G : \ P r o j e c t s \ S i e r r a _ A z u l \ A l a m i t o s _ R o a d \ P P B o a r d R e p o r t _ 2 0 1 8 1 2 9 \ A l a m i t o s R d _ P P B o a r d R e p o r t _ 2 0 1 8 0 3 2 7 . m x d Cr e a t e d B y : n g r e i g 0 0.50.25 MilesI MROSD Preserves Private Property While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features. MROSD Conservation or Agriculture Easement Horstmeyer (POST) 23760 Alamitos Road, LLC Property Area of Detail Mt. Umunhum S I E R R A A Z U L O S P Los Gatos Other Protected Lands Attachment 2 DATE: April 11, 2018 MEMO TO: MROSD Board of Directors THROUGH: Ana Ruiz, AICP, Acting General Manager FROM: Joshua Hugg, Governmental Affairs Specialist SUBJECT: State budget request to support District purchase of San Jose Water Company land _____________________________________________________________________________ SUMMARY Senator Beall and Assemblymember Kalra submitted the attached letter to the Senate and Assembly Budget Committee Chairs requesting $10 million from the Habitat Conservation Fund (HCF) to support the purchase of the San Jose Water Company lands in the Upper Guadalupe and Los Gatos Creek watersheds (Attachment 1). BACKGROUND Passage of the District-sponsored bill SB 492 (Beall) in October 2017 has enabled the District to begin the groundwork to acquire 6,350 acres of San Jose Water Company lands in the Upper Guadalupe and Los Gatos Creek watersheds (Attachment 2). Preliminary cost estimates for the acquisition exceed District allocations. Therefore, outside funding is critical to enable the purchase. Desiring to assist with completing the transaction, Senator Jim Beall formulated a state budget allocation request of $10 million to be drawn from the state’s Habitat Conservation Fund to supplement District funds. He has also, with District assistance, recruited Assemblymember Ash Kalra to put forward a parallel request in the State Assembly to increase its chances of passage. Co-signing the request are many of the legislators who supported SB 492:  Senator Jerry Hill  Assemblymember Marc Berman  Assemblymember Kansen Chu  Assemblymember Kevin Mullin  Assemblymember Mark Stone NEXT STEPS District staff will actively support the offices of Senator Beall and Assemblymember Kalra in recruiting support from local and state partners, as well as meeting with state legislators as necessary. ATTACHMENTS 1. Budget request letter to Senate and Assembly Budget Committee Chairs 2. Map of San Jose Water Company lands under consideration Attachment 1 Attachment 1 Attachment 2 Page 1 of 5 DATE: April 11, 2018 MEMO TO: MROSD Board of Directors THROUGH: Ana Ruiz, AICP, Acting General Manager FROM: Gordon Baillie, Management Analyst II SUBJECT: Visitor Use Level Measurement Project _____________________________________________________________________________ SUMMARY The Visitor Services Department initiated the Visitor Use Level Measurement Project (Project) in Fiscal Year 2016-17. The focus of the Project was to gather visitor use information at the front entrance to Rancho San Antonio County Park and Open Space Preserve and pilot visitor use surveys at other preserves. An intern, Michael Cappello, was employed from October 2016 to December 2017 to install and monitor visitor use counters at 13 locations spread across the Midpeninsula Regional Open Space District’s (District) preserves. He also monitored two previously installed counters. Counters are either magnetometers (measuring cars, and in one case bicycles), or infrared (a beam across a trail which counts people). Data was downloaded monthly, to ensure that the devices were working and to replace batteries as necessary. The intern also recorded the number of people in cars (occupancy levels) for vehicles entering Rancho San Antonio County Park and Open Space Preserve through the main entrance from Cristo Rey Drive. The Project was designed to be a pilot-project to test the equipment and to be the basis for an ongoing method of data collection. RESULTS Rancho San Antonio Results: Measuring the occupancy level of vehicles entering Rancho San Antonio County Park and Open Space Preserve through the main entrance from Cristo Rey Drive was a major focus of the Project. The intern observed and recorded the number of people in each vehicle that entered the park. Observations were done in one-hour increments, and observations were conducted over 143 days for a total of 973 hours. The occupancy levels were combined with data recorded by the vehicle counter to provide estimated visitation levels for the park and preserve. Occupancy levels were highest on the weekends and holidays, when families tended to visit the preserves. Page 2 of 5 Occupancy levels also varied according to time of day, with people coming to run/exercise in the morning and later afternoons, while parents with children were more likely to visit during the later morning and early afternoon. Staff have anecdotally noted these same visitation patterns for many years, which the intern confirmed through visual observations. The average occupancy levels by hour are shown in the graph below. Based on the intern’s observations, combined with data from the vehicle counter, the number of vehicles and people entering Rancho San Antonio through the main entrance is shown to the right. Visitor numbers are estimates based on the average vehicle occupancy multiplied by the number of vehicles counted. The actual visitation to Rancho San Antonio County Park and Open Space Preserve is higher than the table estimates since these measurements do not take into account walk-in access at the six different neighborhood access points, via regional trail connections, and from the Rhus Ridge parking lot. However, the vast majority of Park and Preserve visitors drive in through the front entrance. 1.00 1.10 1.20 1.30 1.40 1.50 1.60 1.70 Av e r a g e V e h i c l e O c c u p a n c y Hour RSACP: Average Vehicle Occupancy/ Hour Page 3 of 5 The winter of 2016/17 was quite wet, whereas the winter of 2017/18 was quite dry. Longer term monitoring over the course of several years will provide a better picture of the average visitation levels. Visitor Counter Locations The following table and map shows the locations of all of the counters (and the counter type). Specific counts for each of the locations listed above can be obtained by staff from the TrafX website. Some sites may need adjustments to the counter settings based on the results received. Staff is still fine-tuning the counters to accurately reflect visitation, and analyzing the data collected to weed out errors. This information is expected to be made available to the Board and public by winter, 2018. Mount Umunhum Visitation Levels A vehicle counter was installed on Mt Umunhum Road just below Bald Mountain, and a trail counter was installed on the Mt Umunhum Trail. Both counters recorded high levels of use when the summit was first opened, which have since leveled off with occasional peaks during holiday and school breaks. The counters suffered malfunctions later in the year, which have since been fixed. The results for the period when the counters were functioning correctly are shown below. Page 4 of 5 Scale on right is for Trail Counter In addition to the vehicle counter data, we also have additional car count data from the radar speed limit signs that were installed to inform visitors of the speed limit. The radar counter is located on a speed sign just above Bald Mountain on Mt Umunhum Road. The counts by this device are consistent with the car counter and continue further out through March 2018. ** Data was removed for the dates of Thursday November 16th, Thursday March 1st, Tuesday March 13th, and Thursday March 15th due to corrupted data.** Limitations on Data Collected: • The primary limitation is that the data is only valid for the locations where the data was collected. The data does not represent an estimate of the overall visitation levels for all District preserves. This project was not designed or intended for this purpose. 0 200 400 600 800 1,000 0 500 1,000 1,500 2,000 2,500 3,000 3,500 Mount Umunhum Road and Trail Counter Weekly Visitation Levels From Opening Through November, 2017 Car Counter Trail Counter 0 500 1,000 1,500 2,000 2,500 3,000 Weekly Vehicle Totals Since Opening (Monday-Sunday) Page 5 of 5 • The counters were installed at various times during the 1.25-year project timeframe. To develop accurate visitation estimates, data collection over a period of several years is recommended. • There were technical difficulties with some of the counters, as staff learned how to better calibrate the sensors for the locations and type of use. The project was designed to be a pilot- project, so technical challenges with the equipment were expected. Project Maintenance With the completion of the internship, responsibility for downloading data and checking on battery condition has been transferred to ranger staff (one for each of the three offices) with the responsibility for specific counters being delegated based on their location. Three rangers have received the necessary training and equipment (TrafX shuttle device) to download the data on a monthly basis. Rangers will continue to collect the data and the Visitor Services Management Analyst will analyze the data and prepare findings reports. NEXT STEPS Data collected will be shared with the consultant who is working on the Preserve Use Survey, which was presented to the Board at the meeting of March 14, 2018 (see report R-18-04). During that meeting, the Board expressed interest in developing District-wide use level estimates. The data collected by Visitor Services may assist the consultant in developing those estimates. FISCAL IMPACT Funds for the employment of the intern and purchase of the equipment were budgeted and expended in Fiscal Year 2016-17 and Fiscal Year 2017-18. Minor expenses for continued maintenance of the counters will be incurred as the program goes forward. The primary cost will be staff time for the maintenance and monitoring of the counters. The three rangers now assigned to the project will be checking the counters and downloading the data once per month. They will be doing this while performing their regular patrol duties. It is estimated that this will require about four hours per ranger per month. This does not include driving time, since they are already on patrol. If additional counters are desired then the cost is approximately $600 per counter, with some additional costs for containers to hold them, installation of the counter, and ongoing maintenance and monitoring. From:Jennifer Woodworth Bcc:BOARD; Christine Butterfield; Elaina Cuzick; Stefan Jaskulak Subject:Board Questions Re: 4/11/18 Agenda Date:Wednesday, April 11, 2018 3:46:27 PM Good afternoon all, Below please find the responses to Board questions and comments regarding tonight’s agenda items. Please let me know if you have any further questions. Thanks! Jen Director Riffle My question is about check 77628 to the Hunt Living Trust. Can someone provide more explanation? This is the semi-annual interest payment on a private note from Hunt. The note was executed in 1996 for a land purchase and the principal of $1.5 million is due 2023. Also, I will be pulling Agenda Item 4 from the Consent Calendar. I have questions about AB1414 and SB881. I hope Josh will be available at the meeting. I am supportive, but I have questions. Director Harris Claim 77684 Ninyo and Moore for Rebar Scanning and Corking Service. This check is for Rebar Scanning & Coring Services (Materials Testing) at Alma College through February 23, 2018. Jennifer Woodworth, MMC District Clerk/ Assistant to the General Manager jwoodworth@openspace.org Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 P: (650) 691-1200 - F: (650) 691-0485 E-mail correspondence with the Midpeninsula Regional Open Space District (and attachments, if any) may be subject to the California Public Records Act, and as such may therefore be subject to public disclosure unless otherwise exempt under the Act.