HomeMy Public PortalAbout19880824 - Minutes - Board of Directors (BOD) Meeting 88-19
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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.