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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
REGULAR MEETING
BOARD OF DIRECTORS
NOVEMBER 13 , 1985
MINUTES
I. ROLL CALL
President Teena Henshaw called the meeting to order at 7 : 37 P.M.
Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw,
Edward Shelley, Nonette Hanko, and Harry Turner. Richard Bishop
arrived at 7: 55 P.M.
Personnel Present: Herbert Grench, Craig Britton, David Hansen,
Jean Fiddes, Mary Hale, James Boland, Stanley Norton, and Cecilia Cyrier.
II . APPROVAL OF MINUTES
October 23 , 1985
Motion: N. Hanko moved the approval of the minutes of October 23 ,
1985 . T. Henshaw seconded the motion.
Discussion: K . Duffy noted that at the bottom of page 2
following the first motion, the minutes read: "K. Duffy
stated she wanted to be informed of staff action taken to
resolve the questions concerning the property line and
parking for the Preserve. " Discussion centered on how such
a request would be handled by staff and whether the Board
members as a whole had wanted to be informed of staff ' s
action in the matter.
T. Henshaw, with the Board ' s concurrence, said that the
minutes should be amended to read: "Staff should report back
to the Board regarding action taken concerning the property
line and parking for the Preserve. "
K. Duffy indicated that on page 6 , under Informational
Reports, her concern was the location of the parking lot
entrance to Purisima Creek Redwoods Open Space Preserve and
that it was a dangerous entrance. She requested the words
"and dangerous" be added after the word "find. "
The motion to approve the minutes as amended passed 5 to 0 ,
with E. Shelley abstaining because he was absent at the
October 23 meeting.
III . WRITTEN COMMUNICATIONS
C. Cyrier stated the Board had received the following written communi-
cations:
1) a letter from Harry Haeussler, 1094 Highland Circle, Los Altos ,
dated October 30 , requesting that staff be directed to study the
possibility for off road vehicle trails on various preserves;
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 85-30 Page 2
2) a letter from Jim Warren, 345 Swett Road, Woodside, dated October
30, complaining about notification procedures for the October 30
Eminent Domain Policy Committee Meeting;
3) a letter from Lorna Jean Nelson, received October 29 , expressing
her thanks to District staff in the recent preparation of a term
paper on the District and urged that eminent domain be infre-
quently used; and
4) a letter from Mark Schneider, 1355 Circle Drive, San Marino,
dated October 27, which contained comments and observations about
the District written after his attendance at a recent Board meeting.
The Board discussed Mr. Haeussler ' s letter, and T. Henshaw referred
the letter to staff, directing that staff report back to the Board on
any off road vehicle studies that have been conducted by San Mateo
and Santa Clara Counties.
N. Hanko stated that she had already called Mr. Warren to discuss the
notification timing for the October 30 Eminent Domain Committee meeting.
Since Mr. Haeussler was in the audience and Director Hanko had already
responded to Mr. Warren, no written responses were required for these
written communications . Staff was directed to acknowledge the letters
from Ms. Nelson and Mr. Schneider.
IV. ADOPTION OF AGENDA
T. Henshaw stated that the agenda was adopted by Board consensus.
V. ORAL COMMUNICATIONS
Martin Barbe, 1231 Vicente Drive, Sunnyvale discussed his concerns
about District maps for the Preserves and ways in which the maps
could be improved.
T. Henshaw requested that staff study the suggestions offered by
Mr. Barbe as new brochures are planned, suggested staff contact Mr.
Barbe for suggestions as maps are updated, and requested staff report
back to the Board on proposed changes to District maps.
VI . OLD BUSINESS WITH ACTION REQUESTED
A. Final Adoption of the Revised Use and Management Plan for the
_Picchetti Ranch Area of the Monte Bello Open Space Preserve
(Memorandum M-85-164 dated November 7 , 1985)
D. Hansen stated that staff has not received any additional public
comments and that a revision of the financial aspects of the grant
application had been made before the grant application was sub-
mitted on November 1 .
Motion: K. Duffy moved that the Board adopt the Revised Use and
Management Plan for the Picchetti Ranch Area of the Monte
Bello Open Space Preserve. H. Turner seconded the motion.
Discussion: In response to H. Haeussler's question,
staff indicated that equestrians can enter the Picchetti
Meeting 85-30 Page 3
Ranch Area via the bend on Monte Bello Road; but noted
horses are not allowed in the winery complex area.
H. Grench stated that Knox Mellon had mentioned that
the State was favorably impressed with the grant appli-
cation and that Mr. Mellon felt partial funding seemed
promising. K. Duffy and T. Henshaw asked to whom and
where supporting letters for the grant could be sent.
The motion passed 7 to 0 .
B. Amendments to the Rules of Procedure (Report R-85-52 dated
November 4 , 1985 and Report R-85-53 of November 13 , 1985)
H. Grench stated a second report, R-85-53 , relating to this agenda
item had been distributed concerning two further potential changes
regarding written communications and Directors ' compensation.
H. Grench pointed out the following correction to Report R-85-52 :
on page 6 of the proposed resolution, the first word of the
seventh line from the bottom of the page should begin with "or"
rather than "of" and should read: "or all the attachments excluded. "
H. Grench reviewed each section of the Rules of Procedure for
which changes were being considered. No changes were made in
the proposed wording of Section 1 . 14 , 1 .22, 1 .24 , 1.27 , 1.28 ,
1. 30, 1 . 40, 1 . 41 , 1 . 47. T. Henshaw stated the new agenda order
contained in Section 1 . 40 would be tried on an experimental basis .
Section 1. 10 Regular Meetings : N. Hanko requested the word "must"
in the last sentence be changed to "shall. " D. Wendin said the
wording "on the evening preceding a holiday" was misleading because
it could refer to Columbus Day, etc. , and the intent was for
Thanksgiving and Christmas .
Motion: H. Turner moved that the words "a holiday" be replaced
by Thanksgiving and Christmas eve. N. Hanko seconded
the motion. The motion passed 7 to 0 .
Section 1. 32 Subscription to Meeting Materials: T. Henshaw
stated it was the Board' s consensus to include "Board candidates"
in the list of those for whom subscription fees would be waived.
Section 1 . 45 Written Communications: H. Grench, referring to
report R-85-53, said he was recommending that the underlined
wording in the section at the top of page 2 be added. D. Wendin
suggested that since a response of some kind is desirable the
wording should be changed to "or shall determine that an adequate
response has been made. " T. Henshaw stated the Board ' s consensus
to use D. Wendin' s wording.
Motion to Table: D. Wendin moved that the balance of this agenda
item be tabled until the completion of Item 3
on the agenda. N. Hanko seconded the motion.
The motion passed 7 to 0 .
Meeting 85-30 Page 4
VII . NEW BUSINESS WITH ACTION REQUESTED
A. Proposed Addition to Sierra Azul Open Space Preserve, Mt. Umunhum
Area (Baldwin-Wallace College Property) (Report R-85-53 dated
November 8 , 1985)
C. Britton pointed out the location of the 988 acres proposed
acquisition on the wall map, indicating that the Bald Mountain
non-contiguous parcel was incorrectly delineated on the map
attached to the report. He said that the larger portion of the
proposed acquisition was located between Hicks Road and the
summit of Mt. Umunhum on the east facing slope of the Sierra Azul
and that the property includes portions of the Rincon and
Guadalupe Creeks and connects with District owned lands around
the summit of Mt. Umunhum. He said that patrol access to the
property is via Woods Road. He stated the terms of the purchase
agreement called for a payment of $830 ,000; $800,000 in cash for
the property at close of escrow and an additional $30 ,000 payment
to N. A. Lefmann Associates for real estate brokerage services.
D. Hansen showed slides of the property and reviewed the use
and management recommendations contained in the staff report.
He noted that staff did not intend to encourage public access
to the site at the current time.
H. Grench noted that the recommendations called for discouraging,
but not prohibiting, public use at this time.
K. Duffy indicated that the report did not address patrol
of the property, and said that since this was such a large site
she would like to see this item addressed. D. Hansen stated
that it is not feasible to increase District patrol in the area
at the present time and was investigating the possibility of
caretaking assistance. D. Wendin said he was in favor of a pos-
sible caretaking arrangement in this large of an area.
Mr. and Mrs. Warren Hergerton, 23631 Hicks Road, Los Gatos;
Rick Estrada, P.O. Box 153 , New Almaden; and Loren McQueen,
2633 South Bascom Avenue, Campbell stated that extensive patrol
in the area should be provided because of existing problems
involving use of drugs , four-wheel drive vehicle usage, firearms,
and late night partying.
D. Hansen said the area would be patrolled on a limited schedule
for the present time and that staff was working on providing for
a resident Ranger in the area. H. Grench stated public use of
the area would not be encouraged but that patrol and use of the
area by responsible preserve users may help to alleviate some
of the problems not only on the site but on adjacent road areas
as well.
K. Duffy and N. Hanko reiterated their concerns for adequate
patrol of the site, and K. Duffy suggested staff meet with
representatives from the Sheriff' s Office to discuss problems
in the area.
Meeting 85-30 Page 5
Motion: K. Duffy moved that the Board adopt Resolution 85-50 , a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Authorizing Acceptance of
Purchase Agreement, Authorizing Officer to Execute
Certificate of Acceptance of Grant to District, and
Authorizing General Manager to Execute Any and All Other
Documents Necessary to Closing of the Transaction (Sierra
Azul Open Space Preserve - Baldwin-Wallace College, an
Ohio Non-profit Corporation) . E. Shelley seconded the
motion. The motion passed 7 to 0.
Motion: K. Duffy moved that the Board tentatively adopt the
Interim Use and Management Plan recommendations con-
tained in the report, with the addition of a section
on patrol and caretaking, name the property as an addi-
tion to the Sierra Azul Open Space Preserve, and indicate
its intention to withhold the property from dedication.
E. Shelley seconded the motion. The motion passed 7 to 0.
VIII. OLD BUSINESS WITH ACTION REQUESTED (Continued)
C. Amendments to the Rules of Procedure (Report R-85-52 dated
November 4 , 1985 and Report R-85-53 of November 13, 1985) (Continued)
No changes were made in the proposed wording for Section 1 .47 ,
1 . 50, 1 . 46 , 1 .60, 1 . 81 , 2. 00 and 2. 50 .
1. 95 Communications From Individual Directors: N. Hanko requested
that the word "written" be inserted in the first sentence so that
it would read "Any written communication from a
T. Henshaw stated the Board's consensus to include N. Hanko' s
request.
2. 30 Compensation of Directors and Payment of Expenses : H. Grench
referring to report R-85-53 noted SB 601 had been signed by the
Governor and would allow the Board to change Section 2 . 30 of the
Rules effective immediately.
T. Henshaw stated that she would like the Board to consider
allowing Board members to receive up to $300 per month in compen-
sation for three, rather than two Board meetings. She said she
felt this increase was justified since Directors work very hard
and attend many meetings which do not qualify for compensation.
Motion: N. Hanko moved that the Board amend Section 2 .30 by
changing two to three in line five. T. Henshaw seconded
the motion.
Discussion: Discussion focused on whether the question
of increased compensation should be included in the
budget formulation process, as a separate agenda item,
and expanded to include attendance at Board Committee
meetings with compensation for such meetings set at a
lesser amount to a maximum amount per month.
Meeting 85-30 Page 6
Motion to Amend: N. Hanko moved to amend her motion to place
the topic of Compensation of Directors on a future
agenda at the wish of the President. T. Henshaw
seconded the motion. The motion to amend passed 7 to 0.
Discussion focused on whether attendance at a Meeting dedicated
solely to a Closed Session would qualify for compensation effec-
tive immediately. T. Henshaw stated she felt the change should
be addressed as part of the entire compensation question and
should not be treated separately.
Motion: D. Wendin moved that the Board accept Section 2 . 30 as
prepared by staff on the third page of report R-85-53,
effective immediately. E. Shelley seconded the motion.
The motion passed on the following vote:
Ayes: E. Shelley, R. Bishop, H. Turner, D. Wendin,
and N. Hanko.
Noes : K. Duffy and T. Henshaw.
H. Grench said a motion to pass the Resolution as presented was
needed and the motion should adopt the proposed Resolution as
presented in report R-85-52, with the amendments made during
the meeting, including the substitution final page of the
Resolution as presented in report R-85-53 to cover the change
made in Section 2 . 30.
Motion: E. Shelley moved that the Board adopt Resolution 85-51
a Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Amending the District's Rules
of Procedure with the amendments as H. Grench had just
stated. R. Bishop seconded the motion. The motion
passed 7 to 0.
IX. NEW BUSINESS WITH ACTION REQUESTED (Continued)
B. Conference Reports (Memorandum M-85-163 dated October 31, 1985)
H. Grench reported on his attendance at the National Recreation
and Park Association' s annual conference held in Dallas , Texas
and his tour of two Federal preserves in Texas.
He said the highlight of the conference was the session on land
stewardship at which he spoke and showed slides of District
preserves. He said the purpose of the session was to discuss
planning for and protection of natural qualities of parks and
open space lands and to assure diversity of habitat while being
alert to human carrying capacity.
M. Hale showed the Board the Hennepin County Park Preserve District ' s
audio-visual presentation on the role and purpose of that District.
C. Britton reported on the Western Governor ' s Conference, spon-
sored by the Trust for Public Land, on Creative Acquisition held in
Denver, Colorado and showed slides he had taken. He said the
Meeting 85-30 Page 7
sessions of interest to him included corporate contacts , tax-
benefit approach, and a case studies approach where ideas were
shared and exchanged. He said he had talked with Santa Clara
County Supervisor Dianne McKenna about various District projects
and reported that she is very supportive of the District. He
said representatives from Trust for Public Land had indicated
their interest in doing a project in Santa Clara County.
C. Rescheduling of November 27 Regular Meeting to November 20
(Memorandum M-85-162 dated October 21 , 1985)
Motion: E. Shelley moved that the Board reschedule the November
27 Regular Meeting to November 20 . T. Hensahw seconded
the motion. The motion passed 7 to 0 .
H. Grench polled the Board for a possible Special Meeting date
in early December. Thursday, December 5 appeared to be the best
date in terms of Board attendance, and H. Grench stated that he
would come back to the Board at the November 20 meeting to
schedule the Special Meeting if it was necessary.
X. INFORMATIONAL REPORTS
H. Grench thanked the Board on behalf of the staff for the Staff
Appreciation Party and shared some photographs from the party with
the Board.
D. Hensen reported on the Kennedy Trails Parking Lot Workshop held
in Los Gatos on November 6 . K. Duffy asked that staff evaluate the
local roadside parking possibilities in the area.
J. Fiddes distributed a draft of the revised speaker ' s form to be
used at Board meetings for Board review and input.
D. Wendin reported on the passage by the Cupertino City Council to
open St. Joseph Avenue to traffic , rather than using an electric card
device type gate, when the planned El Camino Hospital Continuing Care
Center facility is built. He asked that staff contact the City
Managers of Los Altos and Cupertino, hospital representatives, and
County staff to ascertain the impact the opening of St. Joseph Avenue
to hospital traffic will have on the Rancho San Antonio Open Space
Preserve and parking areas for the Preserve.
XI. CLAIMS
Motion: H. Turner moved the approval of Revised Claims 85-22 dated
November 13 , 1985 . E. Shelley seconded the motion. The
motion passed 7 to 0 .
XII . CLOSED SESSION
S. Norton announced that litigation matters to be discussed during
Closed Session fell under subdivision (b) (1) of Government Code
Section 54956 . 9. The Board recessed to Closed Session at 10 :25 P.M.
XIII. ADJOURNMENT
The Board reconvened to adjourn at 11 : 15 P.M.
Cecilia A. Cyrier
Secretary