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HomeMy Public PortalAbout20061213 - Minutes - Board of Directors (BOD) Meeting 06-29 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS December 13, 2006 MINUTES REGULAR MEETING I. ROLL CALL President Jed Cyr called the Regular Meeting to order at 7:30 p.m. Members Present: Jed Cyr, Mary Davey, Nonette Hanko, Larry Hassett, Ken Nitz, Curt Riffle, and Pete Siemens Members Absent: None Staff Present: C. Britton, S. Rice, C. Butler, M. Freeman, M. Jesperson, R. Jurgensen, J. Maciel, D. Simmons, and M. Williams 11. ORAL COMMUNICATIONS A. John Lloyd, President of the Midpeninsula Rangers Peace Officers Association, said from the October 25, 2006 Board Meeting, they discussed the General Manager's recommendations (Report R-06-125) regarding the presentation presented back in May. He said that the draft response would be discussed with management, as requested by the Board of Directors. He requested that the item be agendized in January 2007. President Cyr asked for clarification of the sections. Mr. Lloyd said he requested time to respond to sections 2, 3, 4, and 5 of the policy issues. B. Derry Kabcenell said he and his wife Charlene own an inpholding in the Windy Hill Open Space Preserve. Mr. Kabcenell*reported that they moved into the preserve about two months ago. He thanked the Board of Directors and staff for the great work, professionalism, and for appropriately protecting the interests of the District. He also recognized members of the staff including Mike Williams, former employee Mary DeBeauvieres, Ana Ruiz, Dave Sanguinetti, Cindy Roessler, and field staff. 111. ADOPTION OF AGENDA Motion: M. Davey moved that the Board adopt the Agenda. P. Siemens seconded the motion. The motion passed 7 to 0. Meeting 06-29 Page I IV. ADOPTION OF CONSENT CALENDAR K. Nitz questioned the following Revised Claims: 5957 and 5982, which were explained by staff. Discussion: N. Hanko said she would abstain from Revised Claims 5934, 5935, 6054, and 6048. Motion: M. Davey moved and the motion was seconded that the Board adopt the Consent Calendar, including Agenda Item 8 Adopting Resolution No. 06-64 Authorizing Execution and Delivery of Amendment No. I to Unsecured Promissory Note Relating to Sierra Azul Open Space Preserve —Former Lands of McKannay, and Authorizing all Other Actions Necessary or Appropriate in Connection Therewith; Agenda Item 9 Adopting Resolution No. 06-65 Amending the Position Compensation and Classification Plan to Reflect Position Changes in the Real Property Department; Agenda Item 10 Authorization to Amend Contract with Environmental Science Associates to Complete an Environmental Review for Possible Exchange of Property Interests with Ridge Vineyards, Adjacent to Monte Bello Open Space Preserve; Authorizing the General Manager to Amend the Existing Contract with Environmental Science Associates in the amount of$16,580, for a Total Authorization Amount not to Exceed $41,495 to Complete an Environmental Review for a Possible Exchange of Property Interests with Ridge Vineyards, Adjacent to Monte Bello Open Space Preserve; Written Communications; and Revised Claims 06-21. Vote: The motion passed 7 to 0. V. SPECIAL ORDER OF THE DAY Adopting Resolution Honoring Del (Evan) Woods Upon the Occasion of his Retirement from the District President Cyr read the entire resolution honoring Del (Evan) Woods' retirement from the District. Motion: N. Hanko moved that the Board adopt Resolution No. 06-55 Honoring Del (Evan) Woods Upon the Occasion of his Retirement from the District. P. Siemens seconded the motion. The motion passed 7 to 0. Adopting Resolution No. 06-56 Commending Ms. Mary Gilman for 24 Years of Service at Deer Hollow Farm Meeting 06-29 Page 2 District Clerk Rice said Ms. Mary Gilman was unable to attend tonight's Board meeting. She said if the Board of Directors approved the resolution a representative would forward it to the City of Mountain View for Ms. Gilman's special party on December 19, 2006. Motion:• N. Hanko moved that the Board adopt Resolution No. 06-56 Commending Ms. Mary Gilman for 24 Years of Service at Deer Hollow Farm. K. Nitz seconded the motion. The motion passed 7 to 0. VI. BOARD BUSINESS A. Agenda Item No. 1 —Appointment of Unopposed Candidates in Wards 1, 2, 5, and 6• Adopt Resolutions Appointing Unopposed Candidates Peter W. Siemens, Ward 1•, Mary C.Davey, Ward 2; Nonette G. Hanko, Ward 5; and Larry R. Hassett, Ward 6• Administer the Oath of Office to Appointed Directors - (Report R-06-155) District Clerk Rice asked the Board of Directors to consider the resolution adopting the appointment of unopposed candidates before the District Clerk could administer the Oath of Office. C. Britton said the new term would start in January 2007. Motion: M. Davey moved that the Board adopt Resolution No. 06-57 Appointing Director Peter W. Siemens, Ward I of the Board of Directors of the Midpeninsula Regional Open Space District. The term will expire in November 2010. K. Nitz seconded the motion. Vote: The motion passed 7 to 0. Motion: C. Riffle moved that the Board adopt Resolution No. 06-58 Appointing Director Mary C. Davey, Ward 2 of the Board of Directors of the Midpeninsula Regional Open Space District. The term will expire in November 2010. K. Nitz seconded the motion. Vote: The motion passed 7 to 0. Motion: K. Nitz moved that the Board adopt Resolution No. 06-59 Appointing Director Nonette G. Hanko, Ward 5 of the Board of Directors of the Midpeninsula Regional Open Space District. The term will expire in November 2010. L. Hassett seconded the motion. Vote: The motion passed 7 to 0. Meeting 06-29 Page 3 Motion: P. Siemens moved that the Board adopt Resolution No. 06-60 Appointing Director Larry R. Hassett, Ward 6 of the Board of Directors of the Midpeninsula Regional Open Space District. The term will expire in November 2010. N. Hanko seconded the motion. Vote: The motion passed 7 to 0. I District Clerk Rice administered the Oath of Office to the unopposed candidates. B. Agenda Item No. 2 —Legislative Briefing by Ralph Heim; No action is necessary- (Report R-06-154) C. Britton introduced Ralph Heim of Public Policy Advocates, the District's legislative consultant in Sacramento, California. Mr. Britton said Mr. Heim had been the legislative advocate for the District since 1988. Mr. Britton said Mr. Heim reports back to the Board of Directors every two years after the general election on how the outcome will affect Sacramento and ultimately the District. i Legislative Consultant Ralph Heim gave an overview of the new legislative session, which started on December 4th. He said thirty-six new legislators were sworn in; however, the actual official count was thirty-five because Assemblymember Chuck Calderon had served in the assembly before and has gave a report on official. record was thirty-six. He � now returned. The legislativeg p three legislators for the District: 1 Y P Sall Lieber served as the Assistant Speaker Pro Tern for the last year of running the house and presides over the assembly Y g i during sessions, 2) Joe Simitian would remain as the Chair of the Senate Environmental Quality Committee, 3) Ira Ruskin chaired the counterpart committee of the assembly Environmental Safety and Toxic Material Committee. He also gave the following updates: The Chair of the Assembly Budget Sub- Committee appointed Assemblyman Ruskin as number three on resources. Proposition 1 C (housing bond) had $400 million for local and state parks. p ( g Senator Chesborough carried a park bond bill about two years ago to eliminate competing measures interfering with the infrastructure bonds. Proposition 84 was written carefully to not have all the specificity and would be worked out by the j legislature. Bills were introduced for bond measures. Mr. Heim said that he sent thirty-five bills to C. Britton affecting the District. He said Proposition 1 A was h important, which allowed the Governor, with a declaration of economic emergency, to borrow from local governments. L. Hassett asked if the initiative process generated a tremendous number of"bad bills" and if there was any relief for eminent domain. Mr. Heim said that he did not see any substantive changes. He said that it was two hundred dollars to file an initiative. He said the Howard Jarvis group filed a new initiative, which is similar to Proposition 90. Meeting 06-29 Page 4 C. Riffle asked what was next for Proposition 84. Mr. Heim said the legislation for Proposition 84 would be introduced in January. He said it would determine how money would be spent for Proposition 84. He said the intent with all the bonds were to draft the bills and that it keeps pace with the voters. M. Davey asked with the change of the congressional makeup in Washington would it help the District clean up Mount Umunhum in California. Mr. Heim said yes. C. Agenda Item 3—Proposed Purchase of Peninsula Open Space Trust (Stevens Canyon Ranch) Property as an Addition to Saratoga Gap Open Space Preserve (Santa Clara County Assessor's Parcel Numbers 503-04-001, 503-05-016, -039, and 503-06-024)• Determine that the Recommended Actions as set out in the Report are Categorically Exempt from the California Environmental Quality Act, Adopt Resolution Authorizing Purchase of Post (Stevens Canyon Ranch Property• Adopt the Preliminary Use and Management Plan Recommendations and Name the Property as an Addition to Saratoga Gan Open Space Preserve; Indicate Intention to Dedicate the Property as Public Open Space—(Report R-06- 147) Senior Real Property Planner Del Woods gave a presentation of Stevens Canyon Ranch. He said POST initially acquired the site in December 2004 and a few months later the District entered into a lease and management agreement. He said in July 2006 staff submitted a grant application for the California Coastal Conservancy (CCC) and $500,000.00 was awarded towards the project. He said on December 12, 2006, POST successfully received a$1.6 million payment for a reparian easement from the Santa Clara Valley Water District. He said there would be a potential trail connection to the Ranch property to Saratoga Gap. The District and the County have worked together over the years to determine a feasible alignment to connect the Stevens Creek County Park with Monte Bello Open Space Preserve. He said the planning process involved public input regarding existing and future land uses in the canyon area. The community meeting will be scheduled in February or March 2007. He said the District would issue neighbor permits on limited usage in the picnic area and would be extending the hiking trails to those who had access to the property in the past. He said the District would work with the previous property owners to obtain the names of historic . C. Riffle asked how many people had hiking permits. Real Property Manager Mike Williams said very few former caretaker family members had hiking permits. Audrey Rust of POST said approximately 100 donors and volunteers have access to the property to work on the orchards and for going on hikes throughout the year. Meeting 06-29 Page 5 C. Riffle asked if the picnic area was a heavily used area prior to completion of the planning process. D. Woods said no. He said the former owner Bees Jones, asked to use the picnic area a couple times since the District entered into the management agreement. C. Britton said the intent would be not to have broader use until a master plan was developed. M. Williams said the District and POST formed a partnership. He said POST acquired the property for $6.6 million and matched a private offer received by the Jones and Becker families. He said the rent from the residents and the responsibility for maintaining the residence were part of the District management agreement. He said Santa Clara Valley Water District offered POST $1.6 million to protect the scenic watershed on the property. He said the District worked together with POST and Santa Clara Valley Water District to put together a conservation easement to protect the natural watershed and allowed open space any compatible trail use. He said the District would purchase the property for $5 million from POST and take the property subject to a riparian conservation easement with Santa Clara Valley Water District. He said the District was allotted $1,240,318 from the Roberti-Z'Berg Harris Block Grant Program (Proposition 40). He said the District would put together an orchard management plan with POST on the property to maintain the trees. J. Cyr asked if the comment on page seven of the agreement regarding signage was to acknowledge the riparian area with Santa Clara Water District. M. Williams said signage would occur when the District completed a plan for the property and the District had a staging area or trailhead. J. Cyr said part of the signage would be recognition of the contribution. M. Williams said the comment would also apply to POST for signing requirements. He said under Proposition 40 there was a requirement to post a sign acknowledging the funding from State Proposition 40 and the District needed to pick an appropriate location on the property for the signage. J. Cyr asked if memorializing the grant agreement property was in the deed. M. Williams said when the District acquires the property it would be subject to the recorded easement. He said it did not limit public use and open space purposes of the property. He said the Coastal Conservancy also had an irrevocable offer to dedicate recorded, which memorializes the various grant conditions. C. Britton said the state grant had a grant agreement that was not recorded, but they perform compliance checks for properties that were converted to other uses. P. Siemens asked if the parking supported the picnic area. D. Woods said that the parking area where the old barn used to be. C. Britton said POST paid $6.6 million for the property about two years ago. He said that POST would care for the orchard and use the orchard area for fundraiser. Meeting 06-29 Page 6 Motion: M. Davey moved that the Board Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act as set out in the Report; Adopt Resolution No. 06-61 Authorizing Purchase of the Peninsula Open Space Trust(Stevens Canyon Ranch) Property; Adopt the Preliminary Use and Management Plan Recommendations Contained in the Report and Name the Property as an Addition to Saratoga Gap Open Space Preserve; Indicate Intention to Dedicate the Property as Public Open Space. L. Hassett seconded the motion. Vote: The motion passed 7 to 0. D. Agenda Item 4—Authorizing General Manager to Waive Certain Closing Conditions to Purchase Agreement-Bargain Sale for the Purchase of POST (Driscoll Ranch) Property, (San Mateo County Assessor's Parcel Numbers 078- 270-010 -020 -030. 078-290-010 -020 -30 -060; 082-140-020; 082-170-010, - 040)• Located in Unincorporated San Mateo County Adjacent to Highway 84, as an Addition to La Honda Creek Open Space Preserve; Authorizing General Manager to Execute a Contract with Integro Insurance Brokers for Pollution Liability Coverage for the Driscoll Property for a Contract Amount of$204,180 plus $6 482 72 for Required State Taxes and Fees for a Total Amount of $210 662 72• Authorizing General Manager to Waive the Residential Lease Agreement with Driscoll Ranches LLC and Related Documents as a Closing Condition of the Purchase Agreement—(Report R-06-152) M. Williams said the only change on the staff report item is the insurance company, which is Integro Insurance Brokers instead of ACE USA. He said in January 2006 the Board approved the purchase of the 3,681-acres POST (Driscoll Ranch) property as an addition to La Honda Creek Open Space Preserve. This property represented the largest gift in any property purchased by the District. The Board approved the $5 million deposit toward the purchase price on August 9, 2006 and the District continues to negotiate with the long-term tenant (see Report R-06-100). POST was expecting that escrow close at the end of the year. He said staff would report back to the Board early next year regarding two springwater easements serving the Driscoll event center and rodeo and the other easement would be a system serving the private residents of Driscoll Ranches. He said a District employee would be a resident in this location. He said the conditions for the purchase agreement were to finalize two springwater easement agreements, entering into a residential rental agreement, and an amendment to the 50-year grazing lease. He said the other conditions of the sale, which were access easement and assignment of the lease to the District, would be part of the closing of the purchase. Motion: M. Davey moved that the Board Authorize the General Manager to Waive Certain Closing Conditions to the Purchase Agreement- Bargain Sale with the Peninsula Open Space Trust(Driscoll Ranch) Property; Waive the Residential Lease Agreement with Meeting 06-29 Page 7 Driscoll Ranches, LLC and Related Documents as a Closing Condition of the Purchase Agreement; Waive the Springwater Easement Agreement with Driscoll Ranches, LLC as a Closing Condition of the Purchase Agreement; Execute a Contract with Integro Insurance Brokers for Pollution Liability Coverage for the Driscoll Property for a Contract Amount of$204,180 plus $6,482.72 for Required State Taxes and Fees, for a Total Amount of$210,662.72. L. Hassett seconded the motion. Discussion: L. Hassett said that he was concerned with rental negotiations due to "household sprawl", which was junk on the lands. He recommended assigned lotlines to prevent trailers and junk on the District's lands. M. Williams said that exhibits had been given to Driscoll Ranches (DR) that outline the residents' boarder area and the requirements for removing existing trailers on the property were DR responsibility. C. Britton said since the District entered into a contract to purchase the property that a management agreement was not included. He said when closing escrow to finalize the agreements, the District would permanently assign staff to the property, and build a relationship with the ranch manager regarding the upkeep of the property. C. Riffle asked about the cost of the pollution liability insurance. M. Williams said the cost of the pollution liability insurance coverage was $204,000. He said the ten-year policy of$10 million coverage with a$50,000 deductible was for any unknown toxic contamination that the District would discover or uncover in any future assessment of the property. He also said the coverage excluded the existing oil wells or pesticides that may have been in some of the old corrals. L. Hassett asked if the premium of$204,180 is a one-time cost. C. Britton said yes. K. Nitz asked for clarification for closing escrow in November 1, 2006. M. Williams said another extension for closing escrow would be the end of December 2006. K. Nitz asked if the extension would allow the District to pay the remaining$4 million towards the purchase price for the POST (Driscoll Ranch) property. M. Williams said yes. C. Britton said the $4 million was part of the existing purchase agreement and that the Board previously approved $5 million toward the full purchase Meeting 06-29 Page 8 price of$9 million for the POST (Driscoll Ranch) property to close escrow (see Report R-06-1 00). Vote: The motion passed 7 to 0. E. Agenda Item 5—Dedication Status of District Lands; Adopting Resolution Dedicating Interests in Certain District Lands for Public Open Space Purposes— (Report R-06-141) D. Woods gave a presentation of the annual dedication status summary report and the recommendations for land dedication. He said the District holds an interest in 51,131 acres of land; 46,365 acres in fee, and 4,766 acres in lesser interests. L. Hassett asked if the Stevens Canyon Ranch and Driscoll Ranch properties approved at tonight's meeting would qualify for land dedication for 2007. D. Woods said yes, but not until next year. He said the District must close escrow and own the properties prior to dedicating the land. He said 70%of the land could be dedicated and 30% of the land was undedicated and a vast amount was in Sierra Azul Open Space Preserve. He recommended dedicating approximately 1,297 additional acres as recommended in the report (R-06-141). He said the Smith property on the ridge was undedicated because it had a house on the ridge top. He recommended that the District dedicate the land. Motion: N. Hanko moved that the Board Adopt Resolution No. 06-62 Dedicating Interests in Certain District Lands for Public Open Space Purposes. K. Nitz seconded the motion. Discussion: N. Hanko said the dedicated land would remain as open space. She said dedicating land was the best method for preserving open space. C. Riffle asked what would happen to the house on the ridge top. D. Woods said the house was part of the property management program and would remain on the ridge top, unless and until the District decided to demolish the house. C. Britton said in the past from a policy standpoint the Board opted not to retain housing structures unless there was a future open space or recreational use or for District management of the property. The District also looked to recapture the value of the structure. He said the District exhausted the possibility of a tenant signing a 25-year lease. He said the expenses of the driveway concluded that the District should consider dedicating the land with the possibility of removing the house. Meeting 06-29 Page 9 J. Cyr asked why El Corte de Madera had 3.80 acres of undedicated land. D. Woods said the 3.80 acres of El Corte de Madera was located on the north side of Starhill Road. He said there might be a potential trade for better access in the future. Vote: The motion passed 7 to 0. F. Agenda Item 6—Approve "Mid-Year" Amendments to the 2006-2007 Fiscal Year Budget; Accept the District Controller's Mid-Year Financial Report• , Adopt Resolution Implementing an Amendment to the 2006-2007 Fiscal Year Budget in Accordance with the Administration and Budizet Committee Recommendation— (Report R-06-148) Michelle Jesperson highlighted the changes to the mid-year budget. She said the Administration and Budget Committee met on November 28, 2006 to discuss the changes that staff was proposing. She said the changes would not result in the net change in the overall budget of$51,330,320. Motion: K. Nitz moved that the Board Adopt Resolution No. 06-63 Adopting Amendments to the Budget for Fiscal Year 2006-2007. M. Davey seconded the motion. Discussion: C. Riffle asked if the changes were typical adjustments for the year. M. Jesperson said the changes were not extraordinary. She said the cost of the pollution liability insurance was part of the mid-year adjustments because it was critical for the POST (Driscoll Ranch)property. She said every fall staff reports back to the Board regarding any changes to the budget based on progress and anticipated needs. C. Britton said staff would ordinarily know by April I"regarding the salaries and benefits. However, this year there were protracted negotiations because the District entered into a new 5-year Memorandum of Agreement (MOA), which was a complicated process and not implemented until August 9, 2006. He said there was no budgeted money to implement the MOA. He said the Board approved the allocation required for the MOA from the New Land Commitments. C. Britton asked if the Controller's mid-year financial report was part of a previous FYI. S. Rice said the Controller's mid-year financial report was forwarded to the Administration and Budget Committee and should have been part of the board report (Report R-06-148). Meeting 06-29 Page 10 C. Britton asked that the item be tabled until the Board received the Controller's mid-year financial report. He requested that M. Jesperson provide the Controller's report to the Board for tonight's meeting. Motion: K. Nitz moved that the Board table the item until the Controller's mid-year financial report was distributed at tonight's meeting. L. Hassett seconded the motion. Vote: The motion passed 7 to 0. G. Agenda Item 7—Annual Report to Shareholders of Guadalupe Land Co. as Owners of Property Adjacent to the Mt. Umunhum Area of Sierra Azul Open Space Preserve (Santa Clara County Assessor's Parcel Numbers 575-11-004, 575- 12-001 and 575-12-013); Accept the Annual Report and the Chief Financial Officer's Report to Shareholders of Guadalupe Land Co.—(Report R-06-146) M. Williams reported that on December 15, 2004, the Board approved the purchase of the Guadalupe Land Co. (GLC). He said the sole asset a 286.61acre property, was an addition to Sierra Azul Open Space Preserve (see Report R-04- 134). He said the District anticipated significant expenses ($65,000) to maintain the corporation. The District obtained insurance through CalJPlA at a$20,000 savings and Santa Clara County cancelled the property taxes on the property effective January 5, 2005. The District's Controller prepared the corporate tax returns and other filings and reduced the annual expenses for 2006 by $1,500. He said that budgeted funds should be sufficient to run the corporation for another three to four years due to the past savings. During this time frame,the District would be closer to ending the corporate ownership. K. Nitz asked if the District would get any interest in the bank balance. M. Williams said it was a separate bank account for the operation of the Corporation and that he would find out if the District received any interest. Motion: N. Hanko moved that the Board Accept the Annual Report and the Chief Financial Officer's Report to Shareholders of Guadalupe Land Co. P. Siemens seconded the motion. Vote: The motion passed 7 to 0. At this part of the meeting, the Board received the Controller's Mid-Year Financial Report for Agenda Item 6—(Report R-06-148). Motion: M. Davey moved that the Board bring the Controller's mid-year financial report for approval. K.Nitz seconded the motion. Meeting 06-29 Page 11 Discussion: C. Britton said the Controller looked at the District's mid-year balances of income and expenses for the last five years, which was about 45% of expenditures. Vote: The motion passed 7 to 0 to approve the Controller's mid-year financial report. VII. INFORMATIONAL /COMPENSABLE MEETING REPORTS N. Hanko said her compensable meetings included the December 13'h Board meeting, December 7h Real Property Standing Committee meeting, December 12th Manager Evaluation Committee meeting, and the December 4th Good Neighbor Policy Committee meeting. She reported on the Real Property Standing Committee meeting. She said that two representatives of San Mateo Abatement District and one public member attended the meeting. She said the public member was a visionary in his outlook on the acquisition for the property. She said the Board would discuss the property at a board meeting held in early 2007. K. Nitz said his compensable meetings included the December 13 th Board meeting, December 4th Good Neighbor Policy Committee meeting, December 12 Administration and Budget Committee (ABC)meeting, and the December 5h Sierra Azul Ad Hoc meeting. He reported on the Sierra Azul Ad Hoc meeting. He said 150 people were present at the meeting to share ideas. He said the Budget meeting committee discussed what was involved with the resource management and coast side budget. M. Davey said her compensable meetings included the December 13 1h Board Meeting, December 7 th Real Property Standing Committee meeting, and the December 12'h Administration and Budget Committee meeting. She said the preparation by staff for these meetings were excellent. P. Siemens said his compensable meetings included the December 13th Board meeting, December 5 th Sierra Azul Ad Hoc meeting, December 8th Use and Management Standing Committee meeting, December 12th Administration and Budget Committee meeting, and the December 12th Ad Hoc Board Appointee Evaluation. P. Siemens said that he attended a non-compensable quarterly Special District meeting with C. Britton on December 12th. He said Ken Yeager, new Board of Supervisors Member of Santa Clara County, took over Jim Beall district. He said the representative of the League of California Cities discussed a potential circulating petition regarding eminent domain for private property purchases. L. Hassett said his compensable meetings included the December 13 th Board meeting and the December 8 1h Use and Management Standing Committee meeting. He said staff did an excellent job presenting the property to approximately 25 public members. Meeting 06-29 Page 12 C. Riffle said his compensable meetings included the December 13 1h Board meeting, December 7h Real Property Standing Committee meeting, and the December 8 th Use and Management Standing Committee meeting. J. Cyr said his compensable meetings included the December 13th Board meeting, December 4th Good Neighbor Policy Committee meeting, December 5th Sierra Azul Ad Hoc meeting, and December 12 th Ad Hoc Evaluation meeting. L. Hassett announced that he would be hosting the South Skyline holiday party on December 17th at 5:30 p.m. and that it would be potluck spaghetti feed. J. Cyr commented on the Sierra Azul Ad Hoc meeting. He said it was well organized and the presentation was excellent. C. Britton said in the FYI's there was a letter to the San Jose Water Company on the logging plan. He said the District's employee Matt Baldzikowski wrote the letter. C. Britton said that he received positive comments on the letter. He said the California Joint Powers Insurance Authority had an opening on their board and was asking for nominations. Mary Gilman's retirement party was on December I 9th and he forwarded the additional information to the Board. D. Woods' retirement party was scheduled on December 14th at the District. C. Britton said that he sits on the Peninsula Working Group that meets every three months for lands north of Highway 92 on the coast. He said that the group agreed to work with the legislators and ensure that the right-of-way for the bypass Devil's slide, would be handled by the State Parks Department and the County of San Mateo. He said that he was on the board of the Green Vision Program to review the maps of protected lands in the Bay Area. The next meeting would be held on January 24, 2007 from 10:00 a.m. to 2:00 p.m. The meeting location had yet to be determined. C. Britton said that he was also on the Bay Area Open Space Council Governance Committee. The committee was reviewing formal governance for the Open Space Council. The District's Special Meeting of January 31, 2007 had been rescheduled to February 7, 2007 at 7:00 p.m. for consideration of the POST lower Tunitas Creek property, Good Neighbor Policy, and the grazing policy. D. Simmons said that he, D. Woods, and M. Reeves met with NASA to resolve a small encroachment in the Stevens Creek area. He said that NASA had committed to working with the District regarding an alignment of the Bay Trail along an outer levee around NASA. D. Simmons said that he was pleased to be moving into Director Riffle's jurisdiction at the end of the year. J. Maciel said San Mateo Weed County Management Group applied for a$100,000 three year grant to fund five projects, which involves POST, San Mateo County Parks, and the District. M. Freeman said 155 people attended the Bear Creek/Sierra Azul meeting on December 5 1h. He acknowledged Ana Ruiz for her efforts in mailing 3,300 notices Meeting 06-29 Page 13 for the meeting. He thanked his staff for their participation in the meeting. He had a meeting with Lisa Grote, Planning and Building Director of the County of San Mateo and discussed resource planning and the ability to streamline the process related to resource conservation. R. Jurgenson said there was a series of newspaper articles related to resource management. M. Williams said the planning commission approved the general plans for POST Tunitas Ranch. SPECIAL MEETING VIII. ROLL CALL President Jed Cyr called the Special Meeting to order at 10:35 p.m. Members Present: Jed Cyr, Mary Davey, Larry Hassett, Ken Nitz, Pete Siemens, Curt Riffle, and Nonette Hanko Members Absent: None Staff Present: C. Britton, S. Rice, M. Reeves, D. Simmons, and M. Williams The Board of Directors adjourned to Closed Session at 10:35 p.m. for a discussion of the items listed below: 1. Conference with Real Property Negotiator- California Government Code § 54956.8 Real Property - Peninsula Open Space Trust(Tunitas Creek)property(San Mateo County Assessor's Parcel Numbers 066-260-040; 081-090-020, -040, -050, located in unincorporated San Mateo County adjacent to Tunitas Creek Road) as an addition to the District Preserve system. Agency Negotiator- Michael Reeves Negotiating Party - Walter Moore Under Negotiation - Price and Terms 2. Conference with Legal Counsel - Anticipated Litigation; Initiation of Litigation under California Government Code § 54956.9(c): one case OPEN SESSION The Board of Directors reconvened into Open Session at 11:15 p.m. REPORTS FROM CLOSED SESSION There was no reportable action. Meeting 06-29 Page 14 IX. ADJOURNMENT The Regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District adjourned at 11:15 p.m. Carolyn Butler Recording Secretary i i I I i i I Meeting 06-29 Page 15