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Document Date: 8/30/2010
Document Type: Resolution
Preserve Name:
Keywords (No More Than
4): MND Umunhum Structure Abatement
Project Name:
Project Number:
Vendor Or Other Party:
Name (First):
Name (Last):
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APN Number:
Document No. 10-27
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RESOLUTION NO. 10-27
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT ADOPTING A MITIGATED NEGATIVE DECLARATION
INCLUDING A MITIGATION MONITORING PROGRAM IN CONNECTION WITH THE
STRUCTURE ABATEMENT PROJECT("PROJECT")AT THE FORMER ALMADEN
AIRFORCE STATION AT SIERA AZUL OPEN SPACE PRESERVE AND AUTHORIZING
THE GENERAL MANAGER TO EXECUTE A RIGHT OF ENTRY WITH THE US ARMY
CORPS OF ENGINEERS AND TO TAKE SUCH OTHER ACTIONS AS ARE NECESSARY
TO ENABLE THE PROJECT TO BE UNDERTAKEN AND COMPLETED.
I. The Board of Directors of the Midpeninsula Regional Open Space District("District")is
considering authorization of a Right of Entry to the US Army Corps of Engineers and its
contractors, consultants,agents and employees to enter the District's Sierra Azul Open Space
Preserve, Santa Clara County,California to undertake and perform the Almaden Air Force
Station Structure Abatement Project ("Project")and various related actions.
II. An Initial Study(IS), attached to the Report, was prepared for the Project pursuant to the
requirements of the California Environmental Quality Act (CEQA, Public Resources Code
sections 21000 et seq.)and the CEQA Guidelines(14 Cal. Code. Regulations sections 15000 et
seq.).
III. The IS identified potentially significant adverse effects on the environment from the proposed
Project but found that mitigation measures proposed for the Project and made a part of the Project
would avoid the effects or mitigate the effects to a point where clearly no significant effects
would occur.
IV. The IS and a notice of intent to adopt a Mitigated Negative Declaration(MND)were circulated
for public review from July 27, 2010,to August 20, 2010. The Mitigation Monitoring Program
was included in the Report distributed to the Board and public on August 25,2010.
V. On August 30, 2010,the Board of Directors conducted a duly noticed public hearing on the
adequacy of the MND(including the IS) at which oral and written comments and a staff
recommendation for approval of the MND were presented to the Board of Directors. The Board
of Directors reviewed and considered the information in the IS and MND, administrative record,
and Staff Reports for completeness and compliance with CEQA and the CEQA Guidelines.
NOW,THEREFORE, BE IT RESOLVED by the Board of Directors that,based upon the Initial Study,
Mitigated Negative Declaration,Mitigation Monitoring Program, all comments received, and all
substantial evidence in light of the whole record presented,the Board of Directors finds that:
1. Notice of the availability of the Initial Study and proposed Mitigated Negative Declaration and all
hearings on the MND was given as required by law and the actions were conducted pursuant to
California Environmental Quality Act (CEQA)and the CEQA Guidelines.
2. All interested parties desiring to comment on the proposed MND were given the opportunity to
submit oral and written comments on the adequacy of the MND prior to this action by the Board of
Directors and any comments raised during the public comment period and at the public hearings on
the MND were responded to adequately.
3. Prior to approving the Project that is the subject of the proposed MND,the Board considered the
MND along with any comments received during the public review process.
4. The Board finds that, on the basis of the whole of the record before it, including the MND, Initial
Study, and any comments received,that there is no substantial evidence that the Project will have a
significant effect on the environment.
5. The Board adopts the proposed MND and determines that it reflects the District's independent
judgment and analysis.
6. The Board adopts the Mitigation Monitoring Program attached to this Report and requires it to be
implemented as part of the Project.
7. The location and custodian of the documents or other material which constitute the record of
proceedings upon which this decision is based are located at the offices of the Midpeninsula Regional
Open Space District, 330 Distel Circle, Los Altos,California 94022.
8. The Board authorizes the General Manager to execute a Right of Entry with the US Army Corps of
Engineers and its contractors, consultants, agents and employees to enter the District's Sierra AzuI
Open Space Preserve, Santa Clara County, California to undertake and perform the Almaden Air
Force Station Structure Abatement Project("Project")and to authorize such other related actions and
execute such documents as are necessary for the Project to be undertaken and completed. The
General Manager and General Counsel are further authorized to approve and execute such documents
which are necessary or appropriate to enable the Project to be undertaken consistent with the
Mitigated Negative Declaration.
RESOLUTION NO. 10-27
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space
District on August 30, 2010, at a Regular Meeting thereof, by the following vote:
AYES: CYR,HARRIS,HASSETT,RIFFLE,SIEMENS,AND DAVEY
NOES: NONE
ABSTAIN: NONE
ABSENT: HANKO
ATTEST: APPROVED:
9d `may
e Ly President
Board of Directors Board of Directors
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that
I
the above is a true and correct copy of a resolution duly adopted by the Board of Directors of
the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
District Clerk
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