HomeMy Public PortalAbout19870513 - Minutes - Board of Directors (BOD) Meeting 87-11
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
OLD MILL OFFICE CENTER,BUILDING C,SUITE 135
201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040
(415)949-5500
REGULAR MEETING
BOARD OF DIRECTORS
MAY 13, 1987
MINUTES
I. ROLL CALL
Vice President Katherine Duffy called the meeting to order at 7 : 35 P .M.
Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw, Gerry
Andeen. R. Bishop arrived at 8 : 37 P.M.
Members Absent: Edward Shelley and Nonette Hanko,
Personnel Present : Herbert Grench, Craig Britton, David Hansen, Jean
Fil-ldes , Mary Hale, James Boland, Joyce Nicholas , Michael Foster,
Stanley Norton, and Doris Smith.
II. APPROVAL OF MINUTES
A) April 22 , 1987
Motion: T. Henshaw moved that the Board approve the minutes of
April 22 , 1987 . G. Andeen seconded the motion. The
motion passed 4 to 0 .
B) April 24, 1987
Motion: D. Wendin moved that the Board approve the minutes of the
Special Meeting of April 24, 1987 . T. Henshaw seconded
the motion. The motion passed 4 to 0 .
III. WRITTEN COMMUNICATIONS
D. Smith stated that the Board had received the following written
communications :
1) a letter, received May 6, 1987 , from Penny A. Gardner, 1252 Lisa
Lane, Los Altos , protesting the use of trails at Rancho San
Antonio Open Space Preserve by runners and suggesting that some
trails be set aside for walkers exclusively;
2) a letter, dated May 5 , 1987, from Harry H. Hauessler, Jr. , 1094
Highland Circle, Los Altos , stating that the District should
provide parking facilities at all District preserve entrances ;
3) a letter, dated April 28, 1987 , from John G. Sarles , 13567 Marine
Drive, White Rock, B. C. , stating his appreciation for the docent-
led wildflower walk he and his wife had enjoyed at Los Trancos
Open Space Preserve;
4) a letter, dated April 27 , 1987 , from Howard Martin, 11666 Dawson
Drive, Los Altos Hills , noting how Hale Creek has changed due to
the Neary Quarry and commenting on the proposed Vidovich devel-
opment;
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 87-11 Page Two
5) a letter, dated April 27 , 1987 , from Gene Livingston, Chairman of
the Association for California Tort Reform, requesting the Dis-
trict' s endorsement and assistance for the Personal Injury Compen-
sation Reform Act, a legislative program aimed at containing exces-
sive judgments in all personal injury lawsuits ;
6) a letter, dated April 18 , 1987 , from Jim Warren, 345 Swett Road,
Woodside, to the Editor of the San Jose Mercury News and the
District' s Board of Directors , criticizing the District for marginal
protection of its lands and praising the District ' s Rangers for
their work in the field; and
7) a letter, dated April 16, 1987 , from Olive Mayer, Conservation Co-
Chairman of the Loma Prieta Chapter of Sierra Club , stating the
C3
Chapter' s opposition to leasing land at Mt . Umunhum to the National
Weather Service.
D. Smith stated that draft replies to the Gardner, Sarles , and Mayer
letters were attached for Board consideration. K. Duffy stated the
Board' s consensus to approve the staff replies presented and the pro-
posed follow-up for the other letters . The Board referred the letter
from Gene Livingston to the Legislative Committee.
IV. ORAL COMMUNICATIONS
There were no oral communications .
V. ADOPTION OF AGENDA
K. Duffy stated that it might be necessary to delay consideration of
Items 4 and 6 on the agenda until the end of the meeting in order for
R. Bishop and H. Grench, who were returning from Sacramento, to be
present. She stated that the remainder of the agenda was adopted by
Board consensus .
VI . BOARD BUSINESS
A. Final Accounting for the 1985-1986 Promissory Note Acquisition Fund
and Preliminary Accounting for the 1987 Promissory Note Acquisition
Fund (Report R-87-70 of May 6 , 1987)
M. Foster reviewed the staff report, noting that federal legislation
made it necessary to account clearly for all expenditures from note
issues , particularly the recent 1987 issue. He stated that Carlo
Fowler, the District ' s Bond Counsel, had advised that the report
had been properly prepared.
Motion: D. Wendin moved that the Board approve the Final Accounting
for the 1985 Promissory Note Acquisition Fund (Attachment
A) ; the Final Accounting for the 1986 Promissory Note Ac-
quisition Fund (Attachment B) ; the Preliminary Accounting
for the 1987 Promissory Note Acquisition Fund (Attachment
C) ; and the withdrawal of $2 , 702 , 133. 69 from the 1987
Promissory Note Acquisition Fund to reimburse the General
Fund for expenditures attributable to the 1987 Note proj-
ect. T. Henshaw seconded the motion. The motion passed
4 to 0.
B. Continued Consideration of the Comprehensive Use and Management
Plan for the Los Gatos Creek Park (Former Novitiate Property)
Report R-87-74 of May 6 , 1987)
D. Hansen reviewed the staff report, gave a brief review of actions
Meeting 87-11 Page Three
taken by the Board at its March 11 meeting, and noted the support
by the full Midpeninsula Trails Council of staff 's recommendation
for an 1800 foot walking zone on Jones Trail. He stated that Bob
Bryant, Director of the Department of Parks , Forestry & Mainten-
ance Services for the Town of Los Gatos , had reviewed the current
report and supported staff 's recommendation .
Representatives from Responsible Organized Mountain Peddlers (ROMP) ,
Doug Thomas and Ken Detrick, stated ROMP 's continued support of a
walking-only zone for a 200 foot section of Jones Trail in lieu of
staff 's 1800 foot zone. D. Thomas said that ROMP would continue
to work with the District toward compatible solutions for trail
uses . K. Detrick said ROMP was concerned that the District would
adopt trail use policies that ROMP could not sell to other bicy-
clists.
D. Wendin stated that the 1800 foot walking-only zone for Jones
Trail was something that could be sold to other bicyclists , noting
that Jones Trail was still open to bicycles at the top and that
District trails are generally open to bicycle use. He said that
he now favored a walking-only segment through this segment of the
Jones Trail, adding that he felt that runners on the trail were
going to be more problematic than bicyclists .
T. Henshaw stated her support of D. Wendin 's comments and added
that the District was looking forward to the time when certain
trails could be designated for specific types of user groups.
K. Duffy said that her request to re-establish the old Jones Road
alignment should continue to be pursued and included in the Use
and Management Plan. C. Britton responded that he felt it would
not be appropriate to pursue this possibility further at this time
nor carry it in the Use and Management Plan. He stated that he
felt the Jesuits were not going to change their current position
immediately, that staff was working with them on other projects ,
and further pressure on the trail re-alignment might be counter-
productive for the District.
G. Andeen stated that there is a need for independent criteria for
trail use standards that could apply to all public agencies , and
further discussion centered on the role of Midpeninsula Trails
Council, what trail use policies other public agencies have adopted,
and the need for the agencies to work cooperatively toward unifor-
mity of trail use policies. J. Boland stated that efforts for
cooperative trail use planning are underway between the District
and Santa Clara County Parks and Recreation Department.
K. Duffy stated that it was important to make the present policies
for Jones Trail workable and she asked if there was a good distri-
bution point to make flyers available to the bicyclists . K. De-
trick suggested that the flyer be included in ROMP 's monthly news-
letter. T. Henshaw recommended that more emphasis be placed on
reaching school-age bikers and that information be disseminated in
the schools .
Gibson Anderson, 19571 Farwell Avenue , Saratoga, a member of ROMP ,
the Trail Center, and the Midpeninsula Trails Council, said he felt
the 1800 foot walking-only zone on Jones Trail was not credible and
more should be done to promote good trail etiquette. He suggested
putting signs on the trail at places of concern to warn people of
problems they might encounter.
Meeting 87-11 Page Four
Motion : G. Andeen moved that the Board tentatively adopt the
Comprehensive Use and Management Plan for the former
Novitiate property as contained in report R-87-45 and
amended at the Board meeting of March 11 , 1987 and that
the tentative Plan be submitted to the Town of Los Gatos
for review and comment before being returned to the Board
for final adoption. D. Wendin seconded the motion. The
motion passed 4 to 0 .
D. Hansen stated the Town has 60 days to respond after receiving
the Plan.
C. Introduction of Docent Trainees (Report R-87-71 of May 5 , 1987)
J. Nicholas introduced 14 members of the 16-member 1987 winter-
spring training program for docent volunteers .
K. Duffy called for a recess at 8 :21 P.M. to allow the Directors to
meet the docent trainees . The meeting reconvened at 8 :35 P.M.
Motion : D. Wendin moved that the Board take up Item number 5 .
K. Duffy seconded the motion. The motion passed 4 to 0 .
D. Proposed Acquisition of Tax Deeded Property Near Saratoga Gap Open
Space Preserve, Santa Clara County (Report R-87-69 of April 30 , 19_87)
C . Britton used a wall map to show the location of the 6 . 2 acre
parcel and noted its proximity to the Saratoga Gap Open Space Pre-
serve. D. Hansen described the terrain of the property as being
very steep and outlined the proposed use and management plans for
the parcel. C. Britton said the minimum purchase price set by the
County was $3 , 125 , plus advertising costs .
Beez Jones , 16891 Stevens Canyon Road, Cupertino, questioned why
she as an adjacent property owner had not been notified of the
proposed acquisition. C. Britton responded that the Board 's policy
did not require notification when there was not a signed agreement,
as was the case for this parcel.
Motion: K. Duffy moved that the Board adopt Resolution 87-15 , a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Electing to Purchase a Tax
Deeded Parcel (Santa Clara County Assessor 's Parcel Num-
ber 503-03-007) . T. Henshaw seconded the motion. The
motion passed 5 to 0 .
D. Wendin stated that he was not pleased with staff ' s actions
regarding notification for this parcel and that he felt the neigh-
bors should have been notified.
Motion: K. Duffy moved that the Board adopt the Interim Use and
Management Plan recommendations contained in the staff
report; name the property as an addition to the Saratoga
Gap Open Space Preserve; and indicate its intention to
withhold the property from dedication at this time. T.
Henshaw seconded the motion. The motion passed 5 to 0 .
E. Brown Act Policy Draft for Discussion and Adoption (Report R-87-73
of May 13 , 1987)
R. Bishop, who arrived during the previous item, began chairing the
Meeting 87-11 Page Five
meeting.
D. Wendin presented the report of the Land Acquisition Policy Com-
mittee recommending District policy for implementation of Brown
Act sections relating to discussion of land negotiations in
closed session. He said the key points for the Board 's consider-
ation were what mechanism, if any, to have and who would be eli-
gible, if there were a mechanism, for a property owner to be left
off the list or to be removed from the list. He stated that it
was the consensus of the Board to have a list , and that the Commit-
tee had defined the list in the first paragraph. He presented N.
Hanko 's memorandum in which she stated her differences of opinion
and concerns with the Committee 's majority thinking.
Following lengthy discussion of the wording of the policy and
consideration of questions and input from audience members , Robert
Fisse, Star Route 2 , Box 402 , La Honda; Janet Schwind, 11825 Sky-
line Boulevard, Los Gatos; and B. Jones , it was the Board 's con-
sensus to adopt the following changes to the draft proposal :
Preamble: Change the second sentence to read "The District shall
implement this requirement by (1) announcing during the public
portion of the meeting that potentiaZ acquisition of a certain property
will be discussed or (2) including on a public list those proper-
ties the potentiaZ acquisition of which the Board may discuss in closed
session without further notice. "
Paragraph 1: Add the word "public" before the word "list" in the
first sentence; delete the second sentence.
Paragraph 2 : Delete the words in parentheses .
Paragraph 2 .a. : Reworded to read "Any owner occupied property of
50 acres or less shown on the assessor 's records as improved shaZZ
be removed from or restored to the list at the written request of
the owner. If the property is not on the current adopted Zist, restoration
wiZZ not be effective until an updated Zist is adopted under Paragraph 5 beZow.
Paragraph 2 .b. : Move the word "privately" before the word "prior. "
Paragraphs 2 .c. and 2 .d. : Delete.
Paragraph 3 : Delete.
Alternate Paragraph 3 : Changed to read " . . .property not on the
list, the property and its owner will be announced during the public
portion of the meeting, normally under the Adoption of Agenda
item. The announcement shall be recorded as part of the public
minutes. "
Paragraph 4 : Delete the words "Possible additional language"
and the parentheses .
Paragraph 5 : Change the word "readopt" to "adopt. "
Paragraph 6 .a. : Add the words "and owners" after the word "numbers .
Paragraph 6 .b. : Delete the words "of record" and "adopted" in the
first sentence and add the words "proposed for inclusion" after the
word "properties . " In the second sentence, remove the words "if
this is an option" and delete parentheses. Add, sentence 3 ; The
initiaZ Zist may be adopted no Zess than thirty (30) days after this notice is
given.
Meeting 87-11 Page Six
Paragraph 6 .c. : Change the word "home" to "property" in the
first sentence .
Paragraph 6 .d. : Change the word "readoption" to "adoption" ;
strike the words "additional language to be considered" ; change
the word "home" to "property" owner associations. Delete paren-
theses.
Paragraph 7 .b. : Change "owner of record" to "person of record" ;
change assessor 's records received" to "assessor 's records ob-
tained" ; strike the words "additional language to be considered: " ,
"new" , and "after change of ownership" . Delete parentheses.
A portion of the discussion centered on whether or not the District
should try to define a developed community, and it was concluded
that the Board needed to readdress the question of developed com-
munities in connection with eminent domain policy.
Motion: D. Wendin moved that the Board adopt the Policy as amended
during the meeting. R. Bishop seconded the motion. The
motion passed 5 to 0 .
F. Procedure for Performance Evaluation and Salary Review of Board
Appointees and Scheduling of Special meeting (Report R-87-72 of
May 6 , 1987) and Rescheduling of Second Regular Meeting in May
(Report R-87-68 of May 6 , 1987)
It was determined that a quorum of the Board could not be present
on May 26 for a meeting.
Motion : K. Duffy moved that the Board reschedule its May 26 Reg-
ular Meeting to Wednesday, May 20 , beginning at 7 :30 P.M.
at the District office for the primary purpose of holding
a Closed Session to evaluate the performance of the Gen-
eral Manager and Legal Counsel. D. Wendin seconded the
motion. The motion passed 5 to 0 .
Motion : R. Bishop moved that the Board hold a Special Meeting on
Wednesday, June 3, 1987 beginning at 7 : 00 P.M. in Closed
Session for performance evaluation of the Controller to
be followed by a public meeting at 7 :30 P.M. to consider
other items listed on the agenda. K. Duffy seconded the
motion. The motion passed 5 to 0.
H. Grench stated that staff intended to present the proposed Pre-
liminary Budget for 1987-1988 for Board consideration at the
June 3 meeting.
R. Bishop stated the Board 's consensus to proceed without the
services of a consultant to assist in gathering market salary data
for Board appointees this year. It was decided that the Budget
Committee would work with J. Fiddes on data to be collected and
its format, but would not make any salary recommendations .
VII . INFORMATIONAL REPORTS
H. Grench reported on the legislative sessions in Sacramento that he
and R. Bishop had attended earlier in the day, noting that the Dis-
trict 's bill, AB 2425 , was sent out by unanimous vote by the Assembly
Local Government Committee. He stated that it would not be possible
this year to get special legislation for the Ward 2 vacancy because a
section in the Elections Code states that urgency legislation cannot
Meeting 87-11 Page Seven
be used for this purpose.
H. Grench stated that he had attended the dedication of a redwood grove
at Purisima Creek Redwoods Open Space Preserve in memory of Nancy Min-
ard sponsored by Save the Redwoods League, and reported on the recent
legislative conference in Sacramento.
D. Hansen reported on a recent meeting he attended sponsored by People
for Open Space in San Francisco pertaining to trails and trail connec-
tions in watershed property owned by the City and County of San Fran-
cisco. He said that work on the lower parking lot at Purisima Creek
Redwoods Preserve was completed, and bids for construction of the upper
parking lot at the Preserve would be opened on Friday, May 15. He gave
his monthly site update report, noting that the District had received
grant advances from the State totaling $175,000; work had begun on the
Soda Gulch Trail; and the annual house tour at Fremont Older Open Space
Preserve would be held Sunday, May 17 .
S. Norton stated that there were no litigation matters to discuss in
Closed Session. He gave a brief report on the status of the McQueen
litigation, noting that the Court had found in favor of the District
on payment of litigation fees.
VIII . REVISED CLAIMS
Motion: D. Wendin moved that the Board approve Revised Claims 87-09 .
T. Henshaw seconded the motion. The motion passed 5 to 0.
IX. ADJOURNMENT
The meeting was adjourned at 11 :36 P.M.
Doris Smith
Secretary