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HomeMy Public PortalAbout20040825 - Minutes - Board of Directors (BOD) Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (AA H: ItAISN{.; ;0 1I.AW, 01 0PIN' SPA(' ' PRP.4Ftt VA I 1()N 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