HomeMy Public PortalAbout20040825 - Minutes - Board of Directors (BOD) Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
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Meeting 04-18
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
August 25, 2004
MINUTES
SPECIAL MEETING
1. ROLL CALL
President Mary Davey called the meeting to order at 6:35 p.m.
Members Present: Jed Cyr, Nonette Hanko, Larry Hassett, Deane Little
(arrived at 7:10 p.m.), Ken Nitz, Pete Siemens, and Mary Davey
Members Absent: None
Staff Present: Craig Britton, Sue Schectman, Mike Foster
II. CLOSED SESSION
M. Davey stated that the Board would adjourn to Closed Session to discuss
Closed Session Agenda Items 1, 2 and 3.
The Board recessed to Closed Session at 6:35 p.m. and the Closed Session
commenced at 6:35 p.m. The Board concluded the Closed Session at 7:00 p.m.
REGULAR MEETING
III. M. Davey called the lZegular Meeting to order at 7:35 p.m. She announced that
the Board had discussed Closed Session Agenda Items 1, 2 and 3 in Closed
Session and that no reportable actions had taken place.
Additional Staft'Present: Del Woods, Ana Ruiz, Michael Newburn, John
Maciel, Gordon Baillie, Rudy Jurgensen, Mike Williams, Cathy Woodbury, Dave
Sanguinetti, S. Thielfoldt
IV. ORAL COMMUNICATIONS—There were none.
V. ADOPTION OF AGENDA
33o Distel Circle 650-6 j1-12o0 info openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,.left Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 65o..6g1-048S fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton
Meeting 04-18 Page 2
Motion: J. Cyr moved that the Board adopt the agenda. P. Siemens
seconded and the motion passed 7 to 0.
VI. ADOPTION OF CONSENT CALENDAR
Staff answered questions about Claim 41403 (annual consortium fee) and 41410
(drawings being finalized).
Motion: K. Nitz moved that the Board adopt the Consent Calendar,
including Agenda Item 6, Approve Revision of Board Policy BP-
03-01 Salaried Employee Policies and Procedures to Reflect
Changes in the Department of Labor Regulations that Became
Effective August 23, 2004; and Revised Claims 04-13. L. Hassett
seconded the motion. The motion passed 7 to 0.
VII. BOARD BUSINESS
A. Agenda Item No. I — Proposed Addition of the Curto Property to the
Cathedral Oaks Area of Sierra Azul Open Space Preserve (Santa Clara
County Assessor's Parcel Number 558-26-004); Determine that the
Recommended Actions are Categorically Exempt from California
Environmental Quality Act; Adopt the Attached Resolution Authorizing
Purchase of the Curto Property•, Tentatively Adopt the Preliminary Use
and Management Plan Recommendations Contained in This Report and
Naming, the Property as an Addition to the Cathedral Oaks Area of Sierra
Azuj Open Space Preserve-, Indicate Your Intention to Withhold
Dedication of the Property as Public Open Space at this Time — (Report R-
04-81).
D. Woods showed photographs of the property and presented the staff
report. He said the eucalyptus trees are confined to one area. The cabin
on the property burned during the Lexington fire. There were no permits
on record for that cabin.
M. Williams outlined the terms and conditions of the acquisition.
Motion: K. Nitz moved that the Board determine that the
recommended actions are categorically exempt from the
California Environmental Quality Act as set out in the staff
report; adopt Resolution No. 04-28, Resolution of the
Board of Directors of the Midpeninsula Regional Open
Space District Authorizing Acceptance of Purchase
Agreement, Authorizing General Manager or Officer to
Execute the Certificate of Acceptance of Grant to District,
and Authorizing General Manager to Execute Any and All
Other Documents Necessary or Appropriate to Closing of
Meeting 04-18 Page 3
the Transaction (Sierra Azul Open Space Preserve — Lands
of Curto); tentatively adopt the Preliminary Use and
Management Plan recornmendations contained in the staff
report and name the property as an addition to the
Cathedral Oaks Area of Sierra Azul Open Space Preserve;
and indicate their intention to withhold the property from
dedication as public open space at this time. L. Hassett
seconded the motion.
Discussion: K. Nitz suggested that the agenda title be changed to make
it clear at the beginning that they are purchasing the
property.
C. Britton noted that Matt Sagues came up with the idea for
the aerial photograph. Board Members expressed
appreciation.
Vote: The motion passed 7 to 0.
B. Agenda Item No. 2 - Adoption of Ordinance 04-01 Amending, District's
Land Use Regulations and Adoption of an Amended Bail Schedule —
(Report R-04-80).
C. Britton said that the ordinance had gone to LFPAC twice. He noted
that the Committee had no recommendation regarding Section 412,
Nudity. They recommended a change in Section 807 to add Subsection
807.1, t) because of a letter received requesting permission to scatter
cremains.
Chapter 1, Definitions.
G. Baillie reviewed the chapter.
Section 103, District, District Lands Defined - K. Nitz asked about
licensed land. S. Schectman said the District does have licensed land
which means the District has permission to use land temporarily.
Section 109, Water Areas of the District Defined - K. Nitz asked if it
should include dry creeks, high tide areas, and oceans. S. Schectman
explained what the District's jurisdiction Would be.
K. Nitz asked if the words "transport water" should be added to the last
line of the definition.
Section 104, Person Defined - Tony Kramer, 372 Ferne Avenue, Palo
Alto, asked about the word "servant." S. Schectman replied that it is an
f
Meeting 04-18 Page 4
all-encompassing legal term. She said they wanted to be as inclusive as
possible.
There were no questions or comments on Chapter II, Regulations.
Chapter III, General Rules
G. Baillie said that Sections 304, Citations for Misdemeanors; 305,
Willfully Violating Written Promise to Appear; and 306, Arrest Warrant
Following Failure to Appear, were directly from the Public Resources
Code. The ordinance identifies infractions. If not identified as an
infraction, it is a misdemeanor.
T. Kramer asked where the court referred to in Section 304 was located.
G. Baillie said it would depend on where the citation was issued.
Chapter IV, Preserve Uses— General
Section 401.1, Swimming, General - K. Nitz asked if the District had any
Designated Areas regulated in the section. G. Baillie said the District does
not, but this allowed for flexibility in the future.
T. Kramer said Sections 401.1 and 401.2, Swimming, Definition, need a
better definition of what a water contact activity is. Ile said the definitions
are vague.
G. Baillie said staff tried to make the language specific enough.
L. Hassett agreed with Mr. Kramer. He said he thought staff should take
another look at it.
D. Little said he would prefer to see us leave some of these things to the
discretion of the rangers.
S. Schectman said they could do one of two things: 1. Add the language,
"except upon a designated trail." 2. Keep the definition of water contact.
C. Britton said there are trails that ford streams and that should be
addressed.
P. Siemens said staff should keep in mind that they allow hiking
everywhere in the District.
K. Nitz asked if this would affect bicyclists. G. Baillie said it would not.
III
Meeting 04-18 Page 5
J. Maciel said if the bicycle is on a designated trail, they would not cite
them. He noted that only Section 401.2 is changed in this amendment.
Don Savant, 10196 Carol Lee Drive, Cupertino, said that as a docent, he
frequently leads hikes on the trail that commemorates former Director
Betsy Crowder. He said his grandchildren frequently wade in the water at
Rancho San Antonio.
T. Kramer added that this is the first chance he has had to read the
ordinance. He was concerned about rogue rangers and said they need to
be more precise so someone will not misuse the rules.
D. Savant asked if wading is disallowed.
D. Sanguinetti said staff wanted to make Sure consideration is given to the
fact that in more recent years, water Courses have been recognized as
fragile areas. The things mentioned could cause damage downstream.
D. Savant said he leads a hike at Henry Coe Park during which they walk
through creeks.
D. Little explained the difference between a parks agency and an open
space agency such as the District. He said the creek is a unique and rare
habitat.
Section 405.2, Sanitation, Use of Facilities - K. Nitz said there was no
definition of waste in the section. S. Schectman said staff could clarify by
saying refuse or garbage.
Section 406.1, Metal Detectors, General - K. Nitz asked why metal
detectors were banned. C. Britton replied that it was because people
would dig if they detected something.
Section 407.2, Disturbing the Peace, Interference With Use of District
Lands - G. Baillie said staff deliberately did not include protests in this
section.
Section 407.3, Noise - K. Nitz asked about "energy amplification."
Section 407.4, Lawful Order— K. Nitz asked if it included other peace
officers. S. Schectman said this was covered by other Penal Code
sections.
Section 408.1, Organized Groups Special Events and Activities Defined -
K. Nitz asked about the term "electronic posting." G. Baillie said it was
Meeting 04-18 Page 6
designed to be broad enough to include what might be available in the
future.
Section 409, Miscellaneous Activities
Section 409.1, Fireworks - K. Nitz asked if"storage" should be added. S.
Schectman said they could add the word "deposit."
Section 409.3, Golf - K. Nitz commented that there are lots of golf balls
on some preserves.
Section 410, Alcoholic Beverages
Section 410.1, General - K. Nitz asked about the definition of picnic. S.
Schectman said it would be impossible to write legislation that defined
every common term.
Section 412, Nudity
P. Siemens asked that if they want to keep this section, they use his
wording.
N. Hanko said the original ordinance did not include this information on
purpose. The past Board did not think it would be a problem.
S. Schectman talked about the difference between the Penal Code versus
what the District ordinance is trying to accomplish. This rule gives
officers discretion in enforcing.
M. Newburn said there had been one incident at Deer Hollow Farm and
rangers had no rules to enforce.
C. Britton explained why this was before the Board. He said they need to
trust that rangers will use discretion.
N. Hanko commented that the committee members had different wording
for this section. J. Cyr said they wanted wording regarding location added
to the first sentence. He said if they needed to have the section at all, lie
would be happy with P. Siemens's wording.
N. Hanko said she could argue for not including the section, but if they
want to keep it, use P. Siemens's and J. Cyr's wording.
S. Schectman said the rule would apply to small children.
Meeting 04-18 Page 7
L. Hassett said he had a problem when one gender had regulations that did
not apply to the other.
S. Schectman said they were adopting policy to address user conflict.
S. Thielfoldt added that the public has an expectation when they are on
public land. It is very hard to prove intent under that section of the Penal
Code.
Section 405.4, Public View - D. Little asked about this section. G. Baillie
said the intent was to set a minimum standard of decency. It means in an
area where you might be seen.
J. Cyr suggested using the same wording as Section 412. Ile wondered if
they could ban defecating within 50 feet of a trail. C. Britton said maybe
they would want to separate the two.
Section 410.2, Designated Area — G. Baillie said prohibited area means
alcohol is prohibited. S. Schecti-nan said they Could say "an area where
alcohol is prohibited."
T. Kramer said lie was confused by the term public view. He said a
misdemeanor is serious. He thought treating defecation and urination
separately was appropriate. He added that the terms in Section 412 should
be better defined.
A woman in the audience said she believed people should take toilet tissue
out of the area when they leave.
D. Savant said he thought metal detectors were harmless. He asked about
tailgating after a hike. Staff informed him it is allowed. He talked about
the regulation making 40 people coming to the properties being punishable
as a misdemeanor, noting that he did not encounter these rules anywhere
else. He objected to putting arbitrary numbers in the regulations.
Section 405.4, Public View - K. Nitz said he did not see violation of this
section as a misdemeanor.
C. Britton suggested making Section 405.4 define urination as an
infraction, and Section 405.5 added to make defecation a misdemeanor.
Motion: N. Hanko moved that Section 412, Nudity, be stricken. P.
Siemens seconded the motion.
Discussion: L. Hassett said he supported keeping the first sentence. J.
Cyr said he did not think it would be used very often.
Meeting 04-18 Page 8
Vote: By the following roll call vote, the motion failed:
AYES: N. Hanko, P. Siemens, M. Davey
NOES: J. Cyr, L. Hassett, D. Little
ABSTAIN: K. Nitz
Motion: L. Hassett moved that the Board adopt the first sentence of
the proposed Section 412. P. Siemens seconded the
motion.
Discussion: S. Schectman said it was a matter of enforcement discretion
regarding children. She said they cannot write a regulation
that is perfect for every occasion.
Vote: The motion passed 5 to 1 with Director Davey voting no
and Director Nitz abstaining.
G. Baillie posted a calendar of permits for August. It showed a lot of
activity. He said the reason they use a number is that they need to have a
standard in place.
C. Britton said that Section 408, Organized Group Special Events and
Activities, was debated by the LFPAC Committee and this is their
recommendation.
r
i G. Baillie said other agencies do have permittini, requirements.
Chapter V, Preserve Uses, Riding/Hiking Trails
Section 500.2, One-way Trails - K. Nitz was informed that the one-way
provision applied only to bicyclists.
K. Nitz pointed out that the word "lands" in Section 500.4, and the words
"saddle" and "pack" in Section 501.1 should be capitalized because they
are part of a definition. He noted that Section 502.6 had no title. He was
informed that Section 503, Trespass, was removed because it was
addressed by the Penal Code. N. Hanko said staff ought to make sure
trespass is addressed. S. Schectman said they could make reference to the
Penal Code section.
Chapter VI, Preserve Uses—Commercial Revenue
Section 602.1, Harvesting and Planting, General — L. Hassett asked about
the application of this section to the Christmas tree farm and the chestnut
trees. C. Britton said the tree farm has a permit. They will not enforce it
i
Meeting 04-18 Page 9
in the chestnut orchard while they are looking for a tenant. In every case,
"permission" means written permission.
Section 603.1, Commercial Filming, General - T. Kramer said they need
to make the section clearer. G. Baillie noted that the only change to this
section was the addition of the word "digital." It is how the section is
interpreted. D. Sanguinetti said one of the rangers takes photographs of
nature and has shows. S. Schectman said she would look at that section.
Chapter V11, Preserve Features— Protection
Section 700.6, Hunting and Fishing, Collecting and Feeding, Feeding — S.
Schectman said the words "without permission" could be added in the first
sentence after the words, **No person shall feed."
Section 700.3 — It was noted that this section had no title.
Section 700.1, Fishing— K. Nitz suggested adding trapping.
Section 70 1.1, Animals, Dogs — G. Baillie said the reason for limiting it to
three dogs was that this section was directed at commercial dog walkers.
Section 700.5, Collecting Insects - T. Kramer said ticks might be removed
if they are on people or animals. He said they needed to be more careful
with the wording.
Section 702.1, Plants—T. Kramer talked about seeds in socks.
Section 702.5, Special Permission — T. Kramer asked how lie could get
special written permission. G. Baillie said he would need to apply to the
Operations Manager.
Chapter V111 — District Lands Operations, General
G. Baillie explained that Section 800, Littering, had been removed as it is
pre-empted by the Penal Code.
Section 80 1.1, Parking, Restrictions —Applies only at Rancho at this time.
Section 803.1, Speed Limits, General — S. Schectman defined motor
vehicle.
Section 805, Prohibited Areas and Closures — G. Baillie talked about the
reason for designating violations as infractions or misdemeanors.
Meeting 04-18 Page 10
Section 805.1, Authority for Closures - G. Baillie said an area cannot be
closed without giving the reason and notifying the Board and the public.
Section 805.4, Posting of Closures - K. Nitz expressed concern about
large scale closures without notifying the public.
Section 805.6 Bicycle Operations After Hours - K. Nitz asked why just
bicycles.
Section 805.2, b), Types of Closures, Sensitive or Hazardous Area
Closures - S. Schectman said the word "agent" could be changed to
-representative."
Section 801.1, e), Parking, Restriction - Discussion followed regarding
this section. D. Little Suggested adding wording about obstructing
adjacent parking places.
T. Kramer asked for clarification of Section 80 1.1, i). He said he thought
this was an important section. Directors represent the public. He thought
it would be appropriate to get public input and that there should have been
public notice. lie said that just because something had been in the
ordinance for 20 years and no one has complained, it does not make it
right. He said he had not seen the public getting representation in this
proceeding, and approval should not be rushed through.
C. Britton explained that anyone who had shown an interest was notified.
Notice of all meetings had been posted as required by law. All agendas
are on the Internet. He said he felt staff had given public notice beyond
what was required. The document had been discussed at two committee
public meetings prior to this meeting.
J. Maciel talked about notification and stated staff had been working on
the ordinance for over a year.
S. Schectman said the Board could direct staff to bring back an
amendment to the ordinance. Ranger staff might not be able to cite for
awhile.
P. Siemens said the revision was based on the history of people coming
and talking to the District.
N. Hanko agreed with P. Siemens. She asked if the Board could pass it
and treat it as a living document. Staff could make an effort to get it out to
the public. She said she would like to do more in the way of promoting
the ordinance.
Meeting 04-18 Page I I
S. Schectman and G. Baillie left the meeting to work on wording for the
requested changes to the ordinance.
Bail Schedule
When asked about the main reason for the increases, J. Maciel explained
that there is a court cost of 170 percent on top of the fines. 'The District's
bail schedule is in the middle of those of other agencies in terms of
amount of bail. In answer to a question, J. Maciel said that staff goes to
court two or three times a month.
D. Little was concerned about someone poaching a deer. J. Maciel said
staff could enforce Fish and Game regulations.
D. Little said the $50 fine for removing plants, perhaps a rare orchid, is
much too low. J. Maciel said staff could use the federal rare, threatened
and endangered species regulations.
K Nitz asked why they could not raise the bail on some items. D. Little
suggested changing the bail in Section 702.1, damaging/removing plants,
to $100.
N. Hanko talked about the case on Skyline where someone cut down one
of the large Redwood trees. C. Britton said staff pursued that as a civil
matter and received $75,000 in restitution. lie said there is a whole body
of law on tree removal.
Motion: J. Cyr moved that the Board adopt the Amended Bail
Schedule. P. Siemens seconded the motion.
Discussion: K. Nitz said this was a chance to raise the bail schedule for
speeding by bicyclists. C. Britton said raising the bail
would probably not work because of Court protests.
Amendment: D. Little moved to amend the motion to increase the bail in
Section 702.1, damaging/removing plants, to $100. L.
Flassett seconded the motion. The motion passed 5 to 2
with Directors Siemens and Davey voting no.
Vote on original motion: The motion passed 6 to 0 with Director Nitz abstaining.
C. Agenda Item No. 3 - Notice of Intent to Participate in the San Francisco
Estuary Invasive Spartina Project• Authorize General Manager to Allow
for Use of Herbicides in Controlling Invasive Non-Native Smooth
Cordgrass (Sparti!l-a alterniflora) as Part of the Tidal Restoration Activities
at Ravenswood Open Space Preserve— (Report R-04-78).
Meeting 04-18 Page 12
Phil Greer, Wetlands Research Association, talked about how the non-
nataive Spartina invades the tidal channels where the Clapper Rail forages
and alters the hydrology of the marsh. Ile said they are using Rodeo as an
herbicide and explained that the objective is to get outboard stands as well
as inside until the natives can propagate. Ile added that at the current level
of funding, they probably could not get rid of the invasive.
Motion: N. Hanko moved that the Board authorize the General
Manager to execute the Notice of Intent to participate in the
Invasive Spartina Project to allow for the use of herbicides
in controlling the invasive non-native smooth cordgrass
(Spartina allernillora) as part of the tidal restoration
activities at Ravenswood Open Space Preserve. P. Siemens
seconded the motion.
Discussion: Mr. Greer said he will provide D. Little with information
on how to access the EIR. Ile said they are working to
make it a regional effort.
Vote: The motion passed 7 to 0.
D. Agenda Item No. 4 - Approval ofSalary Adjustment and Meritorious Pay
Award for District General Manager and Approval of District General
Manager's Employment Agreement-,, Adopt Resolution Approving General
Manager's Employment Agreement to Reflect a three point Adjusted
Salary and Approving a 5% Meritorious Pay Award—(Report R-04-82).
Motion: K. Nitz moved that the Board authorize a 5% meritorious
pay award based on the General Manager's performance in
meeting and exceeding his goals and objectives and a three
point salary adjustment for fiscal year 2004-2005,
retroactive to March 10. 2004; and adopt Resolution No.
04-29, a Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Approving
2004-2005 Salary Adjustment and Meritorious Pay Award
for the General Manager and Approving the District
General Manager's Employment Agreement. P. Siemens
seconded the motion. The motion passed 7 to 0.
E. Agenda Item No. 5 - Approval of Salary Adjustment and Meritorious Pay
Award for District General Counsel and Approval of' District General
Counsel's Ernplovment Agreement,• Adopt Resolution Approving General
Counsel's Employment Agreement to Reflect a three point Adjusted
Salary and Approving, a 5% Meritorious Pay Award — (Report R-04-83).
Meeting 04-18 Page 13
Motion: N. Hanko moved that the Board authorize a 5% meritorious
pay award based on the General Counsel's performance in
meeting and exceeding her goals and objectives and a three
point salary adjustment for fiscal year 2004-2005,
retroactive to April 1, 2004; and adopt Resolution No. 04-
30, a Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Approving
2004-2005 Salary Adjustment and Meritorious Pay Award
for the General Counsel and Approving the District General
Counsel's Employment Agreement. J. Cyr seconded the
motion. The motion passed 7 to 0.
The Board agreed to return to Agenda Item 2.
B. Agenda Item No. 2 (continued) - Adoption of Ordinance 04-01
Amending District's Land Use Regulations and Adoption of an Amended
Bail Schedule— (Report R-04-80).
S. Schectman reported that staff had proposed amendments to respond to
the Board and direction from the Board and public comments as follows:
• Add a definition, page 3, a new Section 115, of Public View: Public View
is defined as a location which can be seen from any road, trail, staging
area, parking lot, campground, picnic area, or other District structure or
facility.
• Page 7, Section 401.2, Definition of Water Contact Activity — When the
body of a person comes into physical contact with water areas by
swimming, washing, wading, etc. S. Schectman added that it is not
incidental contact, it must be those activities. They added at the end, "or
when using a designated trail." If a designated trail crosses a stream, that
is allowed.
• Page 8, changed the urination and defecation sections. Section 405.4,
Defecation, will be "No person shall defecate in Public View." That has
been defined and it will stay as a misdemeanor. A new Section 405.5,
Urination, will be added: "No person shall urinate in Public View." That
has been defined and will stay as an infraction.
• Page 9, Section 407.3, Noise — Regarding sound amplification, they
dropped the words "or energy."
• Page 11, Section 409.1, Fireworks, added, "No person shall possess,
deposit, or sell . .
Meeting 04-18 Page 14
• Page 12, Section 410.2, clarified that no one can possess alcoholic
beverages in an area where the General Manager or his or her designee or
authorized representative has been declared an area where alcohol use is
prohibited.
• Page 12, Section 412, Nudity - Substituted, "No person shall expose any
part of the pubic or anal region or genitalia while on District Lands in
Public View."
• Page 13, Section 501.1 - Will capitalize where directed.
• Page 13, 501.3, Carts and Wagons - "No person shall possess or operate .
• Page 14, Section 502.6-Add heading "Headsets and Earplugs."
• Page 14, Section 504, Trespass - Will say trespass on District Lands is
unlawful Linder Section 602 of the Penal Code. As defined in the Penal
Code, Trespass includes but is not limited to destruction of property and
unauthorized entry into District Lands or private property. It is not an
enforceable section, but is a reference to the Penal Code.
• Page 16, Section 603, Commercial Filming - No person shall conduct a
filming operation involving the use of film equipment, lighting props, or
other similar materials except for a single still, motion picture, video,
digital, or other camera for commercial purposes.
• Page 17, Section 700.6. Feeding - "No person shall feed without written
permission . . .-
• Page 18, Section 70 1.1, Dogs-Add parenthesis following b) 2.
• Page 20, Section 703.1, Unlawful Defacement - "No person shall cut,
carve, deface, write, paint, mark, or alter any natural or biological feature .
• Page 21, Section 809, Littering - Littering or dumping on District Land is
prohibited by Section 374 of the Penal Code.
• Page 22, Section 801, Parking, Subsection f) revised to say you cannot
park in such a place or manner as to block or obstruct the free flow of
traffic, or to obstruct the ability to remove a parked vehicle. Subsection i)
will be revised to say, -On District Lands after official hours as defined in
Section 805.3 except pursuant to a written permit."
Meeting 04-18 Page 15
• Page 23, Section 803.1, General — Second sentence, "No person shall
drive or operate a vehicle, motor vehicle, ride a horse, or operate a bicycle
at a speed greater than . . ."
• Page 24, Section 805.3, After Hours — Change to After Official Hours,
Use Prohibited. Defined term shall be, "No person shall remain on
District Land after Official Hours which are defined as . . ."
• Page 25, Section 807.1, 1), Crernains — Removal of word "human."
Subsection shall read: "The scattering of remains for commercial
purposes is prohibited."
Motion: P. Siemens moved that the Board adopt Ordinance No. 04-
01 amending the District's Land Use Regulations 93-1 and
all amendments thereto, as amended. J. Cyr seconded the
motion.
Discussion: D. Little said he had hoped the ordinance would ban
defecation within 30 feet of a trail. S. Schectman said they
stayed with Public View. If you are within 30 feet of a trail
and the ranger makes a determination that you are in public
view, he or she has the discretion to cite. D. Little said he
would rather see more of a distinction between people
urinating alongside a trail versus people defecating
alongside a trail.
J. Cyr asked about the electronic posting section on Page
10.
T. Kramer said the definition of Public View is very broad
now. He did not think Public View should be used for both
defecation and urination. D. Little agreed. S. Schectman
noted that they are treated differently in that one is an
infraction and the other is a misdemeanor. N. Hanko
agreed with D. Little. She said they did not want to
discourage older people from using District Lands.
J. Maciel noted that there would need to be changes to the
bail schedule to match the proposed changes. C. Britton
asked that as part of a motion, would the Board allow staff
to make the necessary changes to the bail schedule.
Amendment to motion:
D. Little moved that the Board change the ordinance to
state that no person shall defecate in public view nor within
Meeting 04-18 Page 16
25 feet of any District trail. N. Hanko seconded the
motion.
Vote on Amendment: The motion passed 7 to 0.
Vote on original motion: The motion passed 7 to 0.
Motion: J. Cyr moved that the bail schedule should conform to the
new chapter numbers and that the bail schedule be
accepted. L. Hassett seconded the motion. The motion
passed 7 to 0.
Vill. INFORMATIONAL REPORTS
N. Hanko: 1. She had a request from the Duveneck family for the Board to
attend the Humanitarian Awards Dinner on September 18 in honor of Byron Sher.
She had accepted, and Ira Ruskin would be her guest. 2. She received maps from
the City of Palo Alto for the trail alignment between Palo Alto and Skyline.
K. Nitz: 1. He referred to the article about Oscar Braun in the Independent on
August 14. The article was included in the clippings. 2. He asked about the
LFPAC meeting regarding the change of name for Mills Creek Preserve. The
meeting is scheduled for September 1.
M. Davey noted that the store next to Ken Fisher's office on Skyline has been
closed, and there was concern on the part of the constituents as to whether the
artifacts in the store belong to the District. C. Britton said staff would check on
that.
D. Little asked that staff look into the odor of marijuana along the trail in Monte
Bello.
J. Cyr said he did not receive the meeting packet.
C. Britton: 1. He had a set of tickets for the September 2 Giants game. 2. The
clippings included an article about the La Honda Fire Brigade receiving a grant to
buy their off road fire engine. The District will be providing the balance of the
money for that engine. 3. He received a letter from the Bay Area Ridge Trail
Council regarding the Neville property purchase. 4. C. Woodbury and he met
with San Francisquito Creek Committee regarding the JPA; they would like the
District to join. He met with Rich Gordon who also had an interest in the JPA. 5.
He met the new City Manager of the City of East Palo Alto. They are working on
Cooley Landing. They are working on putting something together to complete a
transfer from POST to East Palo Alto. 6. In the clippings there was a notice that
the mail ballot assessment district, a JPA between East Bay Regional Park District
Meeting 04-18 Page 17
and the County of Contra Costa, failed. Monterey Regional Park District's
passed.
C. Woodbury advised the Board that they would like to schedule the workshop for
resource management in September.
R. Jurgensen had a photograph of the Board.
J. Maciel said they are black lining tomorrow for the Russian Ridge burn next
week.
IX. ADJOURNMENT
At 11:56 p.m., the meeting was adjourned.
Roberta Wolfe
Recording Secretary