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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