Loading...
HomeMy Public PortalAbout19751210 - Minutes - Board of Directors (BOD) i r" Meeting 75-26 MIDPENINSULA REGIONAL PARK DISTRICT Regular Meeting Board of Directors M I N U T E S 745 Distel Drive December 10, 1975 Los Altos, CA I. ROLL CALL President Duffy called the meeting to order at 7 :34 P.M. Members Present: Katherine Duffy, Barbara Green, Nonette Hanko, Edward Shelley and Daniel Wendin. Personnel Present : Herbert Grench, Edward Jaynes, Jon Olson, Anne Crosley, Robert Garcia, Jennie George, Carroll Harrington, Stanley Norton, John Melton and Del Woods. II . APPROVAL OF MINUTES A. Minutes of November 26 , 1975 B. Green said the reference on page two under Written Com- munications that "B. Green referred to a letter. . . " was incorrect, and should probably read "J. George referred to a letter. . . " She said the word "rapid" in the seventh paragraph on page thirteen should read "rapidly. " N. Hanko asked that an additional sentence be added to the first paragraph on page seven, under the "Semi-Rural" category, which reflects that the Subcommittee recommended that the semi-rural designation be a permanent one. K. Duffy agreed that this should be added. D. Wendin said he objected to the intent of the motion made in the first paragraph on page six of the minutes , regarding adoption of the draft Master Plan. He said he would like to agendize the item. 1 E. Shelley stated that it was the intention of the motion that 1 the Subcommittee would not return to the Board unless there were substantive changes in the draft Master Plan. K. Duffy stated the consensus that the minutes be adopted as amended. III. WRITTEN COMMUNICATIONS There were no written communications at this time. Meeting 75-26 Page two IV. ADOPTION OF AGENDA N. Hanko asked if an informational letter from the County of Santa Clara regarding proposed San Mateo/Santa Clara County boundary changes could be agendized under New Business With No Action Requested. K. Duffy suggested that the Master Plan of the Midpeninsula Regional Park District be considered under Old Business With Action Requested. K. Duffy stated the consensus that the agenda be adopted with the above changes. V. ORAL COMMUNICATIONS There were no oral communications at this time. VI. OLD BUSINESS WITH ACTION REQUESTED A. Master Plan of the Midpeninsula Regional Park District D. Wendin said he did not think it would be appropriate to circulate a changed draft Master Plan document without a public hearing. E. Shelley said it was the Subcommittee' s opinion that the changes in the draft Master Plan were not substantive . Motion: D. Wendin moved that the Board of Directors hold a public hearing on the draft Master Plan document prior to its distribution as a draft. N. Hanko seconded the motion. Discussion: B. Green suggested that D. Wendin submit a list of the changes he felt were substantive. E: Shelley noted that approval of the motion would probably delay distribution of the draft until January. Substitute Motion: N. Hanko made a substitute motion that the printing and distribution of the draft Master Plan document be delayed pending discussion by the Board at a January, 1976 meeting of proposed changes. Discussion: H. Grench said he hoped the printing of the draft Master Plan would be delayed as little as possible. The substitute motion failed for lack of a second. Action on Motion : The motion passed on the following vote :- AYES - K. Duffy, D. Wendin and N. Hanko; NOES E. Shelley and B. Green. Meeting 75-26 Page three VII. NEW BUSINESS WITH ACTION REQUESTED A. Recommended Fee Policies The General Manager 's memorandum (M-75-182 , dated December 4 , 1975) recommended that the Board of Directors establish no fees at this time. J. Olson introduced his report (R-75-24 , dated December 4 , 1975) regarding Recommended Fee Policies for the District. At the Board of Directors ' November 26 meeting, staff had been directed to study potential costs associated with hiking and equestrian use of the Fremont Older Open Space Preserve. He said that the difference in cost for main- taining hiking and equestrian trails is minimal; however, significant costs are related to intensity of use of a site. He pointed out that Palo Alto Foothills Park and Stevens Creek County Park have operating budgets of $100 ,000 and $160 ,000 per year, respectively, and attract hundreds of thousands of visitors . If the Fremont Older Open Space Preserve is opened to the extent these parks are, or even partially, the District would have to provide certain services such as parking areas , restrooms , water and sewer systems, information center, and extensive trash and litter facilities . More staff will be required to the extent a site is opened to public use, he added. He noted that Linda Vista Park, an 11 acre site * in the -foot- hills of the City of Cupertino which has no facilities, receives 3 ,000 visitors per month. J. Olson suggested the question of charging fees is related to the intensity and type of use a site receives , and is therefore a philosophical question the Board must deal with relative to the overall goals of an open space agency. He recommended that no fees be charged for the use of the Phase 1 portion of the Fremont Older Open Space Preserve at this time, but that the question may be reconsidered at the time the long range use and management plan for the site is presented. N. Hanko said the Palo Alto Foothills Park has facilities that attract people to it. B. Green added that these parks are advertised by the City of Palo Alto and Santa Clara County. Motion: E. Shelley moved that the Board of Directors adopt the recommendation of the Land Manager con- tained in R-75-24 that no fees be charged for the use of the Phase 1 trail on the Fremont Older Open Space Preserve. K. Duffy seconded the motion. Discussion: E. Shelley said the Board would discussing the question of advertising its sites in the future. The motion passed unani- mously. Meeting 75-26 Page four B. Fremont Older Open Space Preserve : Environmental Impact Assessment of Phase 1 Trail The General Manager ' s memorandum (M-75-186 , dated December 5, 1975) recommended that the Board approve the Negative Declaration for the Fremont Older Open Space Preserve Phase 1 Trail , and that the Board authorize the opening of the refined Phase 1 Trail system, subject to the special conditions contained in the Land Manager's report. J. Olson introduced his report (R-75-23 , dated December 4 , 1975) regarding the Environmental Impact Assessment of the Phase 1 Trail for the Fremont Older Open Space Pre- serve. At the November 26 , 1975 Board meeting, a map of the proposed Phase 1 Trail system was presented which included a link from Prospect to Regnart Road, a connec- tion to the Garrod Ranch and a loop within the Preserve. Based on further study of the site, he recommended that the portion of the trail which opens a link between Pros- pect and Regnart Roads be implemented, but that no further trail constructed be accomplished until the long range use and management plan for the site is completed. At that time, a number of issues regarding the location and use of trails on the site will be addressed. J. Olson advised that an Environmental Impact Assessment was prepared to study the effect of the implementation of the Phase 1 Trail , since it is considered a project under the District' s guidelines for compliance with the California Environmental Quality Act. Based on the EIA, it was the opinion of staff that only a Negative Declaration is required, provided the opening of the Phase 1 Trail is regulated by a number of conditions, including the follow- ing physical improvements and organizational considera- tions: (1) replacement of vehicle and equestrian/hiking gates and motorcycle barrier; (2) installation of informa- tional and directional signs at appropriate points along the train; (3) removal of dilapidated buildings ; (4) filling of gullies; (5) determination of route in consultation with U.S . Soil Conservation Service; (6) holding neighborhood meetings to explain use of property; (7) distribution of regulatory ordinance; (8) establishment of orderly permit system, wherein permits will be in effect until the long range use and management plan for the site is adopted by the Board. N. Hanko suggested any further planning for trails on the site should involve the Trails Task Force . D. Wendin said he was not certain the proposed trail would have no impact on the area, since the site has no parking facilities. Trail users might start parking on private property. J. Olson replied that permits could be granted on a non-vehicle basis , and people requesting permits for vehicle access would be limited to a certain number, per- haps ten vehicles. Meeting 75-26 Page five E. Shelley said he was disappointed that the loop trail had been eliminated from the revised plan. J. Olson pointed out that hikers can get to Hunter' s Point from the Phase 1 Trail. J. Olson suggested that the Phase 1 Trail plan being pre- sented appeared to be an acceptable solution to the prob- lems created by a political controversy. There are many potential problems which must be considered, such as parking, private property, maintenance, patrol, elimination of hazards, etc. , before implementation of any further trails. D. Wendin asked about potential liability associated with the Older house. J. Olson replied that the house had been boarded up and the District has had no problems with tres- passers so far. He added that he hoped the equestrians would patrol themselves through the sponsorship of the Castle Rock Horsemen's Association. K. Duffy asked that the word "horse" be stricken from the first line of the third paragraph on page four of the EIA document. Dr. Robert Mark, 725 Cowper, Palo Alto, suggested the title of the EIA was not appropriate. K. Duffy agreed, and by consensus the title was changed from "Phase 1 Equestrian Trail" to "Phase 1 Hiking and Equestrian Trail. " Mr. Gordon Jennings, 441 East Meadow, Palo Alto, said the equestrians would not object to a loop trail within the Fremont Older Open Space Preserve. He disagreed with the emphasis on fire hazards in the EIA, since equestrians have ridden in the area for many years and no fires have occurred in that time. Motion: B. Green moved that the Board of Directors approve the Negative Declaration attached to the Land Manager' s report (R-75-23, dated December 4 , 1975) , subject to the conditions contained within that report regarding physical improvements and organ- izational considerations, and including the limita- tion of issuing up to ten vehicle permits per day for the Fremont Older Open Space Preserve. K. Duffy seconded the motion. The motion passed un- animously. C. ordering of District Vehicles H. Grench introduced his memorandum (M-75-185 , dated Decem- ber 4, 1975) regarding the ordering of District Vehicles. He recommended that the Board authorize staff to develop Meeting 75-26 Page six specifications for bidding on two vehicles as described in the Land Manager's memorandum (M-75-184 , dated December 5, 1975) , and then go to bid and purchase or order through the State Office of Procurement, for their delivery. J. Olson explained that the use generated on District sites has created a need for more patrol . He advised that by summer, 1976 , the District would probably have hired an additional full-time ranger and one or two additional ranger aides. In order to provide enough vehicles for the number of employees and for the various kinds of uses (patrol, maintenance, land tours , errands, etc. ) , he recom- mended that two types of vehicles be considered : (1) a 1/2 ton pickup truck of the LUV (Chevrolet) or Courier (Ford) type, and (2) a four wheel drive utility station wagon. In order to receive the vehicles when they are needed, J. Olson felt the ordering process should be initiated at this time. H. Grench advised that the budget for fixed assets was short about $8 ,000 , since radio communications equipment which had been ordered for the 1974-75 fiscal year did not arrive until the 1975-76 fiscal year, and the money was inadvertently left out of the new budget. He recom- mended that the Board authorize the transfer of $8,000 from services and supplies into the fixed assets-equipment category for this purpose. D. Wendin said he preferred to delay ordering a fourth vehicle until the Board made some policy decisions on the use of District lands. H. Grench replied that the vehicles would be needed regardless of future Board decisions in this area. In the past, the District has been caught short, he said, because it waited until the last minute to hire staff or procure equipment, and this occurrence should be avoided. Motion: E. Shelley moved that the Board of Directors adopt the recommendation of the General Manager to begin bidding procedures for the purchase of two vehicles , and that $8 ,000 from the services and supplies category in the budget be transferred to fixed assets for this pur- pose. K. Duffy seconded the motion. The motion passed unanimously. Mr. Gordon Jennings asked the Board to consider converting to propane. Meeting 75-26 Page seven D. Changes in Rules of Procedure K. Duffy introduced the December 3 , 1975 memorandum of the Subcommittee regarding proposed Changes in the Rules of Procedure. She advised that the Board had, at its January 22 , 1975 meeting, left the rescheduling of this item to the discretion of the President. She had asked N. Hanko to serve on the Subcommittee , and they met on December 1 to consider a number of changes in the Rules of Procedure. The new Rules of Procedure incorporates the Policy for the Duplication and Dissemination of Agendas , Supporting Materials, and Other Records of the District. She said the Subcommittee recommended adoption by the Board of the Resolution of the Board of Directors of the Midpeninsula Regional Park District Revising Rules of Procedure for Midpeninsula Regional Park District. N. Hanko reviewed the changes which had been made to the old Rules of Procedure. The Rules would now include the following: (1) provision for meetings which fall on a holiday; (2) new deadlines for submission of agenda mater- ials; (3) provisions for establishing charges for public subscription to agendas and minutes; (4) revised order of business for District meetings; (5) definitions for the categories set forth in the order of business; (6) new timetable for availability of District minutes; (7) re- vised language regarding a majority vote of the Board to comply with amended enabling legislation; (8) establish- ment of the Budget Subcommittee as a standing subcommittee; (9) provision for establishment of subcommittees; (9) pro- vision for charging fees for special mailings , and (10) designation of days on which District office is closed. By consensus of the Board, the following changes were made in the proposed Rules of Procedure : (1) the word "prepared" should be inserted before the word "agenda" in the first line of the last paragraph on page three; (2) the words "land tour" shall be deleted from the paragraph describing Special Orders of the Day; (3) the words "pro- vided that any action be taken pursuant to Section 1 . 30" be added to the paragraph describing Adoption of Agenda; (4) the last three lines of the paragraph describing Unfinished Business should read as follows : " . . .regular Board meeting agenda at the discretion of the General Manager, unless otherwise designated by a majority of the Board. " ; (5) the words "or motions" be inserted after the word "resolutions" in the last line of the last para- graph on page six under Board Action; and (6) that the paragraph in the old Rules of Procedure referring to payment of Directors ' expenses be re-inserted into the document. Meeting 75-26 Page eight S. Norton said it was his opinion that the Budget Committee , as a standing committee, would be subject to the require- ments of the Brown Act. Motion: B. Green moved adoption of Resolution No. 75-25 , a Resolution of the Board of Directors of the Midpeninsula Regional Park District Revising Rules of Procedure for Midpeninsula Regional Park District, as amended. K. Duffy seconded the motion. The motion passed unanimously. The Board recessed at 9 :38 P.M. and reconvened at 9 :53 P.M. E. Annual LAFCO Urban Service Area Review H. Grench introduced his memorandum (M-75-179 , dated Decem- ber 3 , 1975) regarding the Annual LAFCO Urban Service Area Review. He advised that part of the Action Plan adopted for the implementation of the Governmental and Private Liaison Program includes the annual monitoring of Urban Service Area changes which are being proposed to LAFCO. It appeared that no increases in Urban Service Areas were being requested this year for cities located within the District. He suggested the Board might wish to consider recommending the reduction of some of these areas. In fact, the City of Cupertino is considering reducing its Urban Service Area. He said he would report later with recommended action for the Board. F. Reimbursement of Directors' Expenses E. Shelley introduced the report of the Subcommittee (con- sisting of Directors Shelley and Green) regarding the Reimbursement of Directors ' Expenses (M-75-174 , dated December 1 , 1975) . He said the recommendations contained in the report were based on the assumption that a Director 's compensation of $50 per meeting was intended to cover certain items , among them the attendance of Board meetings and governmental liaison within a Director' s ward, as well as activities performed at the initiative of an individual Director. The Subcommittee felt it would be appropriate, however, to reimburse Directors for direct, itemized expenses such as transportation, meals, child care, postage and telephone claims when those expenses have been incurred as the result of activities performed at the direction of the Board as a whole. These activities would include subcommittee work and liaison requested by the Board. The Subcommittee also recommended that each Director be provided with a filing cabinet to maintain District-related files . The file would be returned to the District at the end of a Director 's tenure. Meeting 75-26 Page nine N. Hanko said that Subcommittee work can prove to be expensive. For example, she spent a few hundred dollars on mileage and other expenses directly related to the Subcommittee on Urban Open Space of Regional Significance. B. Green added that she had spent a substantial amount of money for mileage and child care when she worked on the Annexation Subcommittee. S. Norton advised that out-of-pocket expenses are legally reimbursable. The decision by the Board on whether or not to provide reimbursement is a matter of policy. D. Wendin said he would be willing to support payment of specified expenses for subcommittee work only in special circumstances . E. Shelley suggested the Subcommittee could rewrite the recommendations to reflect D. Wendin's suggestion, including provision of files for Board members. H. Grench added that a procedure for verifying claims should be established. K. Duffy stated the consensus that the matter of Reimburse- ment of Directors ' Expenses be referred to the Subcommittee for further study. G. Proposed Assistant Secretary Position H. Grench introduced his memorandum (M-75-183 , dated Decem- ber 3, 1975) regarding a Proposed Assistant Secretary Posi- tion. He advised that the addition of several staff members and the increase in the overall District workload had made it apparent that an additional clerical position is needed. He said the average salary range midpoint for a comparable position in Santa Clara County was $720 . 60 per month, and if a salary range spread of 1. 3 is applied to this, the appropriate salary range for the Assistant Secretary posi- tion is $624 to $815 per month. Motion: K. Duffy moved adoption of the Job Description and salary range of $624 to $815 per month for an Assistant Secretary position as set forth in the General Manager 's memorandum (M-75-183) dated December 3, 1975. N. Hanko seconded the motion. The motion passed unanimously. H. Annual Claims List A memorandum (M-75-175) from J. P. Melton, Controller, dated December 10 , 1975 , advised that it would be necessary for the Board of Directors to approve a revised annual claims list in order to authorize the Controller to pay the office rent specified in the recently approved amended lease. Meeting 75-26 Page ten Motion: N. Hanko moved approval of the revised annual claims list as set forth in the memorandum of the Controller (M-75-175, dated December 10 , 1975) . K. Duffy seconded the motion. The motion passed unanimously. I. Possible Scheduling of Special Meeting in December H. Grench noted that the Board had passed a motion earlier in the meeting to hold a public hearing on the Master Plan. He suggested Wednesday, December 17 as a possible date. After discussion, K. Duffy stated the consensus that a Special Meeting of the Board of Directors would be held on Thursday, December 18 , 1975 for the purpose of holding a public hearing on the draft Master Plan of the Midpeninsula Regional Park District. VIII . NEW BUSINESS WITH NO ACTION REQUESTED A. Letter from Santa Clara County LAFCO N. Hanko referred the Board to a letter received from Santa Clara County LAFCO regarding proposed boundary changes in the San Mateo/Santa Clara County boundary. She asked if the proposed changes would have a substantial effect on the District. H. Grench replied that the net exchange of acreage was small, and the boundary changes had been proposed in order to make the actual boundary lines sensible. He said he was not certain what the timing of the proposed realignment would be. E. Shelley said he felt it was important to maintain good relations with LAFCO and the proposed boundary changes were not of sufficient significance to warrant opposing them. IX. INFORMATIONAL REPORTS K. Duffy said she had attended the meeting of the Cupertino City Council at which the proposed Cupertino Hillside General Plan/Draft EIR document was presented. The comments made by the District were, she felt, accepted favorably. She noted that the City Council had been requested by Councilperson Nellis to support the designation of the Catholic Church property as a park area, and a resolution to that effect is being prepared. The Council plans to seek the support of other agencies in this matter. Meeting 75-26 Page eleven X. CLAIMS Motion: N. Hanko moved acceptance of the revised claims (C-75-23) dated December 10 , 1975 . E. Shelley seconded the motion. The motion passed unani- mously. XI . EXECUTIVE SESSION The Board recessed to Executive Session at 10 :40 P.M. XII. ADJOURNMENT The Board reconvened to adjourn at 11 :15 P.M. Anne Cathcart Crosley District Clerk APPROVAL OF MINUTES Minutes of December 10, 1975 D. Wendin said he did not think the motion on page five of the minutes was accurate, since it was his recollection that the Board had left to staff the determination of how many vehicles would be allowed on the Fremont Older Open Space Preserve. E. Shelley suggested the wording of the last phrase in the motion read " . . .and including the limitation on vehicle permits. " D. Wendin referred to the third paragraph on page nine of the minutes, stating that his intention was that payment of specified expenses for subcommittee work would be made "only when approved by the Board" , rather than "only in special circumstances" , and asked that the minutes reflect this. B. Green said she recalled that N. Hanko advised she had driven a few hundred miles, rather than spent a few hundred dollars as reflected in the first paragraph on page nine of the minutes. N. Hanko agreed to the change. Two typographical errors on page four of the minutes were pointed out: the word "Manager" should read "Manager" in the first sentence of the first paragraph; the word "train" should read "trail" on line thirteen of the third paragraph. Mr. Gordon Jennings, 441 East Meadow, Pal.o Alto, said he would like the fifth paragraph on page five of the minutes to read "the equestrians would support a loop trail" in place of "the equestrians would not object to a loop trail. . " K. Duffy stated the consensus that the minutes of Decembe7- 10 , 1975 be adopted as amended.