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Regional Open 5 ^ 1a
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 97-05
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
February 26, 1997
MINUTES
I. ROLL CALL
President Mary Davey called the Special Meeting to order at 7:02 P.M.
Members Present: Mary Davey, David Smernoff, Betsy Crowder, Ken Nitz, Jed Cyr, and
Pete Siemens.
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Members Absent: Nonette Hanko
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Personnel Present: Craig Britton, Sue Schectman, Jean Fiddes, John Escobar, and Deirdre
Dolan.
II. CLOSED SESSION
M. Davey stated that the Board would adjourn to Closed Session for the purpose of
discussion Closed Session Agenda Item 1.
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The Board recessed to Closed Session at 7:05 P.M. and the Closed Session commenced at
7:05 P.M. The Board concluded the Closed Session at 7:25 P.M. and M. Davey called the
Regular Meeting to Order at 7:31 P.M. M. Davey said the Board had had a Special Meeting
to discuss Agenda Item 1, adding no action was taken.
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Additional Personnel Present: Malcolm Smith, Annette Coleman, David Sanguinetti, Jodi
Isaacs, Julie McCullough, and Brian Malone.
III. ORAL COMMUNICATIONS
Harry Haeussler, 1094 Highland Circle, Los Altos, asked for clarification of the statement
by the Board President regarding the closed session. He was informed that the agenda atert,
1 mentioned referred to the item on the Special Meeting agenda.
IV. ADOPTION OF AGENDA
Motion: P. Siemens moved that the Board adopt the agenda. D. Smernoff seconded the
motion. The motion passed 6 to 0.
V. ADOPTION OF CONSENT CALENDAR
Harry Haeussler requested removal of Item 4 from the Consent Calendar. P. Siemens and
B. Crowder asked that the response to the Written Communication from Mr. Richard Bourke
be removed. B. Crowder asked that the February 18, 1997 minutes be removed.
330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200
FAX:415-691-0485• E-mail: mrosd@openspace.org • web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko;Betsy Crowder,Kenneth C.Nitz• General Manager:L.Craig Britton
Meeting 97-05 Page 2
Motion:. D. Smernoff moved that the Board adopt the Consent Calendar including
approval of the minutes of the February 13, 1997 Special Meeting and Revised
Claims 97-04. B. Crowder seconded the motion. The motion passed 6 to 0.
V. APPROVAL OF THE MINUTES
February 18. 1997
B. Crowder requested that the words "for emergency patrol" be removed from the last line
on page 5.
Motion: J. Cyr moved that the Board approve the February 18, 1997 minutes as
amended. D. Smernoff seconded the motion. The motion passed 6 to 0.
VI. WRITTEN COMMUNICATIONS
Richard Bourke, P. O. Box 7207, San Jose, clarified that he had attended the Santa Clam
County Trails Master Plan Committee meetings and would like to see the District comply
with the spirit and policy of the plan.
S. Schectman said she thought Mr. Bourke's specific question was whether or not the District
is obligated to follow various policies and guidelines of the County plan, and she said the
District is legally not required to follow the plan, adding that that was not to say that it is
inappropriate to use it as a planning and resource document. She said the District cannot
control what the County says in reference to the District being an implementer.
Mr. Bourke asked if the District was going to follow the plan. M. Davey said that a plan is
a guide; while the District supports the plan, it also has a constituency to respond to. Mr.
Bourke said he thought the public will be confused regarding the Santa Clara County Trails
Master Plan and its relationship to District trails.
C. Britton referred to a quote from the plan contained in the written communication response
letter which states that jurisdictions other than the County government are not required to
follow the polices and guidelines in the plan.
Motion: B. Crowder moved that the Board approve the response to the Written
Communication from Mr. Richard Bourke. P. Siemens seconded the motion.
The motion passed 6 to 0.
VIII. BOARD BUSINESS
Agenda Item No. I - ftuest to California Public Employees' Retirement System
(Cal E'ER S) to Divest Itself of its Financial Investment Interest in the Maxxam Corporation -
ftp= R-97-M
D. Smernoff said he was considering a general resolution regarding this issue but thought
this resolution more directly addressed the District's role. He said he hoped this resolution
will encourage other agencies to urge CaIPERS to divest.
B. Crowder said this resolution had her full support and requested that the fifth paragraph of
Meeting 97-05 N Page 3
the resolution be amended to read, " WHEREAS, while the federal and state governments
are attempting . . ."
Motion: B. Crowder moved that the Board adopt Resolution No. 97-07 as amended, a
Resolution of the Board of Directors of the Midpeninsula Regional Open Space
District, Urging the Directors of the California Public Employees' Retirement
System to Divest the System of All Financial Interest in the Maxxam
Corporation. J. Cyr seconded the motion.
Discussion: H. Haeussler said he believed District's employees should be concerned about
this resolution. He said CalPERS has hired people to manage its funds. He
said by passing this resolution the Board is meddling in the affairs of these
financial advisors and he strongly objected.
C. Britton said the District is part of Ca1PERS as a policy decision of the
Board so the Board is the correct group empowered to make this decision.
The motion passed 6 to 0.
Agenda Item No, 2 - Ag=tance of the Informational Revort on the Ranger, Bicycle Patrol
Program in 1996 - (R=rt R-97-22)
A. Coleman presented the staff report and noted that the draft Bicycle Patrol Procedures was
included. In answer to a question from B. Crowder, she said they had not considered using
radar on the bicycles, but you can walk with radar. The bicycles are equipped with
speedometers. Radar is used with trucks or on foot.
In answer to questions regarding the 22 hours of preparation time, A. Coleman said this
breaks down to 16 minutes per patrol and might include time for minor repairs and
adjustments. D. Smernoff said he thought the time was reasonable and might be a reason
there have not been accidents or injuries.
A. Coleman said citations are usually issued at the ranger's discretion. They issue more
citations on weekends and late afternoons of week days. She said rangers are trained in
emergency response, and the hygiene kit mentioned in the report contains rubber gloves, a
mask and goggles. She said bicycle patrol is allowed on all trails, including trails that are
not open to bicyclists.
J. Escobar pointed out that the Bicycle Patrol Procedures are in draft form and thanked A.
Coleman for her report and work on the procedures. He said they anticipate having more
patrol hours next year.
B. Malone said he supports the program and it is a good way to have contact with the pubic.
He said people are very receptive, and the rangers look forward to more hours and asked for
the Board's support of the program in the future.
H. Haeussler said most dogs on Windy Hill Open Space Preserve are not on leash and e
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Meeting 97-05 00 00 Page 4
wished the rangers would patrol on bicycle at Windy Hill.
Motion: D. Smernoff moved that the Board accept the informational report on the
ranger bicycle patrol program. J. Cyr seconded the motion. The motion
passed 6 to 0.
Agenda Item No. 3 - AAggolance of Informational Report on the Use of Radar Program in
1996 fflQQrt R-97-2-
D. Sanguinetti presented the staff report. In regard to decisions to issue or not issue
citations, he said the rangers try to be consistent as a group and use citations when they feel
they will help accomplish their goals.
D. Sanguinetti said the radar guns are very accurate and are calibrated annually.
D. Smernoff observed that there was a small increase between 1995 and 1996 in the number
of those going over 20 mph. He found this encouraging since he believed the increase in
ridership was greater than 2%.
D. Sanguinetti said it is not safe to use radar on bikes and B. Malone said it works better to
walk with radar. He cited the Saratoga Gap Trail as an area where it could be used on foot.
B. Crowder said she would like the Use and Management Committee to look at the matter of
30% of riders exceeding the speed limit.
Board members indicated they would like to continue to receive the bicycle report as
presented this evening, but the radar report could be in chart form as part of their
informational packet material.
S. Schectman said that from a risk management perspective, staff is hopeful that the radar
program will have an impact on avoiding claims by encouraging people to slow down. She
noted, however, that there is currently a personal injury lawsuit allegedly caused by radar
use.
J. Escobar asked that Board members let staff know if there is a particular trail where they
feel radar should be used.
Motion: P. Siemens moved that the Board accept the informational report on the Radar
Program. J. Cyr seconded the motion. The motion passed 6 to 0.
Agenda Item No. 4 - Adoption of Amendment to Windmill Pasture Area. of Rancho San
Antonio tJoen Space Preserve Use and Management Plan to Address Parking Issues at Rhus
Ridge Road Parking Area - MQgrt R-97-24)
J. McCullough pointed out that Item 6 at the top of page 2 of the staff report should be in
bold type to indicate an amendment to the plan. She added that after the staff report was
mailed, staff had discussions with another neighbor of the site who was concerned about
overflow parking in the meadow and also would prefer expansion of the existing parking area
Meeting 97-05 Page 5
by moving the gate and putting the creek into a culvert.
M. Davey said she had received several calls expressing mixed reviews of the Board's
action.
D. Smernoff suggested an addition to Item 10 that when overflow parking area was closed as
a result of opening a regional parking area, some restoration work be done on the meadow.
H. Haeussler said he was opposed to the temporary parking as it will destroy something that
will never be brought back to is original condition. He asked who has jurisdiction regarding
the Sheriff issuing tickets and when they were going to do it. He expressed concern as to
what effort the District will put into establishing regional parking.
J. McCullough responded that the Town of Los Altos Hills contracts with the Sheriff and
residents have petitioned to have the private road put under the Sheriffs jurisdiction. As to
regional parking, she said staff was uncertain as to when that would happen.
M. Davey said the Board has sent a letter to the Town of Los Altos Hills expressing their
support of asking the Sheriff to ticket illegally parked cars along Rhus Ridge Road. She said
meetings are going on now regarding regional parking.
Michael Marshall, Los Altos, said he did not think the action regarding overflow parking
was coming this month and he did not understand why the District's implementing temporary
parking at this time. He proposed that the Board delay the temporary parking or vote on all
but parking beyond the gate and wait to see how the signs and enforcement work. He said
he did not think there had been a thorough discussion as stated in the record. He indicated
he would be happy to show the Board the meadow area. He expressed concern regarding
Items 6 and 10. He said he thought they should take out all signs except the ones stating the
rules and add one that said neighborhood access only.
J. Cyr said that he wanted it clear that the temporary parking compromise would be linked
with the timing of implementation of Sheriff jurisdiction over the private road. Board
members indicated that this was their intention as well.
As a follow-up, C. Britton said this will not be an easy process. There is a question as to
who will pay for the Sheriff patrol and Legal Counsel will look at what the District can do.
He read from the public notification policy regarding the procedure for action on items.
Motion: P. Siemens moved that the Board adopt the amendment to the Windmill
Pasture Area of the Rancho San Antonio Open Space Preserve Use and
Management Plan to address parking issues at the Rhus Ridge Road parking
area, amended to add wording to Item 10 that the overflow parking site will be
restored to improve the habitat quality after other parking becomes available.
D. Smernoff seconded the motion. The motion passed 6 to 0.
Meeting 97-05 Page 6
VIH. INFORMATIONAL REPORTS
B. Crowder reported that the San Mateo County Planning Commission had held the first
hearing about the Russian Orthodox Church development plan this afternoon and the matter
had been continued. She also reported that she and Jean Rusmore had started on the revision
of South E!ay Trails She said they had met with Paul Romero, Santa Clara County Parks
and Recreation Director and he informed them that a foundation has been formed to support
county parks. B. Crowder also stated that the annual PCL Legislative Conference will be
held March 15 in Berkeley and she would like to attend.
P. Siemens announced that he will be on vacation from April 14 through July 18.
D. Smernoff said he had enjoyed hiking the Zinfandel Trail at Picchetti Ranch.
J. Cyr said the three-day Special District seminar in Long Beach that he, K. Nitz, and C.
Britton attended was well worthwhile. K. Nitz agreed, and they thanked the Board for the
opportunity to attend.
M. Davey commended M. Smith on the third Annual Kids for Open Space art event. She
said she was meeting tomorrow with representatives from Hidden Villa to discuss regional
parking.
C. Britton reported as follows: 1. There was a note in the Board's packet regarding SB 2
(Thompson); the park bond is hopefully heading for the 1998 ballot. 2. Also regarding
legislation, he and M. Smith went to the Legislative and Public Affairs Committee and a
summary of the 1996 legislative program and the program for next session will be on the
next agenda. 3. He met with Pat O'Brien, General Manager of East Bay Regional Park
District, to talk about legislative matters. They had previously talked about the Special
Districts Forum which will be in Columbus, Ohio, June 11-14. Mr. O'Brien has offered to
host the Forum in 1998 and asked for the District's participation. Board Members should let
C. Britton know if they are interested in attending the Forum in June. 4. The annual
legislators breakfast will be held in Brisbane on March 22 . B. Crowder said she would
attend.
IX. ADJOURNMENT
The meeting was adjourned at 8:59 P.M.
Roberta Wolfe
Recording Secretary