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Home My Public Portal About20041117 - Minutes - Board of Directors (BOD) Regional Open Space ------------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT t E:lt:til.'\liNC; � rlF.,ti2', elx= t7Pt " St'l( : t'ii.3:531E.".i1-fzP: Meeting 04-29 I REGULAR MEETINGS BOARD OF DIRECTORS November 17, 2004 MINUTES REGULAR MEETING I. ROLL CALL I President Mary Davey called the Regular Meeting to order at 7:30 p.m. Members Present: Jed Cyr, Nonette Hanko, Larry Hassett, Deane Little, Ken Nitz, Pete Siemens and Mary Davey Members Absent: None Staff Present: Gordon Baillie, Craig Britton, John Maciel, Sue Schectman, Sally Thielfoldt, Mike Williams, Cathy Woodbury II. ADOPTION OF AGENDA Motion: P. Siemens moved that the Board adopt the agenda. L. Hassett seconded and the motion passed 7 to 0. III. ADOPTION OF CONSENT CALENDAR K. Nitz removed Agenda Items 4 and 5. Motion: L. Hassett moved that the Board adopt the Consent Calendar, including Agenda Item 2, Appointment of Unopposed Candidates in Wards 3, 4, and 7, Agenda I Item 3, Authorization to Pay for Election Services Rendered in Connection with the Local Agency Formation Commission Registered Voter Protest of the Coastside Protection Program in the Amount of$26,486.89, and Revised Claims 04-16. J. Cyr seconded the motion. The motion passed 7 to 0. 33o Distel Circle 650-691-1200 info@openspace,org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,led Cyr, GENERAL MANAGER: Los Alters CA 94022-1404 650-691-0485 fax www.openspace.orp, Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nita L.Craig Britton ., sv Meeting 04-29 Page 2 IV. ORAL COMMUNICATIONS Jerry Hess, 1100 Ranchero Way, San Jose, California was stationed at the Almaden Air Force Base, as a former air weapons controller. The National Museum of the U.S. Air Force, located at Wright-Patterson AFB, Ohio, together with NORAD (North American Aerospace Defense Command) are looking for artifacts of old radar sites with the goal of preserving the history of U.S. Air Force radar sites. His request is to explore the radar site itself and see what artifacts are still remaining, e.g., old equipment that the Air Force had abandoned, remove it and put it in the National Museum or the Peterson Air and Space Museum, Colorado. They are aware of the chemical problems at the site and are working to get some cooperation from U.S. Air Force to assist in cleaning up the area. V. BOARD BUSINESS A. Agenda Item No. I — Legislative Briefing by Ralph Heim, Legislative Advocate Mr. Heim commented on working with the new Governor, Arnold Schwarzenegger. Ile reviewed the annexation (eminent domain) legislation and praised Sue Schectman's work on the bill. It was the first bill that legislative counsel has seen go through exactly as drafted. Mr. Heim also discussed the local government property tax shifts and results of the election. The Board thanked Ralph Heim. B. Agenda Item No. 4 — Approve Revision of the Position Classification Titles and S12ecifications for Community Programs Supervisor and Land Acquisition Manager (Report R-04-114). K. Nitz asked for clarification on the changes to the title names. C. Britton explained that the Land Acquisition Manager title changed to Real Property Manager due to the change in the name of the department. S. Thielfoldt explained that the responsibilities of the Community Programs Supervisor (now entitled Community Affairs Supervisor) were broadened to include media relations and monitoring of the District's web site. Motion: K. Nitz moved that the Board Approve the Revision of the Position Classification Titles and Specifications for Community Programs Supervisor and Land Acquisition Manager. P. Siemens seconded the motion. The motion passed 7 to 0. Meeting 04-29 Page 3 C. Agenda Item No. 5 — Authorize General Manager to Increase the Contract Amount by $2,480 for the Redesign of District's Web Site with Yellowduckdesign, Inc. from the Original Contract Amount Authorized by the Board of$28,000, for a Total of$30,480 (Report R-04-117). K. Nitz was concerned with how many employees have been trained to make changes to the web site. S. Thielfoldt explained that the training will begin immediately after the launch, which is scheduled for this coming Friday. She stated that eight staff members would be trained for updating the web site. Motion: K. Nitz moved that the Board Authorize the General Manager to Increase the Contract Amount by $2,480 for the Redesign of District's Web Site with Yellowduckdesign, Inc. From the Original Contract Amount Authorized by the Board of $28,000 for a Total of $30,480. L. Hassett seconded the motion. The motion passed 7 to 0. VI. INFORMATIONAL REPORTS N. Hanko: 1) She received an invitation from Meg Delano, Chairperson for PMAC for Mary and herself to listen to PMAC's suggestions regarding changes to the District's good neighbor policy. Unfortunately she is still recovering from her illness and advised that maybe Larry would like to go. When she receives a date of the meeting she will pass it on to the Board. 2) She would like to schedule a meeting with Sue and Craig to go over procedures on how the Board will communicate with the Ombudsperson. C. Britton discussed email communication and specifically, if an interested party is looking at where the District stands or where the Board stands on a certain issue that inquiry should be forwarded to staff. Staff will treat it as a Board correspondence and come up with a draft response by the next Board meeting so that all the Board members can see the official answer as opposed to a personal answer. He would like to incorporate an email process with the good neighbor policy. She will copy Craig and Sue on all of her responses to inquiries. 3) She has joined the Open Space Neighbors internet forum yahoo group. K. Nitz: 1) He hiked up at Pulgas Ridge and ran into a rattlesnake. 2) He asked for more detail on the Monthly Field Activity Summary, specifically the incidents of property line dispute at Sierra Azul and the person cited for digging up artifacts. C. Britton explained that the neighbor believes the road is on his property and he attempted to block passage. J. Maciel stated he would get back to Ken with more information on what was actually being dug up. 3) He brought up the comments on the web site regarding the new district boundaries and how it cuts up of Kings Mountain. C. Britton stated there was no change in the Kings Mountain area from the previous redistricting after the 2000 consensus. 4) He stated that the Use and Management Committee Meeting field trip scheduled for Saturday was not sent by email and would like to see an email broadcast of future meetings. Deane Little: 1) He recommended a company called "Get Active" for email services. 2) He also recommended hiking this time of year to see the muted fall colors and toadstools, etc. Meeting 04-29 Page 4 M. Davey requested that staff provide maps to the Board with detailed street names and boundary lines within the new districts. C. Britton said they are being prepared at this time. J. Cyr: 1) He would like to move expeditiously to deal accurately with this type of email communication. There is an expectation that an agency respond as quickly as an individual. He would like a clear understanding of the restrictions placed on a public agency in terms of how that agency communicates. 2) He hiked Monte Bello ridge and it was glorious. 3) He also hiked a portion of Sierra Azul he had never been on before starting on Kennedy Road and hiking up to the summit. L. Hassett: 1) He went to the web site and did not see any posting for the La Honda Open Space Preserve Use and Management Committee meeting. 2) He would like to see contact information for the Ombudsperson on the web site. 3) He is concerned about responding to public email on subjects that are currently being handled by a committee. He wants to be sure the Brown Act is not violated. S. Schectman stated that the Brown Act provides that Board members have the right to talk with constituents, but to be sure that matters are not discussed by a quorum. S. Schectman cautioned against a quorum having a collective discussion of District matters via the Internet. P. Siemens appreciated the cards and well wishes from everyone. C. Britton: 1) He has an invitation from Mike Nevin for California State Senate. 2) He distributed the invitations to Board members to the Holiday Staff Luncheon on December 15, 2004 at the new Foothills shop building. 3) At the LFPAC meeting they came to a decision regarding the Resolution (plane crash) matter. That will be coming back to the Board in January for a recommendation from the Committee. 4) He and Mike Williams attended the Land Trust Alliance Rally in Rhode Island. He and Audrey made a presentation on some of their land transactions and how public agencies can work with private land trusts. 5) He attended the COSA party. 6) Mary is hosting a meeting at the District with the Los Altos Hills trails group. 7) December 2, 2004 the District will be hosting a reception for its new book, "Peninsula Tales and Trails." 8) South Skyline Association will have their holiday party on December 5, 2004 at 4:00 p.m. L. Ha will be the host. 9) December 6, 2004 Santa Clara County Special Districts will hold its meeting at Santa Clara County Water District. S. Schectman stated she would email to the Board the section of the Brown Act that clearly describes what should be reported in "Informational Reports," e.g., brief report of activities, referring a matter to staff, and suggesting an item be placed on a future agenda. She will send some new language and will add it to the agenda to clarify this. S. Thielfoldt: 1) She brought attention to the docent program display in the front lobby which exhibits thank you letters from local school children. 2) Management team is working on the mid-year budget review and she would like schedule future meetings for the Administration and Budget Committee. She suggested December 2, 2004, right before the book reception. Meeting 04-29 Page 5 S. Schectman recommended that the Board make a motion to add an item to the Closed Session Agenda. The District received a lawsuit late Friday after the agenda was posted, and action needs to be taken in Closed Session. Motion: P. Siemens moved that due to the receipt of the lawsuit Citizens Responsible for Open Space, et al. v. LAFCo and MROSD there is a need to take immediate action and the need for action came to the attention of the local agency subsequent to the agenda being posted and that the Board add this item as Closed Session Agenda Item 2a. J. Cyr seconded the motion. The motion passed 7 to 0. VII. CLOSED SESSION At 9:20 p.m., M. Davey stated that the Board would adjourn to Closed Session to discuss Closed Session Agenda Items 1, 2, 2a, 3, 4 and 5. The Board recessed to Closed Session at 9:30 p.m. and the Closed Session commenced at 9:30 p.m. Members Present: Jed Cyr, Nonette Hanko Larry Hassett, Deane Little, Ken Nitz, Pete Siemens, and Mary Davey Staff Present: S. Schectman, C. Britton, D. Woods, T. Fischer, M. Williams, S. Thielfoldt The Board concluded the Closed Session at 10:45 p.m. At 10:45 p.m., M. Davey called the Regular Meeting back to order. She announced that the Board had discussed Closed Session Agenda Items 1, 2, 2a, 3, 4 and 5 and reported that the following reportable actions had taken place in Closed Session: The Board discussed Closed Session Agenda Items I and 2a and gave legal counsel approval to defend two legal actions: (1) Saratoga Country Club v. Mid peninsula Regional Open Space District, Santa Clara Superior Court Case No. 104CV026822. The vote was 6-0 with one abstention from K. Nitz; and (2) Citizens for Responsible Open Space v. San Mateo County LAFCo, Midpeninsula Regional Open Space District, San Mateo County Superior Court Case No. CIV442954. The vote was 7 to 0. IX. ADJOURNMENT At 10:46 p.m., the meeting was adjourned. Margaret Reimche Recording Secretary