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.