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HomeMy Public PortalAbout19880824 - Minutes - Board of Directors (BOD) Meeting 88-19 sw 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 AUGUST 24 , 1988 MINUTES I . ROLL CALL President Katherine Duffy called the meeting to order at 7 : 34 P.M. Members Present: Richard Bishop, Katherine Duffy, Robert McKibbin, Teena Henshaw, Nonette Hanko, and Gerry Andeen. Member Absent: Edward Shelley. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Mary Hale, Jean Fiddes , James Boland, Stanley Norton, and Joan Combs. II . APPROVAL OF MINUTES August 10, 1988 Motion: G. Andeen moved that the minutes of August 10 , 1988 be approved. R. McKibbin seconded the motion. N. Hanko and R. Bishop stated that, although they had been absent from the meeting, they would vote to approve the minutes as there was no controversy concerning the minutes . The motion passed 6 to 0 . III . WRITTEN COMMUNICATIONS J. Combs stated that no new Written Communications had been received. She said that consideration of a letter from John K. Landre, Portola HeightsProperty Owners Association, requesting recognition of Portola Heights as a developed community, had been deferred from the August 10 meeting. K. Duffy stated that Mr. Landre ' s letter would be considered during the developed communities agenda item. IV. ORAL COMMUNICATIONS Beez Jones , 16891 Stevens Canyon Road, Cupertino, congratulated staff on the new "High Danger" fire signs . She also congratulated the four Board incumbents who are running for re-election without opposition. Herbert Grench,General Manager;Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Gerry Andeen,Richard Bishop Meeting 88-19 Page two Sandra Touchatt, P.O. Box 284 , Redwood City, said that there were still problems with bicycles on the Portola Heights Road. D. Hansen said that staff is planning to meet with some Portola Heights residents concerning increased signing. J. Boland reported that Sunset Magazine was preparing to publish an article about mountain biking on District trails , and that staff had asked that the article state that non- compliance with bicycle regulations would jeopardize relations with the District. V. ADOPTION OF AGENDA K. Duffy stated that the agenda was adopted by Board consensus . VI .BOARD BUSINESS A. Letter to Accom anv Land Acquisition Brochure and Guidelines for Delineating Developed Communities (Report R-88-100 of Julv 12, 1988) K. Duffy stated that the Board must decide which letter to send, and said that she preferred the shorter version (No. 5) , as all procedures were covered in the brochure. R. Bishop said that the letter was very important, and that many people would not read the brochure, just the letter. He said that the longer letter states explicitly that the recipient is on the Brown Act list and explains procedures to be followed to be removed from the list, while the shorter version simply invites a reading of the brochure. N. Hanko said that she agreed that letter No. 4 was more satisfactory. T. Henshaw said that the last paragraph of the shorter letter was not acceptable and that she would vote for the longer letter. G. Andeen said that he preferred the positive tone of letter No. 5, and thought that letter No. 4 was incorrect in stating that the appearance of a property on a list did not mean that the District was interested in purchasing the property. H. Grench said that properties greater than 20 acres and within the District ' s planning area were the criteria for inclusion in the list . Discussion centered on the purpose of the Brown Act and the meaning of being included on the Brown Act list. R. McKibbin said he felt that letter No. 4 was simply a rehash of material already in the brochure, and preferred version No. 5. Charles Touchatt, P.O. Box 284 , Redwood City, said that he believed that properties that the District might be interested in purchasing should be on the list. Meeting 88-19 Page three S . Norton, referring to the Board' s 1985 Resolution, said that nothing should be included in the cover letter that was counter to the content of the resolution, unless the Board wanted to change the resolution concerning the Brown Act. Motion: R. Bishop moved that the Board select version No. 4 of the cover letter. T. Henshaw seconded the motion. Discussion: N. Hanko requested that the phrase "free of charge" be deleted in line 6 of the first paragraph of the letter. R. Bishop and T. Henshaw stated that they had no objection to including this deletion in their motion. K. Duffy and G. Andeen expressed their willingness to support letter No. 4 . H. Grench suggested that "Board of Directors" be added beneath K. Duffy' s signature. R. Bishop and T. Henshaw agreed to include H. Grench' s change in their motion. K. Duffy suggested that the phrase "is interested in purchasing" be changed to "intends to purchase" in paragraph 4 of version 4 . R. Bishop and N. Hanko agreed to include the change in their original motion. T. Henshaw requested deletion of version four' s entire last paragraph since she felt it was unnecessary. R. McKibbin said that he thought the public should be encouraged to call the District office for information. Motion to Amend: R. Bishop moved that the Board delete the last paragraph of the letter (version 4) . T. Henshaw seconded the motion to amend. The motion to amend passed 5 to 1 on the following vote: Ayes : K. Duffy, R. Bishop, T. Henshaw, G. Andeen, N. Hanko. No: R. McKibbin Motion to Amend: N. Hanko moved that the words "commonly known as condemnation" be parenthetically inserted after the words "eminent domain" in paragraph 5. T. Henshaw seconded the motion. The motion to amend passed 6 to 0 . The original motion passed 5 to 1 on the following vote: Meeting 88-19 Page four Ayes: K. Duffy, R. Bishop, G. Andeen, N. Hanko, and T. Henshaw No: R. McKibbin H. Grench reviewed the Resolution attached to the report, and said that it established the procedure for designating developed communities. He said that Attachment A summarized the guidelines for delineating developed communities. S. Norton summarized the procedure, which he said should be established by resolution. H. Grench reviewed guidelines that had been developed by the Land Acquisition Policy Committee for delineating "developed communities. " R. Bishop said that the Committee had specifically used the word "guidelines" rather than "criteria" to allow for flexibility. S. Norton referred to section 2c of the Resolution, and said that it was staff ' s feeling that a request for developed community status should be signed by all property owners in that community who wish to be included. Discussion centered on the necessity of all property owners signing the request. Charles Touchatt said that he felt the five days notification stated in section 4 of the resolution was not sufficient notification time, and that there should be at least one month' s notice. R. Bishop said that he would be in favor of changing the notice time from five days to fourteen days to coincide with the fourteen day notice period in section 5. Motion: R. Bishop moved that line 4 in paragraph 4 of the resolution be changed to read "fourteen" days instead of "five" days. T. Henshaw seconded the motion. The motion passed 6 to 0 . C. Touchatt said that he would like to see developed communities put on the District wall map. John Landre, Portola Heights Homeowners Association, asked that the Board consider adding a seventh paragraph to the resolution stating that the District shall publish a map of developed communities. Discussion centered on where developed communities should be shown. Motion: R. Bishop moved the addition of a sentence to paragraph 4 of the resolution stating "attached to the resolution in the District' s records shall be a map showing the developed community as finally adopted. " T. Henshaw Meeting 88-19 Page five seconded the motion. The motion passed 6 to 0. Discussion centered on paragraph 5 of Attachment A concerning unimproved parcels contiguous to public park or open space land. Mr. Landre requested that paragraph 5 be removed, noting that, in the case of Portola Park Heights, the statement makes the whole exercise of establishing developed communities meaningless. He said that the statement was counter to the original intent of developed communities . Discussion centered on the percentage of signatures that should be required in a developed community proposal. K. Duffy suggested stating that at least 50% of the property owners should sign the petition. R. McKibbin said he felt that two-thirds would be more appropriate. H. Grench said that requiring a certain minimum percentage would facilitate analyzing a proposal . G. Andeen stated that he did not think the District should require any specific number of signatures . Motion: N. Hanko moved that the petition be signed by owners representing at least 50% of the parcels to be included in the proposal . R. McKibbin seconded the motion. The motion passed 5 to 1 on the following vote: Ayes: N. Hanko, R. McKibbin, T. Henshaw, R. Bishop, K. Duffy No: G. Andeen Motion: R. Bishop moved that the words "and a copy of the General Manager ' s report" be inserted in paragraph 4 of the resolution after the words 11written notice. " N. Hanko seconded the motion. The motion passed 6 to 0. Motion: G. Andeen moved that the Board adopt Resolution 88-38 , as amended, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing a Procedure for Designaiton of "Developed Communities" as Referred to in Ordinance 86- 1. T. Henshaw seconded the motion. The motion passed 6 to 0. The Board recessed at 9:35 P.M. and reconvened at 9 :45 P.M. B. Land Acquisition Policies and Procedures Brochure Mailing (Report R-88-101 of August 12, 1988) H. Grench said that including the All-Site Brochure in the Land Acquisition Policies and Procedures Brochure Meeting 88-19 Page six mailing would help to inform landowners about the District. He said that he felt strongly that the texts of the eminent domain policies and Brown Act should not be sent, because they may create confusion due to their technical nature. He noted that the brochure explains these policies and that the full texts of the policies are available to the public upon request. Motion: R. Bishop moved that the Board direct staff to include the All-Site Brochure but not the complete Brown Act and eminent domain policies in the Land Acquisition Policies and Procedures Brochure mailing. T. Henshaw seconded the motion. The motion passed 6 to 0. C. Approval of Permit-to-Enter for Santa Clara County to Construct Temporary Bypass Road at Picchetti Ranch Area (Report R-88-102 of Augug_t 18., 1988) D. Hansen distributed a letter signed by Ronald and Rolayne Stortz releasing the District from liability in connection with impacts on public access to Sunrise Winery or the leasehold area arising from construction of the emergency detour road. D. Hansen noted that the County might need a time extension beyond the one month mentioned in item h under item 3 of the Permit-to-Enter, and said that it was hoped that the extension would not exceed six months . He said that it was anticipated that the road work will be completed by December 1 . T. Henshaw said that she would like a letter sent to Supervisor Dianne McKenna from the President, thanking the Supervisor for her assistance in the project. Motion: T. Henshaw moved that the Board approve the Permit-To-Enter for Santa Clara County to construct a temporary bypass road through the Picchetti Ranch Area of the Monte Bello Open Space Preserve for the purpose of accommodating traffic while the County does major repair work on Monte Bello Road adjacent to the winery area. R. McKibbin seconded the motion. Discussion: S . Norton suggested that the following statement be added to the motion: "The Board declares this to be an emergency project under CEQA guidelines 1526 . 9 . " T. Henshaw and R. McKibbin agreed to this addition to the motion. The motion passed 6 to 0. Meeting 88-19 Page seven VII. INFORMATIONAL REPORTS N. Hanko said that she had received notice that the northern section of the California Chapter of the American Planning Association has honored the 2020 Task Force with an award, and that the Task Force will now be considered for a nationwide award. N. Hanko said that she and G. Andeen had met with Ellie Huggins who would be coordinating the docent-staff recognition dinner. She said that the date set for the event was Wednesday, October 19. G. Andeen said that a Sierra Club member had contacted him to request permission to schedule a moonlight walk on Monte Bello Open Space Preserve. D. Hansen noted that such a hike was in violation of District ordinances and might set a precedent for other groups . He said that District docents had been leading District-scheduled moonlight hikes . Discussion centered on whether the item should be agendized or be handled at the staff level. R. Bishop said that he favored providing District docents to accompany the group. S. Norton said that the phrase "except by permit" could be inserted in the District ordinance. Staff was directed to work with the Sierra Club to provide docents for the hike. T. Henshaw said that she had attended the most recent meeting of the Bay Trail Committee, noting the Committee will continue to meet through the next year. T. Henshaw said that, if her schedule allowed it, she was interested in attending the Conference on "Open Space: Managing for the Future" in Boulder, Colorado, September 19 and 20 . No other Board member expressed an interest in attending. Motion: R. Bishop moved that the Board authorize expenses for one Director to attend the Boulder conference. R. McKibbin seconded the motion. The motion passed 6 to 0. T. Henshaw suggested that, in view of the lateness of the hour, the Closed Session to discuss personnel matters be postponed to either a Special Meeting or an early dinner session at the office before the next regular Board meeting. Motion: T. Henshaw moved that the Board begin the Regular Meeting of September 14, 1988 at 5: 30 P.M. with a Closed Session on personnel matters. R. McKibbin seconded the motion. The motion passed 6 to 0 . D. Hansen reported on staff ' s progress in updating trails standards , and said that an outside contractor may be hired to draft policies . He said that the Operations Supervisor Meeting 88-19 page eight had suggested closing certain trails to mountain bicycles : N. Hanko said that the Board should be informed if staff is considering closure of any trails , and that any proposed closures should be agendized. M. Hale reported that $520 had been donated thus far to the Polly Geraci Memorial Fund. R. Bishop stated that Mrs . Geraci ' s friends were interested in funding a trail in her memory. H. Grench said that he and Ralph Heim had delivered framed photographs to some of the legislators who had helped with the Whole Access underpass project. Kathy Kennedy, 16222 Skyline Boulevard, Woodside, stated that the Kings Mountain Art Fair would be held Labor Day weekend. VIII .CLAIMS Motion: R. Bishop moved that the Board approve Revised Claims 88-15 of August 24 . T. Henshaw seconded the motion. The motion passed 6 to 0. IX. CLOSED SESSION There was no Closed Session. X. ADJOURNMENT The meeting was adjourned at 10 :41 P.M. Joan Combs Secretary y The minutes of the meeting were approved as presented.