HomeMy Public PortalAbout19760114 - Minutes - Board of Directors (BOD) Nk OF Meeting 76-1
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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.