Judge says MROSD expansion can go ahead

Superior Court judge Carl Holm rejected a request by opponents to either halt or put to a vote the annexation of the coastside to the Midpeninsula Regional Open Space District (MROSD).

Annexation opponent Oscar Braun plans to take the matter back to LAFCO by incorporating the rural coastside as the town of Los Pueblecitos. His plan includes the transfer of all MROSD property in Los Pueblecitos to the new town.

The district says it has 60 days from the issuance of LAFCo’s Certificate of Completion to appoint an Ombudsperson, begin public participation, and plan for amending its Good Neighbor Policy. MROSD says it will solicit public input to determine how the District’s wards should be redrawn so that coastside residents are represented.  They say they’ll include workshops on the coastside.

A couple of days ago, I asked Oscar Braun if he’d like to comment once Judge Holm delivered his decision.  he replied in email:

As stated in the letter brief to the Court, we are already gathering petition signatures from the more than 5,500 disenfranchised Coastsiders to qualify the incorporation & detachment of Los Pueblecitos for the March 25, 2005 ballot.  Regardless of the determination of the Court regarding the LAFCO Protest balloting, the FINAL decision will be made by the voters of the Rural Lands (South Coast) area residents. In short, the Courts ruling will be moot.

UPDATE: you can now download the decision from Coastsider [pdf].

UPDATE:  Oscar Braun says he plans to sue. In Merc he says: "It’s neither a victory for us or them—it will continue on in court. The court has just said that, in order for us to challenge the annexation, we must do it a different way." In the SMC Times: "We’re off to court."

Click on the "read more" link to see MROSD’s press release.

For Immediate Release Contact:  Rudy Jurgensen

650-691-1200

Coastside Protection Program Clears Final Hurdle

—Court Rejects Opponents’ Demand to Stop Program—

—Decision Concludes Seven-Year Process—

—Director Davey: "Win for Coastsiders, all Citizens of San Mateo County and its Magnificent Natural Environment"—

LOS ALTOS, CA [September 3, 2004] - Midpeninsula Regional Open Space District’s (MROSD) Coastside Protection Program today became a reality when Superior Court judge Carl Holm rejected a request by opponents to stop the Program.  The District spent more than seven years developing the Program in collaboration with coastside residents.

"This is a tremendous win for all coastsiders, all citizens of San Mateo County and its magnificent natural environment," said Mary Davey, President of the District’s Board of Directors.  "We are grateful to all of the countless residents who have provided their input, suggestions, and support over the years. Thank you for inviting us to your cities, your town halls, and your homes and for making this Program truly your own."

Opponents had said that they had gathered a sufficient number of protests to force the Program onto the November ballot, which would have been the second election on this subject since voters approved a 1998 advisory measure in support of it.  The San Mateo Local Agency Formation Commission (LAFCo) validated 3,507 protest forms - far fewer than the minimum of 4,071 valid petitions, or 25% of registered voters in the affected area, that LAFCo law requires in order for the issue to qualify for the ballot.  8,142 signed protests would have eliminated the Program outright. The invalidated protest forms include hundreds of duplicates, unregistered voters, and protests from outside the Program boundaries, among others.  A number of voters also withdrew their protests. Upon approval of the Program in April, LAFCo had given opponents 60 days to collect protests, the maximum period of time allowed by law, and had also published "mail-in" protest forms in local newspapers.

Today’s action clears the way for MROSD to buy land from willing sellers for the purpose of protecting the region’s coastside from inappropriate urban sprawl. The Program has been widely endorsed by hundreds of community groups and organizations, including the San Mateo County Farm Bureau and the Half Moon Bay Coastside Chamber of Commerce.

Craig Britton, the District’s General Manager, believes that the Program will help forge a strong community partnership to protect the scenic beauty and agricultural economy of the coast. "Farmers, conservationists, and business leaders agree that the Coastside Protection Program is the best way to preserve this region’s unique rural and agricultural heritage," said Britton. "Their support has made the Coastside Protection Program a reality."

The District has 60 days from the issuance of LAFCo’s Certificate of Completion to appoint an Ombudsperson and to initiate a public participation process and plan for amending its Good Neighbor Policy. Within 60 days of the Certificate’s recordation and after it has received revised population estimates, the District will also solicit public input to determine how the District’s Ward Boundaries should be reapportioned.  Redistricting is necessary so that coastside residents are democratically represented.  The process will include workshops on the coastside.

The Program will expand the District’s boundaries from south of Pacifica to the Santa Cruz County line to include approximately 220 square miles of San Mateo coastside lands. Over the next 15 years, MROSD will protect precious farmland via agricultural easements, enhance environmental, educational, and recreational Programs, and provide wildlife protection and critical emergency services to approximately 11,800 acres of coastside open space. The Program will also ensure fair and democratic representation in planning and decision-making related to the coastside.