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HomeMy Public PortalAbout19750723 - Minutes - Board of Directors (BOD) Nblol Meeting 75-17 MIDPENINSULA REGIONAL PARK DISTRICT Regular Meeting Board of Directors M I N U T E S July 23 , 1975 745 Distel Drive Los Altos, CA I. ROLL CALL President Duffy called the meeting to order at 7 :38 P.M. Members Present: Katherine Duffy, Barbara Green, Nonette Hanko, Edward Shelley and Daniel Wendin. Personnel Present : Edward Jaynes, Jon Olson, Anne Crosley, Robert Garcia, Jennie George, Carroll Harrington, Stanley Norton and Del Woods. II. APPROVAL OF MINUTES A. Minutes of July 9 , 1975 D. Wendin said his name was incorrectly listed in the second to the last line on page five of the minutes of July 9 , 1975 as the person who made a substitute motion. N. Hanko's name should replace his, he added. K. Duffy stated the consensus that the minutes of July 9 , 1975 be approved with the above change. III. ADOPTION OF AGENDA D. Wendin asked that he be given time to report on his meeting with Directors of East Bay Regional Park District regarding changes in regional park district enabling legislation. D. Wendin said he would like to discuss the staff decision to discontinue sending revised claims with minutes beginning with the July 9, 1975 minutes. K. Duffy stated the consensus that the agenda be adopted as presented with the above additions. IV. ORAL COMMUNICATIONS Dr. Robert Mark, 725 Cowper, Palo Alto, asked for a clarification of Board policy on the issuance of permits for the use of APPROVAL OF MINUTES Minutes of July 23, 1975 On page six, paragraph three, under discussion of approval of annual claims list, D. Wendin asked that the following state- ment be added: The Board felt that the claims should receive the same broad distribution that minutes receive. K. Duffy stated the consensus that the minutes of July 23, 1975 be approved with the above addition. Meeting 75-17 Page two District lands. He urged that interested citizens be included in the planning process so that a regional outlook will be reflected in use and management plans . J. Olson advised that Black Mountain Open Space Preserve is presently the only District-owned site which requires a permit for entry (the Perham Ranch is an exception due to special occupancy considerations for one year) . This property is a fragile ecological area and more remote than other District lands. There have been only a few instances when permits have been granted to environmental groups under circumstances which the General Manager felt were unusual . The site planning pro- cess, he explained, will include a study of what kinds of permits, under what conditions, should be issued for the different Dis- trict lands. There would be several opportunities during the planning process for members of the public to give input regard- ing the use of District lands. N. Hanko said the lack of a communications system may be one very good reason why staff is cautious about issuing entry per- mits. R. Garcia advised that District personnel did have to be care- ful when patrolling without a communications system because it was not possible to contact the office or other enforcement agencies when problems arise. He explained that hikers found crossing Black Mountain are advised that it is District land and that entry permits are required. D. Wendin said he hoped the site planning process would include interested citizens who want to help in that process. Dr. Mark suggested that those people who receive permits could be asked to check back with the District to let them know of any activity on District sites. E. Shelley said he thought staff was following Board policy, although it appeared as though people interested enough in the District' s lands to ask permission had less access than those who did not ask permission. N. Hanko said if the Board was going to consider a change in its policy on permit standards, the matter should be agendized. V. WRITTEN COMMUNICATIONS K. Duffy acknowledged receipt of two letters regarding the future management of the Perham Ranch property, one from the San Antonio Hills Association dated July 11 , 1975 and the other from Mr. William C. Reynolds dated July 10 , 1975 . Meeting 75-17 Page three VI. OLD BUSINESS REQUIRING ACTION A. Site Planning Procedures K. Duffy introduced a memorandum (M-75-111) of E. Jaynes dated July 18 , 1975 regarding Site Planning Procedures for the Dis- trict. The memorandum pointed out that the Open Space Manage- ment Subprogram of the District' s Action Plan includes as one of its projects the short and long term use and management planning for District sites. J. Olson presented proposed site planning procedures for the District which had been revised by staff based on Board com- ments at the June 25 , 1975 meeting and a subsequent meeting with D. Wendin and E. Shelley. The analysis and planning pro- cess remains structured in two phases : Pre-acquisition and Post-acquisition. Under the pre-acquisition phase, procedure No. 11 has been added to provide for public hearings when a property is under option. Procedure No. 16 has been added to establish a time element in which an interim plan will be developed. Under the post-acquisition phase, procedure No. 1 has been added to implement the last step of the pre-acquisi- tion phase. A planning recommendation step has been inserted under procedure No. 7 to determine whether site specific or area planning is more suitable . The environmental assessment that is developed from information generated in steps 1 through 6 will be included as part of the use and management plan. Procedure 11 has been expanded to include refinement of that plan and precedes preparation of the final draft. A final addition to this phase is a description of factors relevant to the yearly review of site plans . He noted that staff would be emphasizing phase I - pre-acquisi- tion - during the next few years. Development of an area plan- ning process would evolve as the District and other public agencies acquire significant acreage. He recommended that the Board adopt the site planning process as set forth in his memorandum . J. Olson noted that citizens ' committees, whether formal or informal, would be formed depending on the nature of each site. He said the amount of time needed to prepare an interim plan would depend on the complexity of each site and other factors. He suggested the District' s priority for development of use and management plans for its sites might be as follows : (1) Fre- mont Older Open Space Preserve, (2) Black Mountain Open Space Preserve and (3) Permanente Creek Park. Other sites, he added, seemed to be less complex than these. E. Jaynes stated that title to the Fremont Older property was expected to be taken in approximately three or four weeks. Meeting 75-17 Page four Motion: E. Shelley moved that the Board of Directors adopt the recommendations of staff as set forth in M-75-110 for the generalized site planning policy for the Mid- peninsula Regional Park District. K. Duffy seconded the motion. Discussion: Dr. Mark asked that citizens be given every opportunity to participate in the planning pro- cess. E. Shelley suggested permits might be issued by the General Manager for the purpose of allowing citizens to aid the District in its planning process. J. Olson said he thought the General Manager did have this authority. D. Wendin said he felt it was import- ant to receive input from interested citizens. The motion passed unanimously. B. Resolution of the Board of Directors of the Midpeninsula Regional Park District Establishing a Policy for the Handling of Candidates ' Statements of Qualifications at District Elections E. Jaynes ' memorandum (M-75-106) dated July 16 , 1975 introduced a Resolution of the Board of Directors of the Midpeninsula Regional Park District Establishing Policy for the Handling of Candidates' Statements of Qualifications at District Elec- tions. The proposed resolution was prepared by Legal Counsel at the direction of the Board given at its May 28 , 1975 meeting. The resolution would state the Board' s policy that candidates for Board seats would not be billed for election statements of qualifications or for requested Spanish translations. Motion: K. Duffy moved adoption of Resolution No. 75-16 , a Resolution of the Board of Directors of the Midpeninsula Regional Park District Establishing a Policy for the Handling of Candidates ' Statements of Qualifications at District Elections . N. Hanko seconded the motion. Discussion: D. Wendin said he objected to the inclusion of paragraph three, which states that a reason for the resolution is that billing for candidates ' statements might give an unfair advantage to affluent candidates. N. Hanko said she would like to see all reasons for the resolution included. S . Norton advised that his inclusion of the paragraph was to state the reasons as they were set forth in the court case Knoll v. Davidson, which is previously referred .to in the resolution. Amendment: D. Wendin moved to amend the motion to delete the third paragraph of the resolution. K. Duffy seconded the amendment. The amendment passed on the following vote: AYES K. Duffy, B. Green, D. Wendin and E. Shelley; NOS N. Hanko. The motion passed unanimously. Meeting 75-17 Page five C. Resolution of the Board of Directors of the Midpeninsula Regional Park District Establishing Procedure for Published Advertisement of Elections to Fill Board Seats and of Opportunities to Apply for Board Vacancies E. Jaynes' memorandum (M-75-107) dated July 16 , 1975 , introduced a Resolution of the Board of Directors of the Midpeninsula Regional Park District Establishing Procedure for Published Advertisement of Elections to Fill Board Seats and of Opportun- ities to Apply for Board Vacancies. The proposed resolution was prepared by Legal Counsel at the direction of the Board given at its May 28 , 1975 meeting. The resolution would set forth qualifications for advertising of District elections and Board vacancies. K. Duffy stated the consensus that the Valley Journal be added to the list of newspapers in Ward No. 3 which may be used for publication of Board vacancies and elections , under Section Three of the proposed resolution. Motion: B. Green moved adoption of Resolution No. 75-17 , a Resolution of the Board of Directors of the Midpenin- sula Regional Park District Establishing Procedure for Published Advertisement of Elections to Fill Board Seats and of Opportunities to Apply for Board Vacancies. E. Shelley seconded the motion. Discussion: K. Duffy noted that Section Four was a necessary technicality to protect the validity of an election or filling of a vacancy. The motion passed unanimously. VII. NEW BUSINESS REQUIRING ACTION A. Resolution of the Board of Directors of the Midpeninsula Regional Park District Determining and Declaring that Cer- tain Easements and Rights of Way Do Not Adversely Affect Proposed Park and Recreation Uses (Permanente Creek Park) E. Jaynes introduced his memorandum (M-75-104) dated July 15 , 1975, regarding a Resolution of the Board of Directors of the Midpeninsula Regional Park District Determining and Declaring that Certain Easements and Rights of Way Do Not Adversely Affect Proposed Park and Recreation Uses (Permanente Creek Park) . He said that in order to comply with the rules and regulations relating to State Bond and Land and Water Conservation Fund grants which the District has applied for, the State agency administering the grants must be assured that all private ease- ments and public utilities affecting the property will not adversely affect proposed recreational uses of the property. Staff has evaluated private and public easements on the site and has found no interference with proposed uses for the property. Meeting 75-17 Page six J. Olson showed the Board members a map of the PG&E, water and surface easements on the Permanente Creek Park property. Motion: N. Hanko moved adoption of Resolution No. 75-18 , a Resolution of the Board of Directors of the Midpenin- sula Regional Park District Determining and Declaring that Certain Easements and Rights of Way Do Not Ad- versely Affect Proposed Park and Recreation Uses (Permanente Creek Park) . K. Duffy seconded the motion. The motion passed unanimously. B. Approval of Annual Claims List E. Jaynes introduced his memorandum (M-75-105) dated July 16 , 1975, regarding proposed Board Approval of an Annual Claims List. He noted that the Board had adopted a resolution on July 24, 1974 which permitted approval of certain recurring claims on an annual basis. This procedure gives the Controller author- ization to pay recurring claims up to an approved amount as they come due during a fiscal year. He recommended the Board adopt the attached Annual Claims List which was prepared in accordance with the budget adopted by the Board for the 1975- 1976 fiscal year. He added that the list could be amended if the Board decided to change a budgeted figure related to it. Motion: D. Wendin moved adoption of the Annual Claims List for the Fiscal Year 1975-1976 as set forth in Memo- randum M-75-105 dated July 16 , 1975 . E. Shelley seconded the motion. The motion passed unanimously. D. Wendin referred the Board to a memorandum received with the July 9 , 1975 minutes which stated the General Manager ' s in- tention to discontinue including the approved claims list with the minutes. D. Wendin said he felt the claims should be included. A. Crosley advised that the staff currently pails in excess of 100 copies of the minutes of Board meetings. Inclusion of the approved claims list adds significantly to the cost of copying and postage. Board and press both receive copies of the claims list when meeting materials are mailed out, she said. An official file of the approved claims lists would be kept in the office . E. Jaynes added that this was an attempt to streamline office procedures and reduce costs. K. Duffy stated the consensus of the Board that the approved claims list should continue to be sent with meeting minutes. The Board recessed at 8 : 50 P.M. and reconvened at 9 :09 P.M. Meeting 75-17 Page seven VIII . NEW BUSINESS NOT REQUIRING ACTION A. Annexation Survey Results; Citizens Committee for Annexation Mr. John Breithaupt of Diridon Research Corporation reported to the Board on the results of a survey conducted in the south San Mateo County area to determine support for annexation to the Midpeninsula Regional Park District. He explained that about 50 volunteers surveyed 482 registered voters in the area, which included San Carlos on the north and the area east of Skyline. He stated that, as the result of the survey figures, he was 95% certain that if an annexation election were held today, 60% to 69% of the population in south San Mateo County would vote in favor of annexation. According to the survey, 64.7 favored annexation, 23. 6 were opposed, and 11. 7 were undecided. Referring the Board to page 51 of the Summary of Primary Re- sults, he pointed out that 62% of those surveyed who had been reassessed favored annexation; 68% of those surveyed who had not been reassessed favored annexation and 69% of those who did not know if they had been reassessed favored annexation. Generally, younger people with higher education, higher incomes and with children supported the idea of annexation. Reasons cited included the desire to preserve open space and to have more recreation. Those opposing the idea of annexation felt it would cost too much. Mr. Breithaupt pointed out that in all areas surveyed, a majority supported annexation. Ms . Lennie Roberts, 339 La Cuesta, Ladera, representing the Cit- izens' Committee for Annexation, said the survey took longer than expected, but the results were gratifying. She said fifty people worked hard on the survey and were willing to work as hard gathering signatures on a petition. She added that the Com- mittee hoped to begin that task over the Labor Day weekend. Motion: N. Hanko moved that the Board of Directors direct staff to prepare for its consideration at the next meeting a resolution of commendation for the volunteers who participated in the Midpeninsula Regional Park District annexation survey submitted July 17 , 1975 . B. Green seconded the motion. The motion passed unanimously. Motion: N. Hanko moved that the Board of Directors does hereby go on record as supporting the Citizens Committee in its efforts to annex portions of southern San Mateo County to the Midpeninsula Regional Park District and directs staff to prepare for the Board' s consideration at its next meeting a resolution to that effect and authorizing the District staff to provide reasonably necessary information and technical assistance to the annexation committee as provided in the Action Plan. E. Shelley seconded the motion. Meeting 75-17 Page eight Discussion: S. Norton suggested that the words "and to direct staff" be changed to read "and directs staff" for consistency. The Board agreed to the change by consensus. The motion passed unanimously. S. Norton advised that he would be meeting with Santa Clara County LAFCO officials in the near future regarding an annexa- tion petition. He said he hoped to return to the next Board meeting with a report on the annexation schedule. B. Changes in Regional Park District Enabling Legislation D. Wendin said he had met with Dr. Howard Cogswell and Mr. Fred Blumberg, directors of the East Bay Regional Park District, regarding that District' s opposition to Assembly Bill 1164 , a measure sponsored by the Midpeninsula Regional Park District to make various changes in the regional park district enabling legislation. He advised that a few technical errors had been made in translating the intended changes into bill form, and the bill will require amendment in order to correct them. The East Bay officials indicated a willingness to reconsider their position in this instance. The provision for an increase in the borrowing power of regional park districts was a point of concern to East Bay, but they recognized that the younger regional park districts' emphasis was on acquisition and the increased borrowing power was important for that purpose. D. Wendin said he hoped to meet with S. Norton and H. Grench in the near future to redraft the covering material for AB 1146. He added that he would attend the meeting of the East Bay Board of Directors when the matter reached their agenda. IX. CLAIMS Motion: N. Hanko moved acceptance of the revised claims (C-75- 15) dated July 23 , 1975, as presented. K. Duffy seconded the motion. The motion passed unanimously. X. EXECUTIVE SESSION The Board recessed to Executive Session at 9 :50 P.M. to discuss land negotiations and personnel matters. XI. ADJOURNMENT The Board reconvened to adjourn at 10 :55 P.M. Anne Cathcart Crosley Administrative Secretary