HomeMy Public PortalAbout19730328 - Minutes - Board of Directors (BOD) Meeting 73-7
MIDPENINSULA REGIONAL PARK DISTRICT
Board of Directors
March 28, 1973 Sunnyvale Community
Center
I. CALL TO ORDER AND ROLL CALL
President Wendin called the meeting to order at 7 : 45 p.m.
Members present: Daniel Condron, Nonette Hanko, William Peters,
Daniel Wendin
Members absent: Katherine Duffy
Audience of 3 persons .
II. MINUTES OF MARCH 14
N. Hanko corrected page 6, paragraph 3, line 5 - strike campsites,
insert "campers" .
Motion: D. Wendin moved that the minutes of March 14 be accepted
as corrected. Second by D. Condron. Passed unanimously.
Meeting 73-7
MIDPENINSULA REGIONAL PARK DISTRICT
Board of Directors
March 28, 1973 Sunnyvale Community
Center
I. CALL TO ORDER AND ROLL CALL
President Wendin called the meeting to order at 7 : 45 p.m.
Members present: Daniel Condron, Nonette Hanko, William Peters,
Daniel Wendin
Members absent: Katherine Duffy
Audience of 3 persons.
II. MINUTES OF MARCH 14
N. Hanko corrected page 6, paragraph 3, line 5 - strike campsites,
insert "campers" .
Motion: D. Wendin moved that the minutes of March 14 be accepted
as corrected. Second by D. Condron. Passed unanimously.
MINUTES OF MARCH 21
D. Condron corrected page 3, Section B, line 2 - strike Kelly,
insert "Kelly" .
Motion: D. Wendin moved that consideration of these minutes be
tabled for further review by the Directors. Second by W. Peters.
Passed unanimously.
III. REPORTS
A. Establishment of Public Meeting Place
It was agreed that the room at the Community Center was a de-
sirable meeting place. D. Condron has reserved its use for
MRPD on the second and fourth Wednesdays through July. He will
arrange for another table. N. Hanko suggested that a map to
the Community Center be included for the next several meetings.
W. Peters suggested that the building also be designated - Buil-
ding 3, Multi-purpose Recreation Center, Senior Citizens Area.
Motion: N. Hanko moved that the District adopt the Community
Center as its location for a public meeting place.
Second by D. Condron. Passed unanimously.
W. Peters called a point of order, stating that additions to
the agenda are not called for routinely by the President at the
beginning of each meeting. He stated that there was an agenda
omission - the item considering a name change for the District.
President Wendin pointed out that this would appear on the April
11 agenda, since K. Duffy asked that it be scheduled at a time
when she would be present. President Wendin stated that since
he asks for further reports or new business he did not feel it
necessary to ask for additions at the beginning of each meeting.
It was also stated that items should be placed on the agenda in
advance when at all possible.
B. Liability Insurance
D. Wendin reported that the District had received two identical
offers - one from United States Fidelity and Guarantee and one
from World Globe. Each covers $300,000. 00 blanket general liabil-
k
II. MINUTES OF MARCH 28
D. Condron corrected page 1, MINUTES OF MARCH 21, correct spell-
ing is "Kelley" , not Kelly.
D. Condron corrected page 3, eighth paragraph should read "Presi-
dent Wendin thanked Mr. Norton . . . "
Motion: D. Wendin moved acceptance of the minutes of March 28 as
corrected. Second by D. Condron. Passed unanimously.
I
j
i
Meeting -7 . . . page 2
ity, $50, 000. 00 property damage and $300 ,000 - $100,000 -
$50,000 for automobile liability when driving on District
business. Both policies are offerred at $75.00 per year.
He had flipped a coin to determine which company was to be
accepted.
Motion: D. Wendin moved acceptance of the offer of United
States Fidelity and Guarantee for the insurance policy
at $75. 00 per year. Second by D. Condron. Passed
unanimously.
D. Wendin explained that the policy was in force, being issued
as of March 1. It was agreed that when the policy is presented,
a resolution would be passed accepting it.
C. Finances
Stanley Norton reported that the County has loaned MRPD $15,000
and presented the check to President Wendin. Mr. Norton said
that while a resolution he had given previously to the President
was probably unnecessary, it was up to the Directors whether
they cared to act on it. He also reported that the loan was
being made by the County with interest waived. The agreement
is for MRPD to determine in three months if there is a need for
an additional $15,000. 00 and similarly three months thereafter.
The ext-ent of the authorization is $45, 000. 00. The County is
authorized by statute to withhold the amount of the loan in De-
cember when they collect taxes for MRPD.
Motion: D. Wendin moved that Resolution 73-8, authorizing the
Midpeninsula Regional Park District to secure an exten-
sion of credit in the amount of $100,000.00 from the
Bank of America be rescinded. Second by W. Peters.
Passed unanimously.
President Wendin read Resolution 73-9 authorizing re-ceipt of
loan from County of Santa Clara pursuant to Government Code
Section 23010 which had been drafted by S. Norton.
Motion: D. Wendin moved the adoption of Resolution 73-9. Se-
cond by N. Hanko.
W. Peters asked if it would be appropriate to thank the
Board of Supervisors for taking this action. It was
agreed that the Treasurer would send such a letter.
Motion passed unanimously.
W. Peters and D. Condron expressed their desire to have copies
of resolutions in advance of the meeting even when the item is
on the agenda. N. Hanko pointed out that the money was made
available only the day before and the problem was in accepting
the check tonight or waiting two weeks.
President Wendin asked W. Peters to report on the bank to be
used for the MRPD checking account. W. Pters stated that he
and D. Wendin had acquired signatory cards from two Mountain
View banks. He stated the reason that any of the banks did
Meeting 73-7 . . . page 3
not loan to MRPD was not that they were unwilling to but be-
cause they felt it was improper to do so in light of counsel
advice. Therefore, he did not feel MRPD should hold any par-
ticular bank culpable. Because of this he was unable to make
a choice as to which bank should be utilized.
N. Hanko stated that she felt the question was a different one
than previously. Now MRPD should be concerned with earning the
highest interest on the $15,000. 00, and perhaps should consider
putting the money in a savings and loan association. D. Wendin
explained that since MRPD had to have a checking account what
was to be done with the excess was a separate question.
W. Peters asked D. Condron to choose one of the two envelopes
in order to select the bank to be used. The envelope selected
was from Wells Fargo Bank in Mountain View.
Motion: W. Peters moved that the MRPD open a checking account
with Wells Fargo Bank in Mountain View and that the
signatories to the account shall be Daniel Wendin, Presi-
dent and William Peters, Treasurer, jointly. Second by
D. Condron.
D. Condron asked if this was the time to also discuss
the idea -of placing some of the money in a savings
account. D. Wendin felt that more information would
be necessary to make this decision, such as interest
rates, ability to draw out funds, etc. W. Peters will
investigate further.
Motion passed unanimously.
President Wendin asked that W. Peters and secretary work out
some system of record keeping for claims and receipts and stated
that he did not feel it necessary for Directors to file claims
for their monthly compensation. N. Hanko said it washer under-
standing that the State would be sending forms to MRPD for filing
of a summary report of expenditures.
President Wendin thanked Mr. Morton for carrying through and
obtaining the loan for MRPD.
N. Hanko asked how payments would be received. W. Peters said
they would be mailed.
It was agreed that W. Peters will review all claims.
D. Final Report on SB-90
Mr. Norton reported that the Marin County counsel has accepted
the Attorney General' s opinion and therefore Assemblyman Bagley
has abandoned his remedial legislation. Monterey Peninsula Re-
tional Park District was concerned that Assemblyman Hayden had
also dropped his proposal. Mr. Norton wrote Mr. Hayden explain-
ing the dilemma of being a part of an omnibus-kind of corrective
legislation. Mr. Hayden has replied that he is continuing to
carry the legislation and is not dropping it.
Meetir. 3-7 . . . page 4
Mr. Norton said he questions whether it is in the MRPD' s best
interest for him to continue to pursue this in a really active
way. While he would continue to be in touch with Mr. Hayden,
he didn' t feel the MRPD should continue to pay him for more
active pursuit.
D. Wendin asked if there would be time for filing a declaratory
judgment action in the event of no corrective legislation and
Mr. Siegel' s decision to not approve tax collection. Mr. Norton
felt that Mr. Siegel should declare this by the middle of July
and that there would be time for action. Mr. Norton explained
that August is the deadline because the Assessor prepares his
roll at that time and the proposed budget of MRPD must be sub-
mitted then.
President Wendin thanked Mr. Norton.
Brown Act with Respect to Land Acquisition
Mr. Norton handed out a written, confidential report to the
Directors. He read his conclusion:
"It is my conclusion that the Board of Directors may hold
executive sessions with its attorney when the subject under
discussion is whether the acquisition of a particular parcel
of land is strategic in the implementation of the Board' s
general land acquisitions scheme or plan and to formulate
specific strategies for any such acquisition, when the public
disclosure of such strategy and the ingredients thereof (e.g. ,
consideration of appraisals, the amount the Board is willing
to pay for property, etc. ) would give a significant advantage
to the District' s adversary or potential adversary (the land-
owner) and thus be contrary to the public interest. "
Mr. Norton explained that there are two legal remedies which
could be sought for violation of the Brown Act:
1) Misdemeanor for knowlingly holding a meeting and
taking action
2) Taxpayers ' suit - enjoin, from holding such meetings
in the future
Mr. Norton stated that his opinion is not binding on a court
and would only be persuasive. A court could disagree with
the opinion, particularly where this opinion applies to a
particular fact situation. The court admonishes that the
attorney-client privilege not be used to violate the Brown
Act.
D. Wendin asked if the key to the opinion was that failure to
meet in private session would injure the public interest in
some way. Mr. Norton agreed.
W. Peters stated his understanding then is that the Directors
could agree to take options on property in executive session
and direct staff to secure the options without public announce-
ment. D. Wendin explained that the actual decision to take up
Meetiz. '3-7 . . . page 5
the option - actually paying the amount - would have to be
made in a public hearing.
President Wendin suggested that the Directors review the report
and decide at the next meeting if it should be released.
President Wendin thanked Mr. Norton.
President Wendin asked for further reports.
V. RESOLUTIONS AND ORDINANCES
N. Hanko presented Resolution 73-10 urginguse of 1973 California
State Budget surplus for urban and regional parks and open space.
She reported that upon reviewing the resolution and the June 1974
bond measure there is no way that the two could be related. The
only revision from the copy sent to MRPD by Barbara Eastman was
that copies of the resolution would be sent to the Governor and
representatives of the State Legislature, but not Board of Super-
visors and City Councils since she felt it was not necessary to
include these bodies.
Motion: N. Hanko moved the adoption of Resolution 73-10 urging
use of 1973 California State Budget surplus for urban
and regional parks and open space. (President Wendin
read the entire resolution for benefit of audience. )
Second by D. Wendin.
W. Peters suggested a grammatical change of word "educa-
tional" to "education" in the fifth WHEREAS.
Motion passed unanimously.
VI. NEW BUSINESS
N. Hanko raised the question of having the secretary provide cof-
fee for MRPD meetings. W. Peters stated that the adjoining room
has a wet bar and coffee pot.
Motion: D. Wendin moved that the secretary be authorized to spend
up to $20. 00 for required coffee paraphenalia. Second by
D. Condron. Passed unanimously.
President We-ndin asked for further new business.
VII. WRITTEN COMMUNICATIONS
N. Grench asked which of the Directors would like to receive copies
of the minutes from the Monterey Peninsula Regional Park District.
N. Hanko and D. Condron indicated that they would.
Letters received by the President concerning Older Ranch will be
copied and distributed to the Directors.
VIII. ORAL COMMUNICATIONS
Art Ogilvie stated that he is representing himself when attending
MRPD meetings and not the Santa Clara County Planning Department.
The minutes of March 21 will be so corrected when they are again
considered.
Meeting -7 . . . page 6
Nancy Holmes, 843 Moana Court, Palo Alto asked to speak concerning
the discussions held with Mr. Amyx at the last meeting. She
expressed concerns and confusion about what Mr. Amyx plans are for
salt pond #1. Her main concern is that Charleston Slough and the
surrounding area is of high wildlife value and that it could be en-
dangered by park development and high use by people.
N. Hanko stated that Mrs. Holmes should be talking with the County
Parks and.Recr-eation--Comission, about. the ,glans since they are the
ones-acquiring property in the area.
Mrs. Holmes said that she would like MRPD to consider the area fur-
ther at a future meeting. W. Peters stated that he would like to
have a study session about the area, and invite a variety of people
in to make presentations, including Mr. Carlson, Chief Engineer for
Mountain View Shoreline Park. Art Ogilvie said that the coming
conservation element of the General Plan would provide another
view and scale of values for consideration. D. Wendin expressed
a desire to have, perhaps in May, a presentation which would in-
clude someone from the Wildlife Refuge. N. Hanko agreed this would
be valuable.
Art Ogilvie described the 32 acre parcel included in the County
Parks & Recreation Department' s proposed addition to the Alviso
Marina as a pickleweed marsh which provides habitat for the salt
marsh harvest mouse, an endangered species.
W. Peters agreed to set up a presentation on the baylands for one
of the May meetings.
President Wendin asked for any other oral communications.
IX. CLAIMS
President Wendin presented the following claims:
N. Hanko . . . . . $119 .16 (expenses)
K. Duffy . . . . . 60.98 (expenses & mileage)
N. Grench . . . . . 310.07 (time & expenses)
L. Klein . . . . . 75.00 (legal services)
J. Struthers . . . . . 10 . 00 (expenses)
Motion: D. Wendin moved approval of the claims presented. Second
by D. Condron. Passed unanimously.
The meeting was recessed to the home of Daniel Condron, 930 Aster,
Sunnyvale for executive session.
X. ADJOURNMENT
The meeting was adjourned at 11:15 p.m.
Norma Grench
Secretary