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HomeMy Public PortalAbout20050126 - Minutes - Board of Directors (BOD)REGIONAL OPEN SPACE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 05-02 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS January 26, 2005 MINUTES SPECIAL MEETING I. ROLL CALL President Larry Hassett called the meeting to order at 6:35 p.m. Members Present: Jed Cyr, Mary Davey, Nonette Hanko, Deane Little (arrived at 6:36 p.m.), Ken Nitz, Pete Siemens and Larry Hassett Members Absent: None Staff Present: Craig Britton, Sue Schectman, Mike Williams II. CLOSED SESSION L. Hassett stated that the Board would adjourn to Closed Session to discuss Closed Session Agenda Items 1, 2, 3, 4, and 5. The Board recessed to Closed Session at 6:36 p.m. and the Closed Session commenced at 6:36 p.m. The Board concluded the Closed Session at 7:25 p.m. REGULAR MEETING III. L. Hassett called the Regular Meeting to order at 7:30 p.m. He announced that the Board had discussed Closed Session Agenda Items 1, 2, 3, 4 and 5 in Closed Session and that no reportable actions had taken place. Additional Staff Present: John Maciel, Sally Thielfoldt, David Sanguinetti, Mike Newburn, Thomas Fischer, Rudy Jurgensen, Brian Malone, Carrie Sparks-Hart, Kerry Carlson, Jeff Smith IV. ORAL COMMUNICATIONS – There were none. Meeting 05-02 Page 2 V. ADOPTION OF AGENDA Motion: P. Siemens moved that the Board adopt the agenda. K. Nitz seconded and the motion passed 7 to 0. VI. ADOPTION OF CONSENT CALENDAR Staff will return with information on Claim 2116, Mitch Matheu, Redwood Trees. Motion: K. Nitz moved that the Board adopt the Consent Calendar, including minutes of the October 13, 2004 Special and Regular Meeting; Agenda Item 3, Approve Appointments of Board President as Chairperson of the Midpeninsula Regional Open Space District Financing Authority and Directors Siemens, Cyr and Hanko as District Representatives to the Governing Board; Agenda Item 4, Approve Appointment of Director Hassett as District’s Representative to the California Joint Powers Insurance Authority Board of Directors and Appointment of Two Alternates: General Manager, Craig Britton and Assistant General Manager, Sally Thielfoldt.; and Revised Claims 05-02. P. Siemens seconded the motion. The motion passed 7 to 0. VII. STAFF INTRODUCTIONS R. Jurgensen introduced Julie Norton, the newly hired Community Affairs Supervisor. M. Newburn introduced the newest Open Space Technician, Rick Parry. VIII. BOARD BUSINESS A. Agenda Item No. 1 – Appointment of 2005 Board Committees Members and Disbanding of the Ad Hoc Committee on Coastal Annexation; Approve Recommendations and Appointments of Standing and Ad Hoc Committees, Including the Determination of Compensation Status – (Report R-05-10). L. Hassett presented the report. He asked that the recommendations be changed to replace Ken Nitz with Mary Davey on the La Honda Master Plan Ad Hoc Committee, and to replace Mary Davey with Ken Nitz on the Sierra Azul and Bear Creek Redwoods Master Plan Ad Hoc Committee. Motion: M. Davey moved that the Board approve the President’s recommendations and appointments regarding Standing Ad Hoc and Outside Committees as contained in the report, as amended, including the determination of compensation status. K. Nitz seconded the motion. The motion passed 7 to 0. Meeting 05-02 Page 3 B. Agenda Item No. 2 - Acceptance of 2003-2004 Legislative Program Report; Adoption of 2005-2006 Legislative Program; Authorize Board President and/or General Manager to Submit Correspondence to Elected Officials in Support of, or in Opposition to Pending Legislation on Behalf of District - (Report R-05-07). C. Britton reviewed the progress on the 2003-2004 Goals for State and Federal legislative activities. He outlined the 2004-2005 Goals. C. Britton provided background information on 2004-2005 Goal 2: Clarify the issue of peace officer jurisdiction outside of District lands, and referred to the letter in the FYIs from the Midpeninsula Rangers Peace Officers Association. Staff had met with members of the association who asked them not to introduce legislation this year. He talked about the deadlines for introducing bills. The language for the change to 5561 would not be the same as previously proposed language by Peace Officers Research Association of California (PORAC). D. Little asked in what sense does the Achistaca Trail cross Highway 9 and continues into Santa Cruz County. C. Britton said from the point of view of the District the trail stops at Highway 9. It is part of the trail network that continues on State property on the other side of Highway 9. D. Sanguinetti added that the Achistaca Trail connects to the Skyline-to-the-Sea Trail and at that point it also crosses Highway 9 into Castle Rock. The District boundary is on north side of the Skyline-to-the-Sea Trail. One of the things the District is faced with is that on the north side of the road where the District property exists, there is a frontage of trails that runs down Highway 9 on which currently they cannot come to an agreement with the State to enforce District regulations. He talked about incidents where they were sure violations happened on District land but violators are now on State park land outside the District’s boundaries. S. Schectman said this issue has been lingering and it is time to reach a resolution. She felt that management had the same goal as staff which was to get staff the authority they need to accomplish the long-term goals of the District. She recommended that they clarify it through legislation. She walked Board Members through the statutes. She said they want to make sure there is no inconsistency between 5561 and other legislation. She was confident she could write legislative language that would clarify the issue. She said the Attorney General’s opinion will give the District a neutral and impartial read on the legal issues. N. Hanko explained what LAFPC’s recommendation was and asked if they needed to change the Penal Code. S. Schectman said staff could solve the issue by amending the Public Resources Code. D. Little asked if they could get the Attorney General’s opinion without proposing legislation, or if they could seek County Counsel’s opinion. S. Schectman said they could get an Attorney General’s opinion without the legislation, but they would have lost a two-year window to introduce a bill. She said the Attorney Meeting 05-02 Page 4 General’s opinion takes months. She explained that the spot bill could come in as a placeholder so they could make the bill deadline. Concurrently, they will ask for the Attorney General’s opinion and he will be going through his process and issuing the opinion. Jeff Smith, 22500 Prospect Road, Saratoga, Midpeninsula Rangers POA president, said they would like the issue resolved. They respect the Board and management and do not want this to be a divisive issue. He was present to express concern about the proposed legislation. Brian Malone, Campbell, California, Midpeninsula Rangers POA vice president, talked about the organization and its purpose. He said they would like management not to put forth legislation at this time but to work with the association. He said there had been no problem working under this legislation for 30 years for the District and 70 years for East Bay Parks. C. Britton explained that they have to put in some language. The East Bay language would be used as starting language for the spot bill, but they would not expect it would be the final language. They could bring language changes back to LAFPC. The Board would have ultimate authority. He said they could not commit to the association having veto power over the language because it is a Board decision. B. Malone said the specific language proposed would not work for the allied agencies. He said they are concerned that the old issue might come up regarding peace officer powers. Kerry Carlson, Miramonte Avenue, Morgan Hill, said the old language has worked, and he saw no need to re-visit the issue. He talked about the agreement with county parks. N. Hanko talked about the difference between the District and East Bay Regional Parks and added that she thought they could work out something. Carrie Sparks-Hart, La Honda, California, past president of the association, talked about two earlier bills that did not go through. She said if the District goes forward without the cooperation of other agencies, it would not make the District look good. She thought they were covered under the Penal Code. There have been no challenges in a long time. She asked why go forward with the legislation and stressed that she had responded to C. Britton’s letter, though not in writing. David Hall, P. O. Box 2778, Castro Valley, president of East Bay Parks Police Association, thanked the District staff for bringing the matter to their attention. He said their feeling is that the last change in law brought forth removed statutory codification that protected the District as a place they have authority. They did not want to make the changes as proposed but want to work with the District. He Meeting 05-02 Page 5 said their feeling is that it is not a problem. Mr. Hall talked about two issues, legislative authority and risk management. N. Hanko said she thought the argument should be presented to the Attorney General so he can help them figure out whether they need to change the wording of the law. If they don’t need to they won’t. J. Cyr said he was satisfied that LAFPC’s recommendation of putting a spot bill in at this time is the best way to go. He said he could understand the concerns of PORAC, but he thought staff was not trying to reduce authority but to extend it. He did not understand the difficulty with getting MOUs from county and state parks. S. Schectman said the goal is to expand authority, not to reduce it. She talked about the MOU problems and said they would work with legal counsel from East Bay. L. Hassett said he was very uncomfortable with asking for changes in this code that affects another agency. C. Britton said it is incumbent on the District to work this out with East Bay. He thought they would be foolish to try to put anything forward without having an agreement. Motion: N. Hanko moved that the Board accept the 2003-2004 Legislative Program Report, as attached to the staff report; adopt the 2005- 2006 Legislative Program, as attached to the staff report; and authorize the Board President and/or General Manager to submit correspondence on behalf of the District to local, state and federal elected officials in support of, or in opposition to pending legislation when the General Manager and General Counsel determine such positions to be in the best interest of the District in order to effectively carry out District business and accomplish the District purposes; provided that any such correspondence be copied to the full Board of Directors as part of the next agenda packet and all such correspondence is reported to the Legislative, Finance and Public Affairs Committee on a periodic basis. M. Davey seconded the motion. Discussion: N. Hanko said she made the motion with the understanding that they will be working on language with PORAC and East Bay. Amended Motion: P. Siemens proposed amending the motion: Add East Bay Regional Park at the end of the last sentence of Goal 2, and add that the Board retains the authority to pull the legislation if Meeting 05-02 Page 6 modified to not meet the needs of District rangers and related agencies. N. Hanko and M. Davey concurred with the amendment. Discussion: J. Cyr said he thought they needed to go ahead with the spot bill. He thought staff was clear about Board Members’ concerns. M. Davey expressed concern that they think this is a foot in the door to restrict their powers. She assured them that is not the Board’s intent. D. Little inquired about there being a larger issue here. B. Malone said there are questions about District management’s willingness to work with them. Regarding the County Parks agreement, the issue of working to find language that is agreeable to everyone is important. He did not think there was anything hidden. Vote: The amended motion passed 5 to 0 with Directors Little and Nitz abstaining. IX. INFORMATIONAL REPORTS K. Nitz asked about the crane at Pulgas, noting that it looked as though demolition was about to begin. C. Britton said he didn’t think they had been given notice to proceed. A lot line adjustment must be recorded prior to demolition. N. Hanko: 1. She reported from LAFPC regarding the electronic media issue. No date is set for the next meeting. 2. She inquired about the Cattermole response. C. Britton said it would be on the next agenda. 3. She suggested to C. Britton that he work with the chairpersons of committees on preparation of agendas. M. Davey: 1. February 6 is the date for a meeting on conservation easements. 2. She had lunch with representative of the Farm Bureau. J. Cyr: 1. He will meet with Board Members and Jack Olsen. 2. He is going to the Cliff House for the Bay Area Ridge Trail auction. M. Davey thanked S. Schectman for guidance on the issue discussed earlier. L. Hassett said he would be attending the South Skyline Association general meeting this Friday and would introduce Carol Joyce at that time. C. Britton: 1. He called attention to the FYIs concerning the Wallace Stegner exhibit and D. Sanguinetti’s memo on storm damage. 2. He had the recruiting notice for Parks Director of San Mateo County. 3. S. Thielfoldt, S. Schectman and he met with the Santa Clara County Grand Jury. It was a very cordial meeting. They looked at a broad spectrum of issues. 4. There was a Bay Area Open Space Council meeting, and an all- Meeting 05-02 Page 7 day one will be coming up in May. 5. The State of the District address is scheduled for February 23. J. Maciel reported that a mountain lion was killed yesterday in the Alum Rock neighborhood. S. Thielfoldt: 1. She talked about the renewal of the California JPIA and the reduction in property insurance rates. 2. She reported that there will be staff training on the budget process. 3. Regarding the web site, staff is tracking comments coming in. Board Members should have received their passwords. R. Jurgensen said he was working on a schedule for outreach meetings to introduce the ombudsperson. X. ADJOURNMENT At 10:10 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary