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Regional Open . ice
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 04-03
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
January 28,2004
MINUTES
SPECIAL MEETING
I. ROLL CALL
President Mary Davey called the meeting to order at 6:10 p.m.
Members Present: Jed Cyr,Nonette Hanko,Larry Hassett,Deane Little(arrived at 6:14
p.m.), Ken Nitz, Pete Siemens,and Mary Davey
Members Absent: None
Staff Present: Craig Britton, Susan Schectman, Cathy Woodbury,Tom Fischer,
Rudy Jurgensen, Sally Thielfoldt,Mike Wiliams
II. CLOSED SESSION
M. Davey stated that the Board would adjourn to Closed Session to discuss Closed Session
Agenda Items 1 and 2.
The Board recessed to Closed Session at 6:11p.m. and the Closed Session commenced at
6:1 1p.m. The Board concluded the Closed Session at 7:20p.m.
REGULAR MEETING
III. M. Davey called the Regular Meeting to order at 7:30 p.m. She announced that the Board had
discussed Closed Session Agenda Items 1 and 2 in Closed Session and that no reportable actions
had taken place.
Additional Staff Present: Del Woods,John Maciel, Cindy Roessler
IV. ORAL COMMUNICATIONS—There were none.
V. ADOPTION OF AGENDA
Motion: J. Cyr moved that the Board adopt the Agenda. P. Siemens seconded and the
motion passed 7 to 0.
VI. INTRODUCTION
C. Woodbury introduced newly hired Resource Planner,Kirk Lennington.
330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200
Fax: 650-691-0485 • E-mail: mrosd@openspace.org • Web site: www.openspace.org #� `
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little, Nonette Hanko, Larry Hassett, Kenneth C. Nitz • General Manager:L.Craig Britton
Meeting 04-03 Page 2
VIL ADOPTION OF CONSENT CALENDAR
D. Little removed Agenda Item 6,Authorize the General Manager to Purchase a New
Accounting Package, Including Software,Maintenance and Training from NFP Accounting
Technologies in an Amount Not to Exceed$25,000 and Authorize the Expenditure for this
Unbudgeted Package from Contract Services and Fixed Assets,As Described in the Body of this
Report.
Motion: P. Siemens moved that the Board adopt the Consent Calendar,including Agenda
Item 7,Approve Appointment of Director Davey as the District's Representative
to the California Joint Powers Insurance Authority Board of Directors for their
Annual Meeting and Appointment of Two Alternates,General Manager, C.
Britton,and Acting Assistant General Manager, S. Thielfoldt; and Revised
Claims 04-02. J. Cyr seconded the motion. The motion passed 7 to 0.
VIII. BOARD BUSINESS
A. Agenda Item No. 1 —Approval of the Memorandum of Understanding Between the San
Mateo County Farm Bureau and Midpeninsula Regional Open Space District and
Authorize Staff to Sponsor and Submit State Legislation that Prohibits the District's Use
of Eminent Domain in the Coastside Protection Area—(Report R-04-01).
C. Woodbury talked about the process to date,noting that it provides for a true input
process for the District.
S. Schectman outlined the four principal terms of the Memorandum of Understanding.
Jack Olsen, Executive Administrator, San Mateo County Farm Bureau, thanked
C. Britton and S. Schectman and said he thought they had put together a workable
agreement. He encouraged the Board to approve the MOU. He introduced George
Armanino,current President of the Farm Bureau; B. J. Bums,Treasurer; and Tim Frahm,
Conservation Program Director.
Nina Pellegrini, 1430 Audubon Avenue,Montara,had questions about the District's
proposed legislation regarding eminent domain.
C. Britton stated that the agreement is conditioned on the legislation being successful. It
would apply only within the Coastside Protection Area. It might take a few months to get
through the legislature.
S. Schectman said this legislation cannot remove the power of eminent domain from
other agencies.
Terry Gossett, 193 Reef Point,Moss Beach, said he was concerned about the reaction of
those people already in the District who are still subject to eminent domain when the
coastal annexation is merged into the 7 wards. He recommended prohibiting the use of
eminent domain throughout the District.
April Vargas, P. O. Box 370265, Montara, said she was very encouraged. She thanked
the Farm Bureau for sticking with this and urged the District to vote in favor. She talked
Meeting g 04-03 Page 3
about some of the points in the MOU document and the proposed legislation about which
she felt particularly strong.
Marta Sehnal asked why the District was annexing if they were not going to use eminent
domain.
C. Britton explained the District's desire to look at, and plan for,the coastside in a
comprehensive, rational way rather than piecemeal.
Marta Sehnal said this meant more regulation and they have enough. She said it would
cost more money.
C. Britton pointed out that the District would have no regulatory powers except on land it
purchases. There would be no increase in taxes. Marta Sehnal disagreed.
C. Britton referred to a letter from Anna Eshoo.
Regarding taxes,Nina Pellegrini asked if there was a chance they would float a parcel tax
or float a bond. M. Davey informed her a parcel tax would require a 2/3 vote.
N. Hanko said it was an important night with the Farm Bureau supporting the proposal
unanimously. She said she saw a very happy future if they were successful in expanding
the District to the coast and thought they would be glad the District was there.
S. Schectman informed the Board that revisions to the Mitigation Measures shown on
Exhibit B to the Memorandum of Understanding were approved by the Board on June 6.
J. Cyr commended staff and the Farm Bureau for working to come to this agreement.
L. Hassett commented that he had served on the Ad Hoc Committee. He congratulated
everyone involved and said he thought it would be a positive situation.
Motion: L. Hassett moved that the Board approve the Memorandum of
Understanding Between the San Mateo County Farm Bureau and
District,and as provided in the MOU, authorize staff to sponsor and
submit State legislation that prohibits the District's use of eminent
domain in the Coastside Protection Area. N. Hanko seconded the
motion.
Discussion: D. Little said his family had experience with a relationship that can exist
between an open space agency and a farmer. He said it worked well in
that situation and thought it will here as well
Roll Call Vote:
AYES: Directors Cyr, Hanko,Hassett, Little,Nitz, Siemens, and
Davey
NOES: None
ABSENT: None
ABSTAIN: None
There was a brief recess from 7:58-8:02 p.m. to allow time for signing of the documents.
Meeting 04-03 Page 4
B. Agenda Item No.2-Appointment of 2004 Board Committees; Approve Appointments
to Standing and Ad-Hoc Committees as Contained in this Report,Including the
Determination of Compensation Status—(Report R-04-12).
M. Davey presented the report and asked for the Board's approval.
Motion: J. Cyr moved that the Board approve M. Davey's appointments to
Standing and Ad-Hoc Committees as contained in the staff report,
including the determination of compensation status. L. Hassett seconded
the motion.
Discussion: K.Nitz asked about the change of the name to Real Property Committee.
C. Britton explained that the committee would deal with all aspects of
real property, including purchase of land,land protection,and property
management. S. Schectman said the Rules of Procedure have the names
of the standing committees. The Board can re-title the committees as
they wish. There will need to be some administrative 'Cleanup of that to
formalize it. C. Britton said staff will bring back a change to the Rules
of Procedure.
P. Siemens said the Committee had met and voted to recommend the
name change. They will also be looking at their charter assignments and
make recommendations to the Board to formalize the kinds of issues they
want to be looking at.
Vote: The motion passed 7 to 0.
S. Schectman talked about the change in the guidelines.
C. Agenda Item No.3 -Appointment of District Representatives to the Governing Board o
the Midpeninsula Regional Open Space District Financing Authority; Approve
Appointment of Directors Little, Siemens, and Nitz to Serve on the Governing Board of
the Midpeninsula Regional Open Space District Financing Authorijy—(Report R-04-13).
Motion: N. Hanko moved that the Board approve M. Davey's appointment of
Directors Little, Siemens, and Nitz to serve on the Governing Board of
the Midpeninsula Regional Open Space District Financing Authority.
L. Hassett seconded the motion.The motion passed 7 to 0.
D. Agenda Item No.4-Proposed Preliminary Action Plan for the Implementation of the
District's Basic Policy for Fiscal Year 2004-2005, Review the Proposed Preliminary
Action Plan for Fiscal Year 2004-2005 and Discuss Possible Modifications for Review
by the Administration and Budget Committee as a Part of the Budget Development
Process— (Report R-04-14).
M. Davey commended staff on the report. C. Britton provided an overview,noting that
following tonight's discussion it will return to the Budget Committee.
I. Real Property Department
A. Acquisition,Funding, and Negotiation—M. Williams
Meeting 04-03 Page 5
He talked about the change of the Department name and briefly described the key
projects.
Regarding key project 2 as it relates to the annexation area,C. Britton stated that
the District's project would have to stand out in order to receive grants for
acquisition.
Other Projects 4-M. Williams explained why they needed the database.
Other Projects 11 —K. Nitz asked if this should be done before April 1. M.
Williams said they are waiting on San Francisco. Construction needs to be done
by next fall to get the grant. C. Woodbury said as soon as everything comes
together,they will be underway on the project.
B. Property Management—M. Williams
Key Project 4-M. Williams said any additional leases will come to the Board for
approval.
Key Project 1 —M. Williams said there are 26 units,one of which is a four-plex.
There are approximately 10 employee residences.
Other Projects 6—M.Williams talked about the plans to extend leases on these
nine acres that wrap around Horseshoe Lake. He said siltation will be addressed.
L. Hassett expressed concern about the chestnut orchard,particularly parking in
the area during the harvest. N. Hanko agreed that this is a problem. M. Williams
said they have not found anyone interested in volunteering to help solve the
problem. It was suggested that No. 7 be added, "Pursue resolution of chestnut
orchard congestion."
C. Britton said they do replant at the Christmas tree farm. D. Little said there are
erosion problems and that the roads are not well defined. C. Britton said that is
part of the renewal and would come back to the Use and Management
Committee. D. Little expressed concern that many of the collectors may be
reselling the chestnuts commercially.
C. Land Protection—M. Williams
Key Project 4-C. Britton said they are looking at easements adjacent to the
District's preserves.
Key Project 3—They have completed consultation with POST regarding POST's
grazing plan on the Driscoll property adjacent to District land.
Other projects 1 —Annual report of site dedication.
Other projects 7—S. Schectman said this refers to litigation that neighbors
brought against Sheldon Road property owners trying to perfect an easement by
dedication. The District was brought in to help facilitate a solution to that.
Meeting 04-03 Page 6
Other projects 10—They are all at various stages and ongoing. D. Little agreed
with L. Hassett that it would be a mistake to have kind of a patchwork of
easements. He would like to see corridors connecting towns to preserves.
II. Open Space Planning Department
A. Planning and Geographic Information—C. Woodbury
C. Woodbury reviewed Key Projects.
Other projects 10—C. Woodbury noted that several items had been crossed off
because they are either completed or on hold. Several things were added.
Clerical errors: page 11,#4,Work and Skyline; #10 third line,remove"s" from
"affects."
Page 9,General Department Emphasis, fourth line from bottom, change the
comma to a slash("Sierra Azul/Bear Creek Redwoods . . ."
Other Projects 7—Ongoing. They have incorporated Tim Best's ideas as well as
those of other specialists.
Key Project 3—Can add,"finish fisheries water quality monitoring guidelines."
Grassland Management Policy—will decide at Board workshop how to carry this
forward. Grazing Policies—covers broader area.
Discussion following regarding the process of naming preserves. Mills Creek is
an interim name.
Key Projects 4—Have updated what is available currently. New data is entered
as it becomes available. C.Britton said this should be in Other Projects and
Activities if it is ongoing.
Other Activities 9—Will change wording to read, . . . "Site 25 to a standard
permitting the restoration. . ."or similar wording.
D. Little asked when the District acquired La Honda Creek Preserve.
C. Woodbury said at least ten years ago. D. Little said it seems like the project is
always in the future. C. Woodbury said the RFP is going out for the master plan.
They will work with the consultant on how the Board and public will participate.
L. Hassett asked if another Board Member could take over his job on the
Peninsula Corridor Study. N. Hanko agreed to do so.
B. Public Access Improvements and Staff Facilities—C. Woodbury
Key Project 6—J. Cyr encouraged inclusion of elevations on key points of trails
in brochures when they are reprinted.
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Meeting 04-03 Page 7
Staff Facilities,La Honda Creek Open Space Preserve Ranch House,add,"Look
into grant opportunities." C. Britton said he thought there was a need for the
building but they will be looking at it.
Key Projects 2—C. Woodbury said staff will update the Board every year.
KeyProjects 3 —Repeat what was in) p s i Real Property section.
III. Operations Department
A. Field Operations—J. Maciel
Key Project 1.c—First sentence to read,". . . Letter of Understanding between
the District . . .".
Key Projects 1.c—Perhaps put in names of other agencies.
Other Projects 4.e—Trying to resolve interference problems.
Other Projects 4J—Bail schedule.
Other Project 4.1—K. Nitz said he thought they should hold off on building a new
office in the Foothills area until we figure out what we are doing on the coastside
and get the master plan done. J. Maciel said that is why it was realigned to be
part of the planning process to establish what is appropriate. C. Britton
suggested changing"build"to"establish."
B. Resource Management—C. Roessler
C. Roessler summarized the report and provided an update on the information
received from the consultant.
Key Project 5 (new)—New invasive grasses in Thornewood. Assessed and
found not a result of work done on dam.
Key Project Lb—N. Hanko asked them to be sure to notify interested parties and
that it comes to the Board when they are removing large eucalyptus.
Key Project 2—Add verb to beginning.
Key Project La—No prioritization—will be done this year
Key Project Lb—Add"remove other non-natives."
Key Project l.c—K.Nitz said we need to specify control methods.
Key Project l.e—K. Nitz said he hoped it would be re-started. This was the only
thing they had to drop.
Other Projects c—Staff will provide survey results to Board Members. N. Hanko
asked that the word"potential"be removed.
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Meeting 04-03 Page 8
Key Project 5—D. Little would like to see added, "Ensure that the corrective
action does not diminish or divert resources,either staff work or financial, from
other ongoing projects." He suggested it might be better to hire someone to
manage this and review the response of invasive plants to work we are doing.
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IV. Public Affairs Department
A. General Public Information and Outreach
Rudy g ensen presented resented the report.
ort.
Key Project 4—L. Hassett said he thought it was inappropriate now to o
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forward with the Good Neighbor brochure until the coastal annexation is
complete. At that time, form a citizen's advisory committee from neighboring
groups. C. Britton described the type of information that would be included. N.
Hanko talked about the original concept for the brochure and suggested that
perhaps there should be two documents. C. Britton suggested that they work
with LAFPAC on the concept of a brochure and a good neighbor program.
P. Siemens agreed that it should be postponed and that there should be two
documents. Discussion followed regarding
g g possible wording for the item.
KeyProject 2—J. C applauded the proposed website enhan
cements. Staff will
J Cyr pp p P
provide a report on website"hits."
Other Projects 5—C. Woodbury said the first step was to digitize,but it needs to
be organized. R. Jorgensen said key slides would be done first.
Other Projects 11 —K. Nitz said he would like general pictures of preserves to be
included.
Other Projects 13—Change two issues per year to four issues per year.
Other Projects 17—Change to read,"Promote community goodwill by
distributing holiday cards to District constituents on our mailing list for an
additional year."
B. Legislative,Funding,and Organizational Relations—R.Jurgensen
C. Community Programs
Other Activities 13—C. Britton said they are looking for something that might
work better than what they have tried.
V. Administration Department
A. Administration—S.Thielfoldt
B. Human Resources—S.Thielfoldt
Other Projects 12—Staff is talking to consultants. K. Nitz said he would like a
quarterly report on web activity.
Meeting 04-03 Page 9
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Other Projects 16—K.Nitz suggested storing records off-site.
C. Legal Services—S. Schectman
Key Project 1 -S. Schectman said she would remove personal names per Real
Property's practice.
Key Project 6—Delete well remediation project.
Quiet title action on El Sereno—may be removed because it has a trial date next
week.
Other Projects—Planning projects and the successor MOU will be put back in.
Key Project 1 —Hanson Quarry is in Rancho,not Montebello.
J. Cyr said he appreciated the format of the report as it made it easy to track between
years.
D. Agenda Item No.5— Application for Per Capita Grant& Roberti-Z'Berg Harris Block
Grant Programs Under the Cl
ean can Water Clean Air Safe Nei hborhood Parks and Coastal
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Protection Bond Act(Proposition 40)• Adopt the Attached Resolution of the Board of
Directors of the Midpeninsula Regional Open Space District Approving the Application
for the Per Capita Grant Program Under the Clean Water Clean Air Safe Neighborhood
Parks and Coastal Protection Bond Act of 2002• Adopt the Attached Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District Approving the
Application for the Roberti-Z'Ber Harris Block Grant Program
� m Under the Clean Water,
pp g gr
Clean Air Safe Neighborhood Parks and Coastal Protection Bond Act of 2002—(Report
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R-04-1�Z,
M. Williams presented the staff report and explained what kind of projects qualified for
per capita grants.
Motion: K. _. Nitz moved that the Board adopt Resolution No. 04 03, Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Approving the Application for the Per Capita Grant Program Under the
Clean Water,Clean Air, Safe Neighborhood Parks and Coastal
Protection Bond Act of 2002; and adopt Resolution No. 04-02,
Resolution of the Board of Directors of the Midpeninsula Regional Open
Space District Approving the Application for the Roberti-Z'Berg Harris
Block Grant Program Under the Clean Water, Clean Air, Safe
Neighborhood
g hood Parks and Coastal Protection Bond Act of 2002.
P. Siemens seconded the motion. The motion passed 6 to 0 with Dir. Cyr abstaining.
E. Agenda Item No.6-Authorize the General Manager to Purchase a New Accounting
Package, Including Software, Maintenance and Training from NFP Accounting
Technologies in c an Amount Not to Exceed$25,000 and Authorize the Expenditure for
this Unbudaeted Package from Contract Services and Fixed Assets As Described in the
Body of this Report—(Report R-04-06).
Meeting 04-03 Page 10
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S.Thielfoldt was present to answer questions. She said maintenance included upgrades.
She felt the cost was reasonable.
Motion: K. Nitz moved that the Board authorize the General Manager to purchase
an accounting software package from NFP Accounting Technologies and
authorize the expenditure for this unbudgeted package from contract
services and fixed assets,as described in the body of the staff report. P.
Siemens seconded the motion. The motion passed 7 to 0.
IX. INFORMATIONAL REPORTS
N. Hanko said she had a call from Bob Girard who is trying to raise funds for some initiatives.
She will provide staff with information about the initiatives.
K. Nitz: 1. The Use and Management meeting was very good. 2. He heard that the island and
County of Maui is trying to start an open space district.
D. Little: 1. The Use and Management meeting went very well. He appreciated the efforts of
J. Maciel and C. Roessler. They decided not to close the preserve at this time. 2. Every time he
hikes Black Mountain Trail he sees bike tire treads. He asked staff to take measures to stop this.
M. Davey: 1. She and C. Britton have been talking to Atherton in hopes of generating their
support for the Coastside Protection Program. They will be making a presentation on February
18. 2. She brought pictures from Croatia. She talked about the environmental movement in the
Adriatic area.
L. Hassett: 1. He had a call from a constituent complaining about the District participating in the
feeding of ROMP members. 2. He and Marguerite Kaufman (LAFCo)talked about the
Coastside Protection Program.
C. Britton: 1. There was a letter in the FYIs supporting the grant proposal that R. Zatkin is
making. 2. There was a letter to Ken Anderson regarding the Smits' gift. 3. The funding
measure should close on Friday. He handed out the official statement. 4. He had not heard much
about the State budget. He talked about the ERAF component and the multi-county exemption.
5. He was invited to participate in initial discussion of the Cargill salt ponds. It will probably be
a 50-year project. 6. He had been asked to participate in the Santa Clara County trail
implementation stakeholders group. 7. The District has been invited to the next meeting of the
Special Districts Association for Santa Clara County. J. Cyr will attend. 8. San Mateo County is
going ahead with a proposed assessment district for parks.
X. ADJOURNMENT
At 10:37 .m. the meeting
g was adjourned.
Roberta Wolfe
Recording Secretary