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Home My Public Portal About20170927 - Agenda Packet - Board of Directors (BOD) - 17-23 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 Wednesday, September 27, 2017 Special Meeting starts at 5:00 PM* Regular Meeting starts at 7:00 PM* A G E N D A 5:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION ROLL CALL 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code Section 54957(b)(1) Title of Employee: Controller General Counsel General Manager CLOSED SESSION: CONFERENCE WITH LABOR NEGOTIATORS. Government Code Section 54957.6 Agency designated representatives: Board of Directors Unrepresented Employees: Controller General Counsel General Manager 2. CLOSED SESSION PUBLIC EMPLOYEE APPOINTMENT (GOVERNMENT CODE SECTION 54957) Title: 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 Meeting 17-23 complete a speaker card and give it to the District Clerk. Individuals are limited to one appearance during this section. ADOPTION OF AGENDA SPECIAL ORDERS OF THE DAY • Introduction of staff o Jessica Hoshen - Senior Capital Project Manager o Leigh Guggemos - Capital Project Manager III o Alicia Gonzales – Human Resources Supervisor o Lisa Atwood - General Manager's Office Administrative Assistant o Iain Reilly - Real Property Agent II o Karine Tokatlian - Natural Resources Specialist II o Adriana Rodriguez - Land & Facilities Administrative Assistant o Lea Bair - Administrative Services Administrative Assistant O Rob Scilingo - Open Space Technician CONSENT CALENDAR All items on the Consent Calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. 1. Approve August 9, 2017 Minutes 2. Claims Report 3. Board Response to Written Communications from Mike Liebhold Staff Contact: Coty Sifuentes-Winter, Integrated Pest Management Coordinator General Manager’s Recommendation: Approve the proposed response to Mike Liebhold. 4. Amendment to the Preliminary Use and Management Plan for the Peninsula Open Space Trust (Conley) Property, portion of the Long Ridge Open Space Preserve located on Shingle Mill Road in unincorporated San Mateo County (Assessor’s Parcel Numbers 085-170-020, 085-170-290, and 085-170-310) (R-17-109) Staff Contact: Michael Williams, Real Property Manager General Manager’s Recommendation: Approve an amendment to the Preliminary Use and Management Plan for the Peninsula Open Space Trust (Conley) property, as set out in the staff report. 5. Adopt resolution to reimburse expenditures related to the acquisition of 5050 El Camino from debt proceeds (R-17-112) Staff Contact: Stefan Jaskulak, Chief Financial Officer/ Director of Administrative Services General Manager’s Recommendation: Adopt a resolution which declares the District’s intent to reimburse prior expenditures related to the acquisition of 5050 El Camino from the proceeds of subsequent borrowing. 6. Approval of a Resolution for Application to the Habitat Conservation Fund Program for grant funds to assist in the purchase of the Peninsula Open Space Trust’s Johnston Ranch Uplands property as an addition to Miramontes Ridge Open Space Preserve (R-17-110) Staff Contact: Melanie Askay, Grants Specialist, Administrative Services General Manager’s Recommendation: 1. Determine that the recommended action is exempt from the California Environmental Quality Act (CEQA) as set out in the staff report. 2. Adopt a Resolution of the Board of Directors approving an application for grant funds from the Habitat Conservation Fund Program to assist with the future purchase of the Johnston Ranch Uplands as an addition to Miramontes Ridge Open Space Preserve. 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. 7. Award of Contract to Albion Environmental, Inc. for Archaeological Services at Bear Creek Redwoods Open Space Preserve in FY2017-18 and FY2018-19 (R-17-108) Staff Contact: Matt Baldzikowski, Senior Resource Management Specialist, Natural Resources Department General Manager’s Recommendation: 1. Determine that the recommended action has been evaluated previously under the California Environmental Quality Act. 2. Authorize the General Manager to enter into a multi-year professional services contract with Albion Environmental, Inc. of Santa Cruz, California to provide archaeological services in Bear Creek Redwoods Open Space Preserve in Fiscal Year (FY) 2017-18 and FY2018-19 for a base contract amount of $160,937. 3. Authorize a 20% contingency of $32,188 to be expended only if necessary to cover unforeseen conditions, for a not-to-exceed total contract amount of $193,125. 8. Award of Contract for Environmental Services to Support the Ravenswood Bay Trail Project (R-17-111) Staff Contact: Gretchen Laustsen, Planner III, Planning General Manager’s Recommendation: 1. Authorize the General Manager to enter into a multi-year contract with H.T. Harvey and Associates to provide environmental consulting services to support the Ravenswood Bay Trail Project for a base contract amount of $58,000. 2. Authorize a 15% contingency of $8,700, to be expended only if necessary to cover unforeseen conditions, for a not-to-exceed contract amount of $66,700. INFORMATIONAL MEMORANDUM • Alma College Parking Area and Trail Crossing Project – Crosswalk Safety Review 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 September 22, 2017, at the Administrative Offices of MROSD, 330 Distel Circle, Los Altos California, 94022. The agenda and any additional written materials are also available on the District’s web site at http://www.openspace.org. Jennifer Woodworth, MMC District Clerk August 9, 2017 Board Meeting 17-18 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SPECIAL MEETING MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY Administrative Office 330 Distel Circle Los Altos, CA 94022 Wednesday, August 9, 2017 DRAFT MINUTES SPECIAL MEETING – CLOSED SESSION President Hassett called the special meeting to order at 5:30 p.m. ROLL CALL Members Present: Jed Cyr, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Curt Riffle, and Pete Siemens Members Absent: Nonette Hanko Staff Present: General Counsel Sheryl Schaffner, Human Resources Manager Candice Basnight Public comments opened at 5:00 p.m. No speakers present. Public comments closed at 5:00 p.m. 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code Section 54957(b)(1) Title of Employee: General Counsel President Hassett adjourned the special meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 6:50 p.m. Meeting 17-18 Page 2 REGULAR MEETING President Hassett called the regular meeting of the Midpeninsula Regional Open Space District to order at 7:00 p.m. President Hassett reported the Board met in closed session. General Counsel Sheryl Schaffner reported that in the closed session the Board voted 6-0 to form a Board ad hoc committee to work with a recruitment firm to serve as an advisor for the upcoming recruitment for the General Counsel position. ROLL CALL Members Present: Jed Cyr, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Curt Riffle, and Pete Siemens Members Absent: Nonette Hanko Staff Present: General Manager Steve Abbors, General Counsel Sheryl Schaffner, Assistant General Manager Kevin Woodhouse, Chief Financial Officer Stefan Jaskulak, District Controller Mike Foster, District Clerk/Assistant to the General Manager Jennifer Woodworth, Real Property Manager Mike Williams, Land & Facilities Manager Brian Malone, Planning Manager Jane Mark, Accountant Andrew Taylor, Engineering & Construction Manager Jay Lin, Natural Resources Manager Kirk Lenington, Water Resources Specialist Aaron Hebert, ORAL COMMUNICATIONS No speakers present. ADOPTION OF AGENDA Motion: Director Kishimoto moved, and Director Harris seconded the motion to adopt the agenda. VOTE: 6-0-0 (Director Hanko absent) SPECIAL ORDERS OF THE DAY • Introduction of staff o Trisha Marshall – Open Space Technician o Hayley Edmonston – Climate Resiliency Fellow o Omar Smith – Facilities Maintenance Supervisor CONSENT CALENDAR Director Siemens pulled Item 8, and Director Riffle pulled Item 4 from the Consent Calendar. Public comment opened at 7:15 p.m. Meeting 17-18 Page 3 No speakers present. Public comment closed at 7:15 p.m. Motion: Director Cyr moved, and Director Riffle seconded the motion to approve the Consent Calendar, with the exceptions of Items 4 and 8. VOTE: 6-0-0 (Director Hanko absent) 1. Approve July 26, 2017 Minutes 2. Claims Report 3. Authorization to Award Contract to Ecological Concerns, Inc. for Invasive Weed Removal in FY2017-18, and FY2018-19 (R-17-103) General Manager’s Recommendation: 1. Determine that the recommended action has been evaluated previously under the California Environmental Quality Act. 2. Authorize the General Manager to enter into a multi-year contract with Ecological Concerns, Inc. of Santa Cruz, California to provide invasive species management services in Purisima Creek Redwoods Open Space Preserve in FY2017-18 and FY2018-19 for a base contract amount of $46,000. 3. Authorize a 15% contingency of $6,900 to be expended only if necessary to cover unforeseen conditions, for a not-to-exceed total contract amount of $52,900. 4. Revise and Renew Investment Authority (R-17-105) General Manager’s Recommendation: 1. Revise the Statement of Investment Board Policy to classify investments in the non- renewable energy sector as not permitted 2. Adopt a resolution to renew the District Controller’s investment authority until August 8, 2018. Director Riffle inquired regarding the number of investments affected by the change to the Statement of Investment Board Policy. Chief Financial Officer/Director of Administrative Services Stefan Jaskulak reported there are only a few investments in non-renewable energy of no more than a couple million dollars. Ending these investments will not have a large impact on the District’s investments. Director Riffle suggested the Board might want to consider in the future other areas where the District may decline to invest. Motion: Director Riffle moved, and Director Kishimoto seconded the motion to approve Item 4. VOTE: 6-0-0 (Director Hanko absent) Meeting 17-18 Page 4 5. Contract Amendment with Lettis Consultants International, Inc. (LCI) for Geological Services for the Alma College Cultural Landscape Rehabilitation Project at Bear Creek Redwoods Open Space Preserve (R-17-102) General Manager’s Recommendation: Authorize the General Manager to execute a contract amendment with LCI to complete geotechnical analysis at the former Alma College site at Bear Creek Redwoods, in an amount of $25,000 (which includes an allowance of $10,000 for unanticipated services), for a total not-to-exceed contract amount of $74,990. 6. Implementation of the Stipulation for Judgement and Final Order of Possession with Mount Umunhum Limited Partnership regarding Midpeninsula Regional Open Space District vs The Mount Umunhum Limited Partnership in Superior Court of the State of California for the County of Santa Clara (Case No. 15CV289553) (R-17-104) General Manager’s Recommendation: Adopt a Resolution implementing the grant of an access easement over Mt Umunhum Road to the Mount Umunhum Limited Partnership, with corresponding authorization for a Fiscal Year 2017-18 budget increase of $441,000. 7. Establishing Fiscal Year 2017-2018 Tax Levy for the Midpeninsula Regional Open Space District’s General Obligation Bonds - Series 2015A and Series 2015B (R-17-100) General Manager’s Recommendation: Adopt Resolutions of the Board of Directors of the Midpeninsula Regional Open Space District for each of San Mateo, Santa Clara and Santa Cruz Counties to establish an ad valorem property tax levy of $0.90 per $100,000 (or $0.0009 per $100) in assessed value for the District’s General Obligation Bonds – Series 2015A and Series 2015B (Measure AA). 8. Update Board Policy 6.04 – Board Conference Attendance Policy and Board Policy 6.06 – Meeting Compensation, Reimbursement, etc. (R-17-97) General Manager’s Recommendation: Approve updates to Board Policy 6.04 – Board Conference Attendance Policy and Board Policy 6.06 – Meeting Compensation, Reimbursement, etc. Director Siemens suggested the Board members should be reimbursed for mileage to attend meetings and other District related business. Directors Kishimoto and Riffle spoke against the suggestion stating employees are not compensated for mileage to go to work. Director Harris spoke in favor of reimbursement for mileage to attend meetings not at the District’s administrative office. Director Riffle suggested the District’s policy for employee mileage reimbursements could also apply to Board members. Ms. Schaffner explained Board Policy 6.04 already allows for reimbursement of “travel to Board-authorized conferences or other authorized travel between points within 150 miles of the District’s Administrative Office by the Board Member’s private vehicle shall be at the current rate established by the Internal Revenue Service.” Meeting 17-18 Page 5 Director Siemens suggested the 30-day deadline to submit reimbursement forms should be quarterly. Director Cyr suggested that reimbursement forms could be submitted by the end of the month following the travel. Ms. Schaffner suggested inclusion of the following clause, which was also included in the District’s Administrative Procedure: “Whether or not an employee’s cell phone charges are reimbursed by the District, any records of District business conducted on a personal cell phone or other device (including photos, voicemail, text, and electronic mail) must be made available to the District upon request, including but not limited to when needed to comply with a Public Records Act request.” Motion: Director Cyr moved, and Director Siemens seconded the motion to approve Item 8 with the suggested modifications from Director Cyr and General Counsel Schaffner. VOTE: 6-0-0 (Director Hanko absent) BOARD BUSINESS 9. Amendment Three of the Partnership Agreement with the City of East Palo Alto (R- 17-98) Senior Planner Tina Hugg described the project’s completion to date, including site remediation, building the Cooley Landing Education Center, and roadway improvements. The District’s proposed funding would be used towards completion of an outdoor classroom, new restroom building, and new lighting. Director Riffle requested an update on funding for the maintenance and patrol of the site. City of East Palo Assistant Civil Engineer Fanny Yu reported the City may be interested in entering into an operations and maintenance agreement for maintenance, and will be discussing patrol needs with the City’s police department. Director Kishimoto requested an update regarding the District’s work with the City of East Palo Alto on the Business and Operating Plan. Management Analyst II Dave Jaeckel reported District staff will be meeting with City staff in two weeks for discuss the Business and Operating Plan. Director Kishimoto expressed support for installation of a sunshade in the outdoor classroom area because it can get warm there. Director Harris spoke in favor of installing “Funded by Measure AA” signs on the site because the project is being partially funded by Measure AA. Public comment opened at 8:02 p.m. No speakers present. Meeting 17-18 Page 6 Public comment closed at 8:02 p.m. General Manager Steve Abbors spoke in favor of District Board members reaching out to City of East Palo Alto Council members to begin discussions related to ongoing maintenance and patrol needs. Motion: Director Riffle moved, and Director Siemens seconded the motion to adopt a Resolution authorizing Amendment Three of a Partnership Agreement with the City of East Palo Alto to facilitate completion of Phases IV and V comprised of six specific park elements of the Cooley Landing Vision Plan, and interagency collaboration to develop a business and operating plan for Cooley Landing Park and Education Center. VOTE: 6-0-0 (Director Hanko absent) 10. Award of Contract with MIG, Inc., to provide professional consultant services for a District-wide Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan Update (R-17-99) Planner II Whitney Berry provided the staff presentation describing the history of the District’s current accessibility plan and recent steps to increase accessibility to District preserves and awareness of accessible trails. The District’s self-evaluation and transition plan will include assessment of District policies, identification of barriers to access, and a plan for barrier removal. Public engagement will be key to the process, and at least one Board workshop to discuss the project and recommended transition plan. Director Kishimoto spoke in favor of Board involvement in making policy choices as the self- evaluation and transition plan move forward. Director Siemens suggested defining “transition plan” as part of the report. Public comment opened at 8:26 p.m. Mike Bushue inquired how the self-evaluation and transition plan would affect the District’s ability to open preserves to public access. Planning Manager Jane Mark explained that the transition plan will help guide the building of ADA accessible facilities but will not stop current District work to open facilities to the public. Additionally, the transition plan may be phased in over time. Public comment closed at 8:29 p.m. Motion: Director Kishimoto moved, and Director Siemens seconded the motion to: 1. Authorize the General Manager to enter into a multi-year contract with MIG, Inc., to provide professional services for the District-wide ADA Self-Evaluation and Transition Plan Update for a base contract amount of $179,333. 2. Authorize a 15% contingency of $25,667, to be expended only if necessary to cover unforeseen conditions, for a total not-to-exceed contract amount of $205,000. VOTE: 6-0-0 (Director Hanko absent) Meeting 17-18 Page 7 11. Agreement with RECON Environmental Inc. to Maintain Plants at Nine Revegetation Sites for Three Years (R-17-101) Senior Resource Management Specialist Cindy Roessler described the need for replanting in District preserves to prevent erosion there following construction of trails, parking lots, bridges, and other visitor facilities. Additionally, planting may be done to restore rare species and/or restore properties that have been disturbed by destructive practices prior to District ownership. Ms. Roessler described various restoration techniques, including seeding native grasses and wildflowers, oak acorn planting, and conventional planting. The proposed contract is for three years, covers nine sites, and includes plant protection, replanting, monitoring, and reporting. Directors Riffle and Kishimoto expressed concerns regarding the long-term sustainability of this type of project, including its scalability and per plant cost. Ms. Roessler explained the bid received was below District staff’s estimate for the work and is comparable to similar projects in other preserves. Director Siemens inquired why the contract is not funded by Measure AA funds. Mr. Jaskulak explained that because the contract is for maintenance of the plants, the watering of the plants is not a capital project. The District’s auditor confirmed this conclusion. Public comment opened at 9:02 p.m. No speakers present. Public comment closed at 9:02 p.m. Motion: Director Riffle moved, and Director Siemens seconded the motion to: 1. Determine that the recommended action has been evaluated previously under the California Environmental Quality Act. 2. Authorize the General Manager to approve an agreement with RECON Environmental Inc. for an amount not-to-exceed $615,780 to maintain plants at nine revegetation sites for three years. 3. Authorize a 10% contingency of $61,578 to be expended only if necessary to cover unforeseen conditions for a not-to-exceed total contract amount of $677,358. VOTE: 6-0-0 (Director Hanko absent) INFORMATIONAL REPORTS A. Committee Reports No Committee reports. B. Staff Reports Assistant General Manager Kevin Woodhouse reported on a meeting among District staff, the Friends of Bear Creek Stables, and the current stables operator to discuss and establish Meeting 17-18 Page 8 communication protocols. Periodic meetings of these groups have also been established going forward. Public Affairs Manager Christine Butterfield shared the Mount Umunhum commemorative poster that will be provided to Mount Umunhum Grand Opening attendees. District staff members have been meeting with various stakeholder groups to prepare for future use of the preserve and inform any future Board policy decision related to potential permit use of the trails. Real Property Manager Mike Williams reported his attendance at a meeting of the Pescadero Municipal Advisory Committee. Planning Manager Jane Mark reported on the on the Ohlone Portola Heritage Trail reception on August 2nd. Ms. Mark provided an update on the Dumbarton transportation corridor study and a recent report to the SamTrans Board of Directors. SamTrans staff concluded they cannot accommodate a walking or biking trail corridor, however, District staff is continuing to communicate with SamTrans to look at other options. Mr. Jaskulak reported the District’s Enterprise GIS system went live on August 1st. District staff will be meeting with bond counsel soon to discuss issuing a second traunche of bonds. C. Director Reports The Board members submitted their compensatory reports. Director Kishimoto reported she attended an event sponsored by the California Coastal Conservancy. Director Siemens reported his attendance at the La Honda Open Space Preserve groundbreaking and a meeting of the Montgomery Highlands Homeowners Association. Director Riffle spoke regarding District staff’s presence at the Ohlone Portola Heritage Trail reception and reported his attendance at the La Honda Open Space Preserve groundbreaking. Director Harris reported her attendance at the City Parks Alliance Conference in Minnesota and shared information regarding the sessions there. Director Hassett reported his attendance at the La Honda Open Space Preserve groundbreaking. ADJOURNMENT President Hassett adjourned the regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 9:37 p.m. ________________________________ Jennifer Woodworth, MMC District Clerk page 1 of 3 CLAIMS REPORT MEETING 17-23 DATE 09-27-2017 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 75972 11709 - D-LINE CONSTRUCTORS, INC.Mt Umunhum Summit Project Construction 08/30/2017 1,142,345.64$ 75843 11790 - THE MOUNT UMUNHUM LIMITED PARTNERSHIP Settlement agreement for McQueen Property 08/10/2017 421,000.00$ 76124 11236 - GRADETECH Sears Ranch Road Parking Lot Improvements & Demo of House 09/20/2017 236,898.65$ 75819 11716 - O.C. JONES & SONS, INC.Mt. Umunhum Road Rehab Project Billing thru 6/30/17 08/09/2017 169,096.20$ 75871 11716 - O.C. JONES & SONS, INC.Mt. Umunhum Road Rehab Project Work Completed thru June 2017-CCO 08/16/2017 109,418.67$ 76082 11716 - O.C. JONES & SONS, INC.Mt. Umunhum Road Rehab Project Billing thru 07/31/17 09/14/2017 88,612.41$ 76104 11369 - BANK OF THE WEST COMMERCIAL CARD USA $15.64 Volunteer supplies 09/19/2017 81,329.79$ $1,435.31 Galvanized Fence Panels for Mt. Um, Fuel for District Vehicle 09/19/2017 $195.15 Fuel for District Vehicle, parking fee 09/19/2017 $668.61 Field supplies, tiles, bullfrog control, training 09/19/2017 $734.47 Field Supplies - Trifold ATV Ramp, Gates for Mt. Umunhum Summit 09/19/2017 $15,685.65 Legal Ads for On-Call Contractor, Office Furniture (Planning & E&C), Uniform Supplies, Fuel for District Vehicles (Valley Oil)09/19/2017 $1,253.33 Parts and Trailer Hitches 09/19/2017 $3,391.56 Office & Kitchen Supplies, Tools, Utility Payment, Restroom Fan, First Aid Kits & Hazardous Waste Disposal Fee 09/19/2017 $528.69 Web expenses - Facebook, Google, Mail Chimp, Pantheon Systems and Smugmug Online 09/19/2017 $140.46 Calendar, CEQA filing, District Shirts 09/19/2017 $67.98 Field Supplies - ATV Hook and Strap and Replacement Wire Rope 09/19/2017 $562.23 Sears Ranch Rd Building Permit 09/19/2017 $2.17 Water Spigot Repair 09/19/2017 $622.11 Field Supplies - 5 gallon bucket, Danger High Voltage Sign Stickers, Rachets and Haz-Mat Disposal Fees 09/19/2017 $2,860.10 Maintenance Management School Training, Travel Expenses and MB Water System Maintenance Treatments 09/19/2017 $765.14 Field Supplies, plumbing parts, Water Systems Training and Travel Expenses 09/19/2017 $2,095.83 Maintenance Management School Training, Travel Expenses, CPRS Membership Renewal, Office Supplies and Tools 09/19/2017 $4,354.94 Digital Camera, Waterproof Camera Case and Defense Training Spray 09/19/2017 $372.79 Resource supplies for BCR pond mitigation, field supplies 09/19/2017 $1,463.64 Field Supplies - Demolition Hammer, Concrete Chisel, Plaque Mounting Supplies, Rod Driver and Mt. Um Project Supplies 09/19/2017 $88.68 VRE Gift basket items/snake food 09/19/2017 $18.87 Volunteer Supplies 09/19/2017 $14,032.18 CMA, Spur email,ICA Memberships, Mt. Um Grand Opening Catering Event, Event supplies, and Photographer 09/19/2017 $1,536.89 Field Supplies - Velcro Dispenser, Hardhats, File Cabinet, Rock Ripper & Bullet Tooth, Metal Blade 09/19/2017 $512.88 Field Supplies - Gas Can, Electrical Outlets, Tools and Concrete Mix 09/19/2017 $26.18 Field Supplies - Fuses and Light Bulbs 09/19/2017 $975.72 Office Supplies, CCAP Conference Reg Fee, Lodging & Travel Expenses,GRAC Conference Reg Fee and District Shirt Uniform 09/19/2017 $1,172.48 Subscription Fee, Maps Pro Software 09/19/2017 $6,729.19 AO Internet, Monitor Dock, (5) Monitors, VoLP Phones 09/19/2017 $6.99 Access to LA Times for Sacramento news and Parking Fee 09/19/2017 $760.90 Air Travel, District Shirts and CA Special Districts Association Conference Registration Fees 09/19/2017 $1,357.78 ADT Alarm Service, Replacement refrigerator for Annex,Security Light, Programmable Thermostat 09/19/2017 $107.64 Field Supplies (PCR), Signs and Rubber Tape 09/19/2017 $2,516.76 Maintenance Management School Registration, Lodging, Equipment Parts 09/19/2017 $69.58 Volunteer supplies 09/19/2017 $495.58 Uniform & bridge toll 09/19/2017 $1,605.93 CPRS Maintenance Management registration & parts 09/19/2017 $906.44 Field Supplies - Electrical Supplies, Meeting Snacks, H2O Tank and Horse Trough for Mt. Um, Tire Pressure Gauge and Anti-Graffiti Clear Paint 09/19/2017 page 2 of 3 CLAIMS REPORT MEETING 17-23 DATE 09-27-2017 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount $118.65 Lunch For Interview Panel 09/19/2017 $874.20 CSMFO Award Submission, Webinar Training, Travel expense GFOA budget training 09/19/2017 $1,861.53 Office and event supplies, Storage Fee, Name Badges 09/19/2017 $23.08 Conference Registration Fee for Northern Ca Society of American Foresters 09/19/2017 $48.42 Field Supplies - Fuses 09/19/2017 $600.26 Tools and Parts for Event Center Fence Project 09/19/2017 $149.28 Uniform items for Academy 09/19/2017 $114.76 Circuit Tester and Air Brass Kit 09/19/2017 $1,132.32 OSHA training, Lodging and Red Cross Certificates 09/19/2017 $339.78 Field Supplies - Lumber, Screws and Amazon Prime Membership Fee 09/19/2017 $169.99 License Renewal and Mt. Umunhum Planting 09/19/2017 $1,101.15 El Sereno Demo Permit, Field Supplies & Uniform Shirt 09/19/2017 $342.21 District Car Wash, IIMC Membership, Dinner Board Closed Session Meeting 09/19/2017 $2,538.98 Licences, FFO internet, DVD drives, PDF Reader 09/19/2017 $85.12 Field Supplies and Shop Supplies 09/19/2017 $380.95 Recruitment Related Expenses 09/19/2017 $664.64 Field Supplies - Hose Bibb, Utility Blade, Power Strip, 50-ft Cord, Heavy Duty Cables, Gate Lock and Bolt Cutt 09/19/2017 $75.00 MMANC Membership Renewal 09/19/2017 $403.63 IIMC Annual Membership Fee, Office Supplies, Board Meal 09/19/2017 $169.37 Laminating sheets 09/19/2017 75891 11369 - BANK OF THE WEST COMMERCIAL CARD USA $296.00 Volunteer Recognition Event Items 08/18/2017 75,890.58$ $72.06 Lunch Meeting, Parking fee 08/18/2017 $129.50 Fuel for District Vehicle 08/18/2017 $61.50 Fuel for District Vehicle 08/18/2017 $332.63 CDFW SCP Fees, Replacement Part for Wildlife Camera 08/18/2017 $537.06 Fire Boots & Office Supplies 08/18/2017 $301.04 Field Supplies - HR Workers Comp Forms 08/18/2017 $6396.61 Sears Ranch Road Parking Permit Fee 08/18/2017 $1,257.85 Calperla Conference Registration, Interview Panel Muffins/Snacks 08/18/2017 $3,93.22 Permits, FasTrak, Fuel, Refreshments and Office Supplies 08/18/2017 $10,424.15 Valley Oil Fuel Charges 08/18/2017 $2,030.26 Field supplies - tools, water tank level indicators 08/18/2017 $2,334.44 Office and field supplies - 54 gal of petroleum, keys 08/18/2017 $783.86 Web Expenses - Patheon, SMK WuFoo, Facebook, MailChimp, ISSUU and DropBox 08/18/2017 $2,760.24 Symposium, Books, Building Inspection Fee and Office Supplies 08/18/2017 $207.66 Field Supplies - Microfiber Cleaning Cloths, Parts Cleaner and Caterpillar Keys 08/18/2017 $3,611.Termite Ext Warranty, Rodent Control, Photo Copy 08/18/2017 $944.81 Field Supplies - Filter, Belt Travel Case, Water Filer, Valve Respirator, Paint Brushes and Rollers 08/18/2017 $ 74.72 District provided uniforms and equipment parts 08/18/2017 $8.90 Background check fee 08/18/2017 $38.73 Field Supplies - Garbage Bag and Wire Mesh 08/18/2017 $211.42 Field Supplies - Fencing Drill Bits, Bolts 08/18/2017 $5,253.65 Field Supplies - Restoration Fencing Anchors 08/18/2017 $174.05 Nature Center Supplies and Docent Meeting Refreshments 08/18/2017 $145.43 Volunteer Supplies/Equipment 08/18/2017 $360. Field Supplies - Data Subscription for Fog Collectors 08/18/2017 $331.17 Field Supplies - Duck Tape, Concrete Mix, Lumber and Magnetic Drive Guide 08/18/2017 $259.36 Field Supplies - Tire, Bolts and Painting Supplies 08/18/2017 $325.29 Lunch Mtg, Pesticide Book, NOE Filing, Office Supplies 08/18/2017 $1,724.62 Media Player, Esri Users Conf., Formplus Sub 08/18/2017 $5,907.31 Monitors, Flash Drive, Tablet Case, VMware 08/18/2017 $4,689.00 Conditional Use Permit Submittal (SAO)08/18/2017 page 3 of 3 CLAIMS REPORT MEETING 17-23 DATE 09-27-2017 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount $3,762.67 Budget Conference Training, Lodging, Travel Expenses and Parking Fee 08/18/2017 $255.01 Parking, MMANC symp, CSDA webinar, leg directory subscrip 08/18/2017 $16.67 Amazon - Storage Container 08/18/2017 $116.58 Kitchen Supplies 08/18/2017 $2,577.07 Vehicle Stickers, Gas and Trailer parts 08/18/2017 $289.61 Canopy , Volunteer Supplies & Field Equipment 08/18/2017 $10.22 Car Air Freshener 08/18/2017 $324.90 - Field Supplies - Emission System Fluid, Air Filters, Fly Catcher and brushes 08/18/2017 $2,134.27 Security Equipment, Car Wash, Parking, Chalk 08/18/2017 $970.35 GFOA Budget Training Conference exp + air travel 08/18/2017 $2,669.88 Office & Event Supplies , Postage, Name Badges, and Carwash 08/18/2017 $198.09 Concrete Mix 08/18/2017 $473.53 Field Supplies - Oil Cap and Anchor Rods for Fencing 08/18/2017 $284.60 Recruitment expenses 08/18/2017 $158.67 Field Supplies -Grab Handles for M221 08/18/2017 $183.38 Equipment parts 08/18/2017 $86.26 Lunch for supervisor interview panel 08/18/2017 $4.36 Liquid nails adhesive 08/18/2017 $1,744.44 Refreshments for Training, Red Cross Certifications and Ergo Items 08/18/2017 $905.42 Field Supplies - Poison Oak Cleanser, Fanny Pack, Poison Ivy Wash, Sunscreen, Blow Gun, Pest Traps, Paint and Supplies 08/18/2017 $785.51 Field Boots & Pants, Cal IPC Symposium Registration Fee 08/18/2017 $308.56 CA Special District Webinar, Handbook S.Schaffner 08/18/2017 $321.83 Clerk Workshop, Board Meeting Meals 08/18/2017 $43.14 Drinking water for public 08/18/2017 $847.65 Internet, HDMI Cables, Tool Box and iPad covers 08/18/2017 $132.01 Field Supplies - Windshield Wipers and Ratchet 08/18/2017 $507.08 Recruitment Expenses 08/18/2017 $117.50 Field Supplies - Light Tube 08/18/2017 $145.93 Panelist Lunch, AMLT Meeting Lunch 08/18/2017 $404.00 Regional 14 Education Workshop, City Clerks Conference 08/18/2017 $33.85 Office supplies - Pendalflex Folders 08/18/2017 75815 10794 - JOHN NORTHMORE ROBERTS & ASSOC Bear Creek Stables Imp Design for June 2017 08/09/2017 67,689.01$ 75975 10546 - ECOLOGICAL CONCERNS INC Thisle and Grass Management - Districtwide and Invasive Species Management - LHC/BCR and Slender False Brome Treatment 08/30/2017 $ 60,073.00 R-17-109 Meeting 17-23 September 27, 2017 AGENDA ITEM 4 AGENDA ITEM Amendment to the Preliminary Use and Management Plan for the Peninsula Open Space Trust (Conley) Property, portion of the Long Ridge Open Space Preserve located on Shingle Mill Road in unincorporated San Mateo County (Assessor’s Parcel Numbers 085-170-020, 085-170-290, and 085-170-310) GENERAL MANAGER’S RECOMMENDATIONS Approve an amendment to the Preliminary Use and Management Plan for the Peninsula Open Space Trust (Conley) property, as set out in the staff report. SUMMARY On May 24, 2017, the Board approved purchase of the 191.2-acre Peninsula Open Space Trust (POST) Conley property at a bargain sale price of $500,000 as an addition to Long Ridge Open Space Preserve. At that time, the Board also approved a Preliminary Use and Management Plan (PUMP) (Attachment 1) for the property. Staff has since identified several minor amendments to the PUMP require Board approval. DISCUSSION Following purchase of the POST (Conley) property, staff received additional new information from Francis Conley about a second access road and the lack of a developed spring water source on the property. Staff completed a subsequent tour and inspection of the property to confirm the second access road from Oil Creek Road via State Highway 9 and the absence of a developed spring water source for the property’s small cabin. Below are the proposed PUMP amendments, with new or revised information shown in underline and information to change or remove shown in strikethrough. All other aspects of the PUMP remain unchanged. Improvements and Land Use The largest parcel (111.61 acres) has a small 330 square foot summer cabin, outhouse, and storage shed. A small amount of wood debris and an abandoned vehicle lie in the brush below the cabin. An unpaved road provides direct access from Shingle Mill Road to the interior of the parcel. A second unpaved road provides access from Oil Creek Road via State Highway 9, which is located 0.5 mile west of Shingle Mill Road. Access to the two smaller parcels (40 acres and 39.59 acres respectively) is via unpaved roads through adjoining private parcels. R-17-109 Page 2 Logging occurred on the property in 2001. The network of unpaved roads is likely the result of previous logging activity. Water Rights and Resources The property drains to Oil Creek, a perennial tributary in the upper Pescadero Creek watershed. A portion of Oil Creek traverses the northwest parcel. A small water tank is located adjacent to the cabin, but the water source or spring has not been located to serve the cabin was never developed. The Conley family chose to bring in water to fill the tank during the times that they stayed at the cabin. A non-exclusive right to use and develop springs is recorded on title for the northeast parcel (APN 085-170-020). The adjoining private property to the south holds a reserved right to use and develop a spring for shared use with the subject property. This right is located in the headwaters of a seasonal tributary to Oil Creek. In this drainage, no developed spring was found, and Frances Conley confirmed that neither her family nor the adjoining property owner exercised this right. 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 takes effect at the close of escrow and remains effective until changes warrant an amendment. The PUMP includes site security, new signage, and maintenance of the property in its natural condition, as described more fully below. If changes to land use or the physical environment are proposed in the future, the plan would be subject to further environmental review and public input. Public Access: Designate the property as closed to public use at this time. Issue neighbor permits on a case-by-case basis allowing hiking use consistent with historical use patterns. Signs and Site Security: Install Preserve boundary and closed area signs, where appropriate. Fences and Gates: Install gates and fencing as necessary to prevent unauthorized vehicular entry. Roads and Trails: Maintain access routes into the site in a serviceable condition. Implement maintenance, and minor erosion and sediment control measures for access roads in accordance with District standards. Patrol: Routinely patrol property using existing access roads. Resource Management: Conduct invasive plant and animal management activities consistent with the District’s Resource Management Policies. Water Rights and Water Resources: Determine location of any developed springs on the site and determine if springs are developed in accordance with recorded rights. No developed springs occur on the property at this time. A non-exclusive right to use and develop springs is recorded on title for the northeast parcel (APN 085-170-020). The adjoining private R-17-109 Page 3 property to the south holds a reserved right to use and develop a spring for shared use with the subject property. This right will continue after transfer of property to the District. Structures and Improvements: Upon purchase, remove and dispose of all structures, incidental improvements, debris, and abandoned vehicle per District Policy 4.08, Construction and Demolition Waste Diversion. The demolition and site cleanup costs are estimated between $20,000 and $25,000. Conservation Easement Wildfire Fuel Management: Continue use and management consistent with the existing Conservation Easement. Coordinate with the easement holder regarding any proposed physical alterations to the property prior to implementation, so that they may assess consistency with the easement provisions. Implement standard District-wide fuel management and defensible space practices. Site Safety Inspection: No evidence of hazardous materials detected. Name: Name the property as an addition to Long Ridge Open Space Preserve. Dedication: Indicate your intention to withhold dedication of the subject property as open space at this time. CEQA COMPLIANCE The proposed modification to the PUMP will not have a significant effect on the environment nor will they alter the previous CEQA determination made on May 24, 2017. BOARD COMMITTEE REVIEW Proposed modifications to the PUMP does not require additional Real Property Committee input. The District’s Real Property Committee held a meeting on February 28, 2017 to review information about the property and receive public input on the proposed purchase. Staff provided a tour of the property, reviewed the purchase terms, and described how the property would remain closed and managed as an extension of the surrounding Preserve. The Real Property Committee recommended forwarding the proposed purchase to the District Board of Directors in a vote of 2-0 (One member was absent). FISCAL IMPACT There is no fiscal impact associated with the proposed changes to the PUMP. R-17-109 Page 4 PUBLIC NOTICE Public notice was provided as required by the Brown Act and a copy of this agenda was mailed to property owners of land located adjacent to or surrounding the subject property. NEXT STEPS Upon approval of the amendments to the PUMP, the General Manager will direct staff to continue implementation of the PUMP. The District’s Skyline Field Office will continue patrolling the property as an addition to Long Ridge Open Space Preserve. Attachments: 1. Amended May 24, 2017 Agenda Report R-17-29 authorizing purchase of the POST (Conley) property 2. Location Map Responsible Department Head: Michael Williams, Real Property Manager Prepared by: Michael Williams, Real Property Manager Elish Ryan, Real Property Planner III Contact person: Michael Williams, Real Property Manager Graphics prepared by: Torie Richardson, GIS Technician AMENDED SEPTEMBER 27, 2017 (R-17-109) R-17-29 Meeting 17-12 May 24, 2017 AGENDA ITEM 3 AGENDA ITEM Proposed purchase of the Peninsula Open Space Trust (Conley) Property as an addition to Long Ridge Open Space Preserve, located on Shingle Mill Road in unincorporated San Mateo County (Assessor’s Parcel Numbers 085-170-020, 085-170-290, and 085-170-310) GENERAL MANAGER’S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA), as set out in the staff report. 2. Adopt a Resolution authorizing the purchase of the Peninsula Open Space Trust (Conley) property for $500,000 with a corresponding authorization for a Fiscal Year 2016-17 budget increase of the same amount. 3. Adopt a Preliminary Use and Management Plan for the Peninsula Open Space Trust (Conley) property, as set out in the staff report. 4. Withhold dedication of the Peninsula Open Space Trust (Conley) property as public open space at this time. SUMMARY The General Manager recommends purchasing the 191.2-acre Peninsula Open Space Trust (POST) Conley property at a bargain sale price of $500,000 as an addition to Long Ridge Open Space Preserve. As part of the purchase approval, a line item budget increase of $500,000 to the Fiscal Year 2016-17 budget is required to proceed with the acquisition. 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 reasons for this purchase includes advancement of Measure AA Portfolio #15, Regional Redwood Protection and Salmon Fisheries Conservation, to preserve and protect redwood forests, scenic landscapes, and fisheries habitat in the upper Pescadero Creek watershed. Attachment 1 R-17-29 Page 2 Property Description and Regional Context (Attachment 2, Location Map) Located in unincorporated San Mateo County, the 191.2-acre POST (Conley) property is approximately 1.5 miles southwest of Skyline Boulevard (State Highway 35) just outside the western boundary of Long Ridge Open Space Preserve, and near the intersection of Shingle Mill Road and Big Basin Way (State Highway 9). Portola Redwoods State Park is located to the north and west. Castle Rock State Park is located across the Santa Cruz County boundary approximately 1/2 mile to the southeast. The property consists of three parcels, mostly undeveloped. One of the smaller parcels abuts the 580-acre Boy Scouts of America Camp Chesebrough, but there is no access to the camp from the property. The property averages 1,800 feet in elevation, with a generally northwest-southeast orientation. The highpoint of the property is 1,960 feet and the low point along Oil Creek is 920 feet. The property is sloped and densely wooded, mostly with second-growth redwood and Douglas fir, with larger specimens of coast redwoods in the deeper drainages. Improvements and Land Use The largest parcel (111.61 acres) has a small 330 square foot summer cabin, outhouse, and storage shed. A small amount of wood debris and an abandoned vehicle lie in the brush below the cabin. An unpaved road provides direct access from Shingle Mill Road to the interior of the parcel. A second unpaved road provides access from Oil Creek Road via State Highway 9, which is located .5 mile west of Shingle Mill Road. Access to the two smaller parcels (40 acres and 39.59 acres respectively) is via unpaved roads through adjoining private parcels. Logging occurred on the property in 2001. The network of unpaved roads is likely the result of previous logging activity. Water Rights and Resources The property drains to Oil Creek, a perennial tributary in the upper Pescadero Creek watershed. A portion of Oil Creek traverses the northwest parcel. A small water tank is located adjacent to the cabin, but the water source or spring has not been located to serve the cabin was never developed. The Conley family chose to bring in water to fill the tank during the times that they stayed at the cabin. A non-exclusive right to use and develop springs is recorded on title for the northeast parcel (APN 085-170-020). The adjoining private property to the south holds a reserved right to use and develop a spring for shared use with the subject property. This right is located in the headwaters of a seasonal tributary to Oil Creek. In this drainage, no developed spring has been found, and Frances Conley confirmed that neither her family nor the adjoining property owner exercised this right. Habitat and Natural Resources Value The POST (Conley) property has some of the highest conservation values within the boundaries of the Midpeninsula Regional Open Space District (District), based upon the conservation-values GIS analysis conducted for the 2014 Vision Plan. Situated within the largest area of relatively intact forest habitat in the Santa Cruz Mountains, Coast redwoods and Douglas fir dominate the property. The understory consists of young trees, sword ferns and redwood sorrel, interspersed with oaks, madrones and big leaf maples. Shrubs and grasses associated with coastal forest communities fill small clearings. This native vegetation community is ecologically fire adapted. The property supports aquatic linkages between forested upland habitat and the Pacific Ocean. Upper Oil Creek contains spawning habitat for steelhead trout, federally listed as a Threatened Attachment 1 R-17-29 Page 3 species. Oil Creek is also part of the larger Pescadero Creek Watershed, designated as a Core Focus Area for Coho salmon recovery by the National Marine Fisheries Service. Sharp-shinned hawks (Accipiter striatus), listed as a “species of concern” in California, have been seen on the property (as documented in the 2004 Conservation Easement’s Baseline Documentation Report, prepared by POST). The woodland provides habitat for animal species associated with the upper elevations of the Pescadero Creek watershed, including deer, coyotes, bobcats, raccoons, and mountain lions. A wide variety of small mammals, birds, and other species occupy or migrate through the general area. COASTSIDE PROTECTION PROGRAM PROCESS The property is located within the boundaries of the District’s Service Plan for the San Mateo County Coastal Annexation Area (Coastal Service Plan), adopted by the Board in June 2003. The Coastal Service Plan and subsequent conditions approved by the San Mateo County Local Agency Formation Commission (LAFCo) in September 2004 established policies and procedures for the Coastside Protection Program (Program). The Program guides the District’s purchase of open space lands and their use and management within the Coastal Annexation Area. USE AND MANAGEMENT Land Use Designation The property is comprised of three legal parcels in unincorporated San Mateo County. The General Plan designation on APN 085-170-020 and 085-170-290 is Open Space. The General Plan designation for APN 085-170-310 is Timber Production. Per the County General Plan, natural resource management, sensitive habitat preservation, and low intensity recreation are allowable uses within these designations. On March 22, 2017, the San Mateo County Planning Commission confirmed that the acquisition of this property for open space complies with the County’s General Plan. If purchased, the property would be incorporated into the Long Ridge Open Space Preserve. A subsequent planning process would analyze opportunities for natural resource management and compatible public trail use. Subsequent planning would be in accordance with the District’s Coastal Service Plan, including consultation with appropriate agencies and organizations. The planning process includes public meetings to gather input and review draft and final plans. Further environmental review would be prepared as needed. Conservation Easement In 2004, POST received a gift of a conservation easement from the Krauskopf/Conley family to protect its scenic, natural habitat, and open space values. The conservation easement also provides for future public trail use on the property but prohibits parking lots. The Krauskopf/Conley family reserved the right to build one single-family residence. The easement includes typical prohibitions such as subdivision, sale of water rights, excavation, and tree cutting. However, the tree cutting prohibition does allow for actions to maintain and enhance a healthy forest ecosystem per a management plan such as a restoration forestry plan, prepared by a qualified natural resource professional and subject to POST’s approval as the conservation easement holder. The recommended use and management for the property would be consistent with the conservation easement. Attachment 1 R-17-29 Page 4 Williamson Act Considerations Parcels 085-170-020 and 085-170-290 are subject to a Land Conservation Agreement between the County of San Mateo and Konrad B. and Kathryn M. Krauskopf, under the California Land Conservation Act of 1965 (also known as the Williamson Act), recorded in 1969 (Document #50661AC). On August 9, 2011, the County initiated non-renewal of these contracts and the contracts will fully expire on December 31, 2020. 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 takes effect at the close of escrow and remains effective until changes warrant an amendment. The PUMP includes site security, new signage, and maintenance of the property in its natural condition, as described more fully below. If changes to land use or the physical environment are proposed in the future, the plan would be subject to further environmental review and public input. Public Access: Designate the property as closed to public use at this time. Issue neighbor permits on a case-by-case basis allowing hiking use consistent with historical use patterns. Signs and Site Security: Install Preserve boundary and closed area signs, where appropriate. Fences and Gates: Install gates and fencing as necessary to prevent unauthorized vehicular entry. Roads and Trails: Maintain access routes into the site in a serviceable condition. Implement maintenance, and minor erosion and sediment control measures for access roads in accordance with District standards. Patrol: Routinely patrol property using existing access roads. Resource Management: Conduct invasive plant and animal management activities consistent with the District’s Resource Management Policies. Water Rights and Water Resources: Determine location of any developed springs on the site and determine if springs are developed in accordance with recorded rights. No developed springs occur on property at this time. A non-exclusive right to use and develop springs is recorded on title for the northeast parcel (APN 085-170-020). The adjoining private property to the south holds a reserved right to use and develop a spring for shared use with the subject property. This right will continue after transfer of property to the District. Attachment 1 R-17-29 Page 5 Conservation Easement Wildfire Fuel Management: Continue use and management consistent with the existing Conservation Easement. Coordinate with the easement holder regarding any proposed physical alterations to the property prior to implementation, so that they may assess consistency with the easement provisions. Implement standard District-wide fuel management and defensible space practices. Site Safety Inspection: No evidence of hazardous materials detected. Name: Name the property as an addition to Long Ridge Open Space Preserve. Dedication: Indicate your 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 191.2-acre POST (Conley) property as an addition to the District’s open space preserve system and concurrent adoption of a Preliminary Use and Management Plan (PUMP). Minor erosion and sediment control measures in accordance with District standards will be conducted along the existing access routes/trails to prevent water quality degradation. Minor resource management activities may be conducted to control invasive plants. The land will be preserved as open space and maintained in a natural condition. The property is within the boundaries of the District’s Service Plan for the San Mateo County Coastal Annexation Area. The Service Plan and Final Environmental Impact Report (FEIR) incorporated policies, guidelines, and mitigations to ensure compatibility with the County General Plan and Local Coastal Plan. Actions proposed to purchase the property and implement the PUMP are in compliance with the Service Plan and FEIR. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from the California Environmental Quality Act (CEQA) under Article 19, Sections 15301, 15316, and 15325 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. The project includes erosion control work as necessary along the existing road and minor restoration activities to maintain the property in a natural condition. Section 15316 exempts the acquisition of land in order to create parks if the land is in a natural condition and the management plan proposes to keep the area in a natural condition. The PUMP specifies that the land will remain in a natural condition. Section 15325 exempts transfers of ownership of interests in land to preserve open space. This acquisition will transfer fee ownership of the property to the District and ensure that the open Attachment 1 R-17-29 Page 6 space will be preserved. The PUMP proposes that the property be preserved as open space by incorporating it into Long Ridge Open Space Preserve. BOARD COMMITTEE REVIEW The District’s Real Property Committee held a meeting on February 28, 2017 to review information about the property and receive public input on the proposed purchase. The District distributed a notice of the Real Property Committee meeting on February 23, 2017 to property owners located adjacent to or surrounding the subject property and to interested parties. Staff provided a tour of the property, reviewed the purchase terms, and described how the property would remain closed and managed as an extension of the surrounding Preserve. No members of the public attended. The Real Property Committee recommended forwarding the proposed purchase to the District Board of Directors in a vote of 2-0 (One member was absent). TERMS AND CONDITIONS The 191.2-acre POST (Conley) property is proposed for purchase on a bargain sale basis at a price of $500,000 ($2,615 per acre) with a gift component of $450,000. The property has a fair market value determined to be $950,000 based on an independent appraisal commissioned by the District. The property would be purchased as-is on an all cash basis. The grant deed conveying fee title of the subject property to the District includes a provision that the property will remain subject to the conservation easement held by POST, which is to be executed by both the District and POST. The purchase agreement includes a covenant that provides POST a period of five years in which to recognize the Krauskopf family as significant donors who protected the subject property with a gift of a conservation easement to POST in 2004, in accordance with the District’s Policy 5.01 “Site Naming, Gifts, and Special Recognition.” The policy requires Board Committee approval of such naming proposals. FISCAL IMPACT Beginning in FY2016-17, the District amended its approach on budgeting for land acquisitions. For FY2016-17, the District only budgeted for costs associated with appraisals, property purchase research, and early negotiations. Land acquisitions bought before the Board for approval would include a budget increase to the adopted budget. If the purchase of the POST (Conley) Property is approved, a budget increase of $490,000 to the FY2016-17 budget is required. POST(Conley) Property Purchase Amount $ 490,000 POST(Conley) Option Deposit $ 10,000 Kahn Property Purchase (also on this agenda) $ 550,000 Total Land purchases approved to date for FY 2017 $5,539,000 Total Land Purchases (if approved) $6,589,000 The following table outlines the Measure AA Portfolio #15 budget, costs to date, and the fiscal impact related to the POST (Conley) Property Purchase: Attachment 1 R-17-29 Page 7 MAA 15 Portfolio Allocation: $50,728,000 Spent to Date (May 15): $2,524,939 POST (Conley) Property Purchase: $490,000 Balance Remaining (Proposed): $47,713,061 Installation of boundary demarcation, gates, and fencing to prevent unauthorized vehicular entry is estimated at $5,000. These costs are included in the Real Property Budget for FY2016-17. The disposition of the small cabin is estimated between $20,000 and $25,000, and will be included in the FY2017-18 Real Property Budget. No other capital costs are required as part of the purchase. Current Coastside Protection Area Fiscal Considerations The POST (Conley) property is located within the service area of San Mateo County Fire. Under the terms of the District and County Fire agreement, the District would pay $93.76, which would increase annually by 2%. The property is located within the service area of the La Honda-Pescadero Unified School District. Under the terms of the District and School agreement, the District would pay $568.62, which would increase annually by 2%. PUBLIC NOTICE Public notice was provided as required by the Brown Act and a copy of this agenda was mailed to property owners of land located adjacent to or surrounding the subject property. NEXT STEPS Upon approval, the General Manager will direct staff to proceed with the close of escrow for the purchase of the property and implement the PUMP. The District’s Skyline Field Office would manage the property as an addition to Long Ridge Open Space Preserve. Attachments: 1. Resolution Authorizing Acceptance of Purchase Agreement, Authorizing the 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 (Long Ridge Open Space Preserve - Lands of Peninsula Open Space Trust(Conley)) 2. Location Map Responsible Department Head: Michael Williams, Real Property Manager Prepared by: Michael Williams, Real Property Manager Elish Ryan, Real Property Planner III Contact person: Michael Williams, Real Property Manager Attachment 1 R-17-29 Page 8 Graphics prepared by: Torie Richardson, GIS Technician Attachment 1 Management Agreement LONG RIDGE OPEN SPACE PRESERVE SARATOGA GAP OPEN SPACE PRESERVE S l a t e Creek San Lorenzo River O i l C r e e k T in C a n Cree k W a t e r m a n C r e e k Ã35 Ã9 Skylin e Tr a il H ickory O a k s T r a il Frog FlatTrail S l a t e C r e e k T r a i l Skylin e -t o -t h e-S e a Trail W ard Road Saratog a G ap Tra i l C h arcoalRoad Sarat o g a G a p T r ail S ummitMeadowsTrail Skylin e -t o -t h e - S e a Tra i l W a r d Truc k T r a i l S l a t e C r e e k T r ail Be a r C r e e k T r a i l Sar a t o g aTo l l Road Trail Achistacatr a i l Tr a v e rtine Springs Trail S ar a t oga G a p Trail C A S t a teRoute35 C A Stat e R o u t e 9 Midpeninsula Regional Open Space District (MROSD) March 2017 Conley Property Proposed Acquisition Pa t h : G : \ P r o j e c t s \ L o n g _ R i d g e \ C o n l e y _ P r o p e r t y \ L R _ C o n l e y _ B o a r d R e p o r t _ 2 0 1 7 0 1 2 5 . m x d Cr e a t e d B y : t r o b i n s o n 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. Ã9 Ã880 Ã101 Ã1 Ã17 Ã35 Cupertino Santa Cruz Area of Detail Other Protected Lands Conley Property APN 085-170-020 40.0 Acres Conley Property APN 085-170-290 111.61 Acres Conley Property APN 085-170-310 39.59 Acres PORTOLA REDWOODS STATE PARK CASTLE ROCK STATE PARK MROSD Boundary County Boundaries Default Callout Box LR13 ROADSIDE PARKING !# SEMPERVIRENS VISTA POINT Sa n M a t e o C o u n t y Sa n t a C r u z C o u n t y S a n t a Clara C o u n t y Coastside Protection Area Coastside Protection Area Skyline-to-the-Sea Trail S hin g l e M ill R d Property Access Road Conley Properties w/ POST Conservation Easement Coastside Protection Boundary Attachment 2 R-17-112 Meeting 17-23 September 27, 2017 AGENDA ITEM 5 AGENDA ITEM Adopt resolution to reimburse expenditures related to the acquisition of 5050 El Camino from debt proceeds. GENERAL MANAGER’S RECOMMENDATION Adopt a resolution which declares the District’s intent to reimburse prior expenditures related to the acquisition of 5050 El Camino from the proceeds of subsequent borrowing. SUMMARY The acquisition and remodel of the 5050 El Camino office building, combined with the acquisition and remodel of a new South Area Office, will deplete the District’s Infrastructure reserves. To ensure adequate funding availability during this time, and prior to the sale of the 330 Distel property, the District intends to borrow $15 million. It is highly likely that this financing transaction will close after the escrow to acquire 5050 El Camino will close. To ensure the District can use the financing to reimburse itself for the acquisition, the General Manager recommends that the Board adopt this reimbursement resolution. DISCUSSION The acquisition and remodel of the 5050 El Camino office building, combined with the acquisition and remodel of a new South Area Office, will deplete the District’s Committed Fund Balance for Infrastructure with a total cash expenditure of approximately $35 million for both properties. It is anticipated that the sale of the 330 Distel building will generate a cash inflow, but to ensure adequate funding availability to fund both the acquisition and remodel of the properties, the District intends to finance up to $15 million for the acquisition through a borrowing. The financing transaction will very likely close after the escrow to acquire 5050 El Camino will close. To ensure the District can use the financing to reimburse itself for the acquisition, the General Manager recommends that the Board adopt this reimbursement resolution. FISCAL IMPACT The balance in the District’s Committed Fund Balance for Infrastructure is $30 million as of June 30, 2017. The two acquisitions will draw the reserve down to a negative $4,955,100. The reimbursement resolution and subsequent financing will increase the balance to $10 million. The R-17-112 Page 2 remodel amounts in the table are very preliminary estimates. This calculation and these estimates do not include possible additions to the Fund Balance nor rental income during the planning and design phases for the 5050 El Camino building. BOARD COMMITTEE REVIEW No Board Committee review PUBLIC NOTICE Public notice of this agenda item was provided as required by the Brown Act. CEQA COMPLIANCE Adoption of the proposed Resolution does not trigger the California Environmental Quality Act. NEXT STEPS Upon adoption by the Board, execute the resolution. Responsible Department Head: Stefan Jaskulak, Chief Financial Officer/ Director of Administrative Services Prepared by: Stefan Jaskulak, Chief Financial Officer/ Director of Administrative Services Reserve 7/1/2017 30,000,000$ Acquisition Cost 240 Cristich 3,150,000$ 5050 El Camino 31,805,100$ 34,955,100$ Reserve After Acquisitions (4,955,100)$ Financing 15,000,000$ Reimbursed Reserve 10,044,900$ Remodel Cost 240 Cristich 2,000,000$ 5050 El Camino 6,000,000$ 8,000,000$ Reserve after Remodel 2,044,900$ Sale of 330 Distel Circle 7,500,000$ Ending Reserve Balance 9,544,900$ ATTACHMENT 1 Resolutions/2017/R-17-__5050ElCaminoReimbursement 1 RESOLUTION NO. 17-__ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DECLARING ITS OFFICIAL INTENT TO REIMBURSE CERTAIN EXPENDITURES FROM PROCEEDS OF INDEBTEDNESS WHEREAS, the Board of Directors (the “Board”) of the Midpeninsula Regional Open Space District (the “District”) intends to acquire a new office building for the District (the “Project”); WHEREAS, the District (and for purposes of this resolution and the Treasury Regulations referenced herein, the “Issuer”) expects to pay certain expenditures (the “Reimbursement Expenditures”) in connection with the Project prior to the issuance of indebtedness for the purpose of financing costs associated with the Project on a long-term basis; WHEREAS, the Issuer reasonably expects that debt obligations in an amount not expected to exceed $15 million will be issued in order to finance a portion of the Project, and that certain of the proceeds of such debt obligations will be used to reimburse the Reimbursement Expenditures; WHEREAS, Section 1.150-2 of the regulations promulgated by the United States Department of the Treasury (the “Treasury Regulations”) requires the Issuer to declare its reasonable official intent to reimburse prior expenditures for the Project with proceeds of a subsequent borrowing, if such proceeds are to be deemed spent upon the reimbursement allocation, for purposes of federal tax law; NOW, THEREFORE, BE IT RESOLVED by the Midpeninsula Regional Open Space District, as follows: SECTION 1. RECITALS. This Board hereby finds and determines that the above recitals are true. SECTION 2. COMPLIANCE WITH THE REQUIREMENTS OF SECTION 1.150-2 OF THE TREASURY REGULATIONS. For purposes of establishing compliance with the requirements of Section 1.150-2 of the Treasury Regulations, this Board hereby declares its official intent to use proceeds of indebtedness to reimburse itself for Reimbursement Expenditures. This declaration does not bind the Issuer to make any expenditure, incur any indebtedness, or proceed with the Project. SECTION 3. EFFECTIVE DATE. This resolution shall take effect from and after its adoption. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ______, 2017, at a regular meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTACHMENT 1 Resolutions/2017/R-17-__5050ElCaminoReimbursement 2 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 roll call vote at a meeting thereof duly held and called on the above day. District Clerk ATTACHMENT 1 Resolutions/2017/R-17-__5050ElCaminoReimbursement 3 CLERK’S CERTIFICATE I, Jennifer Woodworth, District Clerk for the Midpeninsula Regional Open Space District, hereby certify as follows: The foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of the Board of Directors of said District duly and regularly held at the regular meeting place thereof on the ___ day of __________, 2017, of which meeting all of the members of said Board had due notice and at which a majority thereof were present; and at said meeting said resolution was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: An agenda of said meeting was posted at least 72 hours before said meeting at 330 Distel Circle, Los Altos, California, a location freely accessible to members of the public, and a brief general description of said resolution appeared on said agenda. I have carefully compared the same with the original minutes of said meeting on file and of record in my office; the foregoing resolution is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and said resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect. WITNESS my hand and the seal of the Midpeninsula Regional Open Space District this 22nd day of September, 2017. ________________________________________ District Clerk R-17-110 Meeting 17-23 September 27, 2017 AGENDA ITEM 6 AGENDA ITEM Approval of a Resolution for Application to the Habitat Conservation Fund Program for grant funds to assist with the future purchase of the Peninsula Open Space Trust’s Johnston Ranch Uplands property as an addition to Miramontes Ridge Open Space Preserve. GENERAL MANAGER’S RECOMMENDATIONS 1. Determine that the recommended action is exempt from the California Environmental Quality Act (CEQA) as set out in the staff report. 2. Adopt a Resolution of the Board of Directors approving an application for grant funds from the Habitat Conservation Fund Program to assist with the future purchase of the Johnston Ranch Uplands as an addition to Miramontes Ridge Open Space Preserve. SUMMARY The Habitat Conservation Fund (HCF) is a competitive grant program administered by the California Department of Parks and Recreation under the California Wildlife Protection Act of 1990. The program funds local agency acquisition of wildlife corridors and urban trails, as well as nature interpretation and other programs that bring urban residents into parks and wildlife areas. The District proposes submitting a grant application for $500,000 in the upcoming HCF funding cycle to assist in the acquisition of 650 acres of the Johnston Ranch Uplands (Attachment 1), located just south of the City of Half Moon Bay and owned by Peninsula Open Space Trust (POST). This property, identified as a new acquisition opportunity in the District’s Fiscal Year 2017-2018 Action Plan and Budget in support of Measure AA Portfolio 1 - Miramontes Ridge Land Conservation, is considered to be highly competitive under the HCF’s Trails grant category. Approval of this Resolution by the Board of Directors (Board) is required for application submittal and will commit the District to provide matching funds for this grant request at the future time of acquisition, if and when the purchase is approved by the Board. If the grant is awarded, the Board may consider use of Measure AA funds as the funding match requirement to complete the purchase. The grant allows the District up to five years to complete the transaction. The grant requires that a 20-year deed restriction for future parks and recreation use of the property to be placed on the property when purchased. However, this application does not commit the District to pursuing this purchase. If the grant application is successful but the acquisition does not proceed as scheduled, the District would communicate the change to the California Department of Parks and Recreation to void the agreement. R-17-110 Page 2 DISCUSSION The HCF Program was established by the State of California to provide matching grants to local agencies for the acquisition of open space lands for wildlife corridors and urban trails, nature interpretation programs, and other programs that bring urban residents into parks and wildlife areas. To date, the District has successfully completed 13 HCF grant acquisitions, which have resulted in 15 property additions to six open space preserves. Since the HCF’s inception, the amount of program funding has fluctuated, but more recently just over $2 million has been available each year. However, this program is set to sunset, with only two more years of available funding remaining. Consequently, more than $2 million will be available this funding cycle as the program seeks to distribute remaining funds from projects that were unable to proceed as scheduled. Johnston Ranch Uplands is a critical acquisition in the District’s effort to implement Measure AA Portfolio 1 – Miramontes Ridge and facilitates a future public opening of Miramontes Ridge Open Space Preserve (OSP). This acquisition is also a highly competitive project for an HCF grant under the Trails funding category. POST originally purchased the larger 880-acre Johnston Ranch property in the late 1990s in response to a development threat from a golf course and high-end housing. Its location in Half Moon Bay (Attachment 1) is particularly attractive for open space and wildlife corridor protection given its proximity to an urban center, potential connection to coastal and regional trails, and its proximity to both Miramontes Ridge OSP and Burleigh H. Murray State Park. The property is a mixture of grazed and ungrazed coastal uplands. Arroyo Leon, a tributary of Pilarcitos Creek, runs through the property. The land has habitat for at least three threatened or endangered species (San Francisco garter snake, California red-legged frog, and steelhead trout). It is adjacent to Highway 1, a state-designated scenic corridor that is a conduit for recreational visitors, and to Higgins Road, a county-designated scenic corridor. The City of Half Moon Bay owns the Johnston House along the western edge of the property, which has significant historical value and is a growing focal point for tourism in the region. The City property is also improved with a small public parking lot, picnic tables, restroom, and meeting space. The District is working with POST to bring the potential purchase to the full Board for consideration after the completion of a Lot Line Adjustment process that will separate out approximately 650 acres of upland from approximately 30 acres of working farmlands. The 30 acres would be sold to the current farm tenant and remain as agricultural land. This potential acquisition is well-matched for an HCF application due to its recreational, cultural, scenic, and natural resource value. The timing of the potential acquisition within the next two to five years is conducive to the timeframe of this grant. After acquisition, public access planning for Miramontes Ridge OSP will be considered in the District’s future Action Plan and Budget cycles. Trail planning would complement the City of Half Moon Bay’s efforts to improve cycling and pedestrian access to open space within and surrounding their city, and may implement a portion of the County’s 2001 Draft Trails Master Plan. Long-range public access goals as outlined in Measure AA Portfolio 1 – Miramontes Ridge are highly integrated into trail connectivity goals for the region and the goals of the HCF Program. Both the County of San Mateo and the City of Half Moon Bay have been consulted during pre-acquisition planning by the District and POST, and are in support of this grant R-17-110 Page 3 application. District staff has met with HCF program staff about this grant. They have encouraged the District to request $500,000 given the fit with the HCF program goals. Applications are due October 2, 2017. The State Office of Grants Administration will notify applicants of a project award before July 1, 2018. If awarded, the District must commit to providing a dollar-for-dollar match from non-state sources for the remainder of the purchase price at the time of acquisition. Additionally, owners of property that receive HCF grant funds are required to record a deed restriction restricting the future use of the property to parks and recreation purposes for a period of 10 to 20 years, depending on the award amount (above $100,000 is a 20 year restriction). This restriction is not in conflict with the District’s goals and objectives for this property. Further, this application does not commit the District to pursuing this purchase. No determination is being made at this time about possible future use and management of the property. Such determination shall be made at the actual time of acquisition. The attached Resolution (Attachment 2) authorizes the General Manager to approve the filing of the application and certifies that the required match has been committed and sufficient funds are available to execute this project. FISCAL IMPACT If successful, this grant, for which the District is requesting $500,000, will represent a positive fiscal impact for the District beginning in FY18-19. Matching funds are a requirement of this grant, and the District would cover the remainder of the acquisition costs. District funding would be through Measure AA1-003, Miramontes Ridge Land Conservation, which focuses on pursuing land purchase opportunities that grow the District’s contiguous greenbelt at Miramontes Ridge. BOARD COMMITTEE REVIEW This report was not previously reviewed by a committee. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE CEQA Determination The District has concluded that the action being recommended in this Report is exempt from the CEQA. The proposed action seeks a funding mechanism. Approval of this funding mechanism has no possible significant physical impact on the environment under CEQA Guidelines Section 15061 (b) (3) and Section 15378 (b) (4). Section 15061 (b) (3) exempts the recommended action as the activity is covered by the general rule that CEQA only applies to projects which have the potential for causing a significant effort on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. R-17-110 Page 4 Sections 15378 (b) (4) exempts the recommended action 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. NEXT STEPS With Board approval, the District will adopt the proposed Resolution. Near-term next steps for the project include: • Finalize the HCF application and submit by October 2, 2017. • Continue POST Johnston Ranch Uplands project investigation per tasks outlined in District’s FY2017-18 Action Plan and Budget for Miramontes Ridge Land Conservation. • POST, in consultation with the District, will submit a Lot Line Adjustment application to the County of San Mateo. Attachment: 1. Project Location Map 2. Resolution approving a grant application for funds from the Habitat Conservation Fund Program Responsible Department Heads: Stefan Jaskulak, CFO/Director of Administrative Services Mike Williams, Real Property Manager Prepared by: Melanie Askay, Grants Specialist, Administrative Services Elish Ryan, Real Property Planner III Contact person: Melanie Askay, Grants Specialist, Administrative Services Attachment 1 ATTACHMENT 2 Resolutions/2017/R-17-__HCFGrantApplication 1 RESOLUTION 17-__ RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM WHEREAS, the people of the State of California have enacted the California Wildlife Protection Act of 1990, which provides funds to the State of California for grants to local agencies to acquire, enhance, restore or develop facilities for public recreation and fish and wildlife habitat protection purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the HCF Program, setting up necessary procedures governing project application under the HCF Program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application(s) before submission of said application(s) to the State; and WHEREAS, the applicant will enter into a contract with the State of California to complete the project(s); The Board of Directors of Midpeninsula Regional Open Space District does hereby resolve as follows: 1. Approves the filing of an application for the Habitat Conservation Fund Program; and 2. Certifies that said applicant has or will have available, prior to commencement of any work on the project included in this application, the required match and sufficient funds to complete the project; and 3. Certifies that the applicant has or will have sufficient funds to operate and maintain the project(s), and 4. Certifies that the applicant has reviewed, understands, and agrees to the provisions contained in the contract shown in the Grant Administration Guide; and 5. Delegates the authority to the General Manager to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the project. 6. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ATTACHMENT 2 Resolutions/2017/R-17-__HCFGrantApplication 2 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ______, 2017, 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 roll call vote at a meeting thereof duly held and called on the above day. District Clerk R-17-108 Meeting 17-20 September 29, 2017 AGENDA ITEM 7 AGENDA ITEM Award of Contract to Albion Environmental, Inc. for Archaeological Services at Bear Creek Redwoods Open Space Preserve in FY2017-18 and FY2018-19. GENERAL MANAGER’S RECOMMENDATIONS 1. Determine that the recommended action has been evaluated previously under the California Environmental Quality Act. 2. Authorize the General Manager to enter into a multi-year professional services contract with Albion Environmental, Inc. of Santa Cruz, California to provide archaeological services in Bear Creek Redwoods Open Space Preserve in Fiscal Year (FY) 2017-18 and FY2018-19 for a base contract amount of $160,937. 3. Authorize a 20% contingency of $32,188 to be expended only if necessary to cover unforeseen conditions, for a not-to-exceed total contract amount of $193,125. SUMMARY The proposed award of contract will provide necessary archaeological services, as identified in the Bear Creek Redwoods Preserve Plan/ Environmental Impact Report (EIR), in support of District efforts to construct public access and recreational improvements to open the Preserve to public access in 2018. The EIR identified numerous potentially significant cultural resources within the Preserve, and required the evaluation of these resources to determine significance, and if significant, to make recommendations to avoid or mitigate potential impacts. A Request for Proposals and Qualifications (RFPQ) was released on July 25, 2017 and posted on the District’s website and eight proposals were received. After staff’s thorough review of the proposals, the General Manager recommends awarding the contract to Albion Environmental of Santa Cruz, CA. The cost for these services will not exceed $193,125 over two years. DISCUSSION Background On January 25, 2017 the Midpeninsula Regional Open Space District Board of Director’s certified the Bear Creek Redwoods Preserve Plan Final Environmental Impact Report (EIR) and approved the related Bear Creek Redwoods Preserve Plan (R-17-15). There are numerous cultural resources within Bear Creek Redwoods stemming from the long history of human occupation. Past studies, including studies undertaken for a formerly proposed golf course, and timber harvest plans approved prior to District purchase, have recorded a substantial number of cultural resources. A thorough Cultural Resources Analysis was prepared to support the EIR, and R-17-108 Page 2 included background information of past archaeological studies within what is now the Preserve and recent observations by staff, which identified and characterized known cultural resources within the Preserve (Pacific Legacy, September 2016). The Cultural Resources Analysis compiled an inventory of these resources, and identified where additional evaluations were necessary to determine if resources were eligible for inclusion in the National Register of Historic Places (NRHP) or the California Register of Historic Resources (CRHR). There are 25 cultural resources that have been identified in the EIR which require evaluations to determine eligibility for NRHP or CRHR as well as to determine potential impacts of Preserve Plan project implementation, including potential construction related effects, and potential effects from increased visitor use. These evaluations are required prior to the implementation of certain Preserve Plan actions such as road and trail construction, site clean-up, or increased public access into sensitive areas. Given the extensive cultural resource presence throughout the Preserve, and the substantial construction and demolition projects approved in the Preserve Plan, a 20% contingency is recommended to address the higher potential for encountering unforeseen conditions than is typical for most projects. Consultant Selection A request for proposals/qualifications (RFPQ) was released on July 25, 2017, and posted on the District’s web site. The District received interest and requests for additional information from 10 consulting firms. An optional pre-bid site tour was conducted on August 10, 2017, and was attended by six firms. Proposals were due August 24, 2017 and eight proposals were received, reviewed and ranked by Natural Resources and Planning Department staff. Bidder Location Total Bid Albion Environmental, Inc. Santa Cruz, CA $160,937 Cogstone Orange, CA $180,623 Dudek, Inc. Santa Cruz, CA $134,487 Garcia and Associates San Rafael, CA $175,003 LSA Richmond, CA On-call Services Only Pacific Legacy, Inc. Berkeley, CA On-call Services Only Past Lifeways Archaeological Studies Sunnyvale, CA On-call Services Only WSA, Inc. Orinda, CA $80,113 Following review, the review team determined that Albion Environmental, Inc. was the most qualified firm with the best proposal and most relevant local experience to provide archaeological services to the District at Bear Creek Redwoods. The award of contract to Albion Environmental, Inc., will provide the archaeological services necessary to formally evaluate the cultural resources identified in the EIR. Additionally, this award of contract will provide for anticipated archaeological monitoring associated with implementing Preserve Plan actions in areas of cultural resources sensitivity. R-17-108 Page 3 Staff plans to also use this RFPQ process to establish up to four archaeological services on-call contracts with the most qualified firms for $50,000 each to respond to unanticipated discoveries and smaller archaeological services needs throughout the District. Budget for the on-call archaeological services will be identified with individual project budgets, as needed, and funds are only guaranteed to consultants at the time individual projects are developed and task orders issued. This process will also establish a pre-qualified archaeological consultants list for potential future District-wide solicitations for larger archaeological project needs. FISCAL IMPACT The Fiscal Year (FY) 2017-18 budget includes $1,671,936 for the Bear Creek Redwoods Public Access (MAA21-005), and additional funds are allocated in the three-year Capital Improvement Program of $2,064,156 in FY2018-19 and $354,506 in FY 2019-20. This contract award for Cultural Resource Evaluations will total $193,125. There are sufficient funds in the project budget to cover the recommended action and expenditures. FY2017-18 FY2018-19 FY2019-20 MAA 21-005 Budget: $1,671,936 $2,064,156 $354,506 Spent to Date (as of 08/17/2017): $0 $0 $0 Encumbrances: $155,000 $0 $0 [Recommended Action re: Cultural Resources – Costs]: $93,125 $100,000 $0 Budget Remaining (Proposed): $1,423,811 $1,964,156 $354,506 The following table outlines the Measure AA Portfolio 21 budget, costs-to-date, and the fiscal impact related to the Cultural Resource Evaluations. Completing these evaluations will allow implementation of Preserve Plan actions such as road and trail construction, site clean-up, or increased public access into sensitive areas. MAA 21 Portfolio Allocation: $17,478,000 Life-to-Date Spent (as of 08/17/2017): $1,191,548 Total Encumbrances: $155,000 [Recommended Action re: Cultural Resources – Costs]: $193,125 Balance Remaining (Proposed): $15,938,327 BOARD COMMITTEE REVIEW On January 25, 2017 the Board of Directors certified the Bear Creek Redwoods Preserve Plan Final Environmental Impact Report (EIR) and approved the related Preserve Plan. The adopted EIR directs the District to undertake the cultural resource evaluations that are the subject of this award of contract. R-17-108 Page 4 PUBLIC NOTICE Public notice was provided as required by the Brown Act. Additional notice was provided to interested parties of the Bear Creek Redwoods Preserve Plan and historic resources, as well as adjoining neighbors of Bear Creek Redwoods Open Space Preserve. CEQA COMPLIANCE This item implements Environmental Protection Measure CUL-1 from the Bear Creek Redwoods Preserve Plan Final Environmental Impact Report (EIR), which was certified by the Board at the January 25, 2017 meeting (R-17-15). NEXT STEPS Upon Board authorization, the General Manager will enter into contract with Albion Environmental, Inc. to begin the archaeological evaluations at Bear Creek Redwoods. This project is anticipated to be completed in the summer of 2019. The archaeological services on- call contracts will be executed under the General Manager’s signing authority. Individual task orders will be issued, as needed, thereafter. Responsible Department Head: Kirk Lenington, Natural Resources Department Prepared by: Matt Baldzikowski, Senior Resource Management Specialist, Natural Resources Department R-17-111 Meeting 17-23 September 27, 2017 AGENDA ITEM 8 AGENDA ITEM Award of Contract for Environmental Services to Support the Ravenswood Bay Trail Project GENERAL MANAGER’S RECOMMENDATIONS 1. Authorize the General Manager to enter into a multi-year contract with H.T. Harvey and Associates to provide environmental consulting services to support the Ravenswood Bay Trail Project for a base contract amount of $58,000. 2. Authorize a 15% contingency of $8,700, to be expended only if necessary to cover unforeseen conditions, for a not-to-exceed contract amount of $66,700. SUMMARY The Ravenswood Bay Trail Project (Project) (MAA 02-002) will close a gap in the San Francisco Bay Trail, linking Ravenswood Open Space Preserve (Preserve) with University Avenue in East Palo Alto and Menlo Park. Currently, trail design and engineering plans are under development. Once complete, expert assistance will be needed to prepare complex permit applications, and consult and negotiate with more than five different regulatory agencies. Based on the results of a Request for Proposals (RFP) issued on July 26, 2017 for this work, the General Manager recommends awarding a contract to H.T. Harvey and Associates for a total amount not-to-exceed $66,700. The Planning Department’s FY2017-18 budget includes funds sufficient to cover the contract’s anticipated FY2017-18 expenditures of $40,000. The FY2018- 19 Budget would include funds to close the contract for work remaining next fiscal year. DISCUSSION In November 2016, the Board of Directors approved the conceptual trail alignment and certified the Project’s Initial Study / Mitigated Negative Declaration. Detailed trail design and engineering plans are under development, and once complete, environmental consultants will be needed to assist with the preparation of permit applications as well as consultation and negotiations with the regulatory agencies. The consultant hiring process for this Project leveraged a separate Request for Proposals and Qualifications (RFPQ) process that was conducted in 2016 to establish biological on-call consultant contracts and a prequalified consultant list for other future work. Using this prequalification list, staff issued a separate RFP to three of the most qualified firms on the list for the Project with environmental consulting expertise, and experience (1) monitoring and handling sensitive species that may occur at the site and (2) securing permits for work in bayland habitat. One proposal was received from H. T. Harvey and Associates. Their bayfront experience R-17-111 Page 2 working on the South Bay Salt Shoreline and Palo Alto Baylands Boardwalks project make them very well suited for the Ravenswood Bay Trail Project. Pre-qualified Firms Location Proposed Fee H.T. Harvey and Associates San Jose, CA $66,700 AECOM Oakland, CA Nonresponsive LSA Pt. Richmond, CA Nonresponsive FISCAL IMPACT The Planning Department’s FY2017-18 budget includes $149,000 for the Ravenswood Bay Trail Project (MAA 02-002). Within this budget, there are funds sufficient to cover this contract’s anticipated FY2017-18 expenditures of $40,000. The upcoming FY2018-19 Budget would include sufficient funds to close out the remaining work under this contract. FY17-18 FY18-19 MAA 02-002 Planning Budget $149,000 $253,600 Spent-to-Date (as of 8/24/17): $0 $0 Encumbrances: $100,000 N/A H.T. Harvey Contract (projected - including 15% contingency applied in FY18-19): $40,000 $26,700 MAA 02-002 Budget Remaining (Proposed): $9,000 $226,900 The following table outlines the Measure AA Portfolio 02 Regional: Bayfront Habitat Protection and Public Access Partnership budget, costs-to-date, and the fiscal impact related to the Ravenswood Bay Trail Project (MAA 02-002). MAA #02 Portfolio Allocation: $5,052,000.00 Grant income received to date (as of 8/24/17): $104,338.30 Life-to-Date Spent (as of 8/24/17): $ 286,139.81 Encumbrances: $100,000.00 Recommended Action – Costs (including 15% contingency): $66,700.00 MAA #02 Balance Remaining (Proposed): $ 4,703,498.49 BOARD COMMITTEE REVIEW A Real Property Committee meeting was held on February 16, 2016 in the City of East Palo Alto to provide committee members and the public with a status update on the Ravenswood Bay Trail Project and trail easement acquisition from the SFPUC to close a critical Bay Trail gap. On November 16, 2016, the Board of Directors approved the conceptual trail alignment and certified the Project’s Initial Study / Mitigated Negative Declaration. PUBLIC NOTICE Public notice was provided as required by the Brown Act. R-17-111 Page 3 CEQA COMPLIANCE The award of contract is not a project subject to the California Environmental Quality Act. NEXT STEPS Following Board approval, the General Manager will direct staff to enter into a contract with H.T. Harvey and Associates to provide environmental services in support of the Ravenswood Bay Trail Project. Responsible Department Head: Jane Mark, AICP, Planning Prepared by: Gretchen Laustsen, Planner III, Planning DATE: September 27, 2017 MEMO TO: MROSD Board of Directors THROUGH: Stephen E. Abbors, General Manager FROM: Lisa Bankosh, Planner III SUBJECT: Alma College Parking Area and Trail Crossing Project – Crosswalk Safety Review _____________________________________________________________________________ Alma College Parking Area and Trail Crossing Project – Crosswalk Safety Review On March 28, 2017, the Planning and Natural Resources Committee reviewed the schematic design for the Alma College Parking Area and Trail Crossing Project at Bear Creek Redwoods Open Space Preserve. The proposed design of the Phase I trail crossing locates the crosswalk north or to the right of the parking driveway entrance (as seen from a driver exiting the parking lot). Because the majority of traffic exiting the parking area would turn to the right (towards HWY 17 and Los Gatos), and therefore drive across the crosswalk, the Committee requested a second look at the crosswalk location. To respond to this request, the project traffic consultant conducted a more thorough examination of current and anticipated traffic patterns relative to the crosswalk location. Hexagon Traffic Consultants confirmed that the crosswalk location north/to the right of the driveway is the preferred location, for the following reasons: 1. A driver making a left turn must look for gaps in vehicular traffic in two directions rather than just one, and may be less likely to notice a pedestrian in a crosswalk; 2. The crosswalk would need to be physically farther from the driver due to topography if it were on the left (south) of the driveway, making it more difficult to see a pedestrian approaching the crosswalk; and 3. Moving the crosswalk to the left of the driveway would require the construction of costly and substantial retaining walls as part of the Phase I improvements, which would need to be subsequently removed in 1-3 years when the Phase II undercrossing is constructed. To further confirm the proposed design, staff contracted TJKM Traffic Engineering to perform a third party peer review. A field review was conducted on August 23, 2017 to verify sight distance and the at‐grade crossing and driveway location. TJKM concluded that the proposed parking area and at‐grade crossing location provide adequate access to the new trail on the west side of the preserve. The report provides a number of detailed comments regarding the type and location of pavement striping, and design of the solar powered Rectangular Rapid Flashing Beacon, but no changes were recommended on the location of the crossing. Finally, Santa Clara County Roads and Airports reviewed the proposed crosswalk and driveway design as part of the encroachment permit process. The County also approved the design and current crossing location, requesting only minor changes in the striping specifications. From the results of these three additional design reviews, staff concludes that the proposed crosswalk design provides a safe pedestrian access to the new trail, with no changes recommended to the crosswalk location relative to the driveway entrance. Moreover, careful attention has been given to provide added safety measures for this crossing. Safety measures include pavement striping, advance warning signs, and crosswalk signs with pedestrian-activated flashing beacons at the crossing locations. The Board will consider final design approval for the parking area and crosswalk at their regular meeting of October 25, 2017. From: To: we er Subject: Full Board of Directors and District Clerk - Board Contact Form Date: Friday, September 8, 2017 3:24:49 PM Name * Mike Liebhold Select a Choice Full Board of Directors and District Clerk Email Location: (i.e. City, Address or District 10 durham Road, 94062 Ward) Daytime Phone Number (if you wish to be contacted by phone) Comments: * To: the Full Board of Directors, MidPeninsula Regional Open Space District cc: Coty Sifuentes-Winter, kingsmtn@yahoogroups.com, Kirk Lenington, Patty Mayall, Jennifer Woodworth, Dear Board Members, I am writing you today to thank you for launching the Integrated Pest Management Plan (IPM) in 2014, and for the special mitigation effort, in 2014- 201 5 cleaning up the improper application of glyphosate (Roundup) herbicides on Open Space on Native Sons Road. Since the district provided water quality tests at that time, I have recently learned that glyphosates are far more persistent in the soil than I understood, and may not be immediately evident in groundwater - so local earlier water tests were inconclusive. Now What? I am also writing to request several related board level considerations: 1. Please conduct a deeper review of the latest annual IPM report to determine what , if any expert and current biological science review was included for application of herbicides in wild space. (No biological review was listed in the current annual IPM report, although there was a sketchy analysis of cost savings using glyphosates, and a full color picture of the new spray truck ) 2. Please approve Incorporation of permanent monitoring of water quality, and especially water and soil biology as part of continuous ecological evaluation of pest treatment practices as committed in the original IPM 3. Please consider ending or a moratorium on herbicide application in the district, pending a complete scientific review, and until an adequate continuous and rigorous scientific review process is incorporated into the open space IPM process as committed in the original IPM 4. Please Create a position and hire a Phd. level ecologist to serve as the full-time ombudsman for the District wilderness, Many thanks for your kind consideration, Mike Liebhold 10 Durham Road Woodside, 94062 DRAFT RESPONSE FOR BOARD REVIEW September 27, 2017 Mike Liebhold 10 Durham Road Woodside, CA 94062 RE: Midpeninsula Regional Open Space District Integrated Pest Management Program Dear Mr. Liebhold, Thank you for taking the time to write to the Midpeninsula Regional Open Space District (the District) with your suggestions regarding the District’s Integrated Pest Management (IPM) Program. It is clear from both your requests and the accompanying correspondence that you are very concerned over the District’s use of pesticides as a tool to manage pest species in open space lands. The crux of your concerns appear to center on the District staff’s biological review of sites where pesticides are proposed for use or have been used, as well as the District’s understanding of the current scientific knowledge of the environmental impact of pesticides, particularly glyphosate. The District determined that chemical pesticides are one of the tools that should be available to staff when managing pests on Open Space Lands and included pesticides within the IPM Program when the program was established and reviewed in 2014. The IPM Program’s environmental review was through an Environmental Impact Report (EIR) that included a toxicological review of the pesticide products proposed for inclusion in the IPM Program. This toxicological review included an assessment of many aspects of the proposed pesticides by technical experts (PhD toxicologists) who evaluated the current scientific knowledge of the human toxicity, ecotoxicity (effect on the environment), as well as physiochemical characteristics of the pesticides, such as persistence in soil and water and ability for the pesticide to bioaccumulate. Based on this review, pesticides were either excluded from use, or included in the District’s IPM Program. The IPM Program includes many requirements for the evaluation and monitoring of pest treatment sites, regardless of the treatment methodology. In particular, District biologists are required to survey all treatment sites prior to work to determine site conditions and if any site-specific measures are warranted. This work is not summarized in the IPM Annual Report, however the District has partnered with many organizations (such as the National Park Service, US Forest Service, Presidio Trust, and the Marin Municipal Watershed District) to develop a data collection and management tool within CalFlora 2 for managing this data, monitoring the effectiveness of treatment methods, and sharing data with partners. Glyphosate (Roundup) continues to be a controversial pesticide and the subject of much research throughout the world to evaluate its toxicity (both human and ecological). Although one of the treatment methods allowed within the District’s IPM Program, the use of this chemical is limited, and where used, carefully prescribed and monitored. I understand your concerns that the ongoing research may uncover effects that were previously unrecognized. District staff stays current with laws, regulations, and research of pesticides in wildlands. However, to insure that the District has a comprehensive understanding, the District will contract with toxicologists to perform an impartial review of the current research and recommend any changes to the IPM Program that the Board should consider in light of their findings. In closing, I wanted to thank you for voicing your concerns. I look forward to sharing the results of our review of the current research related to glyphosate when it becomes available. Sincerely, Larry Hassett President, Board of Directors cc: Stephen E. Abbors, General Manager Kirk Lenington, Natural Resources Manager Coty Sifuentes-Winter, Integrated Pest Management Coordinator From:Jennifer Woodworth Bcc:BOARD; Ana Ruiz; Stefan Jaskulak Subject:Board Questions for 9/27/17 Agenda Date:Wednesday, September 27, 2017 9:23:45 AM Good morning all, Please find the responses below in blue for questions submitted by the Board for tonight’s agenda. Thank you. Jen Director Riffle I have a question about Check Number 76104. Within the list of expenses is $15,685.65 for four items. Is there a way this expense can be broken down by item? This is a relatively large expense that I'd like to better understand. In the future it would be great if we could have these CC expenses listed by item if over a certain amount ($1000?) I'm not sure if our system will allow it, but it would be helpful for the Board's oversight. The four items listed on the Claims Report in the description field are the following: Ads for On-Call Contractor $ 588.69 Office Furniture for Planning & Engineering and Construction depts $ 2,727.95 Office Supplies for new staff $ 269.80 Fuel for District Vehicles $11,794.74 The other miscellaneous items not listed were under $100. The current Bank of the West credit card system requires a manual process to list all items. Staff will explore the capabilities for more automated reporting as we transition to Wells Fargo credit cards, which is expected late this year. That said, this month was a bit exceptional in that there were two months of statements rolled into one reporting document and quite a few charges related to the Mount Umunhum Grand Opening. Also $11,000 of the $15,000 in question was for the monthly fuel purchase for Valley Oil, and the claims report will now show the monthly fuel purchase on a District credit card ($10K to $12K per month) going forward given that we earn a modest rebate on the card program of 0.80-1.00%. Moving the oil/gas payment over to the card increases this rebate by approximately $1,000 per year. The vendor has recently starting accepting credit cards as a form of payment and it makes financial sense for us to move our payments via credit card. 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.