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HomeMy Public PortalAbout20121212 - Agenda Packet - Board of Directors (BOD) - 12-38 F Mid peninsula Regional Open Space District Meeting 12-38 REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle,Los Altos,CA 94022 Wednesday,December 12, 2012 REGULAR MEETING BEGINS AT 7:00 P.m.* AGENDA 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT— OPEN SESSION ORAL COMMUNICATIONS—PUBLIC ADOPTION OF AGENDA SPECIAL ORDERS OF THE DAY Commendation Honoring the 40th Anniversary of Marin County Parks and Monterey Peninsula Regional Park District 7:05 CONSENT CALENDAR 1. Approve Minutes of the Special and Regular Board Meetings—November 28,2012 2. Approve Revised Claims Report 3. Approve Written Communications—None 7:10 BOARD BUSINESS 4. Informational Presentation on Argentine Ant Research—J. Silverman 5. Award of Contract for Interim Assistant General counsel with the Law Firm Shute,Mihaly, and Weinberger, LLP, in an Amount Not to Exceed$248,795 through March 31,2014—S. Schaffner 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 BOARD., The President 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 be limited to three mintites.Alternately,you may comment to the Board by a written communication, which the Board appreciates. Consent Calendar:All items on the Consent Calendar may be approved without discussion by one motion.Board members,the General Manager, and members of the public may request that att item be removed from the Consent Calendar during consideration of the Consent Calendar. In compliance with the Americans with Disabilities Act,ifyou 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. CER'FIFICA'HON OF Pos,rING OF AGENDA 1,Maria Soria,Deputy District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing agenda for the Regular Meeting of the MROSD Board of Directors was posted and available for review on December 7,2012,at the Administrative Offices of MROSD,330 Distel Circle,Los Altos California,94022. 'rhe agenda is also available on the District's web site at Sign this 7"day ofQecember,at Los Altos,California. MARIA SORIA Deputy District Clerk December 7,2012 Claims No. 12-21 Meeting 12-38 Date 12/12/12 Revised Midpeninsula Regional Open Space District # Amount Name Description 18986 $13,279.50 Santa Clara County Communications Services Related To The Design, Installation&Maintenance Of A Two Way Radio System 18987 $12,500,00 Heyday Publishing Services-Final Payment For"Room To Breathe" Coffee Table Book 18988 $8,429.00 # Hathaway Dinwiddie Sealing Of Barn&Homestead House-Hawthorn Property 18989 $7,672.50 Go Native Treatment Of Slender False Brome On Preserves 18990 $5,739.68 # Art Hall Bee Consultant Bee Hive Removal Services-Hawthorn Property 18991 $5,167.85 *1 First National Bank Computer,Website&Internet Expenses-Email Service Provider For Sending Email Blasts/Wi-Fi For GM iPad/Web Hosting Service/Four Notebook Computers/AO&FFO Internet Service /Website Hosting&Domain Name For"Room To Breathe" Coffee Table Book 18992 $4,614.73 *2 San Mateo County Planning&Building Permit Fee-Ancient Oak Trail Department 18993 $4,579.89 HB Company Chainsaw Safety Training 18994 $4,434.28 LFR An ARCADIS Company Engineer&Design Services-ECDM Staging Area&Trails Project 18995 $4,415.05 Design Concepts Graphic Design Services-Postcards For Mt.Umunhum Public Meeting/Mt. Umunhum Tour Sheets/Formatting For Mt. Umunhum Site Plan Document/Brochures 18996 $3,248.14 Big Creek Lumber Split Posts For ECDM Parking Lot/Sign Posts For SFO Stock/ Lumber For Pulgas Ridge Fence&Steps Restoration Project 18997 $2,863.75 Grossman Design Group Consulting Services-Prepare Mt. Umunhum Demolition Contract Documents 18998 $2,755.12 Accountemps Accounting Temp 18999 $2,677.40 Tires On The Go Tires&Tire Repair 19000 $2,630.00 Mark Thomas&Company Survey Services For ECDM Staging Area&Trails Project 19001 $2,620.74 *1 First National Bank Event Supplies&Expenses-Catering Deposit&Supplies For Staff Year End Celebration 19002 $2,588.29 The Sign Shop Sign&Sign Boards For ECDM Staging Area/Fifty Hazardous Fire Area&No Smoking Signs For Foothills Area 19003 $2,080.00 Hazard Management Services Asbestos&Lead Awareness Training 19004 $1,959.01 *1 First National Bank Field Supplies/Trail Camera/Binoculars/Magnets For Sign Boards!Chainsaw Parts/Post Hole Digger/Fuel Cans/Toggle Switch/Safety Glasses/Ear Plugs/Particulate Filters/ Respirators 19005 $1,200.00 # Woodside Portola Patrol Patrol Services-Hawthorn Property 19006 $1,172.00 Communication&Control Radio Repeater Site Rent-Tomita Hill 19007 $1,104.24 Redwood General Tire Company Tires&Tires Installation 19008 $1,056.40 *3 State Board Of Equalization Annual Pond Permits 19009 $1,012.26 *1 First National Bank Office Supplies/Toner Cartridges/Water Filter/Printer Supplies /Shelves/Shipping Boxes/Telephone Headset&Cable 19010 $954.59 *1 First National Bank Business Related Meals-Board Meetings/Closed Sessions/ GM Meetings/Dinner With Board Meeting Presentor From The National Marine Fisheries Service/Real Property Manager Meetings/Lunch For Staff&County Planners-Site Tours 19011 $938.00 Hoge, Fenton,Jones&Appel Legal Services-Chiocchi Litigation 19012 $914.78 Orchard Supply Hardware Field Supplies/Shop Tools For FFO&SFO/Supplies For SFO HVAC Project/Paint For Bat Boxes/Supplies For Rancho De Guadalupe Water Tank/Shelving For FFO Shop/Janitorial Supplies 19013 $815.92 *1 First National Bank Advertising,Subscriptions&Books-AutoCAD Subscription Renewal/Subscription To Online Project Management& Collaboration Tool/Modern Plumbing Training Book 19014 $720.00 Fall Creek Engineering Design&Engineering Services For Ponds DR07&DR08 At La Honda Creek 19015 $708.48 Office Team Office Temp-Front Desk Receptionist Page t of 4 Claims No. 12-21 Meeting 12-38 Date 12/12/12 Revised Midpeninsula Regional Open Space District # Amount Name Description 19016 $684.00 *1 First National Bank Conferences&Training Expenses-Association For Fire Ecology Conference/Training Course-Breaking Bad Communication Habits 19017 $679.10 Dutra Materials Rock For FFO Stock 19018 $668.13 Moffett Supply Company Janitorial Supplies For Skyline Preserves 19019 $635.16 Priority 1 Public Safety Equipment Code 3 Equipment For New Patrol Truck 19020 $618.43 Reed,Steve Reimbursement-Uniform Expenses 19021 $553.20 *1 First National Bank Volunteer&Docent Events&Supplies-Facility Rental Deposit For Quarterly Volunteer Meeting/Name Badges For Volunteers& Docents 19022 $553.12 Media Center Digital Recording Of Mt. Umunhum Media Tour 19023 $550.22 United Site Services Sanitation Services-Fremont Older&Sierra Azul 19024 $531.00 Greg's Trucking Service Trucking Services-Rock For FFO Stock 19025 $500.69 West Tek Supply Landscape Fabric For FFO Stock 19026 $405.84 *1 First National Bank Vehicle Maintenance&Supplies 19027 $395.00 Aaron's Septic Tank Service Pumping Services-Rental Residence 19028 $358.60 Burrellesluce Media Contacts For Press Releases&E-Clipping Service 19029 $354.44 Shakespeare Composite Structures Markers For ECDM Parking Lot 19030 $347.67 ARC Map&Mounting Services For Natural Resources Office 19031 $318.96 *4 San Mateo County Tax Collector 2012/2013 Property Tax For Multiple Parcels 19032 $265.70 Del Rey Building Maintenance Janitorial Supplies-AO 19033 $265.64 ADT Security Services Alarm Service-SFO 19034 $246.90 R. E. Borrmann's Steel Company Supplies For Pulgas Ridge Fence&Steps Restoration Project 19035 $241.24 Foster Brothers Padlocks For Gates 19036 $234.24 # United Site Services Sanitation Services.For Crew Doing Work At The Hawthorn Property 19037 $215.94 G&K Services Shop Towel Service-SFO&FFO 19038 $205.11 West Payment Center Monthly Information Charges&Subscription 19039 $200.00 Williams,Mike Reimbursement-International Right Of Way Membership Dues 19040 $187.28 Uline Reflective Tape For ECDM Parking Lot Gates 19041 $180.00 Metro Mobile Communications Reprogram&Service Portable Radios 19042 $174.56 *1 First National Bank Rental Residence Expenses-Water System Repair/Smoke Alarm 19043 $162.34 *1 First National Bank Uniform Expenses 19044 $140.67 Summit Uniforms Uniform Expenses 19045 $115.58 Alamo Lighting Light Bulbs-AO 19046 $109.00 Coastal Sierra Internet Service-SFO 19047 $108.43 *1 First National Bank Miscellaneous Expenses-District Merchandise For Logo Design Consultant/Photo&Framing For Donor 19048 $108.03 Robert's Hardware Concrete To Set Gate At Gallaway Property 19049 $85.99 *1 First National Bank Local Business Meeting Expense-Cargo Van Rental For Mt. Umunhum Public Meeting 19050 $85.25 Cal-Line Equipment Parts For Chipper Repair 19051 $85.00 *1 First National Bank Membership Dues-Nonprofit Tech Network 19052 $75.00 Jurich,Michael Reimbursement-Parking For Pacific Southwest Maintenance Management School 19053 $60.00 Hooper,Stan Reimbursement-Cell Phone 19054 $59.75 Pine Cone Lumber Supplies For Pulgas Ridge Fence&Steps Restoration Project 19055 $55.08 Grainger Reflective Markers For ECDM Parking Lot Project 19056 $40.00 *5 Santa Clara County Cities Managers' Santa Clara County Cities Managers'Association Holiday Association Luncheon 19057 $34.14 California Water Service Company Water Service-Windy Hill 19058 $17.32 Los Altos Hardware Field Supply Page 2 of 4 , Claims No. 12-21 • Meeting 12-38 Date 12/12/12 Revised Midpeninsula Regional Open Space District. # Amount Name Description 19059 $13.97 United Parcel Service Parcel Shipping 19060 R $24,000.00 Old Republic Title Company Land Acquisition-Rajczi Property 19061 R $19,626.00 Public Dialogue Consortium Public Outreach Consultant Services For Vision Plan 19062 R $8,569.80 Callander Associates Landscape Landscape Architectural Services-Ravenswood Bay Trail Project Architecture 19063 R $7,095.00 TKO General Engineering& Release Of 10%Retainer For Ponds DR07&DR08 Construction Construction &Repair Services 19064 R $6,853.72 Priority 1 Code 3 Equipment&Installation For New Patrol Trucks/Replace Spotlight On Patrol Truck/Repair Code 3 Equipment On Patrol Truck 19065 R $6,600.00 West Valley-Mission College Registration Fee-4WD Training For AO Staff Y 9 9 9 19066 R $5,250.00 Aperture Consulting Analysis&Advice Regarding Redevelopment Agency Wind Down Activities Within The District 19067 R $5,205.67 The Ferguson Group Legislative Consultant-Lobbyist For Mt.Umunhum 19068 R $4,735.00 Timothy C. Best,CEG Engineering Geological Services-Road&Trail Inventory For Mindego Ranch 19069 R $4,415.00 Shute,Mihaly&Weinberger Legal Services For Proposed Ridge Vineyards Land Exchange 19070 R $4,383.79 Home Depot Field Supplies/FFO Shop Supplies/Supplies For SAO Water System/Supplies For Annex Water Line Repair/Generator For Rental Residence/Supplies For FFO Maintenance Projects/ Sink For FFO/Supplies For Purisima Creek Redwoods Trail Work 19071 R $2,536.60 Metro Mobile Communications Radio&Radio Installation For New Maintenance Truck 19072 R $1,500.90 Tadco Supply Janitorial Supplies 19073 R $1,345.25 California Department Of Fish&Game Routine Maintenance Fee For Work In Districtwide Water Courses 19074 R $1,083.75 Mortensen Design Additions To District Identity Guidelines&Develop Color Palette For District Publications 19075 R $1,002.85 Redwood General Tire Company Tires&Tire Installations 19076 R $1,000.00 '6 Old Republic Title Company Good Faith Deposit-Land Acquisition 19077 R $800.00 Aaron's Septic Tank Service Pumping Services-Pulgas Ridge&Jacques Ridge 19078 R $735.36 Santa Clara County-Office Of The Patrol Services For Turkey Day Ride Sheriff 19079 R $682.43 Stevens Creek Quarry Rock For High Meadow Trail At RSA/Rock For FFO Stock 19080 R $622.61 San Jose Water Company Water Service-RSA 19081 R $609.46 Costco Office&Break Room Supplies-SFO&FFO/Shelves 19082 R $560,00 State Bar Of California State Bar Membership Fees 19083 R $508.38 Turf&Industrial Equipment Company Two Batteries For Electric Utility Vehicle 19084 R $402.52 Beck's Shoes Uniform Boots 19085 R $379.23 Recology South Bay Dumpster Service-RSA 19086 R $374.00 Rich Voss Trucking Rock Delivery For FFO Stock 19087 R $363.00 Ergo Vera Ergonomic Evaluation&Report 19088 R $320.00 Conscious Creative Web Design&Development Services For Openspace.org 19089 R $237.34 Cascade Fire Equipment Company Parts For Fire Pumpers 19090 R $204.81 Gardenland Power Equipment Parts For Fire Pumpers 19091 R $182.36 Continuing Education Of The Bar Legal Book-California Real Property Sales Transactions 19092 R $137.42 Tooland Saw Blades For Table Saw&Skill Saw-FFO 19093 R $108.10 The Workingman's Emporium Uniform Expenses 19094 R $77.38 Big Creek Lumber Supplies For Pulgas Ridge Fence Project 19095 R $70.24 West Valley Collection Garbage Service-SAO 19096 R $64.49 Trout Bach,Rebecca Reimbursement-Uniform Expense 19097 R $61.29 Carlson,Kerry Reimbursement-Uniform Expenses 19098 R $60.95 Peterson Tractor Company Tractor Supplies-Antifreeze 19099 R $60.00 Barresi,Chris Reimbursement-Cell Phone 19100 R $60.00 Bankosh,Michael Reimbursement-Cell Phone Page 3 of 4 Claims No. 12-21 Meeting 12-38 Date 12/12/12 Revised Midpeninsula Regional Open Space District # Amount Name Description 19101 R $58.52 Summit Uniforms Uniform Expense 19102 R $50.00 Santa Clara County Clerk Recorder County Clerk Processing Fee For Notice Of Exemption For Routine Maintenance Agreement 19103 R $23.83 Villarreal,Jaime Reimbursement-Uniform Expense 19104 R $7.41 Pape'Material Handling Tractor Supplies Total $229,801.78 *1 Urgent check issued 12/4/12 The total amount for First National Bank is$14,789.73 *2 Urgent check issued 1217/12 *3 Urgent check issued 12/7/12 *4 check i Urgent c ec sued 12/7/12 *5 Urgent check issued 12/5/12 *6 Urgent check issued 12/10/12 # Hawthorn expenses Page 4 of 4 Claims No. 12-21 Meeting 12-38 Date 12/12/12 Midpeninsula Regional Open Space District # Amount Name Description 18986 $13,279.50 Santa Clara County Communications Services Related To The Design, Installation&Maintenance Of A Two Way Radio System 18987 $12,500.00 Heyday Publishing Services-Final Payment For"Room To Breathe" Coffee Table Book 18988 $8,429.00 # Hathaway Dinwiddie Sealing Of Barn&Homestead House-Hawthorn Property 18989 $7,672,50 Go Native Treatment Of Slender False Brome On Preserves 18990 $5,739.68 # Art Hall Bee Consultant Bee Hive Removal Services-Hawthorn Property 18991 $5,167.85 *1 First National Bank Computer,Website&Internet Expenses-Email Service Provider For Sending Email Blasts/Wi-Fi For GM iPad/Web Hosting Service/Four Notebook Computers/AO&FFO Internet Service /Website Hosting&Domain Name For"Room To Breathe" Coffee Table Book 18992 $4,614.73 *2 San Mateo County Planning&Building Permit Fee-Ancient Oak Trail Department 18993 $4,579.89 HB Company Chainsaw Safety Training 18994 $4,434.28 LFR An ARCADIS Company Engineer&Design Services-ECDM Staging Area&Trails Project 18995 $4,415.05 Design Concepts Graphic Design Services-Postcards For Mt.Umunhum Public Meeting/Mt. Umunhum Tour Sheets/Formatting For Mt. Umunhum Site Plan Document/Brochures 18996 $3,248.14 Big Creek Lumber Split Posts For ECDM Parking Lot/Sign Posts For SFO Stock/ Lumber For Pulgas Ridge Fence&Steps Restoration Project 18997 $2,863.75 Grossman Design Group Consulting Services-Prepare Mt. Umunhum Demolition Contract Documents 18998 $2,755.12 Accountemps Accounting Temp 18999 $2,677.40 Tires On The Go Tires&Tire Repair 19000 $2,630.00 Mark Thomas&Company Survey Services For ECDM Staging Area&Trails Project 19001 $2,620.74 *1 First National Bank Event Supplies&Expenses-Catering Deposit&Supplies For Staff Year End Celebration 19002 $2,588.29 The Sign Shop Sign&Sign Boards For ECDM Staging Area/Fifty Hazardous Fire Area&No Smoking Signs For Foothills Area 19003 $2,080.00 Hazard Management Services Asbestos&Lead Awareness Training 19004 $1,959.01 *1 First National Bank Field Supplies 1 Trail Camera/Binoculars/Magnets For Sign Boards!Chainsaw Parts/Post Hole Digger/Fuel Cans/Toggle Switch/Safety Glasses/Ear Plugs/Particulate Filters/ Respirators 19005 $1,200.00 # Woodside Portola Patrol Patrol Services-Hawthorn Property 19006 $1,172.00 Communication&Control Radio Repeater Site Rent-Tomita Hill 19007 $1,104.24 Redwood General Tire Company Tires&Tires Installation 19008 $1,056.40 *3 State Board Of Equalization Annual Pond Permits 19009 $1,012.26 *1 First National Bank Office Supplies/Toner Cartridges/Water Filter/Printer Supplies /Shelves/Shipping Boxes/Telephone Headset&Cable 19010 $954.59 *1 First National Bank Business Related Meals-Board Meetings/Closed Sessions/ GM Meetings/Dinner With Board Meeting Presentor From The National Marine Fisheries Service/Real Property Manager Meetings/Lunch For Staff&County Planners-Site Tours 19011 $938.00 Hoge, Fenton,Jones&Appel Legal Services-Chiocchi Litigation 19012 $914.78 Orchard Supply Hardware Field Supplies/Shop Tools For FFO&SFO/Supplies For SFO HVAC Project/Paint For Bat Boxes/Supplies For Rancho De Guadalupe Water Tank/Shelving For FFO Shop/Janitorial Supplies 19013 $815.92 *1 First National Bank Advertising,Subscriptions&Books-AutoCAD Subscription Renewal/Subscription To Online Project Management& Collaboration Tool/Modern Plumbing Training Book 19014 $720.00 Fall Creek Engineering Design&Engineering Services For Ponds DR07&DR08 At La Honda Creek 19015 $708A8 Office Team Office Temp-Front Desk Receptionist Page 1 of 3 4 Claims No. 12-21 Meeting 12-38 Date 12/12/12 Midpeninsula Regional Open Space District # Amount Name Description escri tion 19016 $684.00 '1 First National Bank Conferences&Training Expenses-Association For Fire Ecology Conference/Training Course-Breaking Bad Communication Habits 19017 $679.10 Dutra Materials Rock For FFO Stock 19018 $668.13 Moffett Supply Company Janitorial Supplies For Skyline Preserves 19019 $635.16 Priority 1 Public Safety Equipment Code 3 Equipment For New Patrol Truck 19020 $618A3 Reed,Steve Reimbursement-Uniform Expenses 19021 $553.20 "1 First National Bank Volunteer&Docent Events&Supplies-Facility Rental Deposit For Quarterly Volunteer Meeting/Name Badges For Volunteers& Docents 19022 $553.12 Media Center Digital Recording Of Mt. Umunhum Media Tour 19023 $550.22 United Site Services Sanitation Services-Fremont Older&Sierra Azul 19024 $531.00 Greg's Trucking Service Trucking Services-Rock For FFO Stock 19025 $500.69 West Tek Supply Landscape Fabric For FFO Stock 19026 $405.84 `1 First National Bank Vehicle Maintenance&Supplies 19027 $395.00 Aaron's Septic Tank Service Pumping Services-Rental Residence 19028 $358.60 Burrellesluce Media Contacts For Press Releases&E-Clipping Service 19029 $354.44 Shakespeare Composite Structures Markers For ECDM Parking Lot 19030 $347.67 ARC Map&Mounting Services For Natural Resources Office 19031 $318.96 '4 San Mateo County Tax Collector 2012/2013 Property Tax For Multiple Parcels 19032 $265.70 Del Rey Building Maintenance Janitorial Supplies-AO 19033 $265.64 ADT Security Services Alarm Service-SFO 19034 $246.90 R. E. Borrmann's Steel Company Supplies For Pulgas Ridge Fence&Steps Restoration Project 19035 $241.24 Foster Brothers Padlocks For Gates 19036 $234.24 # United Site Services Sanitation Services For Crew Doing Work At The Hawthorn Property 19037 $215.94 G&K Services Shop Towel Service-SFO&FFO 19038 $205.11 West Payment Center Monthly Information Charges&Subscription 19039 $200.00 Williams, Mike Reimbursement-International Right Of Way Membership Dues 19040 $187.28 Uline Reflective Tape For ECDM Parking Lot Gates 19041 $180.00 Metro Mobile Communications Reprogram&Service Portable Radios 19042 $174.56 '1 First National Bank Rental Residence Expenses-Water System Repair/Smoke Alarm 19043 $162.34 '1 First National Bank Uniform Expenses 19044 $140.67 Summit Uniforms Uniform Expenses 19045 $115,58 Alamo Lighting Light Bulbs-AO 19046 $109.00 Coastal Sierra Internet Service-SFO 19047 $108.43 '1 First National Bank Miscellaneous Expenses-District Merchandise For Logo Design Consultant/Photo&Framing For Donor 19048 $108.03 Robert's Hardware Concrete To Set Gate At Gallaway Property 19049 $85.99 '1 First National Bank Local Business Meeting Expense-Cargo Van Rental For Mt. Umunhum Public Meeting 19050 $85.25 Cal-Line Equipment Parts For Chipper Repair 19051 $85.00 '1 First National Bank Membership Dues-Nonprofit Tech Network 19052 $75.00 Jurich,Michael Reimbursement-Parking For Pacific Southwest Maintenance Management School 19053 $60.00 Hooper,Stan Reimbursement-Cell Phone 19054 $59.75 Pine Cone Lumber Supplies For Pulgas Ridge Fence&Steps Restoration Project 19055 $55.08 Grainger Reflective Markers For ECDM Parking Lot Project 19056 $40.00 '5 Santa Clara County Cities Managers' Santa Clara County Cities Managers'Association Holiday Association Luncheon 19057 $34.14 California Water Service Company Water Service-Windy Hill 19058 $17.32 Los Altos Hardware Field Supply Page 2 of 3 li Claims No. 12-21 Meeting 12-38 Date 12/12/12 Midpeninsula Regional Open Space District # Amount Name Description 19059 $13.97 United Parcel Service Parcel Shipping Total $116,777.32 *1 Urgent check issued 12/4/12 The total amount for First National Bank is$14,789.73 *2 Urgent check issued 12/7/12 *3 Urgent check issued 1217/12 *4 Urgent check issued 12/7/12 *5 Urgent check issued 12/5/12 # Hawthorn expenses Page 3 of 3 Midpeninsula Regional Open Space District R-12-107 Meeting 12-38 December 12, 2012 AGENDA ITEM 4 AGENDA ITEM Informational Presentation on Argentine Ant Research GENERAL MANAGER'S RECOMMENDATION Receive an informational presentation on Argentine ant research. SUMMARY Researchers at Stanford University studied the potential for colonization of invasive Argentine ants in ten nature preserves, including revegetation projects sites within District Preserves. Results from this study will be presented to the Board of Directors. DISCUSSION Researchers will present portions of results from their Argentine ant study, which was awarded funding under the District's Resource Grants Program in 2007 (see Report R-07-122). The researchers surveyed for Argentine ants in ten preserves and found that the invasive ants are not present in six preserves, but are well established in Fremont Older and Pulgas Ridge Open Space Preserves. Over five years(2008-2012), the study found that the ants were consistently established in areas near disturbance sites such as parking lots. The researchers developed a model that predicts the spread of Argentine ants in Fremont Older and Pulgas Ridge,using data from a related long-term monitoring project in Jasper Ridge Biological Preserve. The model shows that ants are not likely to spread into preserves further than about 500 meters from human disturbance. This suggests that both the shape and size of preserves, relative to disturbed areas, will be crucial to preventing Argentine ant invasions. Third, the researchers developed a protocol for eliminating Argentine ants from native plants used in the tree farm restoration project at Skyline Ridge Open Space Preserve. Because Argentine ants are commonly transported in nursery stock, application of this protocol can reduce the risk of inadvertent introduction of the invasive ants. FISCAL IMPACT There are no fiscal impacts associated with this presentation. The District granted $25,000 for this research as part of the Resource Management Grant Program of which$24,500 was spent between FY2009-10 and FY2010-1 1. The remaining $500 will be paid in FY2012-13 upon R-12-107 Page 2 receipt of the final report. An additional contribution to the study in the amount of$10,000 was made by an anonymous donor. BOARD COMMITTEE REVIEW Committee review of this item is not required. PUBLIC NOTICE Public notice was provided as required by the Brown Act and persons on the Resource Management list were notified. CEQA COMPLIANCE This item is a research project and therefore not a project subject to the California Environmental Quality Act. NEXT STEPS Staff will continue to refine and implement techniques to minimize the potential for Argentine ant colonization in restoration plantings projects. Staff will work with current and future contractors to promote awareness of Argentine ant invasions and techniques to remove them from container plants in the nursery. Responsible Department Head: Kirk Lenington,Natural Resources Department Prepared by: Joel Silverman, Resource Management Specialist I Contact person: Joel Silverman, Resource Management Specialist I r Midpeninsula Regional ' i Open Space District R-12-108 Meeting 12-36 December 12, 2012 AGENDA ITEM 5 AGENDA ITEM for Award of Contract fo Interim Assistant General Counsel Services with the Law Firm Shute Mihaly and Weinberger, LLP, in an Amount Not-to-Exceed$248,795 through March 31, 2014 GENERAL MANAGER'S RECOMMENDATION Approve a contract with the law firm Shute, Mihaly and Weinberger, LLP,to provide Interim Assistant General Counsel services, in an amount equal to the cost savings realized by the current vacancy in that position, totaling $248,795 for the remainder of this fiscal year 2012-13 and next fiscal year 2013-14. SUMMARY As previously announced, the District's Assistant General Counsel, James Atencio, recently took another job, leaving a vacancy in the General Counsel's Office. After a review of twenty(20) proposals to fill the position on an interim basis, and in consultation with District General Counsel Sheryl Schaffner, staff recommends contracting with the law firm Shute, Mihaly and Weinberger, LLP. The firm presented a competitive mix of lower than average hourly rates and well qualified and appropriately experienced assigned counsel, with partner Tamara Galanter assigned as lead. The District is familiar with Ms. Galanter's work and has been happy with the services she has provided to the District previously. DISCUSSION The vacancy in the position of Assistant General Counsel (AGC) creates a salary savings of $77,883 for the remainder of this fiscal year(through March 31, 2013), and$170,912 for the next fiscal year, assuming the budget for this position remains the same as this year. Both figures include salary and benefits, and total $248,795 through March 31, 2014. The Board directed the General Manager and General Counsel to use those salary savings to temporarily provide the services lost with the AGC departure,until a plan for what to do with the position in the long-term can be developed and brought forth for Board consideration. R-12-108 Page 2 In response, the General Counsel put out a request for proposals from the local government law q p p community. Twenty(20)proposals were received. The proposals ranged from solo attorneys with little relevant experience and rates as low as$70 per hour, to higher-end firms with well- qualified attorneys and rates of$300 per hour. All proposals, including those from high-end firms, were discounted from private sector rates, as is customary for public agency general legal work. A careful review of the proposals received led the General Counsel to conclude that the proposal submitted by Shute, Mihaly & Weinberger with partner Tamara Galanter named as lead was the best one, with the right mix of skills, experience and rate structure. The proposed rate structure, as set out in Exhibit A to the Agreement(see Attachment), is $190 per hour, with no charge for travel. Most of Ms. Galanter's services would be provided via telephone and email, but she would come in to the office at least once a week to provide"office hours" in person, to meet with staff, and attend special meetings as needed. This deeply discounted rate is only good for the first twenty-five(25)hours of Ms. Galanter's time per week. This is not a problem though, since we will only be able to use about seventeen(17) hours of service per week at this rate before we exceed the salary savings set out above. Ms. Galanter and her firm appear to be a good tit for this service at this time as both she and her firm are already well-acquainted with the District and its needs,the firm has a"deep bench"of attorneys with relevant experience and specializations to back Ms. Galanter up as needed, and can provide the flexibility we need in terms of hours of availability and turnaround time on individual projects. It is important to reiterate that the salary savings translate to less than half of the hours of service we are accustomed to receiving from this position, which is fairly typical when you move from in-house to contract services. We will need to increase our efficiencies to keep up with core projects under that reduced level of service, which the General Counsel is working on, with the assistance of the rest of the Management Team. As was previously planned, the General Counsel will prepare an overview of the position, which was a temporary position needing I review already, and bring forth for Board consideration a set of -term options and a long-term g recommendation for this position sometime within the next year. This partial vacancy will hopefully help to focus that analysis. The term of the contract is set to expire at the end of the next fiscal year, with the salary savings allocated accordingly as the maximum contract amount. It is not likely that the contract will need to go the full length. It can be terminated with notice by either the contractor or the District, which at this time is anticipated to occur when the General Counsel brings an analysis and set of options regarding what to do with the position at her annual review in June. Any direction given by the Board during that review would then be implemented, which depending on what that direction is, could take one month(if termination of both the contract and the position is the path chosen) to several months(if a recruitment to fill the position is the path chosen). In short, the time and amount set out in the contract is the outer limit of what is anticipated, with a margin of safety in case there are delays in getting to a final outcome. 2 R-12-108 Page 3 FISCAL IMPACTS The amount of the contract is equal to the salary savings realized through the present vacancy in the position. Consistent with previous Board direction, these savings are simply being redirected to temporarily and partially fill the vacancy through contract services, creating no additional fiscal impacts. BOARD COMMITTEE REVIEW This decision is not one requiring committee review. PUBLIC NOTICE This action requires no special public notice outside the regular Brown Act notice that is already provided for this meeting. CEQA COMPLIANCE This decision does not have any environmental impacts triggering the California Environmental Quality Act(CEQA). NEXT STEPS Upon approval by the Board of Directors, staff will proceed to finalize the contract. Within the next year, the General Counsel will return to the Board with a set of options and long-term recommendations for the position of Assistant General Counsel. Attachments: 1. Agreement for Professional Services Between the Midpeninsula Regional Open Space District and Shute, Mihaly &Weinberger, LLP. Prepared by: Sheryl Schaffner, General Counsel Contact person: Same as above 3 Itrlipeninsula Regional Open Space District AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND SHUTE, MIHALY & WEINBERGER LLP THIS AGREEMENT is by and between SHUTE, MIHALY & Vv'EINBERGER LLP("Consultant")and the Midpeninsula Regional Open Space District,a public body of the State of California("District"). Consultant and District agree: 1. Services.Consultant shall provide the Services set forth in Exhibit A,attached hereto and incorporated herein. 2. Compensation. Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum compensation amount,Consultant agrees to per-form all of the Scope of Services herein required of Consultant as set out in Exhibit A, for an amount not to exceed$77,,800.00 for the remainder of this fiscal year(ending March 31, 2013),and for a total not to exceed$248,795.00,including all materials and other reimbursable amounts("Maximum Compensation"). Consultant shall submit invoices on a monthly basis. All bills submitted by Consultant shall contain sufficient information to determine whether the amount deemed due and payable is accurate. Bills shall include a brief description of services performed,the date services were performed,the number of hours spent and by whom,a brief description of any costs incurred and the Consultant's signature. 3. Term and Termination.This Agreement commences on full execution hereof and terminates on March 31,2014,unless otherwise extended or terminated pursuant to the provisions hereof. Agreement shall be terminable at will by either party with thirty(30)days written notice on either side. Consultant agrees to diligently prosecute the services to be provided under this Agreement to completion and in accordance with any schedules specified herein. In the performance of this Agreement,time is of the essence. Time extensions for delays beyond the Consultant's control,other than delays caused by the District, shall be requested in writing to the District's Contract Administrator prior to the expiration of the specified completion date. 4. Assignment and Subcontracting.A substantial inducement to District for entering into this Agreement is the professional reputation and competence of Consultant.Neither this Agreement nor any interest herein may be assigned or subcontracted by Consultant without the prior written approval of District. It is expressly understood and agreed by both parties that Consultant is an independent contractor and not an employee of the District. 5. Indemnification. Consultant shall indemnify,defend, and hold District,its directors,officers,employees, agents,and volunteers harmless from and against any and all liability, claims, suits,actions,damages,and causes of action arising out of,pertaining or relating to the negligence,recklessness or willful misconduct of Consultant,its employees,subcontractors, or agents,or on account of the performance or character of the Services,except for any such claim arising out of the sole negligence or willful misconduct of the District, its officers, employees, agents,or volunteers. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 6. Termination and Abandonment.This Agreement may be cancelled at any time by District for its convenience upon written notice to Consultant. In the event of such termination,Consultant shall be entitled Agreement-MROSD and SHUTE, MIHALY & WEINBERGER LLP Page 2 to pro-rated compensation for authorized Services performed prior to the effective date of termination provided however that District may condition payment of such compensation upon Consultant's delivery to District of any or all materials described herein. In the event the Consultant ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the Services described in this Agreement,Consultant shall,without delay,deliver to District all materials and records prepared or obtained in the performance of this Agreement. Consultant shall be paid for the reasonable value of the authorized Services performed up to the time of Consultant's cessation or abandonment,less a deduction for any damages or additional expenses which District incurs as a result of such cessation or abandonment. 7. Ownership of Materials.All documents,materials,and records of a finished nature, including but not limited to final plans, specifications,video or audio tapes,photographs,computer data, software,reports, maps,electronic files and films,and any final revisions,prepared or obtained in the performance of this Agreement,shall be delivered to and become the property of District. All documents and materials of a preliminary nature, including but not limited to notes,sketches,preliminary plans,computations and other data,and any other material referenced in this Section,prepared or obtained in the performance of this Agreement, shall be made available,upon request,to District at no additional charge and without restriction or limitation on their use. Upon District's request,Consultant shall execute appropriate documents to assign to the District the copyright or trademark to work created pursuant to this Agreement. Consultant shall return all District property in Consultant's control or possession immediately upon termination. 8. Compliance with Laws. In the performance of this Agreement,Consultant shall abide by and conform to any and all applicable laws of the United States and the State of California,and all ordinances,regulations, and policies of the District. Consultant warrants that all work done under this Agreement will be in compliance with all applicable safety rules,laws, statutes,and practices,including but not limited to Cal/OSHA regulations. If a license or registration of any kind is required of Consultant,its employees,agents, or subcontractors by law,Consultant warrants that such license has been obtained,is valid and in good standing,and Consultant shall keep it in effect at all times during the term of this Agreement,and that any applicable bond shall be posted in accordance with all applicable laws and regulations. 9. Conflict of Interest.Consultant warrants and covenants that Consultant presently has no interest in,nor shall any interest be hereinafter acquired in,any matter which will render the services required under the provisions of this Agreement a violation of any applicable state,local,or federal law. In the event that any conflict of interest should nevertheless hereinafter arise,Consultant shall promptly notify District of the existence of such conflict of interest so that the District may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act(Government Code § 81000 et seq.) respecting this Agreement. 10. Whole Agreement and Amendments.This Agreement constitutes the entire understanding and Agreement of the parties and integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or any previous written or oral Agreements between the parties with respect to all or any part of the subject matter hereof The parties intend not to create rights in,or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty,covenant,obligation,or undertaking established herein. This Agreement may be amended only by a written document,executed by both Consultant and District's General Manager,and approved as to form by the District's General Counsel. Such document shall expressly state that it is intended by the parties to amend certain terms and conditions of this Agreement. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. Multiple copies of this Agreement may be executed but the parties agree that the Agreement on file in the office of District's District Clerk is the version of the Agreement that shall take Agreement-MROSD and SHUTE, MIHALY & WEINBERGER LLP Page 3 precedence should any differences exist among counterparts of the document. This Agreement and all matters relating to it shall be governed by the laws of the State of California. 11. Capacity of Parties. Each signatory and party hereto warrants and represents to the other party that it has all legal authority and capacity and direction from its principal to enter into this Agreement and that all necessary actions have been taken so as to enable it to enter into this Agreement. 12. Severability. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional,invalid,or beyond the authority of either party to enter into or carry out,such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect,provided that the remainder of this Agreement,absent the unexcised portion,can be reasonably interpreted to give effect to the intentions of the parties. 13. Notice.Any notice required or desired to be given under this Agreement shall be in writing and shall be personally served or, in lieu of personal service,may be given by(i) depositing such notice in the United States mail,registered or certified,return receipt requested,postage prepaid,addressed to a party at its address set forth in Exhibit A; (ii)transmitting such notice by means of Federal Express or similar overnight commercial courier("Courier"),postage paid and addressed to the other at its street address set forth below; (iii)transmitting the same by facsimile, in which case notice shall be deemed delivered upon confirmation of receipt by the sending facsimile machine's acknowledgment of such with date and time printout; or(iv)by personal deliveryr Any notice given by Courier shall be deemed given on the date shown on the receipt for acceptance or rejection of the notice. Either party may,by written notice,change the address to which notices addressed to it shall thereafter be sent. 14. Miscellaneous. a. Except to the extent that it provides a part of the definition of the term used herein,the captions used in this Agreement are for convenience only and shall not be considered in the construction of interpretation of any provision hereof,nor taken as a correct or complete segregation of the several units of materials and labor. b. Capitalized terms refer to the definition provide with its first usage in the Agreement. c. When the context of this Agreement requires, the neuter gender includes the masculine,the feminine, a partnership or corporation,trust or joint venture,and the singular includes the plural. d. The terms"shall","will","must"and"agree"are mandatory. The term"may"is permissive. e. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. f. When a party is required to do something by this Agreement,it shall do so at its sole cost and expense without right to reimbursement from the other party unless specific provision is made otherwise. g. Where any party is obligated not to perform any act,such party is also obligated to restrain any others within its control from f erormin such act,includingits agents, invitees contractors,subcontractors P g and employees. 1 I i Agreement-MROSD and SHUTE, MIHALY &WEINBERGER LLP Page 4 IN WITNESS WHEREOF,Consultant and District execute this Agreement. MIDPENINSULA REGIONAL OPEN CONSULTANT SPACE DISTRICT SHUTE, MIHALY & WEINBERGER LLP 330 Distel Circle 396 Hayes Street Los Altos, CA 94022-1404 San Francisco,CA 94102 By: By: Stephen E. Abbors Tamara S.Galanter General Manager Partner Date: Date: Attest: Michelle Radcliffe Federal Employer ID Number: District Clerk License Number: Expiration Date: Approved as to form: Sheryl Schaffner General Counsel Attachments: Exhibit A Scope of Services Midpeninsula Regional Open Space District EXHIBIT A SCOPE OF SERVICES AND COMPENSATION Scope of Services and Compensation Commencing on October 23,2012,Consultant shall provide attorney services to temporarily fulfill the duties of Assistant General Counsel. Consultant has designated Tamara Galanter as the firm attorney primarily assigned to this role,with backup from Fran Layton,Gabriel Ross and Sarah Sigman,as needs dictate. Ms.Galanter's and other Partner and Senior Associate services will be provided at the discounted rate of$190 per hour,for up to twenty-five (25)hours per week. Paralegal services will be provided at$100 per hour. Law Clerk services will be provided at$60 per hour.Consultant will not charge for travel time or mileage. Any excess hours will be charged at$250 per hoar for a Partner,$235 per hour for a Junior Partner,$215 per hour for a Senior Associate,$185 per hour for a Junior Assoc iate/Fellow,$170 for a Planner,$145 for an Assoc. Planner,$100 for a Paralegal,and$60 for a law clerk. Consultant shall not exceed 25 hours per week without advance written notice(email to the General Counsel is sufficient)and approval by the District. In no event shall the billable hours exceed the contract amount of$77,880 for the remainder of this fiscal year,unless the contract is amended in writing. All of the above rates and terms apply only to regular Assistant General Counsel duties,and any higher level or special counsel services,including any litigation,would be subject to separate terms and rates,to be negotiated as needed. For most matters,Consultant's team as specified in Consultant's proposal dated October 5,2012, will be used to provide legal services. However,Consultant may use other attorneys in the office if necessary to provide the best legal services to the District. Hourly Rate Arrangement For performance of the Scope of Services by Consultant as herein required,District shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services,at the rates or amounts set forth above. Limitation without Further Authorization on Time and Materials Arrangement. At such time as Consultant shall have incurred time and materials equal to Two Hundred Forty-eight Thousand Seven Hundred Ninety-five and 00/100 Dollars($248,795.00)("Authorization Limit"),Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the District. Nothing herein shall preclude Consultant from providing additional Services at consultant's own cost and expense. Contract Administrators District: Sheryl L. Schaffner,General Counsel A I Consultant: Shute,Mihaly&Weinberger LLP Agreement for Professional or Consulting Services,Exhibit A Page I i Midpeninsu[a Regional • " f Open Space District To: f o.• Board Directors From: Stephen E. Abbors Date: December 12, 2012 Re: Late FYIs I S l IL i Midpeninsula Regional Open Space District AMENDED CLOSING MEMORANDUM 'fo: Stephe If. Abbcx-s, aeral Manager From: Michael C.Williams,Real Property Manager Date: December 3, 2012 Subject: Access Easement to Chen Property through lands of Mooney,Cathedral Oaks Area of Sierra Azul Open Space Preserve A Quitclaim Deed and Easement.Agreement was re-recorded on May 3, 2012. This Easement Agreement provides patrol,maintenance and emergency access to the former Chen property purchased by the District on June 30, 2010 through the lands of Mooncy. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the Public Notification Policy,neighbors to the property were notified of this purchase. As there were no comments rnade by p any of the neighbors or members of the public that might rec wire amendments,close of escrow marks the final ado tion of the Prelinvna Use and Management I a Plan, approved by the Board of Directors at its meeting of June q.2010. The following chart presents dedication and acquisition details for this property: DFDICA11ON&ACQUISITION INFORNtATION Preserve Ownership Status: Board Approval Date& & Cnunty Grantor Acres (Fee,Fee Easement,Lease Resolution Number or # F :area General Manager Mgmt Agreement) Approval Date € A.P N Bryan C.Moone & Sierra Azul ' Santa Clara General Manager Arlene J.Taylor- N/A Easement Cathedral Oaks 558-25-017 { Mooney May.',2012 Dedication Date Re-recording Date V1gmt.Status: & Easement (Open.Closed,CM U, Type G1S Code of Easement Status(intended or Consideration { or Other) Withheld) May 3, 012 Closed �4V(thheld Cash $6,614.06 2185 �isc.!Yates: ��, The Easement Consideration covers the Ylooney's legal drafting;and negntiatian tees. __ cc: l3oard of Directors f Administration Akxounting Operations&Field Offices Attached Quitclaim Deed and Easement.Agreement Planning Attached Quitclaim Deed and Easement Agreement GIS Coordinator Public Affairs Legal ° t: -4,6 � Ale WM- � Ud S 1 � 1 0-w-n Pi o,v-i-ty ARV - :•, C', �.„. u Redwo NrNy City �t 15 San ,Jose Wafter Company I, iris,, Ant OSP v Cathedral Oaks Area 7 San Jose WaferCompan . U F p %, r Attachment A: Proposed Addition of Chen Property, Midpeninsula Regional Cathedral Oaks: Area of Sierra Azul OSP Open Space District � Proposed Addition Other Protected Open Space Nonprofit Land Watershed Land or Park Lands May 2010 MROSD Other Pubtic Agency Conservation or Agricultural - Miles s... Easement V/ 0 012s 0,25 ii.s f Midp eninsula Regional Open Space District i MENDED CLOSING MEMORANDUM � To: Stepherl E. Abbcv,,s G erat ManagerF, From: Michael C. Williams, meal Property Manager Date: December 3.2012 Subject: Access Easernerrt to Chen Property through lands of Mooney,Cathedral Oaks Area of Sierra Azul Open Space Preserve A Quitclaim Deed and Easement Agreement was re-recorded on May 3, 2012. This Easement Agreement provides patrol,maintenance and emergency access to the former Chen property purchased by the District on June 30, 2010 through the lands of Mooney. I any not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the Public Notification Policy, neighbors to the property were notified of this purchase. As there were no comments made by an p of the neighbors or members of the public that night fin-al g re wire amendments,close of escrow marks the adoption of the Preliminary Use and Management Plan, approved by the Board of Directors at its rnecting of lucre 9, 2010. The following chart presents dedication and acquisition details for this property: DEDICATION&AC{UIS1 VION [NFORMATION Preserve Ownership Status:. Board approval Date& & County Grantor Acres A (Fee,Easement,Lease, Resolution Number or Area & Mgmt agreement) General Manager A.P�N Approval Date _ I . Bryan C:.Moonev.9, Sierra Am] Santa Clara General Manager Cathedral Oaks Sa8-25-Q17 Arlene J.Tavlor- N/A Easement May 2,2012 Mooney � � .,. tMgmt.Status; Dedication Date Re-recording Date & Easement i (Open,Closed,CMC, q Type G1S Code of Easement or Other) I Status(Intended or Consideration Withheld) May 3,201.2 $6,614.06 218 Misc.'Notes The Easement Consideration covers the Mooney's legal drafting and negotiation i � i cc: Board of Directors Administration Accounting Operations&Field offices Attached Quitclaim Deed and Easement Agreement Planning ;Attached Quitclaim Deed and Casement Agreement GIS Coordinator €lub]ic Affairs Legal E a a e a low Ll Road �K x road f Chen Property -ewart 0t. 121.57 Acres 23 !V; a r Firs:€ t F F �aehC:, �• San 1 d + Water "a! L,;i 3..3 "`'` ' ,gym t Cathedra( Oaks Area' .. .m r Jose Water Comany p � rv $rp\fie`\fie �.....,,3 Attachment A: proposed Addition of Chen Property, � Midpeninsuta €fie ionat Cathedra( Oaks Area of Sierra Azul O p Open Space District Proposed Addition watershed land Other Protracted open Space Nonprofit Land hAaOiO or Park Lands y MROSE Other Public Agency Conservation or ArlcutturaE Easement n n<ra5 0 a-: v Midpeninsula Regional Open Space District CLOSING MEMORANDUM To: Stephen E. Abbor ,Cleneral Manager From: Michael C . Williatrts. Real pro Manager Date: December 3,2012 Subject: Peninsula Clpen. Space Trust("l'oto Ranch) Property:addition,Tunitas Creek.Open Space Preserve Escrow closed for the subject transaction on November 30, 2012,and title to and possession of this 952.49- acre parcel passed to the District. I am not aware of any use and managernent concerns that were not addressed in the staff report to the Board. In accordance with the Public Notification Policy,neighbors to the property were notified of this purchase. As there were no comments anade by any of the neighbors or members of the public that aright require amendments, close of escrow marks the final adoption of the Preliminary Use and Management Plata, approved by the Board of Directors at its meeting of November l4, 2012. The following chart presents dedication and acquisition details for this property: _ DELDIC VT1f3N C,3CQUISITION INFORMATION Preserve ._ ownership Status: Board Approval Date& & County' Grantor Acres (Fee,E asement,Lease, 1 Resolution Number or Area & Mgmt Agreement)Area Nlanager A.P.N. Approval Date.... San Mateo 082-060-010 Peninsula Open oveanlrer 14 2012 Tunitas Creek 081-060-I00 Space Tro 1 952.49 tree 1243 Coastal 0€31.060-110 } 081-060-120 Nigant.Status: Dedication©ate ClosingDate. (Open, & Funding Value GIs Code ( � p Closed CNIU Status(intended or Type or Other) I Withheld) Cash $3,500,000.00 �----� 1'ovenaber 30 '012 Closed Withheld ! Gift $3 64_ 4_ 0- .00 $7,144,000 2030 Total { $7,144,000.00 Ntisc.Notes: L As part of this transaction, S275.000 was depo,,ited into escrow for structure:and infrastructure repairs are j completed. 110S l'tis ill be reimbursed for their actual out of pocket costs for these repairs not Vic}exceed s `!;275,000. 2. Grazing Lease As part of'this transaction POST assigned to the District a-razing lease for the grass fed cattle, sheep and pastured,pigs operation on the property as Dart of this transaction. a. Rental Agreement the District entered into a standard month to month rental agreement with the Markegards for the Ranch.House. 4. Service Fees There are no service:fees because the property is not located in the La I-fonla-Ilesc<adero School 3 District and service fees for San Mateo County Fire are not required when the:District leases the property for a private agricultural and residential use,which to subject to a possessot-� interest tax, cc:Accounting Board of Directors Field Offices(SFO,FFO&SAO)(Grazing Lease) Legal Administrative Assistant Management Analyst Operations Manager Planning Manager Natural Resources(Grazing Leasc) Public Affairs Administrative Assistant Public Affairs Manager Real Property Administrative Assistant Resource Management Specialist I(Grazing Lease) Senior Real Property Planner $ ♦ 4 „" ty MateoOsar .,. t C. r _f 92 0 e4rroa�`City FlaIt Moon y t. . .t Pal Alto i'viz \1 Ae a of eta1� 1 ,y 35 s' ��d 1 e y to N. F S 1 Reigate Rar)(:it C(, 4 Vf 1 84 3 m San Girt rio 4G"Vg . � � POST (Toto Ranch) and Surrounding Area Midpeninsula Regional Open Space District a> POST (Toto Rancho Land Trust (MROSD) MROSD Preserves Private Property Other Protected Open Space Non MROSD Conservation September; 2012 or Park Lands or Agricultural Easement Miie T_T u t i While the District str ves to use the bestayailahle digital dota,this data dG,%not repiesent a loVdI survey and is me+e y a pap is 111kistration of eatures. RESOLUTION NO. 2012—07 RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION OF SANTA CLARA COUNTY RESOLUTION OF INTENTION TO SEAT INDEPENDENT SPECIAL DISTRICTS TO THE COMMISSION RESOLVED by the Local Agency Formation Commission of Santa Clara County, State of California that WHEREAS, on November 29, 2012, the Commission received nine resolutions from independent special districts in Santa Clara County requesting representation on LAFCO; and WHEREAS, the districts that have adopted and forwarded their resolutions to the Executive Officer include: Santa Clara County Open Space Authority (August 23, 2012), Guadalupe Coyote Resource Conservation District (August 29, 2012), Rancho Rinconada Recreation and Park District (September 4, 2012), Midpeninsula Regional Open Space District (September, 12, 2012), El Camino Hospital District (September 18, 2012), San Martin County Water District (September 18, 2012), Loma Prieta Resource Conservation District (September 19, 2012), Santa Clara Valley Water District (October 23, 2012), and Saratoga Fire Protection District(October 15, 2012); and WHEREAS, the Executive Officer has received resolutions from a majority of independent special districts within the County that have been adopted by the districts within one year from the date that the first resolution was adopted; and WHEREAS, at the next regular scheduled meeting after receipt of these resolutions, the Commission is considering the adoption of this Resolution of Intention. NOW THEREFORE,the Local Agency Formation Commission of Santa Clara County does hereby resolve, determine, and order as follows: SECTION 1: The proceedings have been initiated by the independent special districts, which are set forth above. SECTION 2: The Commission directs the Executive Officer to call and give notice of a meeting of the independent special district selection committee to be held within 15 days after the adoption of this resolution or soon thereafter in order to select independent special district representation on the Commission pursuant to Government Code section 56332. PASSED AND ADOPTED by the Local Agency Formation Commission of Santa Clara County, State of California on December 12, 2012 by the following vote: RESOLUTION NO. 2012—01 AYES: NOES: ABSENT: ABSTAIN: Pete Constant, Chairperson LAFCO of Santa Clara County ATTEST: APPROVED AS TO FORM: Emmanuel Abello, LAFCO Clerk Malathy Subramanian, LAFCO Counsel i