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HomeMy Public PortalAbout19850320 - Agendas Packet - Board of Directors (BOD) - 85-05 ting 85-05 t _,ntinued) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D•1,LOS ALTOS,CALIFORNIA 94022 (415)965.4717 CONTINUED REGULAR MEETING BOARD OF DIRECTORS Wednesday 375 Distel Circle, D-1 March 20, 1985 Los Altos , California A G E N D A The March 13, 1985 Regular Meeting was continued to Wednesday, March 20 , 1985 beginning at 7 : 30 P .M. (7 : 30) ROLL CALL ORAL COMMUNICATIONS OLD BUSINESS WITH ACTION REQUESTED (7 : 40) 1. Preliminary Action Plan for the Implementation of the Basic Policy for Fiscal Year 1985-1986 - H. Grench (7 : 50) 2. Interim Report on Search for Permanent District Office Headquarters - C. Britton (8 : 00) 3 . Use and Management Plan for Windy Hill Open Space Preserve - D. Hansen (8 : 20) 4 . Los Trancos Open Space Preserve Use and Management Plan Review - D. Hansen OLD BUSINESS WITH NO ACTION REQUESTED (8 : 35) 5. Special District Management Institue Report - T. Henshaw (8 : 40) CLOSED SESSION (Land Negotiation and Litigation Matters) ADJOURNMENT Staff reports for the above agenda items were distributed in the packet for the February 27 or March 13 Regular Meeting. TO ADDRESS THE BOARD: When an item you're concerned with appears on the agenda, please address the Board at that time. Otherwise, you may address the Board under OraZ Communications. When recognized, please begin by stating your name and address. Conciseness is appre- ciated. We request you complete the forms provided so that your name and address can be aceurateZy ineZuded in the minutes. Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin t M-85-43 ' (Meeting 85-05 f Ile March 13, 1985) :z;' MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM March 1, 1985 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Preliminary Action Plan for the Implementation of the Basic Policy for Fiscal Year 1985-1986 Introduction: This item (see report R-85-16 dated February 191 1985) was not taken up at your February 27 meeting, but was co ntinued until Mar ch 13. Requirement quiremen of a new key project was preliminarily approved on February 27, however, in connection with The Experimental Dog Program (see report R-85-13 dated February 6, 1985) . This had to do with the continuation of the experimental r,rogram. Discussion: The following item No. 5 should be added to the 1985-1986 Key Projects and Activities list in the Operations, Maintenance and Volunteer Subprogram: 5. Conclude the Experimental Dog Program on four sites using improved methods of data collection for evaluation and decide on which sites, if any, the program should continue on a more permanent basis. Recommendation: I recommend that you adopt the Preliminary Action Plan for the 1985-1986 Fiscal Year as contained in report R-85-16 and as amended per memorandum M-85-43. i "rDistriLuted at BeguI, le*etimT of March 13, 1985 �A ~,. Vuin"o Ranch Star Do"tc 2` Box 310 La Hondo, Calif. 94020 March ll ' 1985 Barry Turner, Director �iJpeninavla Regional O7en Space District 375 Diutel Circle Los Altos, Calif. 94022 Dear 8szcy: � I hand you o copy of the California Public Records Act. Z believe you have � baen ill advised. Par. 625 says YOU must determine pbetker to comply with � o written request for a copy of records within lO days and shall notify the person making the request of such determination and the reason therefore. � | Par. 2656.2 says: "Nothing in this chapter shall be cooatr" .d to permit an agency to delay access for purposes of inspecting public records. " The purpose of the act is defined: "Public Records Act (6250 at, rag.) was enacted with objective of increasing freedom of information and it is de- � eigoed to give public access to information in pnomeyoinn of public agencies. " � (L.A. Police Dept. vs. Superior Court for L.A. County (1977) 135 Cal Bcptr. 575 65 Ca. 2rd 661.) Your refusal to supply copies of all full names, A.P.N. numbers, addresses and description of property on your ''list of 700" per my nri.tLen request of February 20th is clearly illegal. If you honestly do not have this informa- tion in your files you could not have compiled the list' If you do not have ` this information in your [ilex your promulgation of the list was clearly capricious, incomplete and not in conformity with the "timely notification of property owners" undcr the Brown Act as amended. I know You have microfiche and a machine to study the films. If you do not have recorded ,he information sought by my request then Z demand to see your files on this matter. It has been 21 days since I wrote my letter to you and I have been unsuccessful in obtaining the information I wish. May I refer you finally to 9oc. 6257 : ". . . . or local agency upon any roqveat for e copy of records which reasonably describes on identifiable record ^ ^ . shall moha the records promptly available to any person. . ." Also yar. 6253 states: "(m) Public records are open to inspection at all times � during the Office kooca Of the state or local agency. � � Very truly yours, r-- - -` ^ -- - � Richard S. Bollia K3B:jb � Oocloovre � � cc: Leo Uimn/clsbnch | cc: Rebecca MorganDlstricc Attorney, Santa CIoco County State Senator � / � cc : James P. Fox � District Attorney, Sao Mateo County — ' Robert W. ~��^v� � Assemblyman, - District— cc ' Woodside Almanac c Peninsula l Times 6250, Legislative findings and declarations In enacting this chat. the Legislature, mindful of the rig) individuals to privacy, finds and declares that access tc, informat__., concerning the conduct of the people's business is a fundamental and necessary right of every on in is state. I Added by Stats.196S, c. 1473, p. 2946, § 39. Amended by Stats.1970> c• 575,p. 1150, § 6251. Short title This chapter shall be kno«'n and may be cited as the California Public Records Act. (Added by Stats.1968.C. 14".a Y 2946 : 39.) § 6252. Definitions As used in this chapter: (a) "State agency" means every state office, officer, depart- ment, division, bureau, board. and commission or other state agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (b) "Local agency" includes a county; city, whether general law or chartered; city and county; school district; municipal corpora- tion; district; political subdivision; or any board, commission or ; or other local public agency. agency thereof des an natural person, corporation, partner- ship, Pere includes on ship, firm, or association. (d) "Public records" includes any writing containing informa- tion relating to the conduct of the p s usiness'prepared, owned, used, or retained by any state or local agency re ardles of h sisal main- or or c aracteristics. u is records'T in the cu�eod�ed on of oraft- " or's office means any writing prepared acne ttt�-C1t3�TF"� er January 6, 1975. o photo- (e) "Writing" means handwriting, typewriting, printing, stating, photographing, and every other means of recording upon am form of communication or represen a ion, including letters, wor s. 'pictures sown s or symbols, or combination t ereof, an a S. a s magnetic or paper tapes, photographic i ms a d prints, m netic or unshed cards,discs, rums, and other documents. - 1968, e. 1473, p. 2946, § 39. Amended by Stats.1970, c. 62510 Definitions -^'c r,. 3209, § 2.) As used in this chapter: ; (a) "State agency" means every state office, officer, department, division, bureau, board,,and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof)or Article VI of the California Constitution. • (b) "focal agency" includes a county; city, whether general law or chartered; city and county; school district; municipal corporation; district; political subdivision; or any board, commission or agency thereof; or other local public agency. (c) "Person" includes any natural person, corporation, partnership, firm,or association.. (d) "Public records" includes any writing contamin information relating to the conduct of the public's busi ared,owned,used,or retained by any state o�ocal agency regardless of hysiial form or characteristics. r s m the custody o , or :_. Ms an y •n inB-prepared after January 6, 1975. Pared on or a -�'- (e) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording upon any form of communication or representation,including letters,words, pictures, sounds,or symbols, or combination thereof, and all papers, maps,magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums, and other documents. ` "Member of the public" means an rson exce t a member a ent officer or employee of a eral state, or local avency acting within the scope of his or her membe:rship,a ene office or �plovment. loci n UFS2 n 3fl30. 1.) § 6253. Public records open to inspection; time; guidelines and 7 regulations governing procedure (a) Public records are open to inspection at all times during the office hours of the state or enc *tizen as a o inspect any public record, except as hereafter provided. Every la—gFn a��apt­regulations statin the res to be followed when making its recor s available in accordance with this section. The following state and local bodies shall establish written guide- lines for accessibility of records. A be records. posted osted in a conspicuous ubli at the�offices of such jgdies and be available c v of such s a on of such conspicuous shallavailable mRgn_!tqjLest free of charge to any person requesting that body's records: Department of Motor Vehicles Department of Consumer Affairs Department of Transportation Department of Real Estate Department of Corrections Department of the Youth Authority Department of Justice Department of Insurance Department of Corporations Secretary of State State Air Resources Board Department of Water Resources Department of Parks and Recreation San Francisco Bay Conservation and Development Commission State Department of Health Services Employment Development Department State Department of Social Services State Department of Mental Health State Department of Developmental Services State Department of Alcohol and Drug Abuse § 6253 Note 30 & Inspection At common law every interested person was entitled to cliLding those of mu- c1co rations. ushet v. Department of Public �rvjcc o icy o.., geles(1918)170 P.653,M C.A. __7 i §"A § 6254. Exemption of particular records Text of section operative Jan. 1, 1981. Except as provided in Section 6254.7,nothing in this chapter shall be construed to require disclosure of records that are any of the fol- lowing: (a) Preliminary drafts, notes, or interagency or intra-agency memoranda which are not retained by the public agency in the ordi- nary course of business, provided that the public interest in with- holding such records clearly outweighs the public interest in dis- closure. (b) Records pertaining to pending litigation to which the public agency i a par y, or ims ma e pursuan o Division 3.6 (com- mencing with Section 810) of Title 1 of the Government Code, until such litigation or claim has been finally adjudicated or otherwise. settled. p (c) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy. (d) Contained in or related to: (1) Applications filed with any state agency responsible for the regulation or supervision of the issuance of securities or of financial 583 § 62554 PUBLIC RECORDS Title 1 institutions, including, but not limited to, banks, savings and loan as- sociations, industrial loan companies, credit unions, and insurance companies. (2) Examination, operating, or condition reports prepared by, on behalf of, or for the use of any state agency referred to in subdi- vision (1). (3) Preliminary drafts, notes, or interagency or intra-agency communications prepared by, on behalf of, or for the use of any state agency- referred to in subdivision (1). (4) Information received in confidence by any state agency re- ferred to in subdivision (1). (e) Geological and geophysical data, plant production data and similar information relating to utility systems development, or mar- ket or crop reports, which are obtained in confidence from any person. (f) Records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice, and any state or local police agency, or any such investigatory or security files compiled by any other state or local police agency, or any such investigatory or security files compiled by any other state or local agency for correctional, law enforcement or licensing purposes, ex- cept that local police agencies shall disclose the names and addresses of persons involved in, or witnesses other than confidential informants to, the incident, the description of any property involved, the date, time, and location of the incident, all diagrams, statements of the par- ties involved in the incident, the statements of all witnesses, other than confidential informants, to the persons involved in an incident, or an authorized representative thereof, an insurance carrier against which a claim has been or might be made, and any person suffering bodily injury or property damage as the result of the incident caused by arson, burglary, fire, explosion, robbery, vandalism, or a crime of violence as defined by subdivision (b) of Section 13960, unless the disclosure would endanger the safety of a witness or other person involved in the investigation, disclosure would endanger the succes.,;- ful completion of the investigation or a related investigation. (g) Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for emplo%- ment, or academic examination, except as provided for in Chapter 3 (commencing with Section 99150) of Part 65 of the Education Cody•. (h) ThP rnnrPnts of real estate appraisals, engineering or fea_Si- bility estimates and— valuations made for or by the state or local agency relative or to prospective public 594 Div. 7 INSPECTION § 6254 supply and construction contracts, until such time as all of the prop- erty has been acquired or all of he c�` o�ntraacc a rg eefnent OBI ned, provided, however, law of eminent domain shall not be affected by this provision. - (i) Inforrration required from any taxpayer in connection with the collection of local taxes which is received in confidence and the disclosure of the information to other persons would result in unfair competitive disadvantage to the person supplying such information. (j) Library~ circulation records kept for the purpose of identify- ing the borrower of items available in libraries, and library and mu- seum materials made or acquired and presented solely for reference or exhibition purposes. The exemption in this subdivision shall not apply to records of fines imposed on such borrowers. (k) Records the disclosure of which is exempted or prohibited pursuant to provisions of federal or state law, including, not but lim- ited 1 m ited to, provisions of the Evidence Code relating to privilege. (7) Correspondence of and to the Governor or employees of the Governor's office or in the custody of or maintained by the Governor's legal affairs secretary, provided public records shall not be trans- ferred to the custody of the Governor's legal affairs secretary to evade the disclosure provisions of this chapter. (m) In the custody or maintained by the Legislative Counsel. (n) Statements of personal worth or personal financial data re- quired by a licensing agency and filed by an applicant with such li- censing agency to establish his personal qualification for the license, certificate, or permit applied for. (o) Financial data contained in applications for financing under Division 27 (commencing with Section 44500) of the Health and Safety Code, where an authorize d officer ce of th e California Pollutio n Control Financing Authority determines that disclosure of such fi- nancial data would be competitively injurious to the applicant and such data is required in order to obtain guarantees from the United States Small Business Administration. The California Pollution ut on Con- trol Financing Authority shall adopt rules for review of individual re- quests for confidentiality under this section and for making available to the public those portions of an application which are subject to disclosure under this chapter. (p) Records of the University of California, Hastings College of the Law, and the California State University and Colleges prepared for or during collective bargaining sessions, or minutes of such ses- sions. Nothing in this section is to be construed as preventing any agency from opening its records concerning the administration of the 585 r - necoras § 6255. Justification for withholding of records The agency shall justify withholding any record by dernonstrat- in Tba-Fit-he r—ecord in—a-we—stion is exempt under express provisions of thi s 7is chapT—er or aton e s o the articular case t e epar�ticular case e t�Wep u Oic in- terest -Ic � v�, clearly rly outweighs t t serve 0 record terest�sem e �nM�a ;g,�e record pub is clearly outweighs the o ma ing_ �Lu�b e a e i 4gh1s pu lic interest served by disclosure of the record. § 6256. Copies of records Any person may receive a copy of an identifi ublic record or copy ereo po request, an exact copy shall be prove e un- less impracticabFe—to ch so. Computer data sh21_BF prove ffein a orm etermined by---the agency. § 6257. Request for copy; fee ;t for a copy of an identifiable public record or informa A reAuest 10, tion produced therefrom or a er if ie copy of suc record, sha be , accorno anied by Pa ..-a-fee or deposit TO the sta e or al agency, provided such f e shall not e ee e actual cost of provid- ing the copy, or The prescribed statutory. fee, if any, whichever is less. § 6258. Proceedings to enforce right to inspect or to receive copy of record Any erson may institute roe eding for injunctive or declara- tive relief in any court of competent jurisdiction to enforce is - rig t t inspect or to receive a copy o A ie record or class lic Te­c o F s under this chapter. The times for responsive pleadings and for'hearings in�such proceedings shall be set by the judge of the court with the object of securing a decision as to such matters at the earli- est possible time. § 6259. Order of court; contempt; court costs and attorney fees Whenever it is made to appear by verified petition to the superi- or court of the county where the records or some part thereof are sit- uated that certain public records are being improperly withheld from a mein -er of the pu 1c a court shall or er e o icer or erson charged with withholding the recor s lisclose the public record or sEow cause'why he should not o so. The court shall decie t iecase Mir examining the record in camera, if permitted by subdivision (b) of Section 915 of the Evidence Code, papers filed by the parties and such oral argument and additional evidence as the court may allow. If the court finds that the public official's decision to refuse dis- closure is no jl�e tified under - f Section 6254 or&2v5a.-�e shall order the public official to make the record public. If the judge determines t at 111:1 public official was Justified in refusing to make the record public, he shall return the item to the public official with- out disclosing its content with an order supporting the decision refus- ing disclosure. Any person who fails to obey the order of the court shall be cited to ;how cause­w5y_- h_e­iT not--in contempt off—court. The court sha award-c—ou—rt costs and--re-a-s-o-n-aMe--atLoi-tiey-fe-es to the plaintiff shoul e p a 1'10'11'evai in i ion iled pursuant to this sec riDn---S-u-ch-costs-and-T-e-es--sN all—be paid by the public agency of which the public official is a member or employee and shall not be- come a personal liability of the public official. If the court finds that the plaintiff's case is clearly frivolous, it shall award court costs and reasonable attorney fees to the public agency. (Added by Stats.1968, c. 1473, p. 2948, § 39. Amended by Stats.1975, c. 1246,p.3212, § 9.) t. Burden of proof § 6261. itemized statement of total k ,sutures and disburse- Burden f esta �lishin Ila le a under tfflrpulu� ealab!li.�h �. sent of any agency eq.) is _W��_ X.-Vallejos V.-ighway pa , ( Californiali Patrol 1979) 152 Cal-Rptr. 846. N ding Section 6252, an it mized statement of the total 89 C.A.3d 781. tu e 'tures and dis ursemen o an a ency provided for in Article 9 sectio ti 11 op Inspection. Virden 10 s dentialit 4 0 onent of confi- I n ha bbe open Inspection. has griar over alance of interest o strating, entia ty We of (Added by Stats.1975,C.1246,p.3211,§3.6.) ac �O- 74)'117 Cal.Rp'tr. 106, 42 C §6256.1 3d 645. (b) to for,collect appromatelv e and 3. Purpose distin reco Whic, are eman d in a sin e E!M21!L., P ct Public Records A (16250 at seg.) was • shall be conducted vr�fll all cacti enacted with olbiective of increasing free- W !,III, co ncv Navin su tantial i inaton o t e request or among two or r more dom of inforME-tion m.4 it is degirned to ents of the agency wing substantial subject matter interest therein.,. ve pub Ic ai'see n �ve, "'Oe" coin oa'�, to FniP,'o: e Los Angeles (Added by Stats.1981,c_ W, p. 3680, 3.2.) uper.0; Court for �c P County 5 CI.Rptr. 5 Angelesoa ('1977 75. Library References 65 C.A.3d 661. Records*I CJ.& Records§ 41. C.A.3d 661. 62562 Delay in access; prohibition; notification of denial; name of person responsible ♦k The Public Records Act (I =0 et seg.) favors disclosure of information con- delay access for earning the conduct of the People's busi an a e two U 911 IM this cha)t-er ah-a-11 be mnatrued to permit an a ens mesa. State, Division of Indus. Safety V. - I`0 0 isnectlit . ins�tmg�ubhsc Orr,�� An notification 0 ent o any request for records shall set forth the i _­—, Superior Court, for Los Angeles County iii an tat he denial. n - n responsible for t (1974) 117 C&I.Rptr, 726, 43 C.A.3d 77& positions of each person (Added by Stats.1981,c. 968, P, 3680, V3.3.) 7. Public records 6257. Request for copy; prompt availability; fee; reasonably segregable,portion after deletion If record is a public record an persona have access thereto as permitted by 1l.r of exempt portions Except with respect to public. records exempt by express provisions of law from disclosure,each Public Records Act (§ 6250 et seq.). I bes an a Person who may be the subject of par state or local agency, upon an or a copy 0 ticullar record souglit does not, because to, J n t�ll )ffMt1l available to 7 ao� identifiable record,ojtU�rmatio�nprodu t ere rom, s all make the record! 21! is Personally affected, have any greater M)I e. right than an n a ient 1111' irf;ei'covennir direct costs of-d a s y Person to examine reronj n reasonabl se ble . of a reco s a rson rcaue sting such record end, conversOy subject person iin. t., ter e etion o the portions whic are exe p y law. right to t MCI wre- ...d Los Angeles l,ot," 4 III D.SM, 3.5.) VePt- v. Superior Court for Los County (1977) of records; determination on compliance with request; mi.. 135 Cal-Rptr. 5Z, W. v of Wftj uest;_notice;-reasons 1Y Person may receive a*copy of any identifiable public record • In b.Or copy thereof. Upon request,an absence _Qf_ e '!!!t ive restrictions "3ct copy shall be Provided unless impracticable to do so. -interested Person is entitled to j,' 40terinioed by the agency. Computer data shall be'Provided in a form IMLY__—in�e_ IFIVI records, an the official 111111111:1Z111.111,an-tic 11211:111, Ir cue �--- A NY"not_a� v , —0 the Mawn aIIIM1 IJ�LISOMt-Of s shall termi6 within 10 days after the receipt to inspection hall d �%Of�uest records t 'Oul I h OLLUCh-MuLst whether to c;mr)lv A 1 in edia I noLi n makinw _rral�'��nc��ed in his pis eat Of Suchand the aso s therefor..." "' ly the pgrso is Purpose is nmxkd by Stats.1981,c. M, p.3680, 3.1.) neither un- Notes of Decisions," ih ��Ps.Atty.Gen. P-nd " I.. I . . ­ re isi'e fee,made pursuant to the California Public 5. Copies of recoras An tary or high Re rqdu,A.(§ 6250 et 30Q.)unless: (a)it is test material After prescribed copying and destruc- school district must provide a "emPt from disclosure by the act; (b) providing the cc"Of A twbOok or other written COPY would infringe copyright;. or Lion, a mechanical reader must be made irutructional W Providing the "W in the district P-nI to a request, material COPY would constitute an unreasonable burden available to the public for microfilm and uest.accompanied by operation of the district on the microfiche items and copies of records {_ 64 Ops.Atty.Cm IM 3-341. :--J to and documents must be made for the pub- VZOLL- Extension of time for detrininaii, lie if requested. 57 Ops.Atty.Gen. 307, on in unusual circumstances;-notice. , _,.i 6-20-74. unusual circumstances as .1 bed in Section 6256 may y wnit n no tee b the bead of t C me rescri he a tot x ns au e 0 in e u t tting 3. Public policy III!looll ina on is exr— na the reasons , R in 0 such notice sh 8 if a d t wou resn t m be Like the federal Freedom of Informs- YL MOM Man tion Act '(5 U.S.C.A_ 1 552 et seg.) upon which it was modeled, the general policy As used in this section-unusual circumstances"means, but only to'th'e'e;x_t'ent reasonably necessary of the California Public Records Act (11 to the Proper Processing of the particular request: (a) need to 6250 et seg.) favors disclosure. Cook v. fo a e ties P o re need fiein fie)d,facilities or'otber establish- Craig (1976) 127 Cal.Rptr. 712,55 C.A-3d are:sePa7rate rom the�office�Processing he request ' 773. indicate deletions by 2. Purpose Public Records Act (169250 et seg.) was enacted with objective of increasing fr6e- dom of information and it is designed to give public access to information in pos- session of public agencies. Los Angeles Police Dept. v. Superior Court for Los Angeles County (1977) 135 cEa.Rptr. 575. 65 C.A.3d 661. L G, r 4 1 IV 71, v IY Z,2 A CC � �l S8/ET/S Jo buTgGGW jpTnb@E qp pad ngTl-4SzQ