HomeMy Public PortalAbout19940608 - Minutes - Board of Directors (BOD) Open Space
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 94-17
REGULAR MEETING
BOARD OF DIRECTORS
June 8, 1994
MINUTES
I. ROLL CALL
President Ginny Babbitt called the meeting to order at 7:30 P.M.
Members Present: Pete Siemens, Bob McKibbin, Teena Henshaw, Ginny Babbitt, and Wim de Wit.
Nonette Hanko arrived at 7:35 and Betsy Crowder arrived at 9:30 P.M.
Personnel Present: Craig Britton, Jean Fiddes, Malcolm Smith,John Escobar, Randy Anderson, Sue
Schectman, Del Woods, Sheryl Cochran, Deirdre Dolan, and Emma Johnson.
II. ORAL COMMUNICATIONS
There were no oral communications.
III. ADOPTION OF AGENDA
G. Babbitt announced the agenda was adopted by consensus.
IV. ADOPTION OF CONSENT CALENDAR ,
Motion: T. Henshaw moved that the Board adopt the consent calendar including approving the
minutes of May 11 and May 18, 1994; authorizing the general manager to execute
photocopier lease agreement with Lanier Worldwide Incorporated;authorizing the general
manager to execute a lease on behalf of the District with the Alzheimer's and Related
Diseases Association for the excess office space located at 330 Distel Circle upon
approval of District's legal counsel, and approving Revised Claims 94-11. B. McKibbin
seconded the motion. The motion passed 5 to 0.
V. WRITTEN COMMUNICATIONS
There were no written communications.
V1. BOARD MMS
A. Consideration of Proposal to Change Start Time of District Board Meetings to 7:00 P.M.
R=rt (R-94-66
R. McKibbin proposed starting the regular Board meetings at 7:00 P.M. so that closed sessions
would not be held at such a late hour following the public portion of the meetings. Discussion
centered on the ability of the public to arrive at 7:00 P.M. The Board reached a consensus to
start closed sessions at 6:30 or 7:00 P.M. depending on the amount of time needed and to
continue starting the public portion of its regular meetings at 7:30 P.M. for a two-month trial
period.
330 Distel Circle * I os Altos. Calitornia 94022-1404 * Phone: 415-091-1200 - I AX: 415-091-0485 e
Bowd of Oue(tors:Pete Sieme hart M(Kthim), I celm I iunha�a,('11111v B ikhitt, Nonette o,H0,\ ( rovvder,Wini de Wit
Meeting 94-17 Page 2
Motion: G. Babbitt moved that closed sessions start prior to public sessions of regular
meetings for a two-month trial period. P. Siemens seconded the motion.
Discussion: T. Henshaw announced that she would abstain from the vote because
she will not be able to attend Board meetings for the next six weeks.
The vote passed 5 to 0.
B. Amendment to Agreement with the City of Mountain View for Deer Hollow Farm Including
Assigning One District Maintenance Worker to the Farm- and Transferring $19.000 in Budget
to T&mRQma Salaries Account(Report R-94-67)
J. Escobar reported that the City of Mountain View had requested assistance from other
agencies to keep Deer Hollow Farm operating and that ultimately Santa Clara County approved
a$50,000 grant toward the cost of educational programs at the farm for fiscal year 1994-1995,
provided the District contributed an equal amount. He said the City is willing for the District
to provide maintenance services as an alternate to cash assistance for the program, and will
change brochures and signs to give the District recognition as equal partners in the Deer
Hollow Farm program. The Board praised the educational program that the Farm provides.
Motion: N. Hanko moved that the Board authorize the general manager to execute the
third amendment to the agreement with the City of Mountain View providing one
District maintenance worker to assist with the operation of Deer Hollow Farm for
one year, beginning July 1, 1994; amend the District's fiscal year 1994-1995
budget to include an additional $19,000 in temporary salaries to offset the impact
of the subject agreement on the District's regular maintenance activities; and
direct staff to work with the City of Mountain View, the County of Santa Clara,
and other interested organizations to develop a long-term strategy for future
operation of the farm. P. Siemens seconded the motion. The motion passed 6
to 0.
C. Tentative Adoption of a Comprehensive Plan for Public Use and District Management of St.
Joseph's Hill Q2gn Space Preserve Report (R-94-70
S. Cochran gave an overview of the preserve, noting its location on the map. She said the
preserve has 267 acres and a 94-acre open space easement over property owned by the
California Province of the Society of Jesus.
D. Woods reported on the Caltrans overpass improvement project on Highway 17 and where
trails, overpasses, and interchanges will be located relevant to St. Joseph's Open Space
Preserve. He said Phase I (grading) of the project has been funded and will be finished by the
end of summer. He said Phase II will begin next year and will include the overpass and
dividers and should be finished late in 1996.
S. Cochran reviewed the location of all trail segments and the changes that are proposed
including closures, restorations, signs and barriers, and new trails. She showed slides of some
of the areas and trails that require changes, including the pistol range, vineyard, and oak
mitigation area.
S. Cochran noted that the walking zone of the Jones Trail only applies to bicyclists at this time.
Andy Hospidor, 208 Kimbel Avenue, Los Gatos said that he rides the Jones Trail and that
Meeting 94-17 Page 3
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there is an increasing number of joggers coming down the hill very quickly and it is difficult
to maneuver a bicycle being walked around groups of joggers traveling at fast speeds, and that
it presents a conflict situation. S. Cochran said the current Jones trail will remain open to
multi-use on a temporary basis until the historic Jones Trail opens, with the condition that the
walking zone be maintained and enforced. She added that if and when the historic Jones Trail
alignment is re-opened, the current Jones Trail alignment would then be closed to bicycle use
and be hiking only. G. Babbitt asked when the new trail would be opened and C. Britton
responded that the District has an option to acquire .8 acre to open the historic Jones Trail and
that it will cost approximately $60,000 to acquire the property, $30,000 to install chain link
fence and rebuild the alignment. He said staff is asking the Town of Los Gatos to share those
expenses.
G. Babbitt asked why the current Jones Trail is designated for walking or running. J. Escobar
explained that the Trail Use Committee determined that separating runners from hikers was
unnecessary so the land use rules and regulations were revised. S. Cochran said that even
though the mitigation measures would be completed as proposed, the trail would still not be
up to multi-use standards. An unidentified member of the audience said she has been using
the trails at St. Joseph's Hill for many years as a runner, biker, and walking her dog, and has
had only one trail conflict. She said she was concerned about the public comment and how
representative they are of the thousands of users. G. Babbitt said that most often the negative j
comments are what are received and may not be typical of the experience of the majority of
preserve users.
Gene Zambetti, Big Basin Way, Saratoga said he agreed with the potential hazard of runners
running down the hill and hikers or walking bicyclists walking up the hill. He asked about the
renovation of the pistol range. G. Babbitt clarified that the District will restore the property
to its natural condition, not renovate the property for a pistol range. Mr. Zambetti asked what
percentage of the current trails meet with the District's trail standards. R. Anderson said that,
while the trail standards are flexible, parts of section 3 are not up to standard and are being
r u that most of what is being proposed to retain meets standards.
recommended for closure, but g p po
S. Cochran continued that Caltrans will give the District$45,000 for the oak mitigation project
which will be used for resource management and trail projects on the preserve, and that
implementation of the plan is scheduled for spring of 1995.
John Lincoln, Los Gatos noted that the Los Gatos Trail Commission has found a public
easement on the east side of Los Gatos Creek to Main Street bridge and that a foot trail exists
from the bridge to the Novitiate Park. S. Cochran said the trail ties into the Jones trail and
there is a proposal to allow multi-use in the future. Mr. Lincoln said the Los Gatos Creek
Trail is expected to be finished in the fall and increased usage could be expected in the St.
Joseph Hill area.
There were several questions regarding the fencing around the oak mitigation area. R.
McKibbin asked if any consideration was given to fencing each tree rather than fencing the
entire area. S. Cochran said that each tree will be fenced for protection from deer and gophers
in addition to the fencing of the larger area. C. Britton added that the fencing plan is not only
to protect the trees but to protect the elaborate drip system that Caltrans will be installing.
Meeting 94-17 Page 4
S. Cochran noted that the historic Jones Trail alignment and current Jones Trail alignment was
constructed on the old flume right of way. She said that at the time of acquisition of the right
of way the Town of Los Gatos agreed to take title to the lower portion of the flume adjacent
to Novitiate Park and that they intended to preserve a portion of the flume for historical
purposes. She said staff has been working to transfer title of the lower portion of the flume
back to the town and are recommending dedication of the old right of way as open space, the
only part of the preserve that is not dedicated. N. Hanko said that at the last Use and
Management Plan she and K. Duffy had felt it important to preserve some element of the
flume. She asked how the dedication would influence the preservation of the flume. C.
Britton said that the District did not want the liability of a flume on District property and that
the District's portion that is recommended for dedication does not have a flume on it.
N. Hanko thanked S. Cochran and staff for a very comprehensive report. She noted that
Exhibit A omitted segment 10 of the trail map and that the second paragraph on page 26 was
in error, that the Dog Committee is reviewing dog use and that the material has not gone to
the use and managment committee. S. Cochran noted that the omission in Exhibit A had been
corrected.
G. Babbitt said that the existing trail map is misleading in that it says that dogs on leash are
allowed on all preserve trails and should refer to all St. Joseph's Hill trails.
H. Haussler asked if anyone has removed the expended lead from the target range and the
District's liability for it. R. Anderson said staff will attempt to leave the site undisturbed and
let natural restoration take place. H. Haeussler said that it should present no danger.
N. Hanko, referring to public comments listed on page 11, asked about the location of the
bench proposed by a member of the public. S. Cochran said the location was along the Jones
Trail by an oak tree. N. Hanko said there had been a shrine and bench and asked what had
become of the shrine. R. Anderson replied that it had either been vandalized or removed by
someone. N. Hanko said that it would be a good idea to have a bench in the area, perhaps
where the shrine was located.
Motion: R. McKibbin moved that the Board tentatively adopt the revised Comprehensive
Use and Management Plan for St. Joseph's Hill Open Space Preserve as contained
in the staff report. P. Siemens seconded the motion. The motion passed 7 to 0.
D. Adoption of Ap=dix A to District's Rules of Procedure Establishing Procedures and Standard
Forms for Closed Sessions (Report R-94-68)
S. Schectman explained that she is proposing adoption of an appendix to the District's Rules
of Procedure to standardize the format for the required public notice of items to be discussed
in closed session, the adoption of a formal rule of confidentiality of closed session discussions
except where disclosure is required by the Brown Act or authorized by the Board, and standard
forms to ensure compliance with the new Ralph M. Brown Act which governs public meetings
of legislative bodies.
Discussion centered on the definition of employee, whether the Board could meet in closed
session to discuss the hiring of a Board consultant, and what information is appropriate for
individual Board members to discuss in terms of closed session items. N. Hanko proposed
amending Standard Form No. 2 to state "Personal authorized to disclose information
Meeting 94-17 Page 5
authorized to be disclosed...". S. Schectman noted that closed session discussions are
confidential, but final actions must be disclosed.
Mom: T. Henshaw moved that the Board adopt Appendix A to the District's Rules of
Procedure and the amended Standard Form No. 2. R. McKibbin seconded the
motion. The motion passed 7 to 0.
VII. INFORMATIONAL REPORTS
C. Britton reported that the Board had received invitations to the Sunday, June 12 Stevens Creek
Trail dedication and ground-breaking and asked if any Board member would be attending. G.
Babbitt said she would attend. C. Britton reported that in response to a request from N. Hanko and
B. Crowder, staff would stamp the corresponding agenda number on reports in Board members'
packets.
C. Britton distributed copies of the working calendar from the Action Plan/Goals and Objectives
Workshop, noting that some dates had been changed to more realistically reflect timeframes. He
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reported that he and M. Smith attended budget hearings in Sacramento and met with Ralph Heim.
He distributed a summary of the votes on all the ballot propositions. He said M. Smith will be
getting precinct analyses so areas of support can be identified. C. Britton continued that the District
does not have a legislative program at this time and the Legislative, Finance, and Public Affairs
Committee should meet to propose a legislative program to be in place by January of next year. He
suggested the District host a breakfast for local legislators to discuss a legislative program. He
i continued that he had written Marshall Burak of San Jose State regarding the Mt. Umunhum study
and he had asked for additional time to evaluate the potential use of the facilities by the school.
B. Crowder reported that she attended a Ridge Trail event in San Francisco to honor William Penn
Mott.
II
G. Babbitt said that Vice President P. Siemens will attend the Legislative, Finance, and Public
Affairs Committee meeting on June 9 as an alternate since T. Henshaw could not attend, and she,
as the designated alternate, could not attend either.
T. Henshaw reported that she will be absent from Board meetings for the next six weeks because she
will be attending a symposium at Harvard University.
members who worked on the telephone bank for
k all the Board and staff
W. de Wit thanked
ep
Proposition 180.
J. Escobar reported that there had been nine injuries, eight of which were solo bike accidents on
preserves during the May 14 to June 1 period. He displayed the new tee shirts that docents will be
wearing. He said that, in answer to a question from the last meeting, skateboarding and rollerblading
are prohibited under District ordinances.
I
R. Anderson reported that Santa Clara County agricultural department will conduct a test involving
the release of weevils to eat yellow star thistle at Fremont Older Open Space Preserve. He said he
attended the San Mateo County Alternative Funding Committee's presentation of an interim status
report on the budgetary status of the County Parks and Recreation Department. He noted that the
Planning Program will host a "Show and Tell" presentation on June 24 from Noon to 3 PM at La
I
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Meeting 94-17 Page 6
Honda Creek Open Space Preserve and invited Board members to attend. He said a meeting has
been scheduled at 7:00 P.M., July 20 to review the draft Resource Management Policies.
S. Schectman reported she had distributed copies of an updated attorney-client memo to keep the
Board informed of legal matters. She added that she had contacted the general counsel for East Bay
Regional Park District to meet and establish a group of attorneys who represent special districts to
share ideas and resources.
M. Smith reported that the District has obtained a mailing list of s ish-s households in
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Redwood City, San Carlos, and other cities and will send the spanish language version of the
District's fact sheet to the homes. He said that the Annual Report has been distributed to the Board.
P. Siemens reported he had attended a Santa Cruz County LAFCO meeting on special district
representation on LAFCO. He said the group is dealing with the rules on latent powers, and that
they are breaking ground that the Santa Clara County LAFCO may later wish to follow. He asked
staff to review the draft rules to insure that the District's interests are protected. C. Britton said
that Ralph Heim would be interested in speaking to the Santa Clara County Special District's
Association about passing resolutions requesting representation.
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VIII. ADJOURNMENT
The meeting was adjourned at 10:12 P.M.
Emma Johnson
Recording Secretary