HomeMy Public PortalAbout19850508 - Minutes - Board of Directors (BOD) Meeting 85-12
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
REGULAR MEETING
BOARD OF DIRECTORS
MAY 8, 1985
MINUTES
I. ROLL CALL
President Teena Henshaw called the meeting to order at 7:35 P.M.
Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw, Nonette Hanko, and Harry
Turner. Richard Bishop arrived at 7:40 P.M.
Member Absent: Edward Shelley
Personnel Present: Herbert Grench, Craig Britton, David Hansen, Jean Fiddes , Stanley
Norton, James Boland, Kerry Carlson and Emma Johnson
II. APPROVAL OF MINUTES (April 17, 1985)
T. Henshaw stated that no one wished to make corrections to the minutes at the May 4
workshop. Director R. Bishop arrived.
Motion: N. Hanko moved the approval of the minutes of April 17, 1985. H. Turner seconded
the motion.
Discussion: Tom Kavanaugh, 1726 Spring Street, Mountain View said he would like
to correct C. Britton's statement on page 5 concerning 4-5 acres of wetlands that
C. Britton stated had accumulated a lot of trash. Mr. Kavanaugh stated that there
was "absolutely no trash on any of our property and that is a complete untruth by
Craig". He said he would bring some people to the next Board meeting who would
substantiate his statement. Since C. Britton was not present at the time,
T. Henshaw stated she would like to postpone the approval of the minutes until
C. Britton arrived.
R. Fisse, Star Route 2, Box 402, La Honda, said the spelling of George Dueker's
name should be corrected on page six.
Motion to Table: H. Turner moved that the minutes be tabled. K. Duffy seconded the motion.
The motion passed 6 to 0.
III. ADOPTION OF AGENDA
Motion: T. Henshaw moved that an Item 6, Follow-Up for May 4 Workshop, be added to the
agenda since, by oversight, it had not be included on the agenda. H. Turner
seconded the motion. The motion passed 6 to 0.
IV. WRITTEN COMMUNICATION
E. Johnson stated the Board had received the following written communications:
1 ) a letter dated April 24, 1985 from George and Sarah Dueker, Box 401 , Star Route 2,
La Honda, notifying the Board that their property shown on the Master Plan Map Overlay
and accompanying list is occupied by the owner and is not now nor will it be for sale
in the foreseeable future;
2) letters from Mariquita West, P.O. Box 634, Los Gatos; J. Brenner, 10 Phillips Road,
Palo Alto; and Richard Blum, P.O. Box 620066, Woodside urging the District to purchase
Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin
Meeting 85-12 Page two
the Russian Ridge property being threatened by subdivision development;
3) a letter from Senator Rebecca Morgan dated May 6, urging the District to adopt policies
that reassure residents of the area their right to be safe from condemnation and
supporting H. Turner's proposals outlined in his memo of April 23 concerning the Brown
Act; and
4) a letter from Richard Bullis dated April 28, 1985 expressing his wish to have all nego-
tiations with the District regarding Quinta Ranch be "public". He also asked for
acknowledgement of his letter of late March and notified the District of his unavail-
ability to accompany Mr. Clevenger on reappraisal of Russian Ridge Ranch.
T. Henshaw stated that the letter from Mr. Dueker should be considered after any policy
decisions regarding implementation of the Brown Act.
T. Henshaw suggested the Board negotiate with Mr. Bullis in public and agreed with H. Turner
consideration of Mr. Bullis' request should be put on a future agenda. N. Hanko said the
Board needs to decide how to deal with written communications, those received in the packet
and those received the night of the meetings. T. Henshaw asked that Mr. Bullis' letter be
placed on the next agenda for discussion and requested that he be notified to ascertain
that he would be able to attend the meeting.
T. Henshaw, noting that C. Britton had arrived, asked the Board if they wished to consider
the tabled minutes of April 17.
Motion: N. Hanko moved that the minutes of April 17 be removed from the table. H. Turner
seconded the motion. The motion passed 6 to 0.
V. APPROVAL OF MINUTES (Continued)
T. Henshaw explained to C. Britton Mr. Kavanaugh's exception to his statement on page 5 of
the minutes. C. Britton stated that he considers his statement to be true.
The minutes of April 17, 1985 were approved with the spelling correction as noted.
VI. ORAL COMMUNICATIONS
William Obermayer, 3200 Long Ridge Road, La Honda, stated he had three documents that he
wanted to address :
1 ) a letter from H. Grench to the Portola Heights Homeowners' Association stating that
the District would try to find a trail alignment that would bypass the narrow switch-
back sections of the road. Mr. Obermayer said the Association would like to request
that the trail bypass the entire private road and if possible, be done in such a way
as to discourage use of Devil 's Canyon by the public;
2) a letter from H. Grench to C. Lazarus at LAFCO regarding annexation. Mr. Obermayer
asked if the residential part of the Quinn property, at least, could be kept with
other residential parcels, and added that the community would like to have a popular
vote regarding annexation; and
3) referring to an old map of Long Ridge Preserve, he said the Preserve should be attached
to the Skyline Ridge Open Space Preserve. He called attention to arrows designating
trails which lead to private property.
Referring to the first letter, he asked that District policy of showing all roads as
trails on District maps be changed so that conflicts between hikers and drivers can be
avoided.
R. Bishop suggested that the question of road use by hikers be placed on a future agenda
after other Board members have had an opportunity to see the road.
H. Grench stated that staff is planning a field trip with the residents of the area to dis-
cuss the alignment of the trail and possible options and that an item should be placed on
the agenda after that trip. There was no objection to this approach stated.
Meeting 85-12 Page three
T. Kavanaugh asked that if his land at the end of University Avenue in Menlo Park is
discussed under land negotiations, that it be done in public or taken off the list. He
suggested the District preserve as many trees as possible on the lot being considered for
a new district headquarters in Mountain View and that the District protect nearby residents
by not building a high structure.
Robert Fisse, representing the South Skyline Association, Star Route 2, Box 402, La Honda,
asked if the District had polled other districts regarding implementation of SB 2216
and whether the information is available. T. Henshaw responded that when the Committee
makes its report to the Board, the survey will be available. A copy of the eminent domain
survey was distributed.
Jim Warren, 345 Swett Road, Woodside, distributed to the Board envelopes that contained
three items that will be considered as written communications by the Board at its next
regular meeting. The three topics were (1 ) possible alternatives for condemnation, (2)
response to H. Turner's written proposals, and (3) the role of a general manager of a
district such as MROSD.
T. Kavanaugh questioned the Board about the meeting on May 3. H. Grench replied that it
was a continued Closed Session from the April 24 Regular Meeting to discuss the Hassler
litigation. He said that after the conclusion of the continued Closed Session, the Board
held a press conference to announce the settlement of the Hassler litigation.
VII. NEW BUSINESS WITH ACTION REQUESTED
A. Appointment of Peace Officer (Memorandum M-85-78, dated May 1 , 1985)
J. Boland said that Kerry Carlson, the District's newest Ranger, had completed the
courses required under the California Penal Code to qualify him as a peace officer.
Mr. Carlson and Ranger Aide Mari Russell were introduced.
Motion: R. Bishop moved that the Board adopt Resolution 85-31 , a Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District Appointing
Peace Officer. H. Turner seconded the motion.
Discussion: Discussion centered on the scope of enforcement which District
Rangers have. J. Boland noted that Rangers have all the powers of a peace
officer as it pertains to open space lands and the District determines the
scope under which the Rangers operate.
The motion passed 6 to 0.
VIII. OLD BUSINESS WITH ACTION REQUESTED
A. Final Adoption of the Interim Use and Management Plan for the Nolte Addition to the
Russian Ridge Open Space Preserve Memorandum M-85-74, dated May 2, 1985
D. Hansen stated that escrow had closed on the 160 acre addition to the Russian Ridge
Open Space Preserve and staff received no public comment on the acquisition since
the initial hearing.
Motion: K. Duffy moved that the Board adopt the Interim Use and Management Plan
contained in report R-85-20, name the property as an addition to the Russian
Ridge Open Space Preserve, and dedicate the property as public open space.
H. Turner seconded the motion.
Discussion: R. Fisse asked if there is a schedule for annexation of the
property to the District. H. Grench replied that staff of San Mateo County
LAFCO had suggested it be delayed until other annexation matters are resolved.
The motion passed 6 to 0.
B. Request for Referral to Legislative Committee--Brown Act: Closed Session/Personnel
Exception Memorandum M-85-79, dated May 2, 1985
N. Hanko noted that Board members had received copies of the State publication Open
Meeting Laws and that she had questions on Board procedures for determining salary
increases for Board appointees after reading it. She said that it seemed logical for
the Legislative Committee to return to the Board with some procedures for implementing
Meeting 85-12 Page four
necessary changes regarding discussion of comparables and budgetary concerns that
should be discussed in public sessions.
D. Wendin suggested the procedures in question could be considered as part of the
agenda item on operating procedures after Legal Counsel gives an opinion as to the
applicability of the case cited.
S. Norton stated his opinion that the San Diego Union v. City Council case cited
applies to all public agencies. He said that qualifications, performance and whether
or not a salary increase is in order for Board appointees can be discussed in Closed
Session, but the amount of salary increase must be discussed in open session.
N. Hanko said there are gray areas in the interpretation as to whether comparables
are to be considered as public information. S. Norton responded that if the informa-
tion is gathered, then it is public but there is no requirement to obtain the comparable
salaries. T. Henshaw, responding to J. Warren's request, assured him that the Board
is willing to provide all available comparable information for the General Manager's
position.
S. Norton agreed that the Board may continue the procedures used in the past for
General Manager appointees' salary increases .
N. Hanko expressed her satisfaction with the clarification of the issue. No
action was taken.
IX. OLD BUSINESS WITH NO ACTION REQUESTED
A. Discussion of Various Operating Procedures (Memorandum M-85-72, dated May 2, 1985)
The Board discussed the following procedural items: 1 the meaning of the phrase "Any
member of the Board may place such written communication on the agenda for considera-
tion by the Board" from Section 1 .43 of the Rules of Procedure; 2) distribution of
written communications received the night of a Board meeting or not received in time
for a packet mailing; 3) Board communications (Board member directed to write a com-
munication in behalf of the Board, communication from a Board member to the full Board,
and personal communication from a member of the Board to a member of the public) ;
4) responses to written communications , and shortening the length of Board meetings
so that Closed Sessions are not conducted at such a late hour.
Staff was directed, by Board consensus , to return with the following proposed amend-
ments to the Rules of Procedure (indicated in italics) for Board consideration:
1 ) Replace the word "place" with the word "reouest" in the phrase from Section 1 .43
quoted above and include appropriate cross-references in Section 1 .43 to Section 1 .30
to clarify how a written communication could be added to the agenda as an emergency
item; 2) clarify how materials, including written communications, received on the
night of a Board meeting or after a packet mailing, are distributed to members of the
press and packet subscribers; and 3) draft a new item for inclusion in the Rules of
Procedure stating that all communications from a Board member to the public or to the
members of the Board be public unless it is clear in the document that it is the
opinion of the sender and distribution would then be at the discretion of the sender;
4) amend the Rules of Procedure to include a list of possibilities regarding how
written communication responses could be handled (e.g. refer communication to a commit-
tee, the staff, or a Director to respond or to prepare a response for Board
consideration. The Board agreed that the statement in number 3 above was the
tightest procedure they had discussed and that when they received the draft material ,
they would "chip away" at the statement.
T. Henshaw stated, after the discussion concerning shortening the length of Board
meetings, that she would like to try scheduling one light agenda per month and that
on Board meeting nights she would at 9:30 P.M. discuss with the Board what items could
be continued to a future meeting so that Closed Session could begin by 10:00 P.M.
During the discussion, R. Fisse suggested that meeting materials not included in the
packet be placed in a separate section of the black box.
Meeting 85-12 Paae five
X. OLD BUSINESS WITH ACTION REQUESTED (Continued)
C. Scheduling of May 21 Special Meeting (Memorandum M-85-73, dated May 2, 1985)
H. Grench said Bill Davis from the San Mateo County LAFCO had asked if some of their
Commission members could attend the meeting and he said they could ride on the buses
if there was room. He said an itinerary and estimates as to the time various sites
will be visited will be available at the meeting place so that members of the public
could follow the tour.
Discussion centered on whether members of the public should be able to ride on the
buses so there was no question that no business was being conducted. H. Grench noted
that officials will probably fill the available vans for the tour, and S. Norton added
that the District is not obliged by law to provide transportation for members of the
public. N. Hanko stated she felt a member of the public should be on each bus:
Motion: D. Wendin moved that the Board schedule a Special Meeting at 2:00 P.M. on
Tuesday, May 21 , 1985 to convene at the CalTrans parking lot at the inter-
section of Woodside Road and Interstate 280 for the purpose of a field trip
to tour District land with the San Mateo County Board of Supervisors.
R. Bishop seconded the motion. The motion passed 6 to 0.
D. Follow-Up for May 4 Workshop (Memorandum M-85-80, dated May 8, 1985)
President Henshaw stated it would be appropriate to discuss follow-up assignments to
the May 4 workshop. She noted the Eminent Domain Policy Committee had been charged
with drafting procedures following the previous two workshops and asked ,Committee mem-
bers if they would be willing to consider the assignment for all the areas discussed,
including Brown Act implementation, annexation, eminent domain, and acquisition of
land outside District boundaries.
Motion: D. Wendin moved that the Committee be directed to draft a range of possible
procedures covering the implementation of the Brown Act, annexation of lands
to District, and acquisition of land outside the District. H. Turner seconded
the motion.
Discussion: T. Henshaw said the Committee will present a range of possible
procedures for the Board and public to respond to at a special workshop.
Janet Schwind, 11825 Skyline Boulevard, Los Gatos asked that copies of the
proposals be available prior to the workshop. D. Wendin suggested the
Committee report be presented for tentative adoption at a Regular Board
Meeting followed by a workshop which would ensure the public had time to
read and respond to the Committee' s draft, with final adoption at a later
Board meeting. N. Hanko noted the Committee will present a list of alterna-
tives rather than develop final wording.
The motion passed 6 to 0.
XI. INFORMATIONAL REPORTS
H. Grench said he attended the Santa Clara County LAFCO hearing and that the annexation
of South Skyline Ridge Preserves to the District was continued indefinitely. He continued
that the Santa Clara County LAFCO was in favor of referring any San Mateo County annexa-
tions to the San Mateo LAFCO immediately which could request a hearing and possible
jurisdiction in any individual case. He said that Santa Clara County Legal Counsel has
stated that LAFCO cannot give its authority carte blanche to another LAFCO but jurisdiction
could be considered on a case-by-case basis .
T. Henshaw requested a future agenda item on the District's relationship with the two
Local Agency Formation Commissions.
H. Grench announced that William Mott had been appointed Director of the National Park
Service and asked if the Board wished to have a resolution of contJratulations prepared.
Board members responded in the affirmative.
H. Grench announced that the Budget Committee meeting on May 14 should be cancelled.
Committee members and staff discussed rescheduling the May 21 Committee meeting to Monday,
May 20 at 4:30 P.M. or meeting on May 21 after the tour with the Board of Supervisors.
Staff was directed to check with E. Shelley to determine his schedule.
Meeting 85-12 Page six
H. Grench said staff had decided it was not very useful to send a docent representative to
Florida to receive the Friend Award and instead was suggesting an appreciation dinner for
the docents from the Board or some other activity. The Board agreed to put the matter on
a future agenda when proposed plans were more formalized.
D. Hansen said the Hassler buildings had been demolished, and the Coal Creek structures
have been totally removed. He said he and H. Turner met with the Grandview Road residents
and that an agreement would be drafted regarding exchanging public access rights for road
maintenance costs to help alleviate the concerns of the neighbors.
H. Turner said a second informal tour of Portola Heights for remaining Board members has
been tentatively set for June 8 from 10 A.M to 3 P.M. T. Henshaw expressed her appre-
ciation to Janet Schwind and the Touchatts for a fine, earlier tour.
T. Henshaw asked if the Sunnyvale Baylands Trail is included in the Santa Clara County
Five-Year Plan. Staff said it would have to report back on the status.
XII. CLAIMS
Motion: D. Wendin moved the approval of Revised Claims 85-09 of May 8, 1985. R. Bishop
seconded the motion.
Discussion: T. Kavanaugh questioned the $99,000 to Sorgdrager Trucking Company.
H. Grench said it is the first payment for the new Hassler work. The increased
amount was mostly due to increased dump fees , explained D. Hansen.
H. Grench said that N. Hanko would be unable to attend the Legislative Conference
and asked if another Director would be able to attend. K. Duffy said she may be
able to attend. J. Fiddes said Claim 8255 should be approved for $100 in the
event K. Duffy decided to attend. D. Wendin and R. Bishop agreed that the
motion to approve the Revised Claims should include $100 for No. 8255.
The motion as revised passed 6 to 0.
XIII . CLOSED SESSION
. Norton announced that the litigation matter to be discussed in Closed Session was
covered under Government Code Section 54956.9, Subdivision b-1 , which states a point has
been reached where legislative body believes, on the advice of counsel , there is signifi-
cant exposure to litigation.
The Board convened to Closed Session at 10:20 P.M.
XIV. ADJOURNMENT
The Board reconvened to adjourn at 10:50 P.M.
Emma Johnson
Secretary
CORRECTIONS TO THE MINUTES OF MAY 8 , 1985
C. May 8 , 1985
Motion: D. Wendin moved that the minutes of May 8 , 1985 be approved.
H. Turner seconded the motion.
Discussion : Hanko said the last sentence in paragraph 2
on page five should read: "N. Hanko stated she felt at least
one member of the public should be on each bus so there would
be no question as to any Brown Act violation. "
The motion to adopt the minutes as corrected passed 6 to 0
with E. Shelley abstaining from voting because he was absent
at the May 8 meeting.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
SPECIAL MEETING
BOARD OF DIRECTORS
MAY 21, 1985
M I N U T E S
I. ROLL CALL
The meeting convened at 2 :10 P.M. in the CalTrans parking lot at the
junction of State Highway 84 and Interstate 280 . The purpose of the
meeting was to hold a field trip to tour District land with the San
Mateo County Board of Supervisors.
Members Present: Katherine Duffy, Daniel Wendin, Edward Shelley, Harry
Turner, and Richard Bishop.
Members Absent: Tenna Henshaw and Nonette Hanko.
Supervisors Present: Jackie Speier, Anna Eshoo, John Ward, William
Schumacher, and Tom Nolan.
Staff Present: District: Herbert Grench, Craig Britton, David Hansen,
Jean Fiddes , James Boland, Dennis Danielson, and Joyce Nicholas ; County:
David Nichols , Paul Scannell , Paul Koenig, and David Christy.
Vice President Harry Turner welcomed the Board of Supervisors and County
staff present.
TOUR OF DISTRICT LANDS
The group proceeded up Highway 84 to Skyline Boulevard and stopped at
the Windy Hill Open Space Preserve. Robert Augsburger, Executive Direc-
tor, Peninsula Open Space Trust, gave a brief presentation of the Trust' s
activities , including its involvement in the development and implementa-
tion of the Skyline Ridge Open Space Preserve Master Plan and its
involvement in the Windy Hill Open Space Preserve.
The tour stopped at the intersection of Skyline Boulevard, Alpine Road
and Page Mill Road and then proceeded along Skyline Boulevard to the
Long Ridge Open Space Preserve. After turning around at the Grizzley
Flatts parking area, the tour continued to the Monte Bello and Los Trancos
Open Space Preserves. Joyce Nicholas gave a brief report on the Dis-
trict ' s Docent Program.
Returning to Skyline Boulevard, the tour headed north to Highway 92
stopping at the Purissima Redwoods Open Space Preserve. D. Hansen dis-
cussed the District ' s plans for this Preserve, noting the potential
for cooperative efforts with the County in developing the area.
ADJOURNMENT
The tour adjourned at 5 : 30 P.M. at the CalTrans parking lot.
Jean Fiddes
District Clerk