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Home My Public Portal About20010101 - Agenda Packet - Board of Directors (BOD) (5) Midpeninsula Regional Open Space District Meeting 10-25 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Wednesday,October 13, 2010 SPECIAL MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BEGINS AT 5:30 P.M. REGULAR MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BEGINS AT 7:00 P.M. 330 Distel Circle Los Altos, California AGENDA SPECIAL MEETING 530* ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT- CLOSED SESSION Conference with Real Property Negotiator—California Government Code § 54956.8 Real Property—5755 Alpine Road, La Honda,California San Mateo County APN 080-380-030 Agency Negotiator—Michael Williams, Real Property Manager Negotiating Party—Carol Silva,owner,Thomas Spilsbury,owners representative Under negotiation—Price and terms of real property transaction *2. Conference with Real Property Negotiator—California Government Code § 54956.8 Real Property— located on the north side of Summit Road approximately 1/2 mile south of the intersection with Bear Creek Road,Los Gatos,California,Santa Clara County APN 544-50-009 Agency Negotiator—Michael Reeves,Real Property Specialist Negotiating Party—Mildred Holmes,owner Under negotiation—Price and terms of real property transaction *3. Conference with Legal Counsel—Anticipated Litigation—Significant Exposure to Litigation Pursuant to Subdivision(b)of California Government Code §54956.9—One Case REGULAR MEETING 7:00* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT— PUBLIC SESSION ROLL CALL REPORT ON RETURN FROM CLOSED SESSION(The Board shall publicly state any reportable action taken in Closed Session pursuant to Government Code Section 54957.l) ** ORAL COMMUNICATIONS—PUBLIC ** ADOPTION OF AGENDA ** INTRODUCTION OF NEW DISTRICT STAFF—JAMES ATENCIO 7:10* CONSENT CALENDAR *1. Approve Minutes of the Regular and Special Board Meetings of Se Iernber 8,2010 *2. Approve Revised Claims Report *3. Approve Written Communications-None 7:20* BOARD BUSINESS > — Radcliffe Election of Board Officers for the Remainder of Calendar Year 2010 M. 4 Elcc 5. Approve the Advertising and Recruitment Process for Filling the Ward 2 13oard Vacancy for the Crrrent m e1 1 and Determine Whether to Commence the Advertisement and Recruitment ndin�Janua 220 Process for F filling the Forthcorrrin� Ward 2 Vacanc�in the Fermm Comrrlenc�ng lanuar 3,2011 —S. Schectman and M. Radcliffe 6a. a.A rove the purchase of the Slaght Trust property as an addition to the Mt. t.11rluT111Lim Area of Sierra Azul Omen Space Preserve located at 18171 Pheasant Road Los Gatos t�alifornia(Santa Clara County Assessor's Parcel Number 537 10-003Adopt the Preliminary Use and Management Plan;and Approve.a Categorical Exemption in Accordance with the California Environmental Quality Act-—M. Williams 6b. b.Consider Approval of an Amendment to the Preliminary Use and Management Plan for the Slaght Property at Sierra AZUI Open Space Preserve to Allow Use as a Temporary Soutll Area Field �cility; and Approve_a Categorical Exenl tion in Accordance with the California Environmental Quality Act—M. Williams i 7. Approve the purchase of the Powell property as an addition to Monte Bello Open Space Preserve_ located at 17281 Stevens Canyon Road in unincorporated Santa Clara County Assessor's Parcel Number 351-26- 002) Adopt of the Preliminary Use and Management flan:and Approvc_� Categorical t xe L L accordance with the California Environmental Quality Act—M. Reeves 8. Consideration of Adoption of Resolution in Opposition to Statewide Proposition 23 on the November 2, 2010 Ballot—R.Jurgensen i 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 factual information;request staff to report back to the Board on a matter at a future meeting;or direct staff to place a matter on a future agenda. A. Committee Reports B. Staff Reports C. Director Reports ADJOURNMENT Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order. To ADDRESS THE ROARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily he limited to three minutes. Alternately,you may comment to the Board by a written communication, which the Board appreciates. Consent Calendar:All items an the Consent Calendar may pp 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. 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 1,Michelle Radcliffe,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 October 8,2010,at the Administrative Offices of MROSD,330 Distel Circle, Los Altos California,94022. The agenda is also available on the District's web site at htlpa/w—viy; nc.ore. Signed this 8°i day of October,at Los Altos,California. District Clerk October 8,2010 Claims No. 10-20 Meeting 10-26 Date 10/13/10 Midpeninsula Regional Open Space District # Amount Name Description 13656 $2,015,000.00 ## North American Title Company Land Acquisition-Slaght Property 13657 $990,000.00 ## North American Title Company Land Acquisition-Powell Property 13658 $124,336.99 *1 Downtown Ford Two Patrol Trucks&One Maintenance Truck 13659 $25,000.00 *2 Old Republic Title Company Deposit-Land Acquisition 13660 $11,195.00 S&C Environmental Solutions Grind Trees At Skyline Ridge-Tree Farm Restoration Project 13661 $9,720.00 California Conservation Corps Thistle Control At Mindego Ranch/Broom Removal At FFO 13662 $9,202.60 Brush Road Corporation Annual Brush Road Assessments 13663 $8,787.36 United Rentals Northwest Equipment Rental-Excavator&Dozer For Skyline Ridge Tree Farm Restoration Project 13664 $8,180,99 Pape' Machinery Rental Equipment-Dozer&Excavator For Restoration Project At Thornewood 13665 $5,246.38 EQ Wine Covers Company Balance Due-Storage Structure At FFO 13666 $3,038.37 Sol's Mobile Service Vehicle Repairs&Service/Bobcat Radiator Repair 13667 $2,972.69 *3 Big Creek Lumber Lumber For Trail Repairs At Pulgas Ridge/Redwood Posts For FFO Stock 13668 $2,798.58 Metro Mobile Communications Radio Equipment&Repairs 13669 $2,785.48 Peninsula Digital Imaging Scanning&Copy Services-Maps For Guadalupe TMDL Project i Graphics Production For Mt. Umunhum Public Meeting 13670 $2,671.20 The Bank Of New York Mellon Note Paying Agent Fees- 1999#2 Revenue Bonds 13671 $2,606.68 Petrotek Replace Fuel Pump-FFO/Replace Missing Gauge-SFO 13672 $2,574.06 Ecological Concerns Native Revegetation Maintenance&Monitoring-Skyline Ridge Tree Farm 13673 $2,000.00 Portola Park Heights Property Owners' Portola Heights Road Dues-4 Parcels Association 13674 $1,934.82 Craftsmen Printing Printing Services-4000 Envelopes With No Window 13675 $1,922.60 Dutra Materials Rock For Thornewood Project 13676 $1,700.00 Aaron's Septic Tank Service Pumping Services-Rancho San Antonio/Monte Bello/Windy Hill 13677 $1,453.50 Design, Community&Environment Resource Management Plan Assistance 13678 $1,292.81 Home Depot Field Supplies/Nail Pullers/Rental Residence Expenses-Door For Washer&Dryer Room,Smoke Detector&Down Spout Parts /Materials For Retaining Wall At Pulgas Ridge/Blinds For SFO J Rake/Signboard Hardware 13679 $1,286.25 Tadco Supply Janitorial Supplies For RSA 13680 $946.08 Direct Marketing Solutions Mail House Services 13681 $831.40 Summit Uniforms Uniform Expenses 13682 $811.18 Reed&Graham Straw Wattles For Tree Farm Restoration Project 13683 $806.19 Acme Rigging&Supply Company Winch Equipment&Shackles 13684 $613.50 Costco Staff Recognition Event Supplies/SFO Office Supplies i Volunteer Supplies 13685 $594.77 Cresco Equipment Rental Double Drum Asphalt Roller-Pad For New Storage Shed At FFO 13686 $549,06 ADT Security Services Alarm Service-SFO&FFO 13687 $485.69 Stevens Creek Quarry Base Rock For New Storage Shed At FFO 13688 $480.08 San Jose Water Company Water Service-RSA County Park 13689 $460.00 Green Waste Debris Box-SFO 13690 $446.40 The Ferguson Group Legislative Consultant-Lobbyist For Mt. Umunhum 13691 $438.85 Staples Business Advantage Break Room Supplies 13692 $399.95 Hsieh, Benny Reimbursement- Memory For Five Notebooks 13693 $366.09 Recology South Bay Dumpster-FFO 13694 $324,21 Waste Management Garbage Removal From Road Side Dump 13695 $299.94 Galls Three Medic Bags 13696 $295.98 California Water Service Company Water Service-AO,Windy Hill&Rental Residences 13697 $286.41 All Star Glass Windshield Glass For Administration Vehicle 13698 $265.00 Williams, Mike Reimbursement-Easement Valuation Course Page 1 of 3 Claims No. 10-20 Meeting 10-26 Date 10/13/10 Midpeninsula Regional Open Space District # Amount Name Description 13699 $245.44 Safety Kleen Solvent Tank Service-SFO 13700 $229.44 West Payment Center California Anno Codes 13701 $224.76 FedEx Shipping Charges 13702 $200.00 Grandview/Espinosa Road Fund Annual Road Dues 13703 $190.37 Pine Cone Lumber Bolts For Boardwalk Project At Pulgas Ridge 13704 $186.41 Foster Brothers Lock&Key Services-Door Lock For Rental Residence Keys For Nature Center 13705 $183.52 Ergo Works Ergonomic Equipment 13706 $180.00 Del Rey Building Maintenance Janitorial Supplies-AO 13707 $17122 Allied Waste Services Garbage Service-Rental Residences 13708 $165.00 Overhead Door Company Of Santa Servicing Of Shop Roll Doors At FFO Clara 13709 $155.50 *4 San Mateo County Hazardous Waste Disposal Fee 13710 $150.00 Santa Clara County Clerk Recorders CEQA Notice Of Exemption Fee For Powell&Slaght Property Office 13711 $146.31 Gardenland Power Equipment Pole Saw Parts&Repair 13712 $137.40 Guy Plumbing&Heating Plumbing Repairs-AO 13713 $127.00 Monster Mechanical HVAC Service-AO 13714 $120.93 United Site Services Sanitation Services-Thornewood Trail Work 13715 $120,00 Hooper,Stan Reimbursement-Cell Phone 13716 $119-00 Coastal Sierra Internet Service-SFO 13717 $118.00 Cupertino Medical Group Employee Medical Services 13718 $114.63 Conoco Phillips Fuel 13719 $107.30 Cupertino Bike Shop Patrol Bike Repairs 13720 $100.00 City Of Palo Alto Utilities Utility Fees-Black Mountain 13721 $88,69 Turf&Industrial Equipment Company Tractor Supplies 13722 $87.00 Britt, Kristi Reimbursement-Mileage 13723 $78.00 Pacific Telemanagement Services Pay Phone-Black Mountain 13724 $77.25 Cal-Line Equipment Springs For Chipper 13725 $72.00 American Red Cross CPR/AED Training 13726 $71.00 Terminix Pest Control-AO 13727 $68.82 The Workingman's Emporium Uniform Expenses 13728 $61-18 Kwik Key Lock&Safe Company Two Keys For Patrol Truck 13729 $60.00 Bankosh, Michael Reimbursement-Cell Phone 13730 $55.00 Protection One Fire Inspection&Monitoring-AO 13731 $45.00 Jim Davis Automotive Smog Check 13732 $43.00 Allen's Press Clipping Bureau Clipping Service 13733 $41.00 Hapke,Alexander Reimbursement-Rental Residence Expenses 13734 $29A3 Staples Office Supplies 13735 $25.25 Rayne Of San Jose Water Service-Fremont Older 13736 $20.00 Los Altos Town Crier Annual Subscription 13737 $10.23 UPS Shipping Services 13738 $10.00 ID Plus Name Tag For Employee 13739 $6.56 Paterson, Loro Reimbursement-Uniform Expense Page 2 of 3 Claims No. 10-20 Meeting 10-26 Date 10/13/10 Midpeninsula Regional Open Space District # Amount Name Description Total $3,251,850.78 *1 Urgent check issued 10/5/10 *2 Urgent check issued 10/1/10 *3 Urgent check issued 9/28/10 *4 Urgent check issued 10/5/10 ## In the v n e e t agenda items are not approved,these claims will not be processed Page 3 of 3 Claims No. 10-20 Meeting 10-26 Date 10/13/10 Revised Midpeninsula Regional Open Space District # Amount Name Description 13656 $2,015,000.00 ## North American Title Company Land Acquisition-Slaght Property 13657 $990,000.00 ## North American Title Company Land Acquisition-Powell Property 13658 $124,336.99 *1 Downtown Ford Two Patrol Trucks&One Maintenance Truck 13659 $25,000.00 *2 Old Republic Title Company Deposit-Land Acquisition 13660 $11.195.00 S&C Environmental Solutions Grind Trees At Skyline Ridge-Tree Farm Restoration Project 13661 $9,720.00 California Conservation Corps Thistle Control At Mindego Ranch/Broom Removal At FFO 13662 $9,202.60 Brush Road Corporation Annual Brush Road Assessments 13663 $8,787.36 United Rentals Northwest Equipment Rental-Excavator&Dozer For Skyline Ridge Tree Farm Restoration Project 13664 $8,180.99 Pape Machinery Rental Equipment-Dozer&Excavator For Restoration Project At Thornewood 13665 $5,246.38 EQ Wine Covers Company Balance Due-Storage Structure At FFO 13666 $3,038.37 Sol's Mobile Service Vehicle Repairs&Service/Bobcat Radiator Repair 13667 $2,972.69 *3 Big Creek Lumber Lumber For Trail Repairs At Pulgas Ridge/Redwood Posts For FFO Stock 13668 $2,798,58 Metro Mobile Communications Radio Equipment&Repairs 13669 $2,785.48 Peninsula Digital Imaging Scanning&Copy Services-Maps For Guadalupe TMDL Project/ Graphics Production For Mt. Umunhum Public Meeting 13670 $2,671.20 The Bank Of New York Mellon Note Paying Agent Fees- 1999#2 Revenue Bonds 13671 $2,606.68 Petrotek Replace Fuel Pump-FFO/Replace Missing Gauge-SFO 13672 $2,574.06 Ecological Concerns Native Revegetation Maintenance&Monitoring-Skyline Ridge Tree Farm 13673 $2,000.00 Portola Park Heights Property Owners' Portola Heights Road Dues-4 Parcels Association 13674 $1,934.82 Craftsmen Printing Printing Services-4000 Envelopes With No Window 13675 $1,922.60 Dutra Materials Rock For Thornewood Project 13676 $1,700.00 Aaron's Septic Tank Service Pumping Services-Rancho San Antonio/Monte Bello/Windy Hill 13677 $1,453.50 Design, Community&Environment Resource Management Plan Assistance 13678 $1,292.81 Home Depot Field Supplies/Nail Pullers/Rental Residence Expenses-Door For Washer&Dryer Room, Smoke Detector&Down Spout Parts /Materials For Retaining Wall At Pulgas Ridge/Blinds For SFO t Rake/Signboard Hardware 13679 $1,286,25 Tadco Supply Janitorial Supplies For RSA 13680 $946.08 Direct Marketing Solutions Mail House Services 13681 $831.40 Summit Uniforms Uniform Expenses 13682 $811.18 Reed&Graham Straw Wattles For Tree Farm Restoration Project 13683 $806.19 Acme Rigging&Supply Company Winch Equipment&Shackles 13684 $613.50 Costco Staff Recognition Event Supplies/SFO Office Supplies/ Volunteer Supplies 13685 $594.77 Cresco Equipment Rental Double Drum Asphalt Roller-Pad For New Storage Shed At FFO 13686 $549.06 ADT Security Services Alarm Service-SFO&FFO 13687 $485.69 Stevens Creek Quarry Base Rock For New Storage Shed At FFO 13688 $480.08 San Jose Water Company Water Service-RSA County Park 13689 $460.00 Green Waste Debris Box-SFO 13690 $446.40 The Ferguson Group Legislative Consultant-Lobbyist For Mt. Umunhum 13691 $438.85 Staples Business Advantage Break Room Supplies 13692 $399.95 Hsieh, Benny Reimbursement- Memory For Five Notebooks 13693 $366.09 Recology South Bay Dumpster-FFO 13694 $324.21 Waste Management Garbage Removal From Road Side Dump 13695 $299.94 Galls Three Medic Bags 13696 $295.98 California Water Service Company Water Service-AO,Windy Hill&Rental Residences 13697 $286.41 All Star Glass Windshield Glass For Administration Vehicle 13698 $265.00 Williams, Mike Reimbursement-Easement Valuation Course Page 1 of 3 Claims No. 10-20 Meeting 10-26 Date 10/13/10 Revised Midpeninsula Regional Open Space District # Amount Name Description 13699 $245.44 Safety Kleen Solvent Tank Service-SFO 13700 $229.44 West Payment Center California Anno Codes 13701 $224.76 FedEx Shipping Charges 13702 $200.00 Grandview/Espinosa Road Fund Annual Road Dues 13703 $190.37 Pine Cone Lumber Bolts For Boardwalk Project At Pulgas Ridge 13704 $186.41 Foster Brothers Lock&Key Services-Door Lock For Rental Residence I Keys For Nature Center 13705 $183.52 Ergo Works Ergonomic Equipment 13706 $180.00 Del Rey Building Maintenance Janitorial Supplies-AO 13707 $173.22 Allied Waste Services Garbage Service-Rental Residences 13708 $165.00 Overhead Door Company Of Santa Servicing Of Shop Roll Doors At FFO Clara 13709 $155.50 *4 San Mateo County Hazardous Waste Disposal Fee 13710 $150.00 Santa Clara County Clerk Recorders CEQA Notice Of Exemption Fee For Powell&Slaght Property Office 13711 $146.31 Gardenland Power Equipment Pole Saw Parts&Repair 13712 $137.40 Guy Plumbing&Heating Plumbing Repairs-AO 13713 $127.00 Monster Mechanical HVAC Service-AO 13714 $120.93 United Site Services Sanitation Services-Thornewood Trail Work 13715 $120.00 Hooper, Stan Reimbursement-Cell Phone 13716 $119.00 Coastal Sierra Internet Service-SFO 13717 $118.00 Cupertino Medical Group Employee Medical Services 13718 $114.63 Conoco Phillips Fuel 13719 $107.30 Cupertino Bike Shop Patrol Bike Repairs 13720 $100.00 City Of Palo Alto Utilities Utility Fees-Black Mountain 13721 $88.69 Turf&Industrial Equipment Company Tractor Supplies 13722 $87.00 Britt, Kristi Reimbursement-Mileage 13723 $78.00 Pacific Telemanagement Services Pay Phone-Black Mountain 13724 $77.25 Cal-Line Equipment Springs For Chipper 13725 $72.00 American Red Cross CPR/AED Training 13726 $71.00 Terminix Pest Control-AO 13727 $68.82 The Workingman's Emporium Uniform Expenses 13728 $61.18 Kwik Key Lock&Safe Company Two Keys For Patrol Truck 13729 $60.00 Bankosh, Michael Reimbursement-Cell Phone 13730 $55.00 Protection One Fire Inspection&Monitoring-AO 13731 $45.00 Jim Davis Automotive Smog Check 13732 $43.00 Allen's Press Clipping Bureau Clipping Service 13733 $41.00 Hapke,Alexander Reimbursement-Rental Residence Expenses 13734 $29.43 Staples Office Supplies 13735 $25.25 Rayne Of San Jose Water Service-Fremont Older 13736 $20.00 Los Altos Town Crier Annual Subscription 13737 $10.23 UPS Shipping Services 13738 $10.00 ID Plus Name Tag For Employee 13739 $6.56 Paterson, Loro Reimbursement-Uniform Expense 13740 R $3,329.00 La Piana Consulting Consulting Services For Strategic Plan 13741 R $1,890.00 Dick Haiduck Reimbursement-Slender False Brome Treatment 13742 R $1,542.60 Del Woods Consulting Services-Bear Creek Stables Site Assessment, RFP &Lease Development 13743 R $1,330.00 Ric Springer Reimbursement-Slender False Brome Treatment 13744 R $1,132.72 Recology South Bay Recycling Debris Boxes-FFO 13745 R $1,050.00 Daniel Hunt Reimbursement-Slender False Brome Treatment Page 2 of 3 Claims No. 10-20 Meeting 10-26 Date 10/13/10 Revised Midpeninsula Regional Open Space District # Am ount Name Description 13746 R $875.00 Charles McDonald Reimbursement-Slender False Brome Treatment 13747 R $859.05 Northgate Environmental Management Remedial Investigations&Design At Driscoll Ranch 13748 R $770.00 Wayne Davison Reimbursement-Slender False Brome Treatment 13749 R $548.16 United Site Services Sanitation Services-Fremont Older&Sierra Azul 13750 R $523.31 Orchard Supply Hardware Field Supplies/Boxes For Trail Counters/Skyline Water System Supplies/Plumbing Parts For Rental Residence/Concrete/Pest Control Supplies/Supplies For DHF 13751 R $472.05 Office Depot Office Supplies/Binders/Folders/Poster Boards/Name Badges/USB Hub/Break Room Supplies/CD Boxes&Sleeves 13752 R $420.00 Bonita Twombly Reimbursement-Slender False Brome Treatment 13753 R $350.00 David Dubbs Reimbursement-Slender False Brome Treatment 13754 R $268.76 Northgate Environmental Management Environmental Consulting Services-Review U.S.Army Corps Of Engineers Work At Mt. Umunhum 13755 R $242.37 Mountain View Garden Center California Gold Fines For Cordilleras Trail-Pulgas Ridge 13756 R $161.00 Gartside, Ellen Reimbursement-Mileage 13757 R $104.53 Moffett Supply Company Janitorial Supplies 13758 R $60.00 Jurich,Michael Reimbursement-Cell Phone 13759 R $60.00 Newburn, Michael Reimbursement-Cell Phone 13760 R $50.00 Cupertino Medical Group Employee Medical Services 13761 R $37.94 Robert's Hardware Rental Residence Supplies-Paint 13762 R $30.02 CSK Proshop Vehicle Supplies Total $3,267,957.29 '1 Urgent check issued 10/5/10 '2 Urgent check issued 10/1/10 '3 Urgent check issued 9/28/10 '4 Urgent check issued 10/5/10 ## In the event agenda items are not approved,these claims will not be processed Page 3 of 3 fi t Claims No. 10-20 Meeting 10-26. Date 10/13/10 Revised Midpeninsula Regional Open Space District # AmountmW Name Description 13656 $2,015,000.00 ## North American Title Company Land Acquisition-Slaght Property 13657 $990,000.00 ## North American Title Company Land Acquisition-Powell Property 13658 $124,336.99 "1 Downtown Ford Two Patrol Trucks&One Maintenance Truck 13659 $25,000.00 *2 Old Republic Title Company Deposit-Land Acquisition 13660 $11,195.00 S&C Environmental Solutions Grind Trees At Skyline Ridge-Tree Farm Restoration Project 13661 $9,720.00 California Conservation Corps Thistle Control At Mindego Ranch/Broom Removal At FFO 13662 $9,202.60 Brush Road Corporation Annual Brush Road Assessments 13663 $8,787,36 United Rentals Northwest Equipment Rental-Excavator&Dozer For Skyline Ridge Tree Farm Restoration Project 13664 $8,180.99 Pape' Machine Rental P Machinery a Equipment-Dozer&Excavator For Restoration Project At Thornewood 13665 $5,246.38 EQ Wine Covers Company Balance Due-Storage Structure At FFO 13666 $3,038.37 Sol's Mobile Service Vehicle Repairs&Service/Bobcat Radiator Repair 13667 $2,972.69 -3 Big Creek Lumber Lumber For Trail Repairs At Pulgas Ridge/Redwood Posts For FFO Stock 13668 $2,798.58 Metro Mobile Communications Radio Equipment&Repairs 13669 $2,785.48 Peninsula Digital Imaging Scanning&Copy Services-Maps For Guadalupe TMDL Project/ Graphics Production For Mt. Umunhum Public Meeting 13670 $2,671.20 The Bank Of New York Mellon Note Paying Agent Fees- 1999#2 Revenue Bonds 13671 $2,606.68 Petrotek Replace Fuel Pump-FFO/Replace Missing Gauge-SFO 13672 $2,574.06 Ecological Concerns Native Revegetation Maintenance&Monitoring-Skyline Ridge Tree Farm 13673 $2,000.00 Portola Park Heights Property Owners' Portola Heights Road Dues-4 Parcels Association 13674 $1,934.82 Craftsmen Printing Printing Services-4000 Envelopes With No Window 13675 $1,922.60 Dutra Materials Rock For Thornewood Project 13676 $1,700.00 Aaron's Septic Tank Service Pumping Services-Rancho San Antonio/Monte Bello/Windy Hill 13677 $1,453.50 Design,Community&Environment Resource Management Plan Assistance 13678 $1,292.81 Home Depot Field Supplies/Nail Pullers/Rental Residence Expenses-Door For Washer&Dryer Room,Smoke Detector&Down Spout Parts /Materials For Retaining Wall At Pulgas Ridge/Blinds For SFO/ Rake/Signboard Hardware 13679 $1,286.25 Tadco Supply Janitorial Supplies For RSA 13680 $946.08 Direct Marketing Solutions Mail House Services 13681 $831,40 Summit Uniforms Uniform Expenses 13682 $811.18 Reed&Graham Straw Wattles For Tree Farm Restoration Project 13683 $806.19 Acme Rigging&Supply Company Winch Equipment&Shackles 13684 $613.50 Costco Staff Recognition Event Supplies/SFO Office Supplies/ Volunteer Supplies 13685 $594.77 Cresco Equipment Rental Double Drum Asphalt Roller-Pad For New Storage Shed At FFO 13686 $549.06 ADT Security Services Alarm Service-SFO&FFO 13687 $485.69 Stevens Creek Quarry Base Rock For New Storage Shed At FFO 13688 $480.08 San Jose Water Company Water Service-RSA County Park 13689 $460.00 Green Waste Debris Box-SFO 13690 $446.40 The Ferguson Group Legislative Consultant-Lobbyist For Mt. Umunhum 13691 $438.85 Staples Business Advantage Break Room Supplies 13692 $399.95 Hsieh, Benny Reimbursement- Memory For Five Notebooks 13693 $366.09 Recology South Bay Dumpster-FFO 13694 $324.21 Waste Management Garbage Removal From Road Side Dump 13695 $299.94 Galls Three Medic Bags 13696 $295.98 California Water Service Company Water Service-AO,Windy Hill&Rental Residences 13697 $286.41 All Star Glass Windshield Glass For Administration Vehicle 13698 $265.00 Williams, Mike Reimbursement-Easement Valuation Course Page 1 of 3 �!r Claims No. 10-20 Meeting 10-26 Date 10/13/10 Revised Midpeninsula Regional Open Space District # Amount Name Description 13699 $245.44 Safety Kleen Solvent Tank Service-SFO 13700 $229.44 West Payment Center California Anno Codes 13701 $224.76 FedEx Shipping Charges 13702 $200.00 Grandview/Espinosa Road Fund Annual Road Dues 13703 $190.37 Pine Cone Lumber Bolts For Boardwalk Project At Pulgas Ridge 13704 $186.41 Foster Brothers Lock&Key Services-Door Lock For Rental Residence/Keys For Nature Center 13705 $183.52 Ergo Works Ergonomic Equipment 13706 $180.00 Del Rey Building Maintenance Janitorial Supplies-AO 13707 $173,22 Allied Waste Services Garbage Service-Rental Residences 13708 $165.00 Overhead Door Company Of Santa Servicing Of Shop Roll Doors At FFO Clara 13709 $155.50 `4 San Mateo County Hazardous Waste Disposal Fee 13710 $150.00 Santa Clara County Clerk Recorders CEQA Notice Of Exemption Fee For Powell&Slaght Property Office 13711 $146.31 Gardenland Power Equipment Pole Saw Parts&Repair 13712 $137A0 Guy Plumbing&Heating Plumbing Repairs-AO 13713 $127,00 Monster Mechanical HVAC Service-AO 13714 $120.93 United Site Services Sanitation Services-Thornewood Trail Work 13715 $120.00 Hooper, Stan Reimbursement-Cell Phone 13716 $119.00 Coastal Sierra Internet Service-SFO 13717 $118.00 Cupertino Medical Group Employee Medical Services 13718 $114.63 Conoco Phillips Fuel 13719 $107.30 Cupertino Bike Shop Patrol Bike Repairs 13720 $100,00 City Of Palo Alto Utilities Utility Fees-Black Mountain 13721 $88.69 Turf&Industrial Equipment Company Tractor Supplies 13722 $87.00 Britt, Kristi Reimbursement-Mileage 13723 $78.00 Pacific Telemanagement Services Pay Phone-Black Mountain 13724 $77.25 Cal-Line Equipment Springs For Chipper 13725 $72,00 American Red Cross CPR/AED Training 13726 $71.00 Terminix Pest Control-AO 13727 $68.82 The Workingman's Emporium Uniform Expenses 13728 $61,18 Kwik Key Lock&Safe Company Two Keys For Patrol Truck 13729 $60.00 Bankosh, Michael Reimbursement-Cell Phone 13730 $55.00 Protection One Fire Inspection&Monitoring-AO 13731 $45.00 Jim Davis Automotive Smog Check 13732 $43.00 Allen's Press Clipping Bureau Clipping Service 13733 $41,00 Hapke,Alexander Reimbursement-Rental Residence Expenses 13734 $29.43 Staples Office Supplies 13735 $25.25 Rayne Of San Jose Water Service-Fremont Older 13736 $20.00 Los Altos Town Crier Annual Subscription 13737 $10.23 UPS Shipping Services 13738 $10.00 ID Plus Name Tag For Employee 13739 $6.56 Paterson, Loro Reimbursement-Uniform Expense 13740 R $3,329.00 La Piana Consulting Consulting Services For Strategic Plan 13741 R $1,890.00 Dick Haiduck Reimbursement-Slender False Brome Treatment 13742 R $1,542.60 Del Woods Consulting Services-Bear Creek Stables Site Assessment, RFP &Lease Development 13743 R $1,330.00 Ric Springer Reimbursement-Slender False Brome Treatment 13744 R $1,132.72 Recology South Bay Recycling Debris Boxes-FFO 13745 R $1,050.00 Daniel Hunt Reimbursement-Slender False Brome Treatment Page 2 of 3 i r Claims No. 10-20 i Meeting 10-26 Date 10/13/10 Revised Midpeninsula Regional Open Space District # Amount Name Description 13746 R $875.00 Charles McDonald Reimbursement-Slender False Brome Treatment 13747 R $859.05 Northgate Environmental Management Remedial Investigations&Design At Driscoll Ranch 13748 R $770.00 Wayne Davison Reimbursement-Slender False Brome Treatment 13749 R $548.16 United Site Services Sanitation Services-Fremont Older&Sierra Azul 13750 R $523.31 Orchard Supply Hardware Field Supplies/Boxes For Trail Counters/Skyline Water System Supplies/Plumbing Parts For Rental Residence/Concrete/Pest Control Supplies/Supplies For DHF 13751 R $472.05 Office Depot Office Supplies/Binders/Folders/Poster Boards/Name Badges/USB Hub/Break Room Supplies/CD Boxes&Sleeves 13752 R $420.00 Bonita Twombly Reimbursement-Slender False Brome Treatment 13753 R $350.00 David Dubbs Reimbursement-Slender False Brome Treatment 13754 R $268,76 Northgate Environmental Management Environmental Consulting Services-Review U.S.Army Corps Of Engineers Work At Mt. Umunhum 13755 R $242.37 Mountain View Garden Center California Gold Fines For Cordilleras Trail-Pulgas Ridge 13756 R $161.00 Gartside, Ellen Reimbursement-Mileage 13757 R $104.53 Moffett Supply Company Janitorial Supplies 13758 R $60.00 Jurich, Michael Reimbursement-Cell Phone 13759 R $60.00 Newburn, Michael Reimbursement-Cell Phone 13760 R $50.00 Cupertino Medical Group Employee Medical Services 13761 R $37.94 Robert's Hardware Rental Residence Supplies-Paint 13762 R $30.02 CSK Proshop Vehicle Supplies Total $3,267,957.29 `1 Urgent check issued 10/5110 `2 Urgent check issued 10/1/10 "3 Urgent check issued 9/28/10 '4 Urgent check issued 10/5/10 ## In the event agenda items are not approved,these claims will not be processed Page 3 of 3 ' IMidp eninsula Regional Open Space District R-10-119 Meeting 10-25 October 13, 2010 AGENDA ITEM 4 AGENDA ITEM Election of Board Officers for the remainder of Calendar Year 2010. GENERAL MANAGER'S RECOMMENDATION Elect Officers of the Board of Directors for the remainder of Calendar Year 2010. SUMMARY Due to the recent death of President Davey, the Board will need to elect new Officers for the remainder of Calendar Year 2010. The election will be held by signed ballot and counted by the District Clerk. After the election, the ballots will be available for public inspection. DISCUSSION The position of the President has been vacant since the passing of Director Mary Davey on elected as Board President on January 13 2010. The next Director Dave was elec Y October 2, 2010. y election of Board Officers will not occur until January 2011, thus leaving the Board without a President until that time. The General Manager recommends that the Board elect new Board Officers for the remainder of Calendar Year 2010 so that a new Board President as well as other Board Officers can fulfill the functions until new Board Officers are elected in January 2011. Separate ballots will be used to elect each Board Officer. Nominations are called for first. When nominations are closed, election by ballot for that office will then proceed. FISCAL IMPACT There will be no fiscal impact from this action. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. R-10-119 Page 2 CEQA COMPLIANCE No compliance is required as this action is not a project under CEQA. NEXTSTEP Staff will prepare a new roster of Board Officers for the remainder of Calendar Year 2010 for posting internally and on the District's website. Per Section 1.80 of the District's Rules of Procedure, the newly appointed Board President may not serve on any standing committees. As a result of this, the newly appointed Board President will need to return to a future Board meeting and recommend replacement committee members for the remainder of Calendar Year 2010. Prepared by: Michelle Radcliffe, District Clerk Contact person: Same as above I i BALLOT PROCEDURE Order for nominations is call fro t e hig est to lowest office: President Vice President Treasurer Secretary Each is handled as follows: 1) Vice President calls for nomination for (office). 2) A Board Member nominates (name) for (office). 3) Another Board Member seconds the nomination for (name )) for (office). 4) Vice President asks if there are other nominations. 5) If none, a Board Member moves for nominations for the office of to be closed. 6) A Board Member seconds the motion to close the nomination. 7) Vice President announces motion to close the nomination passes to 8) Board Members vote by ballot and hands them to the Clerk. 9) Clerk tallies the votes and announces that (number) ballots were cast for (name) for the (office). 10) Board acknowledges (name) as (new officer). OCTOBER 13,2010 BOARD OFFICES - ELECTION NOMINATIONS OFFICE OF(write in name) BALLOT#1 BALLOT#2 President Nominee: _ "1 a r c.. ti rU C:, ` Nominated by: t-A v Second: P G Motion to Close: Second: Vice President Nominee: Nominated by: Second: (Q Motion to Close: Second: Treasurer Nominee: Nominated by: Second: Motion to Close: Second: Secretary Nominee: Nominated by: Second: Nominee#2 Nominated by: Second: Motion to Close: Second ADMINISTRATION & BUDGET COMMITTEE - APPOINTMENTS NAMES' n/a M:\Board\Forms\Board Offices-Election Form.doc 2010 Election of Midpeninsula Regional Open Space District Board Officers (circle one) Office of -- President Vice President Treasurer Secretary Name of — nominee: Signature: ominated on October 13,2010 2010 Electio�f Midpeninsula Region*Open Space District Board Officers (circle one) Office of President Vice President Treasurer Secretary Name of nominee: Signature: (Nominated b ) on October 13, 2010 2010 Election of Midpeninsula Regional Open Space District Board Officers (circle one) Office of resident Vice President Treasurer Secretary Name of nominee: Signature: (Nominated b ) on October 13, 2010 2010 Election of Midpeninsula Region-' Open Space District Board Officers (circle one) Office of President Vice President Treasurer Secretary Name of nominee: Signature: \ (Nominated by) on October 13, 2010 2010 Election of Midpeninsula Regional Open Space District Board Officers (circle one) Office of -::� President Vice President Treasurer Secretary Name of nominee: I Signature: (Nominated b ) on October 13, 2010 2010 Electio- if Midpeninsula Region' Open Space District Board Officers Office of (circle one) President Vice President Treasurer Secretary Name of nominee: G AY"y Signature: (Nominated by) on October 13, 2010 2010 Electio f Midpeninsula Region' Open Space kistrict Board Officers (circle one) Office of �Vice P--�,-resident---- President Treasurer Secretary i Name of nominee: _ I Signature: (Nominated by) on October 13, 2010 2010 Electi( 3f Midpeninsula Regioi Open Space Distric t Board Officers Office of (circle one) President Vice President Treasurer Secretary Name of nominee: C Signature: (Nominated by) on October 13, 2010 2010 Electio�f Midpeninsula Region ' Open Space District Board Officers (circle one) Office of President Vice President Treasurer Secretary Name of nominee: Signature: (Nominated b ) on October 13, 2010 2010 Electio )f Midpeninsula Region Open Space District Board Officers (circle one) Office of President Vice President Treasurer Secretary Name of nominee: Signature: ominated by) on October 13, 2010 I 2010 Election of Midpeninsula Regional Open Space District Board Officers circle one Office of + President ' Vice President Treasurer Secretary Name of nominee: /' ✓ .f , Signature: " (Nominated b ) on October 13, 2010 2010 Election of Midpeninsula Regional Open Space District Board Officers (circle one) Office of President ice President Treasurer Secretary Named �ll� vr�vG nominee: Signature: ominated b ) on October 13, 2010 Midpeninsula Regional Open Space District R-10-1 18 Meeting 10-25 October 13, 2010 AGENDA ITEM 5 AGENDA ITEM Approve the Advertising and Recruitment Process for Filling the Ward 2 Board Vacancy for the Current Term ending January 2, 2011, and Determine Whether to Commence the Advertisement and Recruitment Process for Filling the Forthcoming Ward 2 Vacancy for the Term Commencing January 3, 2011 GENERAL MANAGER'S RECOMMENDATIONS 1. Determine to fill the Ward 2 Board vacancy for the term ending January 2, 2011 by appointment and approve the Advertising and Recruitment Process as set out in this report. 2. In order to avoid duplication of effort and to have an effective recruitment process should the Board choose at a future meeting to appoint a person to fill the forthcoming Ward 2 vacancy commencing January 3, 2011, determine to begin the process of recruitment for the forthcoming vacancy and approve the Advertisement and Recruitment Procedure as set out in this report. 3. Approve the following Recruitment Procedure for the current and forthcoming vacancy in Ward 2: a) Approve the application form used; b) Reaffirm use of the general criteria for appointment to the Board of Directors, or modify them as you deem necessary; c) Reaffirm use of the procedures for interviews or modify them as you deem necessary; and d) Establish a timeline for filling the current vacancy, combining receipt of applications and interviews for the vacancy commencing January 3, 2011, including setting a deadline for receipt of applications, and setting the dates for the first and second round of interviews. SUMMARY The office of Ward 2 Director became vacant on October 2, 2010, due to the death of President Mary Davey. Due to the timing of this vacancy for which President Davey was unopposed, and due to changes in the statute regarding the filling of vacancies, the Board needs to establish a process for filling vacancies in two separate terms for Director of Ward 2: the current term R-10-118 page 2 which expires on January 2, 2011, and the succeeding term which begins on January 3, 2011. Due to the unique circumstances of this vacancy, filling the vacancy for the current term via special election is not possible. It is recommended that the Board determine that it will appoint a person to fill the vacancy for the current term in Ward 2 to serve until the expiration of the current term on January 2, 2011, and determine the procedures it wishes to follow to fill the vacancy in Ward 2 for both the current term and forthcoming term. DISCUSSION The office of the Director for Ward 2 became vacant due to the death of President Mary Davey on October 2, 2010. Ward 2 includes the cities of Cupertino, Los Altos, Los Altos Hills, Palo Alto, Stanford, Sunnyvale and a small portion of Santa Cruz County(Attachment A). Due to the timing of this vacancy for which President Davey was an unopposed candidate who would have been appointed to a new term commencing January 3, 2011, as required by law, and due to the changes in the statute regarding filling vacancies, the Board needs to establish a process for filling vacancies in two separate, consecutive terms for Director of Ward 2: the current term which expires on January 2, 2011, and the succeeding term which begins on January 3, 2011. Filling the Vacancy for the Current Term State law requires that the Board determine, within sixty(60) days of the date of a vacancy, whether to fill the unexpired portion of President Davey's current term by appointment or special election. The effective date of the vacancy was October 2, 2010, and therefore a determination to appoint or to call an election must occur by December 1, 2010. Due to the unique circumstances of this vacancy, the Board does not have the ability to call a special election. State law requires that the Board must call an election at the next established election date as set out in the Elections Code. That date is March 8, 2011. This is not a viable option as the special election will be held after the term has expired. Because of this, the General Manager is recommending that the Board approve the advertisement and recruitment process to fill the Ward 2 Board vacancy by appointment for the current term ending January 2, 2011. This is important not only for the orderly transition of the office to enable District operations to be conducted,but also because state law provides that, if the Board were to fail to appoint a successor within sixty(60) days, the Santa Clara County Board of Supervisors would have the right and obligation to appoint a successor. It is not in the interest of the District or its constituents to have another elected body select a District Director to serve the voters of Ward 2. Given these unique facts and circumstances, the General Manager recommends that the Board determine to fill the current Ward 2 vacancy by appointment. Filling the Vacancy for the Forthcoming Term A process to appoint or elect a successor to the vacancy in the forthcoming term for the Director of Ward 2 is required as this term will be become vacant effective on January 3, 2011. i R-10-118 Page 3 Reason for the Forthcominp-Term Vacancy The reasons the forthcoming term will be vacant effective January 3, 2011, are as follows: I. State law provides that the person appointed to fill the current term may serve only until its expiration on January 2, 2011. Therefore, when the new term begins on January 3, 2011, the office will be vacant. 2. State law prohibits the Board from appointing or calling a special election to fill that vacancy prior to January 3, 2011. 3. It is not possible for a person to qualify at this late date to run for this office during the November 2, 2010 general election as the filing deadlines for a candidate to run in the November 2, 2010 general election for the forthcoming term (commencing, January 3, 2011) have passed. There is no election date prior to the expiration of the current term on January 2, 2011. Costs of a Special Election Althoughnot before the Board tonight, it is veryimportant to consider the fact that if the Board P determined that the Ward 2 Board vacancy for term commencing January 3, 2011 were to be filled by a special election, the Santa Clara County Registrar of Voters has estimated that the cost for such a special election would be approximately$556,900. There would also be additional costs for the small number of voters in the Santa Cruz County portion of Ward 2. By comparison, the cost to the taxpayers and the District for a contested seat during the established election cycle generally does not exceed $120,000. The fiscal impact of a special election should be acknowledged now as an extremely significant cost for the taxpayers and for the District. r f fillip the forthcoming n decision can be made tonight with respect to the manner o While o d gh p g g vacancy, it is responsible and prudent for the District to face the fiscal reality of special election costs, particularly in the current economic climate. Therefore, it is incumbent on the District to take the most responsible and cost-effective steps to enable the Board to appoint a successor on January 3, 2011, while preserving the special election option if that is the Board's decision after the January 3, 2011, vacancy becomes effective. Accordingly, to enable the District to have an effective and robust recruitment process that attracts the maximum number of applicants to fill either vacancy, and to avoid unnecessary duplication of this process, it is recommended, inasmuch as appointment must be used to fill the current vacancy, the process for advertisement and robust recruitment for both vacancies be conducted simultaneously. The Board will need to make the determination to fill the vacancy in the forthcoming term either by election or appointment at a subsequent Board meeting but no later than March 14, 2011. If the Board chooses to appoint a person to fill the vacancy in the forthcoming term beginning January 3, 2011, that decision must be made and that person must be appointed by March 14, 2011, and, if so, will serve until the next general District election in November 2012. Advertisement and Recruitment Process The following summarizes the actions necessary to fill the current Ward 2 vacancy by Board appointment. This process can be structured to accomplish the necessary advertisement, notice, and recruitment tasks for appointment to either vacancy: I R-10-118 Page 4 An appointment by the District's Board of Directors must be made within sixty(60) days following the effective date of the vacancy. A notice of the vacancy must be posted in at least three(3)places in the District at least fifteen (15) days before the appointment is made. A notice of vacancy must be published in the newspaper at least ten(10) days prior to close of the application period. The person appointed to fill the vacancy will hold office until January 2, 2011. Other than the required notices, there is no required legal procedure for interviewing and appointing a person. The Board may adopt such criteria and procedures as it sees fit for this process. The following recruitment and forms and procedures were approved by the Board to fill the vacancy resulting from the resignation of former Director Little as Director of Ward 4 (See Report R-06-103). 1) Appointment date: The appointment to fill the current Ward 2 Board vacancy must be made by December 1, 2010. If appointment is selected for the term commencing January 3, 2011, appointment would have to be made by March 14, 2011 (60 days from the effective date of that vacancy). r h form used for recruitment for previous Director 2 Approval o A lication Form: The o �p .ARP vacancies is attached (Attachment B). 3) Rearm the use of or modify as you deem necessary, the General Criteria for Appointment to the Board of Directors: The Board adopted the attached criteria (Attachment C) at its October 11, 2000 Board meeting. Staff will distribute a copy of the criteria to all Ward 2 applicants. 4) Rearm the use of or modi as you deem necessary, the Procedure for Interviews: The attached procedures were also used in prior recruitments (Attachment D). 5) Establish a Timetable for Filling the Vacancy: Government Code Section 1780 requires the posting of a notice of vacancy, in three(3) or more places in the District, at least fifteen(15) days before the appointment is made. Although not required by law, the Board,by resolution has required that notices of recruitment for applicants to fill a Board vacancy be published in local newspapers. Staff will post the notice accordingly, as well as publish the notices in appropriate newspapers. A letter signed by the Board President would be sent to elected officials whose electoral areas encompass Ward 2. The letter will announce the vacancy and invite them to suggest individuals who might be interested in serving as Director of Ward 2. The Board will need to schedule the deadline for submitting an application and the dates for its first and second rounds of public interviews. A recommended schedule is attached(Attachment E) for Board consideration. FISCAL IMPACT If the Board determined that the Ward 2 Board vacancy for term commencing January 3, 2011, be filled by a special election, the Santa Clara County Registrar of Voters has estimated that the cost for such a special election would be approximately$556,900. There would also be additional costs for the small number of voters in the Santa Cruz County portion of Ward 2. R-10-118 Page 5 If the Board determines that the current vacancy be filled by appointment, the cost to publish the Notice of Vacancy in the San Jose Mercury News and other local newspapers is approximately $1,200. No other impacts of appointment are anticipated. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act and no environmental review is required. NEXT STEPS Since the Board has the sole option of filling the current vacancy by appointment, the Board will need to approve the Recruitment Process and establish a timetable for filling the vacancy. Once these factors have been determined by the Board, District staff will post the notice of vacancy in three or more places in the District at least fifteen (15) days before the appointment is made and will publish the notice in appropriate newspapers at least ten(10) days prior to the close of the application period. The District Clerk will also set at least two Special Board meeting to hold public applicant interviews. If so directed, this Recruitment Process will encompass recruitment for the forthcoming Ward 2 vacancy effective January 3, 2011. Attachments: A. Ward 2 Map B. Application Form C. General Criteria for Appointment of Board of Directors D. Procedures for Interviews E. Timetable for filling vacancy Prepared by: Sue Schectman, General Counsel Michelle Radcliffe, District Clerk Contact person: Michelle Radcliffe, District Clerk MROSD Ward 2 Boundary Based on 2000 Census l Menlo A ftW � o lom 1 a I Fo t 1 Sunnyvale Mountoln C 1 a r - -a Los t � ANos *L Ale - IAZ 1„l r:. HNIs oOpen Space Rancho San A� k Si, CupaMno tl 't _ Saratoga SS _J s - San Nlaleu County Sa rua@. ntv Midpeninsula Regional 0 Open Space District Boundary - �.� City Boundary Q County Boundary Note:W-fion displayed on tlds map is used on , 2000 census data supplied by the U.S.Census Bureau - Midpeninsula Regional and date trorn San Mateo and Santa Clare counties. Open Space Preserve i Midpeninsula Regional Open Space District Attachment B APPLICATION FOR DIRECTOR—Ward 2 I am interested in applying for: ❑ Unexpired Term ending and/or ❑ Term commencing January 3, 2011 January 2, 2011 through the next general District election in November 2012 Name Residential Voting Address Daytime Telephone Evening Telephone Fax Email Please list your community activities and/or work experience Please indicate why you are interested in serving as Director of the Midpeninsula Regional Open Space District Board of Directors, and what are your goals for the District for the next 10 years? i R-10-118 Page 2 What level and types of activities do you favor on District preserves? What activities do you oppose? What do you see as the major issues of the District today and in the next few years? Discuss. Please list any additional information about yourself which you would like to include (hobbies, I education, family, etc.) Signature of Applicant Date of Applicant Note: All applications will be made available for public inspection. You may use additional pP p P Y sheets to answer questions. Midpeninsula Regi onal ' Open Space District Attachment C GENERAL CRITERIA FOR APPOIN TMENT TO BOARD OF DIRECTORS 1. Wants th e jo b! � 2. Involvement in, or awareness of, local government functions and operations 3. Some knowledge or awareness of finance and budget issues 4. Knowledge of and exposure to community service activities 5. Interest,time and energy to give to the jobs 6 Se nse of humor 7. Flexibility 8. Sensitivity to the community 9. Ability to work in a team setting 10. Knowledge and awareness of what is going on in the District 11. Not single issue ori ented w reness of and outlook on kinds o f issues Di strict faces thofa a , 12. Bread � � 13. Knowledge of how District fits into the greater region 14. Ability to bring strength to and complement current Board, and add a different dimension to the Board 15. Comfortable with public speaking and working with groups 16. Ability to make decisions for the good of the District in the face of political pressure. 17. Dedicated to the preservation of open space i i Midpeninsula Regional • ' Open Space District Attachment D PROCEDURES FOR INTERVIEWS First Round 1. Order of appearance of applicants established in a random drawing of names. 2. Each candidate is allotted up to five minutes for opening statement and a minimum of three minutes for clarifying questions by the Board. 3. Round-robin questioning by Board members of applicants for a maximum of 30 minutes. Random drawing for order of appearance for final statements. 4. Board recess for 10 minutes. 5. Each applicant will have two minutes maximum for a final statement. 6. Each Board member casts a signed ballot for up to six top choices for second round interviews. 7. Clerk keeps ballots for later public inspection. 8. Voting tallied and announced by District Clerk. 9. The field will be narrowed for the second round to half of the original number of applicants,but at most four,based upon the candidates receiving the most votes. Second Round 1. Random drawing for order of appearance. 2. Each finalist allotted 20 minutes for answering questions posed by the Board. 3. Random drawing for order of appearance for final statements. 4. 10 minute recess. 5. Each finalist will get five minutes for summary. 6. Each Board member casts a signed ballot for his or her choice of appointment. 7. Voting tallied and announced by District Clerk. 8. District Clerk keeps ballots for later public inspection. 9. If no candidate receives four votes, there will be additional votes on the full list of finalists until a candidate receives four votes. 10. Board adopts resolution naming appointment to fill the office. Absence of candidates from interviews—The Board will consider the written application and supplementary information provided by candidates who cannot attend one or both sessions. I Midpeninsula Regional ! ' Open Space District rj Attachment E Proposed Schedule for Appointment of Ward 2 Director of Midpeninsula Regional Open Space District iv date of Ward 2 vacancy Effective October 2 20 10 E Y October 13, 2010 Board meets to approve filling vacancy by appointment October 10-20, 2010 Press release announcing District's intent to fill Ward 2 vacancy by appointment Posting of notice at least 15 days before appointment is made of District's intent to fill vacancy Publishing of vacancy notice and intent to fill by appointment in San Jose Mercury News, Pala Alto Daily, Pala Alto Weekly, Los Altos Town Crier, and Cupertino Courier November 8, 2010 Deadline for receipt of applications for Ward 2 (3 week application period) November 15, 2010 Special Board Meeting, if needed, for the purpose of screening applications if more than ten (10) applications are received. Applications will be screened to select no more than eight (8) candidates to be interviewed. November 22, 2010 Special Meeting: Initial interviews for Ward 2 applicants November 29, 2010 Special Meeting: Final Interview for Ward 2 applicants Appointment of new Ward 2 Director Adoption of Appointment Resolution Swearing in of New Director December 1, 2010 Last day to fill position by appointment Midpeninsula Regional I open Space District R-10-1 14 Meeting 10-26 October 13, 2010 AGENDA ITEM 6a AGENDA ITEM Approve the purchase of the Slaght Trust property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve, located at 18171 Pheasant Road, Los Gatos, California(Santa Clara County Assessor's Parcel Number 537-10-003); Adopt the Preliminary Use and Management Plan; and Approve a Categorical Exemption in Accordance with the California Environmental Quality Act (CEQA). GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from CEQA as set out in this report. 2. Adopt the attached Resolution authorizing the purchase of the Slaght Trust (Slaght) property. 3. Adopt the Preliminary Use and Management Plan contained in this report, including naming the property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve (Preserve). SUMMARY The Midpeninsula Regional Open Space District(District) is proposing to purchase the 20-acre Slaght property, at a price of$2,025,000. The following report presents a description of the Slaght property, a Preliminary Use and Management Plan, the environmental review, the purchase terms and conditions and financial considerations. DISCUSSION The 20-acre Slaght property is located approximately '/4 mile east of the Town of Los Gatos boundary at the end of Pheasant Road. Pheasant Road is a public road which terminates at the driveway to the Slaght property and the entrance gate to the 1,465-acre former Rancho de Guadalupe property purchased by the District in 1995 (see Report R-95-87). The Slaght property is the only private property located along Pheasant Road. The Slaght property is improved with two single family residences, one of which has been rented by the District since 1999 as a ranger residence, which is the only District employee residence located near Sierra R-10-114 Page 2 Azul Open Space Preserve. The property is bordered by the Preserve to the south and east and private residential properties along Wagner Road to the north and west. The purchase of the Slaght property will provide opportunities to improve visitor service response time and increase public safety presence within the 18,300 acre Preserve. The Slaght family's great grandfather, Paul Arnerich, and his family lived in a home at Cherry Springs on the Rancho de Guadalupe property. Mr. Arnerich was a California State Assemblymen in the early 1900s and Arnerich Road, located approximately a quarter mile north of the Slaght property, is named after him. Property Description (see attached map) The Slaght property is located on the north-facing hillside of Pheasant Creek. Pheasant Creek crosses the north westerly comer of the property before draining into Guadalupe Creek along Hicks Road to the north, and is known to support steelhead trout. As part of compensatory mitigation requirements for Guadalupe River flood control improvements in downtown San Jose, the U.S. Army Corps of Engineers and Santa Clara Valley Water District are working to reopen Pheasant Creek to steelhead trout (Oncorynchus mykiss). The project would entail replacing the Hicks Road/Pheasant Creek culvert with a bridge immediately downstream from the Slaght property and restoring the stream banks on District and private property to provide better riparian habitat. Construction is expected to start in 2011. On the property, Pheasant Creek provides densely wooded riparian habitat including oaks and alders. The property overlooks the upper Pheasant Creek watershed to the southwest and the Rancho de Guadalupe hillsides and Mt. El Sombroso to the east. The property is visible from the Kennedy Trail along the ridgeline to the east. To the west, large estate homes are visible in the Los Gatos hills and the Guadalupe dump is located to the north. The property supports oak woodlands, bay, buckeye, elderberry, and grassy meadows on the flatter plateaus. Common wildlife on the property include black-tailed deer, bobcats, coyote, mountain lion, mice, and quail. Existing Structures and Improvements The Slaght family purchased the property in 1939 and three generations of the family have lived there. The original residence (Unit A) consisting of three bedrooms and one bathroom (totaling 1,983 sq. ft.) was built in 1932 and added onto in the 1950s. The second residence (Unit B) was built in the late 1940s and includes three bedrooms and one and half bathrooms (totaling 1,528 sq. ft.). Unit B has been rented by the District for use as a ranger residence since 1999. The meadow above the two residences shows remnants of a small orchard which included apricot and prune trees. The spring-fed water system on the property was upgraded in 2005 by drilling a well, and installing a 10,000 gallon water tank and pump house. The well produces 25 gallons per minute and the water system has been improved with a UV filter system to help ensure potability. Both residences have septic and leach field systems and the septic system for Unit B was replaced in 2007. R-10-114 Page 3 Other structures on the property include a two car garage, storage buildings and small accessory structures. The meadow west of the two residences has two old barns used once used for cattle and goats. There is an old horse barn and chicken coop located on the lower knoll below Unit A. The purchase of the Slaght property will create the opportunity to improve the District's management presence in this region. This subject is discussed further in the accompanying report, Item 6b (R-10-117). USE AND MANAGEMENT Planning Considerations The property is located within the unincorporated area of Santa Clara County and zoned HS (Hillside), requiring a 20 to 160-acre minimum lot size based upon a slope density formula. The property is comprised of one legal parcel and has a potential density of one residential site. Further residential development of the lower knoll of the property would impact the scenic qualities of the surrounding open space. Preliminary Use and Management Plan (Next Steps) The principal purpose of the Preliminary Use and Management Plan is to establish a status quo land management approach to be effective in the interim between the purchase and the completion of a subsequent long-term plan. The Preliminary Use and Management Plan will f escrow and remain effective until the Master Plan is approved for take effect at the close o Sierra Azul Open Space Preserve. The Preliminary Use and Management Plan includes securing the site, posting signs, conducting resource management activities, and assessing use or disposition of structures for management of the property, as described more fully below. The property will be maintained in its current condition with no changes anticipated. 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: Closed to public use. Structures and Continue to lease Unit B as a District employee residence. Evaluate use or Improvements: disposition of the remaining structures consistent with District policy. Remove asbestos shingles from exterior of small outbuilding at a cost of $5,000 to $10,000. Maintain the water and sewer systems in working order. Roads and Implement minor maintenance and erosion and sediment control measures Trails: for internal roads in accordance with District standards. Prepare a more detailed road and trail assessment of the entire property as part of the subsequent planning process. Resource Conduct invasive plant and animal management activities consistent with the Management: District's standard policies and procedures. R-10-114 Page 4 Signs and Site Review and install closed area and preserve boundary signs where Security: appropriate. Patrol: Routinely patrol the property. Site Safety There are no known safety hazards on the site. Inspection: Name: Name the property as an addition to the Mt. Umunhum area of Sierra Azul Open Space Preserve. Dedication: Withhold dedication of the property as public open space. Review dedication status as part of the subsequent planning process. i Subsequent Integrate the property into the Sierra Azul Open Space Preserve Master Plan Planning: currently under preparation. CEQA COMPLIANCE Project Description P The project consists of the purchase of a 20-acre property as an addition to the Mt. Umunhum area of Sierra rra Azul Open Space Preserve, and the concurrent adoption of a Preliminary Use and Management Plan for the property. The land will be permanently preserved as open space and wi ll be removed from a will be maintained in its current natural condition. Asbestos shingles � small outbuilding. CEQA Determination The District concludes this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Article 19, Sections 15301, 15316, 15317, 15325, 15330 and 15061(b)(3) of the CEQA Guidelines as follows: Section 15301 exempts operation, repair, maintenance, permitting, leasing, licensing 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 property will be closed to the public; minor resource management activities will occur; existing roads will be maintained according to District standards and the Unit B residence will be leased and maintained in a habitable condition. Section 15316 exempts the acquisition of land in order to create parks if the site is in its natural condition and the management plan proposes to keep the area in its natural condition. The Preliminary Use and Management Plan specified that the land will not be developed further and will remain in its current natural condition. R-10-114 Page 5 Section 15317 exempts the acceptance of fee interests in order to maintain the open space in the open ace interest and maintain character of an area. The District will acquire feep p chara q character of the property. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. The acquisition will transfer ownership to the District and ensure the property is preserved as open space by incorporating it into the Mt. Umunhum Area of Sierra Azul Open Space Preserve. Section 15330 consists of any minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance which are small or medium removal actions costing $1 million or less. The District will remove asbestos-containing shingles from a small outbuilding at a cost of approximately$5,000 to $10,000,thus eliminating release of hazardous substances into the environment. The acquisition qualifies under all five sections and is also exempt under section 15061(b)(3), as there is no possibility the recommended actions may have a significant effect on the environment. TERMS AND CONDITIONS The 20-acre Slaght property is being purchased at a price of$2,025,000 on an all-cash basis at the close of escrow. This price is well supported by two independent fair market appraisals: one commissioned by the District and the other by the seller. The property is improved with two single family residences as described above. The purchase of the Slaght property will result in a rental revenue increase for the District. Currently, the District pays out $1,400 per month to the Slaght family for the use of the Unit B residence. Rental recovered from the District employee living in the Unit B residence returns $700 per month to the District, resulting in a $700 per month net expenditure by the District. With the District's purchase of the property, the $1,400 per month payment to the Slaght family will be eliminated and only the $700 payment to the District will remain, resulting in a net change of$1,400 per month in the District's favor. The property is being purchased on an"as-is" basis, and staff has conducted thorough due diligence investigations and inspections of the property. Prior to entering into a purchase agreement with the District, the seller was very cooperative in removing vehicles, equipment, furniture, miscellaneous items and debris including hazardous waste comprised of 55 gallon fuel drums, paint containers and old tires. Staff has inspected the site clean up work and has verified that all clean up work has been completed by licensed demolition and hazardous waste contractors. The District will assume the responsibility for removing asbestos shingles from a small outbuilding on the property as a cost associated with the purchase estimated at $5,000 to $10,000. In addition, staff has reviewed the Santa Clara County's property records and files, and is satisfied that no underground storage tanks or further hazardous waste exists on the property. R-10-114 Page 6 BUDGET CONSIDERATIONS Fiscal Year 2010-2011 Budget for New Land Purchases: New Land $15,000,000 Land purchased this year ... 800,000) Slaght Pro ert $2,025,000) Powell Property (to be considered at same Board meeting) ($1,000,000) New Land Purchase Budget Remaining $11,175.000 District Controller Mike Foster was consulted on this proposed purchase and has indicated that, considering cash flow and account balances, funds are available for this property purchase. PUBLIC NOTICE Public notice was provided as required by the Brown Act. Neighboring private property owners along Wagner Road were provided a written notice of this proposed purchase. No additional notice is required. NEXT STEPS Upon approval by the Board of Directors, staff will proceed with close of escrow for the purchase of the property. The District's Foothills Field staff will manage the property as an addition to Sierra Azul Open Space Preserve. Attachments: 1. Resolution 2. Map Prepared by: Michael Williams, Real Property Manager Contact person: Same as above Graphics prepared by: Galli Basson, Planning Technician RESOLUTION 10- RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHA SE AGREEMENT AUT HORIZING GENE RAL MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF SLAGHT TRUST) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between CAROL Y. MILLER AND NEVA L. SCHUELKE, SUCCESSOR CO-TRUSTEES OF THE GENEVA J. SLAGHT MARITAL TRUST DATED MAY 31, 2003 UTA DATED MARCH 31, 1999, AS TO AN UNDIVIDED 40% INTEREST; CAROL Y. MILLER AND NEVA L. SCHUELKE, SUCCESSOR COTRUSTEES OF THE ORAN L. SLAGHT TRUST B-1 DATED MAY 31, 2003 UTA DATED MARCH 31, 1999, AS TO AN UNDIVIDED 20% INTEREST; AND CAROL Y. MILLER AND NEVA L. SCHUELKE, SUCCESSOR CO-TRUSTEES OF THE ORAN L. SLAGHT TRUST B-2 DATED MAY 31, 2003 UTA DATED MARCH 31, 1999, AS TO AN UNDIVIDED 40% INTEREST and the Midpeninsula Regional Open Space District (District), a copy of which purchase agreement is attached hereto and by reference made a part hereof, and authorizes the President or other appropriate officer to execute the Agreement on behalf of the District to acquire the real property described therein ("the Slaght Property"). Section Two. The General Manager, President of the Board of Directors or other appropriate officer is authorized to execute Certificate of Acceptance for the Grant Deed(s) on behalf of the District. Section Three. The General Manager or the General Manager's designee shall cause to be given appropriate notice of acceptance to the seller and to extend escrow if necessary. Section Four. The General Manager is authorized to expend up to $20,000 to cover the cost of title insurance, escrow fees, site clean up and other miscellaneous costs related to this transaction. Section Five. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents which do not involve any material change to any term of the Agreement or documents, which are necessary or appropriate to the closing or implementation of this transaction. Section Six. The purpose of this Section is to enable the District to reimburse its general fund for the cost of certain land acquisitions. The District wishes to finance certain of these real property acquisitions and expects to use tax-exempt debt, such as bonds, but a tax-exempt financing is not cost justified for the District unless the principal amount of the financing is large enough to justify the related financing costs. Consequently, it is the District's practice to buy property with its general funds and, when a tax-exempt financing is cost justified based on the aggregate value of acquisitions, to issue tax-exempt obligations to reimburse itself for previous expenditures of general funds. These general funds are needed for operating and other working capital needs of the District and are not intended to be used to finance property acquisitions on a long-term basis. U.S. Income Tax Regulation Section 1.150-2 requires an issuer of tax-exempt debt to declare its intent to use a portion of tax-exempt debt proceeds for reimbursement of expenditures prior to the payment of the expenditures. Accordingly,the Board of Directors hereby declares its intent to issue tax-exempt obligations in the maximum principal amount of$2,025,000 and to use a portion of the proceeds of the obligations for reimbursement of District expenditures for acquisition of the Slaght Property that are paid before the date of issuance of the obligation. I K 1 I Midpeninsula Regional ' Open Space District R-10-117 Meeting 10-26 October 13, 2010 AGENDA ITEM 6b AGENDA ITEM Consider Approval of an Amendment to the Preliminary Use and Management Plan for the Slaght Property at Sierra Azul Open Space Preserve to Allow Use as a Temporary South Area Field Staff Outpost and Approve a Categorical Exemption in Accordance with the California Environmental Quality Act (CEQA) GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as set out in this report. 2. Approve an Amendment to the Preliminary Use and Management Plan for the Slaght Property at Sierra Azul Open Space Preserve to allow for the use of the unoccupied Unit A as a temporary south area field staff outpost. SUMMARY The Midpeninsula Regional Open Space District (District) is proposing to locate a new temporary south area field staff outpost in an existing unoccupied residence at the 20-acre Slaght property, proposed concurrently for purchase(see report R-10-114). The following report presents a description of this facility, a Preliminary Use and Management Plan amendment, the environmental review, and financial considerations for District reuse of the structure. DISCUSSION Background Over the last several years, the District has made a concerted effort to emphasize public safety, visitor services, and maintenance response times in our southernmost preserves, which are somewhat removed from the existing Foothills Area field office located at Rancho San Antonio Open Space Preserve. These lands, including the 18,322-acre Sierra Azul, 1,346-acre Bear Creek Redwoods, 270-acre St. Joseph's Hill, and 1,415-acre El Sereno Open Space Preserves, comprise over 40% of the District's open space land holdings. With travel times approaching one hour from Rancho San Antonio to the southern reaches of the District's landholdings, Operations Department staff incurs significant travel time, fuel usage, and vehicle wear and tear to provide R-10-117 Page 2 acceptable levels of public safety and management oversight for these lands. To improve response times, increase visitor services, and reduce travel costs, staff has long sought to locate an additional staff facility in the southern area. The FY2010-11 Action Plan and Budget includes several items related to a south area field office development: • The Operations Department Action Plan includes a key project to work with the Real Property and Planning Departments to locate a south area field office, either in an existing structure or through rental of a temporary building. The Operations budget for FY2010-11 includes $30,000 to establish an interim south area field office. • The Planning Department Action Plan includes a key project to begin preliminary site planning for new permanent south area field staff facility at the District's former Beatty property at Sierra Azul Open Space Preserve. The Planning Department FY2010-11 budget includes $255,000 for this work. With the opportunity presented by the purchase of the Slaght property located off Hicks Road in Los Gatos (see companion report, R-10-114), staff carefully considered the factors contained in the District's Policies Regarding Improvements on District Lands, and concluded that the best use of the unoccupied three-bedroom, two bath Unit A and the surrounding rural ranch compound is as a temporary south area satellite field office. The existing 1,983 square foot residence is in good repair and can be readily adapted to function as a field office with minimal work. The site is located off a public road and has sufficient existing level area approximately 1.5 —2 acres in size in a meadow above the ranch compound to park District vehicles and equipment and to create a small construction material storage yard. The existing barns and outbuildings are well suited to small equipment storage. The property has upgraded water and septic systems as discussed further in the companion report (R-10-114). This use is complementary to the management objectives of the Preserve, compatible with the open space character of the site, and is the quickest, most cost-effective way to improve visitor services and public safety response times in the short term until a permanent facility can be developed. Relocatinga to half of the existing Foothills Area field staff to this facility, both patrol rangers p g Y, p g and resource management/maintenance staff, will reduce vehicle wear and tear, fuel usage, and allow productive work to occur during time that is currently devoted to travel between Rancho San Antonio and the southern area Preserves. Staff presence will allow an increased focus on the District's southern preserves, allowing staff to develop greater familiarity and involvement in the community, and increase ease of monitoring illegal activity. The Operations Department plans on using the original Slaght residence as a temporary South Area satellite field office for about three to five years until a permanent field office is completed. Upon completion of a permanent office, it is anticipated that Unit A will become a second employee residence for patrol or maintenance staff. R-10-117 Page 3 Preliminary Use and Management Plan Amendment The following item will be added to the Preliminary Use and Management Plan (Plan) contained within the companion report regarding the purchase of the Slaght property(R-10-114). In all other respects, the Plan will remain the same. Structures and Use the original residence(Unit A) as a temporary satellite field office for up Improvements: to 10 staff members until a permanent south area field office is completed, at which time Unit A would be converted to a second employee residence. All parking and exterior material storage should be temporary in nature, unobtrusive, compact, and located where screened from public view. FISCAL IMPACT No new employee positions would be created to staff the south area satellite field office. As mentioned above,up to half of Foothills' current staff would report to the new office. The Operations Department budget for FY2010-11 currently includes $30,000 for establishing a new south area satellite field office. With the purchase of the Slaght property, these funds can be utilized for the one-time start up costs, which are not expected to exceed the budgeted amount. Foothills Area field staff has been gathering surplus office furniture and equipment for this purpose. Site work, such as installing fences and gates, clearing defensible space, and graveling roads, will be performed by the District's resource management/maintenance staff. Monthly expenses for power, telephone, internet, security services, and, as well as insurance and amortization of infrequent major repairs such as roofing, the on-going operational costs are currently estimated to be in the $1,000 to $2,000 per month range. This translates to $12,000 to $24,000 per year, a portion of which will be offset by reduced costs at the Foothills Field Office due to a lower staff compliment and the remainder of which will need to be added to Operations Department budget as the southern field office capability is developed. These costs will be refined as operational experience at this new site is obtained. PUBLIC NOTICE Public notice was provided as described in the companion report (R-10-114). CEQA COMPLIANCE The proposed project consists of the reuse and conversion of the former residence and rural ranch compound to serve as a temporary satellite field office for up to 10 staff members. The District concludes this project will not have a significant effect on the environment. It is categorically exempt from CEQA(California Environmental Quality Act)under Article 19, Sections 15301, 15303, 15304 and 15061(b)(3) of the CEQA Guidelines as follows: Section 15301 exempts operation, repair, maintenance, permitting, leasing, licensing 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. Conversion of a single family residence to office use is also exempt under this section. The property will be accessed from an existing public road; the Unit A residence will be converted from residential to office use; minor R-10-117 Page 4 resource management activities will occur; roads and parking areas will be maintained according to District standards and existing structures maintained in a habitable condition. The Preliminary Use and Management Plan Amendment specifies that parking and exterior material storage will be limited to areas used for these same purposes by the former owner. Section 15303 exempts construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Section 15304 exempts minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. Grading on land with a slope of less than 10 percent and fuel management activities within 100 feet of structures to reduce the volume of flammable vegetation are also exempt under this section n section l 1 as The project qualifies under all three sections and is also exempt u der sect o 506 3 p J qro)� ), there is no possibility the recommended actions may have a significant effect on the environment. i NEXT STEPS Upon approval by the Board of Directors and close of escrow for the purchase of the property, staff will proceed with plans to establish a south area satellite field office on the Slaght property as described in this report. Prepared by: Sandy Sommer, Senior Real Property Planner Contact person: David Sanguinetti, Operations Manager Midpeninsula Regional Open Space District R-10-95 Meeting 10-25 October 13, 2010 AGENDA ITEM 7 AGENDA ITEM Approval of the proposed purchase of the Powell property as an addition to Monte Bello Open Space Preserve, located at 17281 Stevens Canyon Road in unincorporated Santa Clara County (Assessor's Parcel Number 351-26-002); Adopt the Preliminary Use and Management Plan; and "r nmenta 1 Quality Act Environmental California ith the Y Categorical Exemption in accordance Q Approve a Catel,o p (CEQA). GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from CEQA as set out it this report. 2. Adopt the attached Resolution authorizing the purchase of the Powell property. 3. Adopt the Preliminary Use and Management Plan contained in this report and name the i P purchased property as an addition to Monte Bello Open Space Preserve. SUMMARY The Midpeninsula Regional Open Space District (District) is proposing to purchase the 33.5-acre Powell property at a price of$1,000,000. The following report presents a description of the Plan the en vironmental review, the " roar Use and Management , Powell ro pr operty, a Prelim , p p Y Y purchase terms and conditions, and financial considerations. PROPERTY DESCRIPTION (see attached map) � Regional Context The 33.5-acre subject property being considered for purchase is one of three parcels comprising the 86.8-acre lands of Powell, located in Stevens Creek Canyon near the upper end of Stevens Canyon Road as it transitions to Canyon Trail within Monte Bello Open Space Preserve. The property borders Monte Bello Open Space Preserve to the west and private lands to the north and east. The lands to be retained by the seller border the property to the south. Situated above Stevens Canyon Road, the property ascends steeply up the south-facing slope and is highly R-10-95 Page 2 visible from Stevens Canyon Ranch and other areas within Saratoga Gap and Monte Bello Open Space Preserves. The property is within the planning corridor for the proposed extension of Stevens Creek Trail, a joint effort by the County of Santa Clara and the District to connect Stevens Creek County Park to Upper Stevens Creek County Park and Monte Bello Open Space Preserve. This proposed trail linkage is identified in the Countywide Trails Master Plan of Santa Clara County. In addition to bringing the District one step closer to completing the land assemblage required to achieve this trail linkage goal, purchase of the Powell property will provide for protection of important watershed land, wildlife habitat and scenic ridgelines. The remaining 53.3-acres of the Powell lands are held in a family trust under separate ownership from the subject property. These lands present a future purchase opportunity to bring the entire 86.8-acre Powell property into District management and protection as public open space. Any such opportunity would be brought to the District's Board of Directors for consideration at a later date. Natural Features Most of the subject property is characterized by steep canyons, with a seasonal creek that runs through the depths of these canyons before emptying into Stevens Creek. The property also includes portions of a prominent ridge that extends through the adjoining P w ll parce ls in a generally north-south direction. From several vantage points along this ridge, one can view most of the upper portion of the Stevens Creek watershed and surrounding public lands including Sanborn-Skyline County Park, Upper Stevens Creek County Park, and Saratoga Gap, Monte Bello, Skyline Ridge and Russian Ridge Open Space Preserves. The diverse landscape within the subject property ranges from a densely wooded riparian corridor along the bottom of the principal canyon that transition to an open chaparral landscape along the steep upper slopes and ridgelines. Property Improvements The subject property is the uppermost of the three Powell parcels. A dirt and gravel surfaced road network through the adjoining lands to be retained by the seller provides access to the property from Stevens Canyon Road. Property improvements include a single family house and an adjacent small workshop building. The residence is of contemporary design and construction from the 1970's and has no historical significance. The remains of a recently demolished cottage are located near the house. Most of the construction was performed without permits, and inspection indicates that the residence does not meet County building code requirements. The house is situated on the prominent ridge that extends through the Powell lands, affording good canyon views. The house once served as the property owner's primary residence. The property owner no longer lives in Stevens Canyon, and the house and cottage have served as rental units for a number of years. The house is currently vacant and the cottage, as mentioned, is now demolished. The seller continues to utilize the workshop to maintain the rental units located elsewhere on the seller's retained lands. R-10-95 Page 3 USE AND MANAGEMENT i Planning Considerations The subject property is located within unincorporated Santa Clara County and is zoned HS (Hillside), requiring a 20 to 160 acre minimum lot size based upon a slope density formula. The property consists of one legal parcel and has a density of one residential site. Access to the property is via a graded dirt and gravel driveway on a deeded easement across the seller's retained lands. The seller will continue to be responsible for maintenance of the access road system. Roads within the subject property are limited to the driveways within the immediate area around the house and demolished cottage. Two building pad sites are located on the subject property along a ridgeline that is highly visible from other areas of Stevens Canyon. The unimproved upper building site is located at the highest point on the lands of Powell, and is accessed by a steep unsurfaced road across the seller's retained lands. Although residential development of this site would be difficult due to the length and steepness of the access driveway, new construction of an accessory building or other improvements would be feasible. The lower building site is improved with a single family residential structure and an adjacent small workshop. This site could easily accommodate construction of a much larger residence after demolition of the existing structures. Future development of either the upper or lower building sites would impact the scenic qualities of the surrounding open space within Stevens Canyon. Preliminary Use and Management Plan (Next Steps) The principal purpose of the Preliminary Use and Management Plan is to establish a status quo land management approach to be effective in the interim between the purchase and the completion of a subsequent long-term plan. The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the plan is amended or a Comprehensive Use and Management Plan or Master Plan is approved for Monte Bello Open Space Preserve. The Preliminary Use and Management Plan includes securing the site,posting j signs, conducting resource management activities, and demolition and removal of existing structures to restore the property to a natural condition, as described more fully below. The property will be maintained in its current condition, with no changes anticipated. 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. Signs and Site Install Preserve boundary and closed area signs where appropriate. Install Security: gates as necessary to prevent unauthorized vehicular entry. Structures and Board up and secure the house and workshop until demolition is undertaken. Improvements: Test for any asbestos-containing material or lead-based paint prior to R-10-95 Page 4 demolition and removal of all improvements including the house, cottage, workshop, and associated infrastructure. Properly dispose of any hazardous materials remaining after seller vacates the workshop. Revegetate the site following demolition. Resource Conduct invasive plant and animal management activities consistent with the Management: District's standard policies and procedures. Patrol: Routinely patrol the property utilizing existing roads and easements. Roads and Maintain existing driveways in immediate vicinity of the house in a Trails: serviceable condition in order to facilitate demolition of the house and related improvements. Following demolition, abandon the driveways and implement minor erosion and sediment control restoration measures as needed to prevent water quality degradation. Site Safety There are no known safety hazards on the site. Inspection: Name: Name the property as an addition to Monte Bello Open Space Preserve. Dedication: Withhold dedication of the property as public open space. CEQA COMPLIANCE Project Description The project consists of the acquisition of the 33.5-acre Powell property as an addition to the District's open space preserve system, and the concurrent adoption of a Preliminary Use and Management Plan for the property. Existing structures including a vacant house and small workshop will be demolished and removed. Minor resource management activities may be conducted as needed to control invasive plants. The land will be permanently preserved as open space and maintained in its current natural condition. CEQA Determination The District concludes this project will not have a significant effect on the environment. It is categorically exempt from CEQA under Article 19, Sections 15301, 15316, 15317, 15325, 15330 and 15061 of the CEQA Guidelines as follows: Section 15301 exempts operation,repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination, including the demolition of individual structures such as one single family house and accessory structures. The project proposes demolishing a R-10-95 Page 5 vacant single family house and adjacent workshop, and performing minor restoration activities in order to return the building site to a natural condition. Section 15316 exempts the acquisition of land in order to create parks if the site is in its natural condition and the management plan proposes to keep the area in its natural condition. The Preliminary Use and Management Plan specifies that the land will not be developed and will remain in its natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will acquire fee interest and maintain the open space character of the property. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition will transfer fee ownership of the property to the District and ensure the property is preserved as open space by incorporating it into Monte Bello Open Space Preserve. Section 15330 consists of any minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance which are small or medium removal actions costing$1 million or less. The District will remove and properly dispose of any hazardous materials found in the workshop if not removed by the current property when vacated, and will test for and remove any asbestos-containing material or lead-based paint from the existing structures prior to demolition. This purchase qualifies under these five sections. The actions recommended in the Preliminary Use and Management Plan are also exempt under section 15061(b)(3), as there is no possibility the recommended actions will have a significant effect on the environment. TERMS AND CONDITIONS The 33.5-acre subject property has a fair market value of$1,000,000(approximately$29,850 per acre) as determined by an independent appraisal commissioned by the District. The property will be purchased for$1,000,000 on an all cash basis,payable at the close of escrow. The transaction includes an appurtenant access easement to Stevens Canyon Road across the seller's adjacent retained lands. As discussed earlier in this report, this property is within the planning corridor for the future extension of Stevens Creek Trail. The Santa Clara County Parks and Recreation Department staff is recommending a County contribution of one-half(50%) of the purchase price in support of this property purchase. In exchange for the County's 50% contribution, the District would grant an open space easement over the entire property providing assurances to the County that the property will be maintained in a natural condition. This contribution is subject to the approval of the County Board of Supervisors. The County has previously approved similar funding agreements for the District's purchase of the former Keyani and Hall properties along the north side of Stevens Canyon and within the planning corridor for the extension to Stevens R-10-95 Page 6 Creek Trail. Approval of a funding agreement with the County and the open space easement would be brought back to the District Board as a future agenda item. Since the County has not yet approved a funding agreement, the Board should make its purchase determination based upon the full purchase price. The property is being purchased on an "As-Is"basis. Staff has conducted thorough due diligence investigations, including a review of Santa Clara County property records and files and physical inspections of the property. In addition, a Phase I Environmental Site Assessment was recently conducted on the entire 86.8-acre Powell property. The recommendations from that site assessment for the 33.5-acre subject property include proper disposal of any hazardous materials stored in the workshop, proper abandonment of the two septic tanks, and sampling for any asbestos-containing material or lead-based paint prior to demolition of any structures. Demolition and site clean up costs are estimated at between$20,000 and $30,000 as a cost associated with the property purchase. Under the terms of the purchase agreement, the seller will continue to have access to and use of the workshop for up to 180 days following the close of escrow for the purpose of managing the seller's adjacent retained lands. A $5,000 withhold from the purchase price will be forfeited by the seller if the workshop is not vacated and all personal property and debris removed from the premises within the 180 day holdover period. BUDGET CONSIDERATIONS Fiscal Year 2010-2011 Budget for New Land Purchases: New Land $15,000,000 Land purchased this year $ 800,000 Powell Property $1,000,000 -Slaght Property to be considered at same Board meeting) $2,025,000 New Land Purchase Budget Remaining $11,175,000 District Controller Mike Foster was consulted on this proposed purchase and has indicated that, I p p p � considering cash flow and account balances, funds are available for this property purchase. PUBLIC NOTICE Property owners of land located adjacent to or surrounding the subject property have been mailed a copy of the agenda for the public meeting at which the Board of Directors will consider this purchase. R-10-95 Page 7 NEXT STEPS Upon approval by the Board of Directors, staff will proceed with close of escrow for the purchase of the property. The District's Skyline Field Office will manage the property as an addition to Monte Bello Open Space Preserve. Attachments: Resolution Exhibit A: Location Map Exhibit B: Site Map Prepared by: Michael Reeves, Real Property Specialist Contact person: Same as above Graphics prepared by: I Alex Roa, GIS Intern i RESOLUTION 10- RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT,AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (MONTE BELLO OPEN SPACE PRESERVE - LANDS OF POWELL) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: 1. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between K. Harmon Powell and the Midpeninsula Regional Open Space District, a copy of which purchase agreement is attached hereto and by reference made a part hereof, and authorizes the President or other appropriate officer to execute the Agreement on behalf of the District to acquire the real property described therein(the"Powell Property"). 2. The General Manager, President of the Board of Directors or other appropriate officer is g authorized to execute Certificate of Acceptance for the Grant Deed on behalf of the District. 3. The General Manager or the General Manager's designee shall cause to be given appropriate notice of acceptance to the seller and to extend escrow if necessary. 4. The General Manager is authorized to expend up to $35,000 to cover the District's share of closing costs, site clean up and security costs and other miscellaneous costs associated with this purchase. 5. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents which do not involve any material change to any term of the Agreement or documents, which are necessary or appropriate to the closing or implementation of this transaction. 6. The purpose of this Section is to enable the District to reimburse its general fund for the cost of certain land acquisitions. The District wishes to finance certain of these real property acquisitions and expects to use tax-exempt debt, such as bonds, but a tax-exempt financing is not cost justified for the District unless the principal amount of the financing is large enough to justify the related financing costs. Consequently, it is the District's practice to buy property with its general funds and, when a tax-exempt financing is cost justified based on the aggregate value of acquisitions, to issue tax-exempt obligations to reimburse itself for previous expenditures of general funds. These general funds are needed for operating and other working capital needs of the District and are not intended to be used to finance property acquisitions on a long-term basis. U.S. Income Tax Regulation Section 1.150-2 requires an issuer of tax-exempt debt to declare its intent to use a portion of tax-exempt debt proceeds for reimbursement of expenditures prior to the payment of the expenditures. Accordingly, the Board of Directors hereby declares its intent to issue tax-exempt obligations in the maximum principal amount of$1,000,000 and to use a portion of the proceeds of the obligations for reimbursement of District expenditures for acquisition of the Powell Property that are paid before the date of issuance of the obligation. g r ♦.e, r,.r .,tip. ., .,.` 'yJTi v, to Bello r, n Space t.` Preserve - vl Powell ch R r'�'• is etti er Upper Stevens -^— Ope►i Sp ... Property e4e � Pr rve Creek County Park <. i jo •, ; • ti z , e 1 ; y 3 'a Gap Stevens Creek Q Space County Park W erve 1 1 N� `�• fie,,./,..•/.. - �� •�� ' .` 4 -;fir Exhibit A: Powell Property Location Midpeninsula Regional � MROSD Lands ® Conservation or Agricultural Open Space District Easement August 2010 Santa Clara County Park Lands I Maes � 0 0.125 0.25 0.5 OOF OF Monte Bello Open Space Preserve s •, Parcel One (33.5 Acres) Monte Bello Open Space Preserve •'. i� r Retained E H - Property m m CO a i o r Yoh d Saratoga Gap Open Space Preserve Exhibit B: Powell Parcel One Purchase Midpeninsula Regional Open Space District MROSD Lands Conservation or Agricultural Easement August 2010 Santa Clara County Park Lands Mlles I0 0.05 0.1 0.2 .. Midpeninsula Regional Open Space District R-10-1 I I Meeting 10-25 October 13, 2010 AGENDA ITEM 8 AGENDA ITEM Consideration of Adoption of Resolution in Opposition to Proposition 23 on the November 2, 2010 General Election Ballot. GENERAL MANAGER'S RECOMMENDATION Adopt the attached Resolution in Opposition to Proposition 23. SUMMARY Proposition 23 is a statewide proposition on the November 2, 2010 ballot. If approved by the voters, Proposition 23 would suspend AB 32, the Global Warming Act of 2006, until California's unemployment rate drops to 5.5% or below for four consecutive quarters. AB 32 is California's landmark clean air legislation which requires that greenhouse gas emissions in the state be cut to 1990 levels by 2020, a process which is slated to begin in 2012. DISCUSSION What AB 32 Does California is the sixth largest economy in the world and also the world's 12th largest emitter of carbon despite leading the nation in energy efficiency standards. By the year 2020, AB 32 requires the level of greenhouse gas emissions in the state to be reduced to 1990 levels which equates to an approximate 25% reduction over the level of emissions in 2006, the year the bill was signed. The law forces investor-owned utilities to cap their emissions and establishes a statewide goal to reduce the carbon intensity of California's transportation fuels by at least 10 percent by 2020. AB 32 does provide the Governor the ability to suspend the emissions caps for up to one year in the case of an emergency or significant economic harm. AB 32 further requires the California Air Resources Board (CARB) to develop regulations and market mechanisms that will ultimately reduce California's greenhouse gas emissions to meet the 25% reduction target. In the interim, CARB will begin to measure the greenhouse gas emissions of the industries it identifies as significant sources of these emissions. •- a R-10-111 Page 2 AB 32 requires CARB to do the following: • Establish a statewide greenhouse gas emissions cap for 2020, based on 1990 emissions by January 1, 2008. • Adopt mandatory reporting rules for significant sources of greenhouse gases. • Adopt a plan indicating how emission reductions will be achieved from significant greenhouse gas sources via regulations, market mechanisms and other actions. • Adopt regulations to achieve the maximum technologically-feasible and cost-effective reductions in greenhouse gas, including provisions for using both market mechanisms and alternative compliance mechanisms. • Convene an Environmental Justice Advisory Committee and an Economic and Technology Advancement Advisory Committee to advise CARE. • Ensure public notice and opportunity for comment for all CARB actions. • Prior to imposing any mandates or authorizing market mechanisms, CARB must evaluate several factors, including but not limited to impacts on California's economy, the environment and public health; equity between regulated entities; electricity reliability; conformance with other environmental laws and it must ensure that the rules do not disproportionately impact low-income communities. AB 32 is backed by Governor Schwarzenegger and many business groups have opposed the drive to suspend the greenhouse law. The list of contributors backing Proposition 23, the measure that would repeal AB 32, is notable for the absence of venture capitalists in part reflecting the fact that California has always had a strong research and development sector, powered by venture capitalists ready to finance cutting-edge technology. What Proposition 23 Would Do Proposition 23 would freeze the provisions of AB 32 until California's unemployment rate drops to 5.5% or below, for four consecutive quarters. California's unemployment rate, which currently hovers around 12%, has been at 5.5% or below for four consecutive quarters three times since 1980. Proposition 23 who have raised $8.2 million with $7.9 million coming from Proponents nts of Pro o � p P energy companies, most of them out of state), argue that"AB 32 threatens to devastate our economyand limit our personal freedoms", and they assail the CARB "for its intrusions on personal freedom, bureaucratic tyranny and its waste, fraud and abuse." Proponents further say that although AB 32 was intended to protect California from human- caused global warming, "whether global warming is in fact caused by humans or by natural processes, suspending AB 32 save businesses and families money in these tough economic times." Some oil industry leaders said that the law would force them to invest millions of dollars to comply, and asserted that it would force companies to cut jobs and raise the price of gas at the pumps. Proponents believe that AB 32 triggers cost increases and that its "go-it-alone approach will impose massive costs on businesses that can be easily avoided by relocation across state or R-10-111 Page 3 national boundaries," in addition to resulting in a drastic drop in revenues for state agencies, including those responsible for providing social services and protecting the environment. The District believes that global warming is a significant threat to the natural environment and a serious impediment to fulfilling the District's mission to "...protect and restore the natural environment..." Therefore, the General Manager recommends opposing Proposition 23 and inued imple supporting the cont mentation of AB 32, the Global Warming Act of 2006. FISCAL IMPACT There is no fiscal impact resulting from the adoption of the resolution. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act and no environmental review is required. NEXT STEPS If adopted, the public will be informed of the Board's decision via a press release. Attachment 1. Resolution Prepared by: Rudy Jurgensen, Public Affairs Manager Contact person: Same as above