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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 04-05
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Wednesday, February 25, 2004
MINUTES
SPECIAL MEETING
I. ROLL CALL -- President Mary Davey called the meeting to order at 6:30 p.m.
Members Present: Jed Cyr, Nonette Hanko, Deane Little (arrived 6:50 p.m.), Ken Nitz,
Pete Siemens (arrived 6:45 p.m.), and Mary Davey
Members Absent: Larry Hassett
Staff Present: Craig Britton, Sue Schectman, Cathy Woodbury
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 6:35 p.m. and the Closed Session commenced at
6:35 p.m. The Board concluded the Closed Session at 7:30 p.m.
REGULAR MEETING
M. Davey called the Regular Meeting to order at 7:33 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 Lisa Zadek, Cathy Woodbury, John Maciel, Del Woods,
Present: Sally Thielfoldt, Dave Sanguinetti, Mike Williams,
John Dickey, Rudy Jurgensen, Thomas Fischer, Steve Schur
III. ORAL COMMUNICATIONS—There were none.
3 10 Distel C=irde - Los Altos, CA 94022-1404 - Phone: 650-691-1200
fax: 650-691-0485 - E-mail: mrosd a openspac e.org - Web site:www.ol)eiisl)ace.org
Ftn,rrrl of Rirr=r tor, Pair`iiollwna,Mary C Davey,led Cyr, Demw Little,Nonow Hanko,Larry Na�sett, Kenneth C. Nit/ - C;orwtal Mamie r:f Craig Britton
Meeting 04-05 Page 2
IV. ADOPTION OF AGENDA
Motion: J. Cyr moved that the Board adopt the agenda. P. Siemens seconded and the
motion passed 6 to 0.
V. ADOPTION OF CONSENT CALENDAR
K. Nitz removed Agenda Item 8, Acknowledgement of Rents Received and Acceptance o
Continued Tenancy with Bay Area Cellular Telephone Company Doing, Business As AT&T
Wireless at Pulgas Ridge Open Space Preserve; Determine that the Recommended Actions
are Categorically Exempt from the California Environmental Quality Act (CEQA) As Set
Forth in this Report; Authorize the President of the Board of Directors to Execute the
Acknowledgement of Rents Received and Acceptance of Continued Tenancy with Bay Area
Cellular Telephone Company, a California General Partnership, Doing Business As AT&T
Wireless at Pulgas Ridge Open Space Preserve.
By consensus, Item 8 was moved to the front of the agenda.
Motion: J. Cyr moved that the Board adopt the Consent Calendar, including Revised
Claims 04-05. K. Nitz seconded the motion. The motion passed 6 to 0.
VI. BOARD BUSINESS
A. Agenda Item No. 8 — Acknowledgement of Rents Received and Acceptance o
Continued Tenancy with Bay Area Cellular Telephone Company Doing Business As
AT&T Wireless at PUlgas Ridge Open Space Preserve; Determine that the
Recommended Actions are Categorically Exempt from the California Environmental
Quality Act (CEQA) As Set Forth in this Report; Authorize the President of the Board
of Directors to Execute the Acknowledgement of Rents Received and Acceptance of
Continued Tenancy with Bay Area Cellular Telephone Company, a California General
Partnership, Doing Business As AT&T Wireless at Pulgas Ridge Open Space Preserve
— (Report R-04-26).
J. Dickey introduced Tom Swarner, the contractor representing AT&T Wireless. He
provided background on the lease.
N. Ylanko abstained from discussion and action on this item.
J. Dickey said they have sought market rent for the proposed trespass. They think it is
fair that AT&T Wireless pays $31,200 a year. They expect to negotiate to market
rent.
Meeting 04-05 Page 3
M. Williams explained how the trespass occurred. This agreement allows the District
to collect market rent and protects the District's rights to enter into a new lease, collect
damages in the future, and make sure that all the county permit issues are addressed.
J. Dickey said it is unlikely that all the square footage would be used.
To help prevent similar mistakes, M. Williams said they would meet with each new
tenant at the site when they begin construction and require permits from the county.
The last sentence of the second paragraph of the report will be reworded to read,
AT&T will remove a portion of the equipment and relocate it to the area that will be
leased...."
M. Williams said 6-9 months for permits is typical.
Motion: K. Nitz moved that the Board determine that the recommended actions
are categorically exempt from the California Environmental Quality
Act (CEQA) as set out in the staff report; and authorize the President of
the Board of Directors to execute the Acknowledgement of Rents
Received and Acceptance of Continued Tenancy with Bay Area
Cellular Telephone Company, a California general Partnership, doing
business as AT&T Wireless at Pulgas Ridge Open Space Preserve, with
corrections to the staff report as discussed. J. Cyr seconded the motion.
The motion passed 5 to 0. N. Hanko abstained.
B. Agenda Item No. 1 - Annual Progress Report on the Use of Radar on District Lands
for Calendar Year 2003; Accept the Information Report on the Radar Program
(Report R-04-23).
D. Sanguinetti presented the report. He said it could be broken down into preserves.
He said there are a few spots that work well for radar. He talked about the areas where
most violations occur. They are seeing a drastic increase in free riders (downhill
racers). He said they are monitoring Indian Creek and Bella Vista Trails.
D. Sanguinetti said they currently do not have an escalating scale for fines. N. Hanko
asked staff to continue to work on establishing an escalating scale. J. Maciel said it is
in the action plan. S. Schectman said the maximums are set by statute.
J. Cyr complimented staff and thought the program makes a difference.
Motion: J. Cyr moved that the Board accept the report. N. Hanko seconded the
motion. The motion passed 6 to 0.
C. Agenda Item No. 2 - Report on Rangrer Bicycle Patrol Program for Calendar Year
2003; Accept the Informational Report on the Ranger Bicycle Patrol Program
(Report R-04-22).
Meeting 04-05 Page 4
D. Sanguinetti reviewed the staff report. He said if they see more interest, they would
purchase more bicycles.
J. Maciel said they do not collect data on total hours on patrol. The objective is to use
6 of 8 hours for patrol.
D. Sanguinetti said the vast majority of contact by the bicycle patrols is positive.
K. Nitz asked that the table include the number or bikes or number of people.
D. Sanguinetti said the bicycles are well maintained. However, if the Board wished,
they could replace them after a certain number of miles.
P. Siemens stressed the importance of maintenance.
Motion: P. Siemens moved that the Board accept the report. K. Nitz seconded
the motion. The motion passed 6 to 0.
D. Agenda Item No. 3 --Field Enforcement Activity for 2003 and Thirteen-Year Field
Activity Summary• Accept the 2003 Miscellaneous Enforcement Activity Summary
and the Thirteen-Year Field Activity Summary—(Report R-04-24).
J. Maciel presented the report and talked about reasons for the increase in violations.
They will look at posting a sign at Rancho regarding permits for groups.
K. Nitz said it would be nice to include the number of people in the table.
P. Siemens asked about rangers carrying defibrillators.
Motion: J. Cyr moved that the Board accept the report. K. Nitz seconded the
motion. The motion passed 6 to 0.
E. Agenda Item No. 4 - Authorize the General Manager to Enter into a Four-Year Lease
with Lanier Corporation for Two Copier Machines in an Amount Not to Exceed
$65,474.40—(Report R-04-28).
S. Thielfoldt noted that this report contained information requested by the Board at the
last meeting. J. Cyr said he appreciated the response.
Motion: K. Nitz moved that the Board authorize the General Manager to enter
into a four-year lease with the Lanier Corporation for two new copy
machines for the Administrative office. D. Little seconded the motion.
The motion passed 6 to 0.
Meeting 04-05 Page 5
E. Agenda Item No. 5 - Adoption of a Resolution Establishing a Public Participation
Process for Reapportionment of the District's Ward Boundaries to Include the
Proposed C.oastside Protection Area— (Report R- 4-29).
C. Woodbury presented the report. C. Britton added that this resolution is consistent
with what the Service Plan said the District would do regarding redistricting, and this
is also a recommendation of the ad hoc committee. N. Hanko pointed out that it might
be longer than 60 days (fourth bullet of report) because they need to get population
figures. C. Britton added that it is staff s intention to schedule workshops so the
Board can make a decision within the 60-day period.
C. Woodbury said she did not yet know how many workshops would be held, or when
they would be held. There are 16,100 voters in the area.
April Vargas, Coastal Open Space Alliance, reported that the Half Moon Bay
Chamber of Commerce and Visitors Bureau voted unanimously this morning to
endorse the Coastside Protection Program. One of their concerns hinges around the
question of representation. She underscored how important it is that the District
makes an extraordinary effort to solicit the input from everyone who lives in that area
and all community groups.
Motion: P. Siemens moved that the Board adopt Resolution No. 04-07,
Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Establishing a Public Participation Process for
Reapportionment of the District's Ward Boundaries to Include the
Coastside Protection Area. J. Cyr seconded the motion. The motion
passed 6 to 0.
F. Agenda Item No. 6 - Approval of Settlement Agreement and Mutual General Release
in the Matter of MidpeninSLIla Regional Open Space District v. Wozniak:
Encroachment at Bear Creek Redwoods Open Space Preserve; Determine That the
Recommended Actions are Exempt from the California Environmental Quality Act as
Set Out in This Report; Adopt the Attached Resolution Approving the Settlement
Agreement and Mutual General Release Agreement and Authorizinp, the Execution of
the Attached Pasture and Water Improvements License, and Pedestrian Use Permits;
Amend the Previously Approved Preliminary Use and Management Plan as
Recommended in this Report—(Report R-04-20).
S. Schectman outlined the terms and conditions of the agreement.
T. Fischer showed a map and pictures of the affected area. He said there is no plan to
fence the property boundary line at this time, or the buffer zone, but they will post
signs.
C. Britton said they would be monitoring to make sure that property is not degraded.
The District will wait until after the grazing ends to do more restoration.
Meeting 04-05 Page 6
Motion: P. Siemens moved that the Board determine that the recommended
actions are categorically exempt from the California Environmental
Quality Act (CEQA) as set out in the staff report; adopt Resolution No.
04- Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Authorizing Approval of Settlement
Agreement and Mutual General Release Approval of the License and
Pedestrian Use Permits and Authorizing Officer or the General
Manager to Execute the Settlement Agreement and Mutual General
Release and License Agreement, and Authorize General Manager to
Execute Any and All Other Documents Necessary or Appropriate to
Closing of the Transaction (Bear Creek Redwoods Open Space
Preserve — Wozniak V. Midpeninsula Regional Open Space District);
and amend the previously approved Preliminary Use and Management
Plan as recommended in the report. J. Cyr seconded the motion.
Discussion D. Little asked about grazing causing property damage. S. Schectman
said it would be staffs call as to when to intercede if this occurs. She
said her position is that when the license terminates, the buffer zone
terminates. With the agreement, they have more tools to control
inappropriate acts on the preserve. P. Siemens said he thought it was
the best possible outcome. Staff can intervene if they find it is
overgrazed.
Vote: The motion passed 6 to 0.
G. Agenda Item No. 7 - Authorization to Amend Contract with Panko Architects for
Design and En�,,ineering Services to Replace the Maintenance Building for the
Foothills Field Office at Rancho San Antonio Open Space Preserve; Authorize the
General Manager to Enter into an Amendment to the Contract with Panko Architects
of San Mateo for an Additional Amount Not to Exceed $17,920, for Design and
Construction Administration Services and Reimbursable Expenses, to Complete the
Construction of the Maintenance Shop Building for the Foothills Field Office at
Rancho San Antonio Open Space Preserve— (Report R-04-27).
S. Schur was available to answer questions.
Motion: P. Siemens moved that the Board authorize the General Manager to
enter into an amendment to the contract with Panko Architects of San
Mateo for an additional amount not to exceed $17,920 for design and
construction administration services and reimbursable expenses, to
complete the construction of the maintenance shop building for the
Foothills Field Office at Rancho San Antonio Open Space Preserve. J.
Cyr seconded the motion.
Discussion: S. Schur talked about why the sprinkler system was required.
f
Meeting 04-05 Page 7
Vote: The motion passed 5 to 0. N. Hanko abstained.
VII. INFORMATIONAL REPORTS
J. Cyr: 1. He attended and enjoyed the State of the District event. 2. He hiked Long Ridge a
week ago.
D. Little: 1. He referred to "Saving Open Space," a book by Daniel Press, Environmental
Studies at UCSC. He said it included information on the District and its part in preserving
open space. 2. While hiking Black Mountain Trail, he found a footprint of a large carnivore.
3. He talked about two books: "Eternal Frontier," which includes a list of animals
extinguished by native Americans, and "A Bear in the Garden."
K. Nitz: 1. He said the cactus field at Pulgas is gone. 2. He asked if they would publicize
the ward boundary process they approved at this meeting.
N. Hanko said she would be a precinct walker for Ira Ruskin.
C. Britton: 1. On February 18, the Atherton City Council voted in favor of the Coastside
Protection Plan. He is contacting Woodside and M. Davey is contacting Menlo Park. 2. The
Half Moon Bay Chamber of Commerce also endorsed the plan. 3. He and S. Schectman
attended the first hearing on the District's bill, AB 1195. It passed out of Assembly Local
Government Committee. 4. He had an interview with Marian Sofky who is doing a major
article on the Coastal Protection Program. 5. He referred to an article in the Mercury News
by Kim Vo. He followed up with Phil Yost to talk about an editorial near the time of the vote.
6. M. Davey and J. Cyr spoke at the State of the District event. He talked about his focus in
his presentation. 7. The Special Districts conference is June 8-11 in DuPage County, Illinois.
He had a video about the area.
VIII. ADJOURNMENT
At 9:55 p.m., the meeting was adjourned.
Roberta Wolfe
Recording Secretary