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HomeMy Public PortalAbout19760114 - Minutes - Board of Directors (BOD) Nk OF Meeting 76-1 i MIDPENINSULA REGIONAL PARK DISTRICT Regular Meeting Board of Directors M I N U T E S January 14 , 1976 745 Distel Drive 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 Harring- ton, Stanley Norton, Del Woods and Judy Frosch. II . APPROVAL OF MINUTES A. Minutes of December 18 , 1975 A. Crosley advised that the following action, which had been inadvertently omitted from the December 18 , 1975 minutes , be added as the last paragraph on page five : "B. Green suggested the phrase 'and to give access to open space in the foothills and baylands ' be added after the word 'demand ' in the fourth line of the first paragraph under Trails on page 8 of the draft Master Plan. K. Duffy stated the consensus that this change be made . " N. Hanko said she recalled voting in favor of the last motion on page twelve of the minutes of December 18 , and asked that a change be made to reflect her vote . E . Shelley referred to the second to the last paragraph on page three of the December 18 minutes, stating that his intention was to assure that no other significant changes had been made in the order of the factors listed on page eighteen of the draft Master Plan. He asked that the minutes be changed to reflect this . K. Duffy stated the consensus that the minutes of December 18 , 1975 be approved as amended. Meeting 76-1 Page two III. WRITTEN COMMUNICATIONS There were no written communications at this time. IV. ADOPTION OF AGENDA K. Duffy suggested the Board consider the Agenda for the February Goals Workshop under New Business With Action Requested. K. Duffy stated the consensus that the agenda be adopted with this change. V. ORAL COMMUNICATIONS There were no oral communications at this time. VI. SPECIAL ORDERS OF THE DAY A. Election of officers E . Shelley advised that he did not feel he could serve as President of the Board due to his personal schedule and a lengthy planned trip, and asked that his name be removed from consideration for this office . The following directors were elected as officers for the year 1976: President. . . . . . . . . .Nonette Hanko Vice President. . . . .Daniel Wendin Secretary. . . . . . . . . .Katherine Duffy Treasurer. . . . . . . . . .Edward Shelley V. OLD BUSINESS WITH ACTION REQUESTED A. Proposed Name of Booker School Site H. Grench introduced his report (R-76-3) dated January 8 , 1976 , regarding the Proposed Name of the Booker School Site. J. Olson explained that an official name for the Booker School Site (informally named Congress Springs Open Space Preserve) was delayed at the time the use and management plan for the site was adopted until further study could be made. With the assistance of Dr . Maurice Tripp, a number of names of historical significance were considered, among them Campbell Sawmill and McCauley Tollroad. The name Congress Springs was felt to be too specific to this particular site, and an attempt was made to find a name which could apply to the area from the City of Saratoga to Saratoga Gap. Two names were found to fulfill this re- quirement: Costanoan Way Open Space Preserve and Saratoga Springs Open Space Preserve. Meeting 76-1 Page three J. Olson said that the alignment of Route 9 between Saratoga and Saratoga Gap follows a portion of the main east-west Indian route through the Santa Cruz Mountains . One of the largest Indian villages in the area was located at what is now the intersection of Fruitvale and Saratoga Avenues . The name "Costanoan" is a generalized term used to refer to the tribes who lived in the Bay Area. Naming the site Costanoan Way Open Space Preserve would recognize the early native- American population within the District. As an alternative, J. Olson suggested the name Saratoga Springs Open Space Preserve for the site . This name 's historical significance stems from the naming of mineral springs along Route 9 after the Saratoga Springs in New York State settled in the late 17001s. The Saratoga area became well-known as a mineral resort around the turn of this century. B. Green said she supported Costanoan Way Open Space Preserve as a means of recognizing those who took care of the Bay Area 's natural resources for many years. Motion: B. Green moved that Costanoan Way Open Space Preserve be the official name of the Booker School site. E . Shelley seconded the motion. The motion passed unan- imously. B. Annual LAFCO Urban Service Area Review H. Grench introduced his report (R-76-4) dated January 8 , 1976, regarding the Annual LAFCO Urban Service Area Review. He noted that the District reviews proposed changes in the Urban Service Area boundaries of cities within the District on an annual basis, as part of the activities set forth in the District' s Action Plan. This year, no Urban Service Area changes are being requested by cities within the Dis- trict. H. Grench advised that the Planning Policy Committee of Santa Clara County has been discussing the possibility of re-defining Spheres of Influence to include only those lands included within the cities' 20 to 30 year General planning period; initiating joint city/County planning studies for the new Spheres of Influence; and calling the old Sphere of Influence lines "boundary agreements. " H. Grench sug- gested the Board might generally support the PPC approach with the conditions that (1) Urban Service Areas are adjusted to correspond to the LAFCO/County definition of providing only enough undeveloped land for development over a 5 year period and (2) only cities without strong open space zoning controls to preserve open space should be encouraged to de-annex areas outside newly-defined Spheres of Influence. He further suggested either the staff or Director could moni- tor the PPC study. Meeting 76-1 Page four Motion: E . Shelley moved that the Board accept the recommen- dations contained in the General Manager 's report (R-76-4) dated January 8 , 1976 , and that Director K. Duffy be appointed the District 's representative to monitor the Planning Policy Committee study. B. Green seconded the motion. The motion passed unanimously. C. Reimbursement of Directors ' Expenses E. Shelley introduced a memorandum (M-76-4) of the Budget Subcommittee (Directors B. Green and E. Shelley) dated January 7 , 1976, regarding the proposed Reimbursement of Directors ' Expenses. This memorandum was prepared in response to a Board directive given to the Subcommittee at the December 10, 1975 Board meeting that further study be made, taking into consideration Board comments, and that specific recommendations be submitted. Motion: E . Shelley moved that the Board accept the recom- mendations contained in the January 7 , 1976 memorandum of the Budget Subcommittee (M-76-4) , as follows: 1 . Reimbursement should be limited to direct out-of-pocket expenses (i.e . , mileage, meals , child care, postage, telephone , etc. ) ; 2 . Expenses may be eligible for reimbursement if they are incurred as a result of activities associated with projects, committees or sub- committees designated by a majority of the Board to be "eligible for Directors ' expense reimbursement; " 3 . Telephone toll charges for District-related calls to the District office, other Board members ' homes or offices and staff members ' homes should be reimbursed; 4 . No other Directors ' expenses should be reim- bursed unless specifically approved by a majority of the Board; and 5 . All reimbursements for Directors ' expenses should be specifically identified and approved on a claims list. B. Green seconded the motion. Discussion: E. Shelley stated that it was the in- tention of the Subcommittee that Board members ' claims should be subject to the same checking pro- cedure as other claims , including approval by the General Manager. If an item is not approved by the General Manager , a Director may present the claim to the Board for consideration. The motion passed unanimously. Meeting 76-1 Page five E. Shelley said it was the Subcommittee 's recommendation that Directors be provided filing cabinets in which to maintain complete District-related files . He pointed out that a sig- nificant amount of material is generated by the District and sent to Directors each year. He further suggested that the accumulated files be transferred to new Directors by their predecessors. Motion: E. Shelley moved that the District furnish each Board member with a filing cabinet upon request, to remain District property and that Board members be encouraged to transfer these files to their successors in office. B. Green seconded the motion. Discussion: D. Wendin said he was opposed to the portion of the motion which encourages the transfer of files. He said his files were important to him, and if he intended to remain active after he left office, he would want to keep them. Motion to Amend: D. Wendin moved to amend E. Shelley's motion to strike the last phrase in which Directors are encouraged to transfer their files to successors. N. Hanko seconded the motion. Discussion: Mr. Gordon Jennings, 441 East Meadow Drive, Palo Alto, said he felt serving as an elected official is an honor, and remuneration for such service may not be appropriate. Mr. Robert Field, 5240 Joseph Lane, San Jose, suggested the Directors could use cardboard filing boxes,which cost very little . The amendment passed on the following vote: AYES - N . Hanko, D. Wen- din and K. Duffy; NOES - B. Green and E . Shelley. D. Wendin said he did not feel the provision of filing cabinets to Directors was a proper expense. The amended mo- tion passed on the following vote: AYES - K . Duffy, E. Shelley and B. Green; NOES - D. Wendin and N. Hanko. D. Appointment of Peace officers J. Olson introduced his report (R-76-2) dated January 7 , 1976 , regarding the Appointment of Peace Officers of the District. He pointed out that the District could establish a police department with full police powers , or peace officers with limited police powers who would enforce only those laws having a direct relationship to the District' s role . He recommended that the District ' s rangers be appointed as limited police officers under Section 830 .3 (m) of the State of California Penal Code. He further recommended that District rangers not be authorized to carry firearms. District rangers will also receive the following training : twenty hours of firefighting training by the California Division of Forestry; standard first aid by the Red Cross; cardio-pulmonary resusciation by the Red Cross; and public relations for park rangers as given by West Valley College. J. Olson explained that a number of methods will be used to educate the public about the District 's M-76-1 Page six Ordinance, including the following: (1) posting the Ordinance on District sites; (2) placing signs with a summary of the Ordinance at appropriate locations such as entrances; (3) in- cluding a summary of the Ordinance on the back of permits; (4) verbal contact on the site; (5) issuance of warnings for serious violations of the Ordinance or repeated disregard of previous warnings; (6) issuance of citations for serious vio- lations of the Ordinance or disregard of previous warnings; and (7) prosecution of those who have been issued citations . J. Olson advised that judges in each jurisdiction within the District would be given recommended bail and fine schedules to be applied to those who have been issued citations. The District may recommended work programs for those who are found guilty of violating the Ordinance as an alternative to being fined. The District ranger who issues a citation is responsi- ble for appearing in court to present the District's case to the judge. Violations of city or County ordinances or State law would be handled by the County District Attorney's office or appropriate city counsel , with the District ranger acting as a witness. J. Olson recommended the Board adopt a resolu- tion appointing himself and R. Garcia as peace officers for the District. In response to a question from D. Wendin, J. Olson advised that signing on any District site would be done in accordance with Board policy. S . Norton said it was his understanding that forfeited bail money goes to the State, rather than to the District. He advised that the filing of a criminal complaint following the issuance of a citation will ensure that the District will have the opportunity to suggest an alternate work program for a violator. B. Green said she favored the alternate work program approach. In response to a question from Dr. Robert Mark, 725 Cowper, Palo Alto, J. Olson advised that the District Board and staff members are not subject to the provisions of the Regulatory Ordinance. Mr. Gordon Jennings said he agreed with the philosophy that District rangers should not carry firearms. He said the only qualification to this would be a situation in which a ranger might have to control a pack of wild dogs or put a wounded animal out of its misery. Motion: B. Green moved adoption of Resolution No. 76-1, a Resolution of the Board of Directors of the Midpen- insula Regional Park District Appointing Peace Officers. K. Duffy seconded the motion. The motion passed unanimously. The Board recessed at 8 :55 P.M. and reconvened at 9 :05 P.M. Meeting 76-1 Page seven VI . NEW BUSINESS WITH ACTION REQUESTED A. County Park Proposal by City of Cupertino H. Grench introduced his memorandum (M-76-6) dated January 9 , 1976 , regarding a County Park Proposal by the City of Cupertino. He referred the Board to a letter received from the City Manager of Cupertino notifying the District that the Cupertino City Council had recently passed a resolution supporting an imme- diate study by the County of Santa Clara for the possible acquisition and development of an urban regional park on the 735 acre Catholic Church property. The property is located at Foothill Boulevard and Interstate 280, within the Sphere of Influence of Cupertino and adjacent to the cities of Los Altos, Los Altos Hills and Sunnyvale. B. Green suggested the Board could endorse the concept of an urban regional park in that location, subject to additional study. N. Hanko said it appeared the proposal was consistent with the recommended General Plan for the City of Cupertino. B. Green said supportive action by the District would be con- sistent with the District' s policy of encouraging the preserva- tion of open space by other public agencies. Mr . Gordon Jennings said he felt the District should support the Cupertino resolution to encourage a spirit of cooperation with other agencies. He said he would like to see this coop- eration continued with respect to trails planning . Motion: K. Duffy moved that the Board of Directors support the concept of an urban regional park in the location set forth in the City of Cupertino resolution, and that staff return to the Board with a formal response stating our support and referring to the location of District property in the area. B. Green seconded the motion. Discussion: N. Hanko said the letter could include a reference to the District 's interest in cooperating in such a study. D. Wendin suggested the Board word its motion to use the language in the last paragraph of the City of Cupertino resolution. Motion to Amend: K. Duffy moved that the motion be amended to state that the Board of Directors supports the immediate study by the County Board of Supervisors of the possible acquisition and development of that property located at the southwest intersection of Interstate 280 and Foothill Boulevard as an urban regional park, and that staff return to the Board with a formal response . B. Green seconded the motion. The motion passed unanimously. Meeting 76-1 Page eight K. Duffy asked that the City of Cupertino be notified when the item is placed on the District ' s agenda. B. Proposed Land Endowment Specialist Position H. Grench introduced his memorandum (M-76-1) dated January 7 , 1976 , regarding a Proposed Land Endowment Specialist Position. He noted that it was the policy of the Board, as expressed at Goals Workshops and in the Basic Policy, that the District should have a strong program for locating gifts and bargain purchases of open space lands and easements . H. Grench said he supported the recommendation of the Assistant General Manager that the District could expect to receive gifts in the amount of $200 ,000 or more annually if a person were hired to implement the Donations Subprogram in the District's Action Plan. The approximate direct costs of hiring this person would include (1) salary and benefits of $1800/month; (2) office space at $60/month; (3) fractional secretarial help of $350/month and (4) miscellaneous program expenses . He recommended that the Board approved the Job Description for the Land Endowment Specialist and a salary range of $15 ,580 to $21, 810 per year. He further recommended that monies be transferred as needed for the remainder of the fiscal year from the Fixed Assets-Acquisition Expense budget category to Salaries and Benefits. E . Jaynes introduced his report (R-76-1) dated January 6 , 1976 , regarding the proposed Land Endowment Specialist Posi- tion. He noted that, with minimal staff resources , the District has received over $500 ,000 worth of land in dona- tions to the District. If the Donations Subprogram were implemented by a Land Endowment Specialist, the result would probably be a significant increase in the achievement of the District' s open space preservation goals. E. Jaynes added that if annexation of south San Mateo County to the existing District was successful, the new area would pro- vide an even greater source for land donations . He said the Land Endowment Specialist would initiate personal con- tacts and generate interest among landowners as to the benefits of real estate donations or bargain sales. It is anticipated that the person hired for this position will have some expreience in fund raising , and would therefore be capable of coordinating the District' s Donations Sub- program with the activities of the "Friends of the MRPD Foundation. " He recommended that the Board approve the Job Description and salary range for the Land Endowment Specialist position. K. Duffy said she was pleased to have this recommendation presented to the Board, as she felt it was necessary to initiate a great deal of personal contact for donations. Meeting 76-1 Page nine Dr. Robert Mark said he was very optimistic and supportive of the hiring of a Land Endowment Specialist for the District. He said he hoped the Board had considered what they would do if the program failed to elicit results. E . Jaynes replied that an annual evaluation of the progress of the District in achieving its goals and objectives is made , and adjustments or changes in the program would be made at that time. Mr. Gordon Jennings pointed out that the Park and Recreation Department in San Mateo County has a very strong trails pro- gram. He suggested there were a number of people in south San Mateo County with the means and motivation to consider donating land to an agency such as the District. He said he hoped the District would choose a highly capable person for the position, and support that person 's efforts . Motion: K. Duffy moved that the Board approve the Job Descrip- tion for a Land Endowment Specialist position and a salary range of $15,580 to $21, 180 per year. E . Shelley seconded the motion. The motion passed unan- imously. Motion: B. Green moved that the General Manager be authorized to transfer the necessary funds for the Land Endowment Specialist position as needed for the remainder of the fiscal year from the Fixed Assets-Acquisition Expense budget category to Salaries and Benefits . K. Duffy seconded the motion. The motion passed unanimously. C. Policy Regarding Annexation Hearings H. Grench introduced his memorandum (M-76-2) dated January 7 , 1976, referring to possible Board Policy Regarding Annexation Hearings. He advised that Santa Clara County LAFCO had voted unanimously to retain jurisdiction over proceedings to annex south San Mateo County to the District, provided that the District would hold at least one hearing in south San Mateo County. H. Grench said LAFCO officials expressed no objection to having a hearing date set by the Board of Directors after LAFCO has acted on the matter. N. Hanko introduced her memorandum of January 7 , 1976 , on proposed Board Policy Regarding Annexation Hearings. She pointed out that an attached letter from the Chairperson of San Mateo County LAFCO to Santa Clara County LAFCO suggesting it would be helpful if the District could hold one or more public hearings in south San Mateo County. N. Hanko recom- mended that the Board adopt the policy that it will be the District' s intention to conduct at least one public hearing in the territory proposed to be annexed; and that a letter stating the policy be sent to the Local Agency Formation Commissions of each county. Meeting 76- Page ten H . Grench said he would transmit any action the Board might take to both LAFCOs. S . Norton said that according to the annexation timetable , the Board would have 15 days after February 4 (the date of the LAFCO meeting) to consider a public hearing date . Action by the District with respect to the annexation must be taken prior to March 18, 1976 (82 days prior to the June election) . Motion: N. Hanko moved that the Board of Directors adopt the policy that it will be the District ' s intention to conduct at least one public hearing in the territory proposed to be annexed; and that a letter stating the policy be sent to the Local Agency Formation Com- missions of each county. E. Shelley seconded the motion. Discussion: S . Norton suggested the words "In the event LAFCO authorized that the annexation proceed" be inserted at the beginning of the motion. N. Hanko and E . Shelley agreed to the change in the motion. The motion, as changed, passed unanimously. D. Agenda for February Goals Workshop K. Duffy suggested a subcommittee be appointed to discuss with staff procedures for the February 28 , 1976 Goals Workshop. Motion: N. Hanko appointed a Goals Workshop Subcommittee con- sisting of Directors D. Wendin and B . Green to return to the Board with a recommended procedure for conduct- ing the February 28, 1976 Goals Workshop. K. Duffy seconded the motion. The motion passed unanimously. H. Grench advised that the Citizens ' Committee for Annexation had received endorsements from Portola Valley, Woodside and Menlo Park for placing the question of annexation on the ballot. VII . CLAIMS Motion: B. Green moved acceptance of the revised claims (C- 76-1) dated January 14, 1976 . N. Hanko seconded the motion. The motion passed unanimously. VIII . EXECUTIVE SESSION The Board recessed to Executive Session at 9 :53 P.M. to dis- cuss land negotiations. IX. ADJOURNMENT The Board reconvened to adjourn at 10 :30 P .M. Anne Cathcart Crosley District Clerk II, APPROVAL OF MINUTES A. Minutes of January 14 , 1976 B. Green referred to page seven, paragraph two of the minutes of January 14 , 1976, and asked that the last phrase of the sentence read "suggesting further study by the County" in place of "subject to additional study. " E . Shelley referred to the second to the last paragraph on page one of the minutes, and asked that the last phrase in the first sentence read as follows: " . . .stating that his intention was to point out that item No. 1 had been moved to the opening sentence and that no other significant changes had been made in the order . of the factors listed on page eighteen of the draft Master Plan. " N. Hanko referred to page ten of the minutes and suggested that the heading "INFORMATIONAL REPORTS" should be inserted after the motion appointing the Goals Workshop Subcommittee members . K. Duffy referred to the Election of Officers section on page two of the minutes, and suggested a sentence be included to show that N . Hanko took over the duties of presiding officer at that time. Mr. Gordon Jennings, 441 East Meadow, Palo Alto, referred to page nine, paragraph two of the minutes, and asked that a sentence be added to reflect his statement that the success of the District 's land endowment program would depend on the ability of the District to attract a capable person to be the Land Endowment Specialist. E. Shelley said the tapes of the January 14, 1976 meeting could be checked to determine what was actually said . D. Wendin said he did not feel that was a proper e:�Ypend:iture of secretarial time and that a citizen who waned to 1-:ar ,c certain statements included in the minutes s:iould send a written communication to the Board. N . Hai",.) stated the consensus that the minutes of January 14 , 1976 be approved as amended by the Board.