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HomeMy Public PortalAbout19731212 - Minutes - Board of Directors (BOD) Ling 73-25 MIDPENINSULA REGIONAL PARK DISTRICT Board of Directors Minutes December 12, 1973 Sunnyvale Community Center I . CALL TO ORDER AND ROLL CALL President Wendin called the meeting to order at 7 :40 p.m. Members present: Daniel Condron, Katherine Duffy, Nonette Hanko, Daniel Wendin Member absent: William Peters Personnel present: Herbert Grench, Carroll Harrington, Stanley Norton Audience of 3 persons II . MINUTES OF NOVEMBER 28 , 1973 , MEETING Motion: D. Wendin moved acceptance of the minutes of the November 28 , 1973 , meeting. D. Condron seconded. The motion passed. Ayes: Condron, Duffy, Hanko, Wendin. Absent: Peters. III . REPORTS A. District Master Plan H. Grench referred to his report of December 3, 1973 , in which he delineated his ideas about a District master plan. He mentioned the suggestions given by Roy Cameron, Lawrence Livingston, and William Spangle at the September 26 , 1973, meeting on land acquisition and planning. He also referred to the MRPD applications for a HUD 701 grant and for Revenue Sharing funds. Shortage of funds, combined with many pro- posals from various agencies caused the project of the District to rank too low in priority for such aid. Thus, although the proposal of the District has received considerable favorable comment, no direct outside funding has been offered. H. Grench summarized five main reasons for coming up with a District master plan. They were as follows : 1. To provide the public with what is essentially a statement of policy on lands to be preserved. 2 . To provide a framework within which wise land acquisi- tion can be made by the District. 3 . To coordinate the objectives and program of the Mid- peninsula Regional Park District with those established by the cities and County. 4 . To meet the requirements for grants under the Federal Land and Water Conservation Act, the proposed State II. APPROVAL OF MINUTES Motion: D. Wendin moved acceptance of the minutes of the meetings of December 12, 1973, and December 20, 1973, as presented. N. Hanko seconded. The motion passed unanimously. �ting 73-25 . . . page 2 Beach, Park, Recreational, and Historical Facilities Bond Act of 1974, and the California Local Park and Open Space Acquisition Fund (Assembly Bill 920) . 5. To provide the staff with policy guidance needed in day-to-day operations of the District. As far as the scope of the plan was concerned, he added that it would be useful to consider as minimum the requirements of the Department of Parks and Recreation of the State of California in applying for funds from the State Park Bond Act. In discussing the difference between a master plan and strategy plan, he stated that the strategy plan would consist primarily of the ways in which the staff would implement the master plan under policy direction from the Board. It would include collection of data on extrinsic characteristics, such as ownership, assessed valuation and market value of parcels, timing of potential development, intentions of landowners, zoning, general plan designations, and utilities. Types of preservation techniques, such as fee acquisition, bargain purchase, gifts, purchase of conservation easements, purchase and leaseback arrangements, etc. , would be explored on a parcel-by-parcel basis. The potential for preservation by private or other public agencies would be explored. The impact on development of other lands by acquisition of certain areas would be another important factor to investigate. H. Grench described one method of developing a master plan as follows: 1. choose the planning area; according to the policies now being developed, this area would probably include the baylands and foothills outside the urban service areas, 2 . develop a list of intrinsic criteria to apply to the area, 3. attach weights to the list (could be equal weights) , and 4. apply (weighted) criteria to the planning area. Hesaid that another approcach to the development of a master plan would be to combine conservation, open space, and park and recreation elements of city and County general plans. A set of intrinsic criteria could be used in connection with that process to develop a broad priority system. This approach would take the other studies and plans into account as finished products and should be a shortcut over the first alternative. H. Grench went on to discuss the implementation of the study. He suggested that an arrangement be made with the County Board of Supervisors and Planning Department to provide Oting 73-25 . . . page 3 planning staff assistance to do the necessary gathering and compiling of information and production of maps and some documentation. The County staff would work in cooperation with the planning consultant whose role would be to oversee the technical aspects of the study, exchange information with the MRPD staff and Board, and gain further policy direc- tion from the Board. The master plan would be a District plan, but the great involvement of the County would help assure that the interests of other agencies are considered fully. He added that input from the public would be advisable at an early stage. The draft plan could also be subject to public hearing (a State Department of Parks and Recreation re- quirement if an original plan is done) and later adopted after possible modification. H. Grench further recommended that the Board of Directors decide: 1. to develop a master plan for the MRPD, 2. that the planning area be the foothills and baylands outside (or just within) the urban service areas, 3 . that its scope would be simple in nature, relying upon existing general plan elements, reports, maps, etc. , combined with intrinsic criteria adopted by the Board, 4 . that a master plan map would be produced which would show priority areas in "broad brush" fashion, 5. that the Board of Supervisors and County Planning Department be approached to see what arrangement could be implemented in providing County planning staff help as outlined above, and 6 . that a planning consultant be employed to provide continuity and technical assistance on behalf of the District. Motion: N. Hanko moved that the General Manager be directed to take the initial steps towards the development of a master plan for the MRPD as outlined in his report of December 3 , 1973. K. Duffy seconded. The motion passed. Ayes: Condron, Duffy, Hanko, Wendin. Absent: Peters. President Wendin recessed the meeting at 8 :40 p.m. , and it was re- convened at 8 : 55 p.m. IV. RESOLUTIONS AND ORDINANCES Resolution Amending Policy for the Duplication and Dissemination of Agendas, Supporting Materials, and other Public Records of the District Oting 73-25 page 4 Motion: N. Hanko moved acceptance of Resolution 73-33 as stated at the bottom of page 3. K. Duffy seconded. N. Hanko noted the change in the deadline for availability of the minutes. The motion passed. Ayes : Condron, Duffy, Hanko, Wendin. Absent: Peters. V. UNFINISHED BUSINESS A. Basic Policy Draft, No. 2 After discussion about the December 3, 1973, memorandum from D. Wendin to the Board about the Basic Policy Draft, No. 2 , D. Wendin stated the following consensus: there will be two meetings dealing with the Basic Policy Draft, one of which will be in the Monte Bello Ridge area. The meeting in the Monte Bello Ridge area will hopefully be the January 23, 1974 , Board of Directors meeting. After a critique of the Basic Policy Draft, No. 2 , there will be another public meeting, possibly February 27, 1974 . K. Duffy will draft a statement on eminent domain for the December 20 meeting. Other minor changes were suggested for #4 (b) . B. Possible Changes in Regional Park District Enabling Legislation H. Grench referred to the December 5 , 1973, letter from Donald D. Gralnek, Consultant, Assembly Select Committee on Open Space Lands, in which Mr. Gralnek asked for specific proposals from the MRPD about possible changes in the en- abling legislation. In referring to the November 26, 1973, memorandum from S. Norton to the Board, D. Wendin suggested that the Board decide which items need immediate attention, and which items need further study and discussion. After discussion about the various items in S. Norton' s memorandum, the Board allocated priorities as follows (the numbers corres- pond to S. Norton' s November 26 , 1973, memorandum) : 1. Items which need immediate attention: (1) Clarification of the need for, responsibilities of, the Director-Secretary and Director-Treasurer. (2) Clarification of Section 5552 which prescribes the "warrant" system. (4) Clarification of Section 5547 which states that "the Board of Directors shall act only by ordinance or resolution. " (7) N. Hanko asked that this be continued until the end of the discussion. (9) Clarification of Section 5553 which authorizes the Controller to pay claims made against the District. (10) Clarification of Section 5554 which requires the annual publication in a newspaper of a certified audit of the financial condition of the District. �ting 73-25 . . . page 5 (11) Deletion or amendment of Section 5567 which deals with conflict-of-interest restrictions. (13) Improvements in Sections 5523 and 5533 which establish the term of office for officers of newly created districts. (15) The Board suggested the following clarification to Section 5544 .2 which deals with indebtedness: "Interest rate limit should perhaps be raised. " (16) Clarification of authorization for RPDs to call themselves "Park and Open Space Districts" or "Open Space District. " (Sections 5500 , 5501, 5518) 2. Items which need further study and discussion: (3) Section 5544 which deals with the use of the term "funded indebtedness . " (5) The use of eminent domain by Regional park district. (6) Government Code Sections 53090 and following which subject Regional Park Districts to city and county zoning ordinances. (8) Change of name of a regional park district. (12) Sections 5509 and 5512 which require approval of the Board of Supervisors before creation of a new regional park district. (14) Section 5541 which deals with public access. The discussion returned to item (7) , which deals with pro- cedures for annexation to a Regional Park District. After discussion about this item, the following motions were made: Motion: N. Hanko moved that Directors Condron and Hanko be directed to study impacts to the District of various annexation proposals; such proposals to include: a. Original MRPD boundaries in San Mateo County b. Remainder of Santa Clara County C. Other areas that the staff deems appropriate for consideration. D. Condron seconded. The motion passed. Ayes : Condron, Duffy, Hanko, Wendin. Absent: Peters. Motion: N. Hanko moved that Directors Condron and Hanko be directed to report on advantages and disadvantages to the District of annexation of remainder of Santa Clara County versus formation of a new district in that area. D. Wendin seconded. The motion passed. Ayes: Condron, Duffy, Hanko, Wendin. Absent: Peters. leeting 23-25 . . . page 6 Motion: N. Hanko moved that S. Norton be directed to report on annexation procedures, timing of annexation, and on procedure for filling Board positions if a new area is annexed which requires enlargement of existing wards. K. Duffy seconded. The motion passed. Ayes: Condron, Duffy, Hanko, Wendin. Absent: Peters. In discussing how to proceed with this information, N. Hanko suggested that $. Norton communicate with Donald Gralnek and the other regional park districts about the interests of the District. The items listed under V. , B, 1. in the minutes will be sent to Mr. Gralnek with copies to the other regional park districts; the items listed under V. , B. , 2 . will be sent to the other regional park districts with a copy to Mr. Gralnek. VI . NEW BUSINESS A. H. Grench announced that today the Santa Clara County Board of Supervisors voted to approve the rezoning plan for the Monte Bello Ridge Study Area which had previously been supported by the MRPD Board of Directors. B. H. Grench referred to his December 6 , 1973, memorandum dealing with the budget for the third quarter of the 1973-74 fiscal year. After discussion of H. Grench's recommendations, the following motions were made: Motion: D. Wendin moved that the General Manager prepare a ,recommended budget for the third quarter of the 1973-74 fiscal year for consideration by the Board at the January 9, 1974, meeting. D. Condron seconded. The motion passed. Ayes : Condron, Duffy, Hanko, Wendin. Absent: Peters. Motion: D. Wendin moved that the General Manager be authorized to spend unspent funds from the operating funds of the current budget period for carryover into the first part of January 1974. K. Duffy seconded. The motion passed. Ayes: Condron, Duffy, Hanko, Wendin. Absent: Peters. C. H. Grench referred to his December 6, 1973, memorandum which referred to the review of the MRPD attorney's compensation. It was decided that the board will consider this as well as the General Manager review in Executive Session at the December 20, 1973 , meeting. D. H. Grench noted the announcement from the Planning Policy Committee of Santa Clara County, Hillside Subcommittee, about a meeting on Tuesday, December 18 , 1973, which will focus on the Monte Bello Ridge Mountain Study. He will give a report that night on the open space program for that area. Meeting 73-25 . . . page 7 E. H. Grench mentioned previous discussions with the Board about the purchase of a vehicle. It was decided that this matter will be on the December 20, 1973, agenda. F. After discussion about the December 26 , 1973 , meeting, the following motion was made: Motion: D. Wendin moved that the meeting of December 26 be cancelled and that a Special Meeting be held on December 20 for the purpose of discussing the General Manager' s vehicle, the suggested changes to the Basic Policy Draft, a work priority list, and intrinsic criteria for the District master plan. Personnel matters will be discussed in Executive Session beginning at 7 : 00 p.m. , and the business meeting will begin at approximately 8 : 00 p.m. D. Condron seconded. The motion passed. Ayes: Condron, Duffy, Hanko, Wendin. Absent: Peters. G. H. Grench mentioned the December 12 , 1973, memorandum to him from S. Norton which stated that Directors! compensa- tion is subject to state and federal income taxes and to applicable laws on withholding. VII . CLAIMS H. Grench referred to a letter dated December 11, 1973, from Harold J. Bakke, representing the BLS Building, the lessor for the MRPD. Mr. Bakke stated that payment of the last month's rent by the MRPD was apparently overlooked in the original lease. H. Grench suggested that this item be added to the claims for December 12, 1973, and be paid after the improvements to the office space are completed. Motion: D. Wendin moved that the General Manager be authorized to pay the lessor the last month's rent of $486.00 contingent on the completion of the improvements of the District office space, and that the lease be amended by a letter to Mr. Bakke. K. Duffy seconded. The motion passed: Ayes: Condron, Duffy, Hanko, Wendin. Absent: Peters. Motion: D. Wendin moved that the claims be accepted as presented. N. Hanko seconded. The motion passed. Ayes : Condron, Duffy, Hanko, Wendin. Absent: Peters. VII . ADJOURNMENT The meeting adjourned at 11:55 p.m. Carroll Harrington Secretary