HomeMy Public PortalAbout19750910 - Minutes - Board of Directors (BOD) A. Meeting 75-19
MIDPENINSULA REGIONAL PARK DISTRICT
Regular Meeting
Board of Directors
M I N U T E S
September 10 , 1975 745 Distel Drive
Los Altos , CA
I. ROLL CALL
President Duffy called the meeting to order at 7 :35 P.M.
Members Present: Katherine Duffy, Barbara Green, Nonette Hanko,
Edward Shelley and Daniel Wendin.
Personnel Present: Herbert Grench, Jon Olson, Anne Crosley,
Jennie George, Stanley Norton, Carroll Harrington and John
Melton.
II . APPROVAL OF MINUTES
A. Minutes of August 13 , 1975
K. Duffy stated the consensus that the minutes of August 13 ,
1975 be approved as presented.
III . EXECUTIVE SESSION
The Board recessed to Executive Session to discuss land nego-
tiations at 7 : 38 P.M.
The Board reconvened the meeting at 7 :55 P.M.
IV. ADOPTION OF AGENDA
N. Hanko suggested the next agenda might include consideration
of the Preliminary General Plan for Cupertino Hillsides.
K. Duffy asked that a letter from the Save-the-Redwoods League
regarding the Grant Ranch be considered under New Business Not
Requiring Action. She stated the consensus that the agenda be
adopted with that addition.
V. ORAL COMMUNICATIONS
There were no oral communications at this time.
Meeting 75-19 Page two
VI. WRITTEN COMMUNICATIONS
There were no written communications at this time.
VII . PUBLIC HEARINGS
A. Proposed El Sereno Open Space Preserve
H. Grench introduced his report (R-75-17) dated September 3, 1975
on the Proposed El Sereno Open Space Preserve. He said the Dis-
trict had an option to purchase approximately 1,000 acres of land
belonging to the estate of Charles E. Moore, located west of Los
Gatos and south of Saratoga and Monte Sereno.
J. Olson showed several slides of the proposed acquisition. He
said the vegetation on the property varied from chaparral and
grassy areas on the ridges to wooded canyons. There has been
some equestrian and hiking use in the past. There is access to
the property from Montevino and Bohlman Roads , but limited parking
is available. He said the site could be significant in terms of
a trail system. He presented the following interim use and manage-
ment recommendations for the Board' s consideration: (1) the in-
troduction of agriculture should be considered during development
of the long range use and management plan; (2) permits should be
issued to groups and individuals wishing to hike or ride horses on
the site; (3) schools and other groups should be informed of the
site ' s potential for environmental education; (4) regular patrol
should be maintained; (5) a gate and fence should be installed to
prevent motorcycle access; (6) an access point for hikers and
equestrians should be constructed, and (7) staff should be instructed
to complete a draft Site Specific Plan for the property by May of
1976 .
Mr. Bruce Stephan, 12331 Saraglen Drive , Saratoga, asked what con-
siderations influenced the District' s interest in purchasing this
particular site. J. Olson replied that the El Sereno ridgetop was
very significant acquisition in terms of preserving the scenic
nature of the area. H. Grench added that opportunities for the
purchase of parcels at attractive prices were not common.
In response to a question from N. Hanko, J. Olson advised that the
small, separate 16 acre parcel had been used by hikers, equestrians
and motorcycles, and it would also be patrolled by the District.
Mr. Gordon Jennings , 441 East Meadow Drive, Palo Alto, asked if
the District would have to negotiate with other property owners
for easements for trails. J. Olson said that it would have to.
D. Wendin noted that the El Sereno Open Space Preserve would be
the first large parcel allowing individual use by permit. He
said he hoped long term plans for the site would address the
parking problem.
Meeting 75-19 Page three
H. Grench advised that the District would pay a total purchase
price of $742 ,000 for approximately 1,001 acres of the Moore
estate. There are four interests in the property, and there are
different methods of payment. One interest will receive cash
at the close of escrow; the other three will receive down pay-
ments of less than 30% this year with the remaining balance
payable over 10 years at 6 1/2% interest.
H. Grench recommended the adoption of Resolution No. 75-21 to
state the Board's intention to exercise its option to purchase
the property. He also recommended that the Board adopt the
interim use and management plans described in the report. He
noted that the proposed purchase had received the endorsements
of the Los Gatos Town Council and Monte Sereno City Council, and
from the Planning Departments of the City of Saratoga and County
of Santa Clara. He further recommended that the Board state its
intention, absent extraordinary circumstances, to await the re-
ceipt of letters from two of the interests in the Moore estate
before giving notice of acceptance of the option. He explained
that the letters would simply change the time payments from
monthly to annual installments for those interests who chose the
10 year payment plan.
K. Duffy opened the Public Hearing at 8 :25 P.M.
Mr. Ed Schell, Box 1345 , Los Gatos , introduced himself as the
President of the Wakanta Longhorn Breeders Association and as a
philosopher. He expressed support for the acquisition of the
proposed El Sereno Open Space Preserve and said he hoped the
District would continue its efforts to purchase open space lands.
Mr. Bruce Stephan said he heartily endorsed acquisition of the
proposed site, adding that the Park District was one of the few
organizations with the capability to preserve the scenic ridgetops.
Dr. Robert Mark, 725 Cowper, expressed his support for the acqui-
sition of what he believed to be a significant parcel. He said
he hoped the District would implement its permit system soon.
K. Duffy closed the Public Hearing at 8 :30 P.M.
Motion: K. Duffy moved adoption of Resolution No. 75-21, a Reso-
lution of the Board of Directors of the Midpeninsula
Regional Park District Authorizing Exercise of option
to Purchase Real Property, Authorizing Officer to Execute
Certificate of Acceptance of Grant to District, and
Authorizing General Manager to Execute Any and All Other
Documents Necessary or Appropriate to Closing of the
Transaction (El Sereno Open Space Preserve) . E. Shelley
seconded the motion.
Discussion : K. Duffy said she was delighted with the
site, and from personally hiking the land feels ;that
it is a beautiful parcel. The motion passed unanimously.
Meeting 75-19 Page four
Motion: K. Duffy moved that the Board adopt the interim use and
management plans for the El Sereno Open Space Preserve as
presented in report 0-75-17) dated September 3, 1975. B.
Green seconded the motion. The motion passed unanimously.
(The plans are set forth in these minutes on page two) .
Motion: K. Duffy moved that it be the intention of the Board, ab-
sent extraordinary circumstances , to await the receipt
of letters expected from two interests in the Charles
E. Moore property before giving notice of acceptance.
B. Green seconded the motion. The motion passed unani-
mously.
VIII . OLD BUSINESS REQUIRING ACTION
A. Interim Site Use and Management Recommendations
(a) Permanente Creek Park
H. Grench introduced his memorandum (M-75-129) dated September
4 , 1975, which recommends adoption by the Board of the Interim
Use and Management Recommendations contained in the Land Manager' s
memorandum (M-75-132) dated September 4 , 1975.
J. Olson advised that the Permanente Creek Park property has
been used in the past for some hiking and environmental educa-
tion programs. The current cattle grazing and hay crop opera-
tions of the Perham family are scheduled to be phased out dur-
ing the next nine months. He recommended that permits for
group use of the site be issued as appropriate, but that open
use of the site by hikers and equestrians be allowed after
the development of trails. He further recommended that staff
be directed to determine the feasibility of using houses
located on the property, possibly for a resident caretaker.
He recommended that regular patrol should be maintained, and
that staff be directed to develop a long term use and manage-
ment plan by April of 1976 .
N. Hanko suggested staff might consider the possibility of
using one or more of the houses on the property as a youth
hostel.
In response to questions from Mr. Pete McSweeney of 1497/23705
Topar Avenue , Los Altos and Mr. Brian Mecham of 4662 Blue Ridge
Drive, San Jose, J. Olson advised that the number of hikers and
equestrians would be limited through a permit system from now
until May, 1976 , and he added that input from these groups
would be welcome.
H. Grench explained that the former owners of the Permanente
Creek Park property still resided on the site , and, as part of
the acquisition agreement, a permit system for use of the land
must be established while the Arthur Perhams live there.
Meeting 75-19 Page five
Mr. Dick Threlfall, 15833 Stonebrook Road, Los Altos Hills, said
that many equestrians had ridden on the Permanente Creek Park
property for years without asking permission to do so.
Mr. Pete McSweeney said he thought the interim report on the
Permanente Creek Park property was discriminatory with respect
to equestrians.
B. Green suggested that hikers and riders who are given permits
should be asked to report to the District on the condition and
use of District lands.
J. Olson said that hikers and riders would be issued permits
at the discretion of District personnel, and each situation would
be judged on its merits. He said the District staff needed some
time to determine what kinds of use are most appropriate for its
different sites.
N. Hanko noted that the Board is sensitive not only to the needs
of people for recreation, but also to the delicate ecology of
the land. It will take time, she said, to determine what kinds
of uses are compatible with District lands.
Ms. Sylvia Carroll, 21166 Maria Lane, Saratoga, said equestrians
needed a place to ride.
H. Grench said the discontinuance of past use of a site would be
difficult, and this is a question that must be addressed. He
stated that the District has a commitment toward preservation of
its lands as well as to opening the lands for public use. He
suggested hikers and equestrians could work with staff to plan
for trails, maintenance and patrol of District sites.
Ms. Linda Stuckey, P.O. Box 1115 , Cupertino, said she hoped the
District would be a good neighbor.
Ms. Valerie Booker, 10940 Santa Teresa Drive, Cupertino, said
she felt most horsepeople were responsible trail users who did
not like to see litter and broken bottles on the trails .
Motion: N. Hanko moved that interim planning for Permanente
Creek Park be continued to permit staff to meet with
interested users and to develop a plan for equestrian
use in accordance with the acquisition agreement with
the Perhams. D. Wendin seconded the motion.
Discussion: The Board discussed the advisability of
talking about the Black Mountain Open Space Preserve
before taking action on Permanente Creek Park.
Motion: D. Wendin moved to table the motion. K. Duffy seconded
the motion. The motion passed on the following vote:
AYES - K. Duffy, B. Green, E. Shelley and D. Wendin;
NO - N. Hanko
Meeting 75-19 Page six
(b) Black Mountain Open Space Preserve
J. Olson said there were vineyards on Black Mountain at one
time, then year-round cattle grazing. He recommended that
the cattle grazing be discontinued due to the highly erodable
soils on the site. He advised that past use of Black Mountain
included eduational programs of Peterson High School and a
bird banding program of the San Jose State Biological Sciences
Department;and that further use of the site for nature study
hikes and environmental education be encouraged by the Dis-
trict. He noted there were no parking facilities on the site.
He recommended that permits be issued for the use of groups
of not more than thirty people or as deemed appropriate by
the General Manager; that the fence line adjacent to Monte
Bello Road be repaired; that two new gates be installed;
that existing roads be graded to minimize erosion; and that
regular patrol be maintained. He further recommended that
staff be directed to develop a draft use and management plan
by March of 1976.
Dr. Mark said he felt one of the purposes of the District was
to allow public access.
Motion: K. Duffy moved that Permanente Creek Park, Black
Mountain Open Space Preserve and Fremont Older Open
Space Preserve be sent back to staff for a proposal
on public use. There was no second.
E. Shelley said that any of the District' s properties which
are open must be available to all members of the public, not
just neighbors. There are neighbors , he advised, who do not
want anyone else to have access to District land.
Ms. Valerie Booker suggested the District could maintain the
status quo use of its lands for the present. E. Shelley
replied that it would be difficult to change whatever is
permitted now.
Ms. Judy Frosh, 18081 Redwood Drive, Los Gatos , said histor-
ical use of a property might not be appropriate use; for
example, motorcycles.
Ms. Linda Stuckey said the equestrians were simply trying to
keep existing trails open.
Mr. Gordon Jennings , 441 East Meadow Drive, Palo Alto, read
a letter from Mr. Gerald K. Engel, President of the Castle
Rock Horsemen' s Association, 22600 Mt. Eden Road in Saratoga,
dated September 10 , 1975 . The letter expressed the desire
of the Association to assist in the present and future plan-
ning of the Fremont older and Black Mountain Open Space Pre-
Meeting 75-19 Page seven
serves. The Association is prepared, he said, to map and
mark existing trails , assist in trail maintenance and trail
development, establish a gate system, extend the clubs in-
surance to cover the District, and obtain leases from adja-
cent property owners to insure access to and from trails.
The Association members feel there can be many uses of Dis-
trict property that are compatible with the ecology of the,
land. Mr. Jennings added that he felt the District and the
equestrians could educate each other.
Motion: D. Wendin moved that staff return with recommenda-
tions for issuing individual permits for the Black
Mountain and Fremont Older Open Space Preserves.
Discussion: K. Duffy said she would second the
motion if Permanente Creek Park were included.
J. Olson said there were a number of factors that
would have to be addressed, and he reminded that
the interim recommendations were for a short period
of time to give staff an opportunity to study the
sites. E. Shelley seconded the motion. D. Wendin
said the General Manager has discretion on the
issuance of permits, but the three properties in-
volved are all different.
Motion: D. Wendin moved that staff be directed to return
at the earliest possible time with a recommendation
for an open permit system for the ridgetop , on
Black Mountain Open Space Preserve. E. Shelley
seconded the motion.
After discussion; K. Duffy stated that all motions and seconds
were withdrawn.
Motion: D. Wendin moved that (a) staff be directed to return
in two weeks with a plan for the use of the ridgetop
area of Black Mountain Open Space Preserve with
respect to equestrians and hikers; (b) staff be
directed to meet with horsepeople to determine the
historic use of the Permanente Creek Park property;
and (c) there be no change in the interim use and
management plan for the Fremont Older Open Space
Preserve at this time, but that residents in that
area be encouraged to work with staff in the develop-
ment of the long-term planning of the site. E.
Shelley seconded the motion.
Discussion: In answer to a question from Mr. Jennings,
J. Olson explained there would be different kinds of
permits covering use, length of time, number of people,
etc. The motion passed unanimously.
Meeting 75-19 Page eight
H. Grench said he thought the dialogue among District staff
and Board and equestrians was very helpful. He noted that
staff' s job was to work with all interested groups and then
make recommendations for the use of District land in accord-
ance with the Basic Policy. He said copies of the Basic
Policy brochure were available for members of the audience.
A sign-up sheet was distributed for those people who were
interested in working with the District staff on site plan-
ning.
The meeting was recessed at 10 :30 P.M. and reconvened at
10:45 P.M.
B. Review of Salary Ranges
H. Grench introduced his report (R-75-16) dated August 28,
1975 regarding the Review of Salary Ranges for three full-
time District positions. Following a meeting with the
Budget Subcommittee, it was concluded that the revised Job
Descriptions and salary ranges for the positions of Assis-
tant General Manager, Land Manager and Administrative Secre-
tary were appropriate, except that the title "Administrative
Aide" should replace "Administrative Secretary" to reflect
the changes in responsibilities of the position. H. Grench
emphasized that the funds budgeted for regular salary
increases should be separate from those budgeted for major
salary range adjustments. He also noted that very careful
and complete investigation had been made to assure that the
new salary ranges accurately reflected salary ranges for
positions in other agencies with the most nearly similar
responsibilities. He said that the budgeted funds for
salary realignments would be underspent by about $1,300
as a result of further study. He also recommended that
the Budget Subcommittee be assigned the task of reviewing
the District' s Personnel Policies with the General Manager
prior to formulation of the 1976-1977 budget.
In response to a question from N. Hanko, S. Norton stated that
the regional park district enabling legislation refers to
functions of a person that are "secretarial" , but that any
person may be designated to carry out those functions.
K. Duffy pointed out that the functions of a "District Clerk"
or "secretary" to the Board are enumerated in the Job Descrip-
tion for the Administrative Aide position.
Motion: D. Wendin moved adoption of the recommendations con-
tained in R-75-16 dated August 28 , 1975, as follows:
(a) to adopt the revised Job Descriptions as contained
in the report of July 3, 1975 , except with the change
that the title "Administrative Secretary" be changed
to "Administrative Aide, " (b) to adopt the following
salary ranges: Assistant General Manager - $19 ,620
Meeting 75-19 Page nine
to $29,430 per year; Land Manager - $19 ,235 to $28 ,855
per year; Administrative Aide - $11,480 to $16 ,070 per
year and (c) to assign the Budget Subcommittee the task
of reviewing the District's adopted Personnel Policies
with the General Manager prior to formulation of the
1976-1977 budget, especially as these Policies relate
to the process of salary range changes and salary in-
increase budgeting. B. Green seconded the motion. The
motion passed unanimously.
IX. NEW BUSINESS REQUIRING ACTION
A. Revised Annual Claims List
J. Melton introduced his memorandum (M-75-125) dated August 29 ,
1975 regarding the proposed Revised Annual Claims List. He
explained that the annual claims list approved by the Board at
its July 23 , 1975 meeting was prepared prior to action by the
Board which changed the amount of the retainer established by
the Board for its Legal Counsel. Therefore, he recommended that
the Board approve the annual claims list as revised on August
20, 1975, to authorize the Controller to pay the appropriate
funds for the Legal Counsel' s retainer.
Motion: K. Duffy moved approval of the revised annual claims
list as presented in M-75-125 dated August 29 , 1975 .
E. Shelley seconded the motion. The motion passed
unanimously.
B. Fringe Benefits for Regular Part Time Employees
H. Grench introduced his report (R-75-18) dated September 4,
1975 regarding proposed Fringe Benefits for Regular Part Time
Employees of the District. He said that regular part time
employees were as committed to working for the District as
full time employees, and their expertise was valuable and
necessary for the District's efficient operation. It would
therefore seem appropriate that the regular part time employees
receive a portion of benefits appropriate to the amount of
time they worked. As the result of research by A. Crosley on
benefits offered to part time employees in public agencies,
it was found that the three most easily implemented benefits
were vacations, holidays and sick leave on a prorated basis.
These were offered by nearly all agencies who had benefit pro-
grams for part time personnel. Other benefits , such as dental,
medical and life insurance, vary in their application to part
time employees. A survey of private companies showed similar
results. H. Grench advised that for purposes of allocating
fringe benefits , employees would be classified as follows:
10 hours worked - 1/4 time; 20 hours worked - 1/2 time; 30 hours
worked - 3/4 time (based on the average expected minimum hours
to be worked each week) .
Meeting 75-19 Page ten
H. Grench noted that regular part time employees working an
average minimum of 20 hours per week or more were already re-
quired to contribute to the Public Employees Retirement System.
He recommended that the Board adopt the proposed revised Per-
sonnel Policies to include vacation, sick leave and holiday
benefits on a prorated basis to the District' s regular part
time employees. The fraction to be used for computing vacation
time would be 0 . 05769 hours per hour worked; the fraction to be
used for computing sick leave would be 0. 04615. The benefits
would be effective as of September 22, 1975. The fiscal implications
of the change would amount to approximately $2-,1100 more this year.
H. Grench advised that the Board approves Job Descriptions for
regular full time employees; the General Manager sets job
descriptions for regular part time employees.
Motion: B. Green moved adoption of the revision of the District' s
Personnel Policies to supplant those of May 22, 1974 in
order to provide vacation, sick leave and holiday bene-
fits on a prorated basis to the District's regular part
time employees. K. Duffy seconded the motion. The mo-
tion passed unanimously.
C. Possible Scheduling of Special Meeting
H. Grench referred to his memorandum (M-75-126) dated August 29 ,
1975 , suggesting the Possible Scheduling of a Special Meeting so
the Board and staff may have an opportunity to study the Fremont
Older Open Space Preserve for purposes of planning for its use
and management.
After discussion, it was the consensus that a special meeting
would be held at 6 :00 P.M. on Friday, September 19 at the old
ranchhouse on the Fremont Older property.
X. NEW BUSINESS NOT REQUIRING ACTION
A. Newspaper Publicity Results
H. Grench introduced his memorandum (M-75-136) dated September 5 ,
1975 regarding Newspaper Publicity Results. He referred to an
attached memorandum (M-75-135) dated September 4 , 1975 from C.
Harrington covering pre-meeting and post-meeting Newspaper Pub-
licity Results .
C. Harrington advised that the District has received very good
pre-meeting and post-meeting publicity, expecially for land
acquisitions and items of special interest (e.g. , litter clean-
up, annexation, Stevens Creek Trail, hiring of new personnel) .
E. Shelley said he did think there was a need for the District
to place advertisements of its meetings.
Meeting 75-19 Page eleven
K. Duffy suggested that special mailings could be made to inter-
ested parties on specific matters . She was advised that this
was already being done to some extent when land acquisitions
were contemplated.
B. Midpeninsula Regional Park District Progress Report, November
1972 - February 1975
H. Grench introduced his memorandum (M-75-130) dated September
3, 1975, submitting the first Midpeninsula Regional Park District
Progress Report covering November 1972 through February 1975.
He credited C. Harrington for her efforts in writing and coor-
dinating the progress report. He advised that copies would be
sent to the press, governmental officials, private organizations
and interested citizens within the next two weeks .
C. Harrington expressed appreciation for the assistance and
input of J. George, D. Woods and N. Kelley, and to Carole Norton
for editing the report.
C. Grant Ranch
K. Duffy referred to a letter from the Save-the-Redwoods League
asking that the District support the proposed acquisition by the
County of the 10 ,000 acre Grant Ranch on Mt. Hamilton.
Mr. Tony Look, Los Altos, said the Ranch would be an excellent
open space acquisition. There is a blue heron rookery on the
property, and Hall's Lake is used by birds for winter migration.
The Ranch has been used in the past for nature study and environ-
mental education, and its acquisition is on the County's Master
Plan.
Motion: N. Hanko moved that the President be directed to write
a letter to the County Board of Supervisors expressing
the District' s support of the acquisition of the Grant
Ranch for low intensity recreational uses. B. Green
seconded the motion.
Discussion: B. Green noted the price of the property,
well below market value, was excellent. The motion
passed unanimously.
XI . CLAIMS
Motion: N. Hanko moved acceptance of the revised claims (C-75-
17) dated September 10 , 1975. K. Duffy seconded the
motion.
XII . EXECUTIVE SESSION
The Board recessed to Executive Session to discuss land negotia-
tions at 11:35 P.M.
Meeting 75-19 Page twelve
XIII. ADJOURNMENT
The Board reconvened to adjourn at 1:05 A.M.
Anne Cathcart Crosley
District Clerk
I
II . APPROVAL OF MINUTES
A. Minutes of September 10 , 1975
y, N. Hanko said the remarks attributed to her in the fifth Para-
graph on page five were made by someone else. K. Duffy said
she made the statements.
E. Shelley pointed out the omission of the word "not" after the
word "did" in the last paragraph on page ten of the minutes.
K. Duffy asked that the words "with Board consensus" be added
to the sentence on page seven of the minutes in which she states
that all motions and seconds were withdrawn.
D. Wendin suggested the word "year-round" be inserted before the
words "cattle grazing" in the third line of the first paragraph
on page three of the minutes.
B. Green suggested that the number 111,001" in the second line
of the first paragraph on page three be changed to "1,000" to
be consistent with statements made on page two of the minutes.
K. Duffy stated the consensus that the minutes of September 10 ,
1975 be approved with the above changes .