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HomeMy Public PortalAbout19730314 - Minutes - Board of Directors (BOD) Meeting 73-5 MIDPENINSULA REGIONAL PARK DISTRICT Board of Directors Hillview School March 14 , 1973 Los Altos I. CALL TO ORDER AND ROLL CALL The meeting was called to order at 7 : 35 p.m. by President Wendin. Members present: Daniel Condron, Katherine Duffy, Nonette Hanko, Daniel Wendin, William Peters . Audience of approximately 10 persons. II. MINUTES OF FEBRUARY 28, 1973 K. Duffy suggested the following additions: Page 2 Items IV. 4 , 5, and 6 - Add at the end of line 1 in each case " (Planning and Policy Committee) " Page 2 Item IV. 6 - Last sentence should read Mr. Amyx will report on the County Parks and Recreation Department' s plans for the baylands at the March 21 meeting. " Motion: D. Wendin moved the adoption of the minutes as corrected. Second by N. Hanko. Passed unanimously. Meetii 73-5 MIDPENINSULA REGIONAL PARK DISTRICT Board of Directors Hillview School March 14, 1973 Los Altos I. CALL TO ORDER AND ROLL CALL The meeting was called to order at 7 : 35 p.m. by President Wendin. Members present: Daniel Condron, Katherine Duffy, Nonette Hanko, Daniel Wendin, William Peters. Audience of approximately 10 persons. II. MINUTES OF FEBRUARY 28, 1973 K. Duffy suggested the following additions: Page 2 Items IV. 4 ,5, and 6 - Add at the end of line 1 in each case " (Planning and Policy Committee) " Page 2 Item IV. 6 - Last sentence should read Mr. Amyx will report on the County Parks and Recreation Department' s plans for the baylands at the March 21 meeting. " Motion: D. Wendin moved the adoption of the minutes as corrected. Second by N. Hanko. Passed unanimously. III. REPORTS W. Peters asked if this was the time to add reports to the agenda. President Wendin said reports could be added at the end and any other items would come under New Business. A. Establishment of Public Meeting Place W. Peters reported that the City Council Chambers in the three towns under consideration (Mountain View, Sunnyvale, and Cupertino) were not available for use by the MRPD. Since one of the criteria for a meeting place was comfor- table seating, the site alternatives were greatly reduced. The best possibility he felt was the "small meeting room" of the Community Center in Sunnyvale -which holds 40 per-' sons and has comfortable seating. The Community Center is not yet open and he was unable to review the room. Concensus was that W. Peters should petition the regular use of the room and arrange for its use on March 28. (The secretary to cancel prior arrangements made for Serra Park facilities. ) After meeting at the Community Center the Directors could decide on it as a permanent site. B. Liability Insurance D. Wendin reported that he had received only one of two requested quotations - one from U. S. Fidelity and Guaran- tee. For $75. 00 per year the MRPD can obtain a $300 , 000 blanket, general liability policy covering personal injury and property; and $50,000 injury caused to other' s property. The same policy includes $100 , 000, $300, 000 , $50,000 stan- dard automobile liability insurance when driving own car on District business. The company issued the policy as of March 1 and the District may accept or reject it. D. Wendin recommended waiting for the second quote before taking action. This report will be on the March 28 agenda. Meeting 73-5 . . . page 2 C. Finances Mr. Norton stated he had two reports. 1. Loans to the District Mr. Norton reported that the Bank of America on advice of counsel has "backed off" from making a loan. Mr. Norton felt that the bank was more interested in the MRPD deposits than in loaning the District money. While this was understandable, he felt that a point should be made before any future deposits are made to the bank. When the Bank of America' s position became clear, Mr. Norton spoke with William Siegel, Supervisor Victor Calvo, and Howard Campen of the County. He referred the Directors to his letter of March 8 outlining the District' s needs for $15,000. 00 now, $15,000. 00 in three months and $15, 000. 00 three months thereafter. The in- terest rate which the County will probably ask is 4% . Subsequent to the letter, Mr. Campen placed the District' s request on the March 20 Supervisors ' agenda. Mr. Norton will attend that meeting to answer any questions. He does not foresee any problems and will report to the Di- rectors at their March 28 meeting. 2. SB-90 Mr. Norton stated that since his last report 1) the Monterey Peninsula District had contacted him stating they share the identical problem and 2) that Mr. Siegel has not received a response from Mr. Bagley concerning the attempt to include MRPD in his amendment. Mr. Norton has sent a letter to Assemblyman Hayden ex- plaining Mr. Siegel' s desire to obtain corrective legis- lation and asking Mr. Hayden to contact Mr. Bagley con- cerning the addition of sub-section I covering MRPD and the Monterey Peninsula District. The secretary was asked to distribute copies of this letter to all Directors. N. Hanko asked if Mr. Norton felt that this corrective legislation is necessary before the County would collect taxes in December. Mr. Norton stated that while Mr. Sie- gel is uncomfortable doing so he has indicated he would probably proceed on the basis of the Attorney-General' s opinion and authorize the tax collection. Mr. Norton feels that Mr. Siegel will not give definite assurance because he would like the District to seek the corrective legislation. N. Hanko asked if this was a separate consideration from the legislation authorizing the District to borrow for operating expenses. Mr. Norton agreed that these are separate and that for this reason the County is not con- cerned by SB-90 in respect to making the loan while the Bank of America was. Meeting 7.:, page 3 D. Wendin stated that probably other banks would have also hesitated to loan because of SB-90. He pointed out that Wells Fargo had hinged their offer on the opinion of the same law firm that was used by the Bank of America. Mr. Norton agreed that he had no reason to think that another bank would have interpreted the situation differently. W. Peters said that the Assistant Manager of the bank had called him to express concern that his hands were tied and he could not take action contrary to the legal opinion. W. Peters had understood that a Bank of Ameri- ca representative would attend the meeting and asked that he be introduced if he arrived later. President Wendin asked if there were any other reports that the Directors wished to bring up. D. Wendin brought up the matter of a file cabinet report which was not on the agenda. He suggested that the Directors wait until there was money available, but he felt there were prob- ably good used ones obtainable at $30-$40 each. W. Peters stated that he had previously suggested authorization of a fixed amount and each Director acquire what he or she wanted. President Wendin asked for further reports. D. Condron asked N. Hanko what the status was of the report on the Southern San Jose annexation. N. Hanko stated that the Santa Teresa tour was postponed until March 17 due to rain on March 1. The report she was to have made hinged on this tour. N. Hanko asked that Directors who plan to attend the tour in- dicate it to her so that she would be able to notify them of any change in plans. IV. NEW BUSINESS D. Wendin read a resolution from Barbara Eastman urging use of the 1973 California State budget surplus for urban and regional parks and open space. N. Hanko pointed out that according to the Rules of Procedure a resolution, which has not been placed on the agenda, can be discussed under new business but cannot be acted upon at the meeting. She further stated that she would like to incorporate other information into a possible resolution - that concerning the upcoming State bond issue. President Wendin suggested that N. Hanko review the resolution and place its consideration on the agenda for March 28. President Wendin observed that the representative from the Bank of America had arrived. W.Peters introduced Mr. Richard O'Brien, Vice President from the Mountain View branch. Mr. O'Brien said that the legal counsel was unable to give an opinion authorizing the loan to the District. The Bank was willing to lend but was unable to do so without this legal authorization. W. Peters Meeting 73-5 . . .page 4 informed Mr. O'Brien that the District has decided to go to the County for the loan and asked what other services the Bank was able to provide. Mr. O'Brien stated that the bank has a representative from their governmental agency division who could advise the Directors as to financial probl&ms. He would be willing to meet with the Directors - free of charge - at any time. President Wendin thanked Mr. O'Brien for attending. V. WRITTEN COMMUNICATIONS D. Wendin received a copy of a letter to Mr. Jerry Kent from the Monterey Peninsula District suggesting a study-session meeting of the newly-formed Districts with the East Bay Regional Park District to discuss common problems. N. Hanko stated that she felt this would be of great value to the new General Manager whenever he or she is hired and would like to see it postponed until that time. D. Wendin will respond indicating MRPD' s interest in such a meeting. VI. ORAL COMMUNICATIONS W. Peters asked if this was the appropriate time to add items to the agenda. President Wendin asked him to give his reports. W. Peters noted that the Grand Jury of Alameda County has com- mented on the fiscal affairs management by the East Bay Regional Park District and he would like the MRPD to receive a copy of this report. He also reported that recent freezing conditions have necessitated the large expenditure of surplus funds by the East Bay District for removal of dead trees. He pointed out that this is the type of expenditure which would be considered a pos- sibility when the MRPD is drawing up the contigency portion of its budget. W. Peters expressed opinion that endangered species should be• one criterion for selection of land parcels by the District. He suggested the possibility of establishing a resource venter. Art Ogilvie stated that at the present time there are six speci- fic endangered wildlife species in the County which are already inventoried and 15 endangered vegetation species. These will be charted on map overlays included in the Conservation element of the County General Plan. The Directors will be asked to a preview of this element possibly around the first of June. D. Wendin pointed out that there are two excellent libraries in the area - at the Peninsula Conservation Center and the one be- longing to the Sierra Club. He also suggested that Jerry Grow be asked to prepare a short list of books which the Directors might have for quick reference. W. Peters suggested the starting of a list of tasks for the Meeting i . . . page 5 General Manager to undertake when he or she is hired. Presi- dent Wendin requested that items for this list be submitted in writing to the secretary. D. Wendin asked Mr. Norton what the status is of the expected report on the Brown Act in relationship to land acquisition discussions. Mr. Norton replied that it would be ready for the March 28 meeting. W. Peters reported further on his visit to Washington, D. C. He had reviewed the Environmental Protection Agency' s grant application forms and felt that these did not apply to the needs of the District. He also secured a copy of the Cata- log of Federal and Domestic Assistance. He visited the HUD offices and learned that ABAG holds a grant for planning the area which includes the District. It was suggested that the MRPD might be eligible as a sub-contractor under this grant. W. Peters suggested that establishment of a land acquisition strategem for the MRPD might be a possibility. If the General Manager position is not filled shortly, W. Peters will make contact with ABAG to see if they are completely committed for the coming fiscal year, beginning July 1, 1973. Another governmental project which W. Peters offerred to follow-up is a U.S. Geological Survey study which is produc- ing a county map designed to include an open space element. A recent report states that the USGS is not certain it will be able to complete the open space element as planned. Accord- ing to W. Peters understanding the proposal would do much of the work which will be necessary for the District. He will follow-up with a possible resolution. N. Hanko asked that any of these items which W. Peters anti- cipated requesting action on be sent to her in written form in advance of the meeting so she will have opportunity to review. W. Peters agreed. W. Peters reported that the offices of the National Recreation and Parks Association are in Maryland, near Washington, D. C. , but he had not been able to visit them. Mr. Ogilvie stated that they are an association of professional organizations. D. Wendin said he would write to have the Di- rectors put on the mailing list for the Association' s newsletter. W. Peters asked that an agenda item for the next meeting be a proposed name change for the District. D. Wendin asked Mr. Nor- ton to explore the procedure required for such a change. Since K. Duffy, who will be unable to attend March 28 , would like to take part in this discussion it was decided that the item be placed on the agenda of April 11. K. Duffy reported that she has met with the Monte Sereno City Council. While they still have questions concerning special districts , she felt it was a friendly meeting. President Wendin asked for oral reports from members of the public. Meeting 7. . . . page 6 Herb Grench, a member of the County Parks and Recreation Commission, discussed the San Jose Water Works property. The property is basically three parcels: 1) a 1000 acre parcel containing Lake McKenzie 2) a 70 acre piece with two small lakes 3) a 300 acre parcel in the Trout Creek watershed Mr. Amyx has recommended acquisition by the County of 1) and 2) which are more capable of development, and against acqui- sition of 3) which is steep and probably only suitable to hiking trails. Mr. Grench felt that since 1) is such a desirable area even under minimal development, it would experience high use. This would necessitate patrolling and maintenance by the agency who acquired the area. He does not favor Mr. Amyx' plan of several hundred campsites and road improvements for this parcel. He suggested this might be a possible item of discussion when the Directors meet with Mr. Amyx on March 21. Mr. Grench saw 2) as a logical County acquisistion since it is near Highway 17 and could be easily developed with picnic and parking facilities. He wished the County could be more inte- rested in 3) for its open space value, but felt it might be an area the the MRPD would wish to consider. Art Ogilvie reported that in an earlier meeting with Mr. Amyx he indicted that the County would not be interested in the 300 acre parcel. He also stated that the San Jose Water Corpora- tion has realized it can import water more cheaply than it can continue to be a landowner. He felt that the MRPD should be given the opportunity to acquire this property. He would also not like to see development for heavy recreational use. K. Duffy reported that she had received a call from a represen- tative of the Lexington Hills Association who stated he would prefer MRPD acquisition of the property because he felt the District was more concerned with open space values. The meeting was recessed from 9 :10 to 9: 20. President Wendin asked for any further oral communications. Joan Brown raised the question of why the District would buy file cabinets for the Directors. As a constituent she would not like to see District funds used for this purpose. VII. CLAIMS Motion: N. Hanko moved payment be made to N. Grench for the following claim: Office supplies $ . 52 Copying . . . 8. 74 Postage . . . 16. 80 Typing table . . . 37.73 Mileage . . . 4. 20 $67 . 99 Second by D. Wendin. Passed unanimously. Meetinc '­5 . . . page 7 President Wendin asked that since the District is subject to audit, substantiating receipts accompany all claims. K. Duffy asked what telephone expenses would be reimbursed,.-- , President Wendin said those which were made concerning "District business" . President Wendin recessed the meeting to a closed executive session for the discussion of two personnel matters and two legal matters. VIII. ADJOURNMENT The meeting was adjourned at 10 : 45 p.m. Norma Grench Secretary