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Meeting 76-18
MIDPENINSULA REGIONAL PARK DISTRICT
Regular Meeting
Board of Directors
M I N U T E S
June 23, 1976 745 Distel Drive
Los Altos, CA
I. ROLL CALL
The meeting was called to order by President Hanko at 7 : 30 P.M.
Members Present: Katherine Duffy, Barbara Green, Nonette Hanko,
Edward Shelley and Daniel Wendin.
Personnel Present: Herbert Grench, Edward Jaynes , Anne Crosley,
Carroll Harrington, Bradley Clifford, Phyllis Lee, Stanley Norton,
Del Woods, Russ Irvin and Ellie Huggins.
APPROVAL OF MINUTES
A. Minutes of June 3 , 1976
N. Hanko stated the consensus that the minutes of June 3, 1976
be approved as presented.
B. Minutes of June 9 , 1976
N. Hanko asked that the tape recording of the meeting of June 9 ,
1976 be checked to determine if the motion in paragraph three
on page four of the minutes is accurate.
Mrs. Dorothy Jennings, 441 East Meadow, Palo Alto, asked that
the information on the names of the present members of the
Board of Directors of the Black Mountain Resource Conservation
District be included in the minutes of June 9 . N. Hanko stated
the consensus that this information would be included in the
minutes of June 9 .
Mrs. Jennings also asked that the comments attributed to Gordon
Jennings in the fifth paragraph on page seven of the June 9
minutes be attributed to her instead. N. Hanko stated the
consensus that the minutes be checked to determine the accuracy
of this statement.
WRITTEN COMMUNICATIONS
N. Hanko referred the Board to a letter from the Town of Woodside
requesting that the Board appoint Councilman Allan Newlands to
Meeting 76-18 Page two
the Annexation Subcommittee to assist in recommending ward
boundaries in the annexation area. She suggested the letter
could be discussed under agenda item No. 4 (b) , Status of
Ward Boundary Determination.
IV. ADOPTION OF AGENDA
N. Hanko stated the consensus that the report of the Open
Space Subcommittee of the Los Altos Hills Planning Commission
be considered under New Business With Action Requested.
V. ORAL COMMUNICATIONS
There were no oral communications at this time.
VI. SPECIAL ORDERS OF THE DAY
A. Open Space Conference Slide Presentation
Don Weden of the Santa Clara County Planning Department presented
a series of slides depicting the open space amenities of several
different areas in the midpeninsula, such as the Black Mountain
Open Space Preserve , Filoli Gardens , Hidden Villa Ranch, San Fran 11
-
cisco Bay, the baylands and Jasper Ridge Biological Preserve.
N. Hanko presented a Certificate of Appreciation to D. Weden
in recognition of his many contributions to the District.
VII. OLD BUSINESS WITH ACTION REQUESTED
A. Acceptance of Gift of Land as Addition to Fremont Older Open
Space Preserve, Unit No. 2
H. Grench introduced his memorandum M-76-94 dated June 18, 1976 ,
regarding the proposed Acceptance of Gift of Land as Addition to
Fremont Older Open Space Preserve , Unit No. 2 . He pointed out
that the Board of Directors had postponed consideration of this
item at its meeting of May 26 , 1976 , in order to allow the City
of Cupertino an opportunity to review its hillside plans . The
Cupertino City Council has advised District staff that the 2 .5
acre parcel is in conformity with the city's hillside plans .
Since there are certain liens on the property which the owner
has not yet taken care of, H. Grench recommended that the Board
accept the gift of property, subject to authorizing the General
Manager to record the deed to the property when the liens have
been removed to his satisfaction.
In response to a question from D. Wendin, S. Norton advised that
if the liens are not cleared, the Board may change its mind
about accepting the gift, but then it might not get title to
the property.
Meeting 76-18 Page three
Mr. Hunt Corregan, 1343 Stelling, Cupertino, asked what the nature
of the liens on the property was. H. Grench replied his under-
standing was that the liens related to a dissolution of bank-
ruptcy.
Motion: B. Green moved adoption of Resolution No. 76-13, a Reso-
lution of the Board of Directors of the Midpeninsula
Regional Park District Accepting Gift of Real Property
and Authorizing President to Execute Certificate of
Acceptance with Respect Tliereto (Fremont Older Open
Space Preserve, Unit No. 2) . K. Duffy seconded the
motion. The motion passed unanimously.
VIII . NEW BUSINESS WITH ACTION REQUESTED
A. Resolution of the Board of Directors of the Midpeninsula
Regional Park District Extending Congratulations to the
Citizens Committee for Annexation Upon the Successful
Annexation of South San Mateo County to the Midpeninsula
Regional Park District
Motion: N. Hanko moved adoption of Resolution No. 76-14 , a Reo-
lution of the Board of Directors of the Midpeninsula
Regional Park District Extending Congratulations to the
Citizens Committee for Annexation Upon the Successful
Annexation of South San Mateo County to the Midpeninsula
Regional Park District. B. Green seconded the motion.
Discussion: N. Hanko said the following people would
receive certified copies of the resolution in recognition
of their efforts to bring about a successful annexation:
Harry Turner, Michael Zimmerman, Allan Newlands, Jim
Goeser, Dick Bishop, Eleanor Boushey, Lennie Roberts,
Tom and Isabel Sewell , Ken and Polly Cooperrider, Penny
Bale, Jon Silver, Karen and Nils Nilsson, William DeWit,
John Kates, Kent Mitchell , Linda Craig, Penny Sevison,
Jim McGuinness, Gary Nielsen, Bill Steele, Jim Calloway,
Malcolm Dudly, Ursula Rea and Barbara Kaiser. The motion
passed unanimously.
Ms. Lennie Roberts, 339 La Cuesta, Portola Valley, presented a
map to the Board of Directors which depicted a relief map of the
former District and the annexed area. The map was used by the
Citizens Committee for Annexation in presentations to public
and private groups .
Ms. Roberts invited Board and staff members to attend a tour of
Black Mountain Open Space Preserve on July 11 , 1976 , beginning
at 9 :15 A.M. and ending about 2 :00 P.M. The tour will be lead
by MRPD docents and will leave from the Ladera Shopping Center.
Meeting 76-18 Page four
B. Report of Annexation Subcommittee
(a) Proposed Appointment Procedures for Interim Directors
D. Wendin introduced a report (R-76-17) dated June 17 , 1976
from the Annexation Subcommittee (Directors Hanko and Wendin)
regarding Proposed Appointment Procedures for Interim Direc-
tors. He advised that the Subcommittee had met the previous
week with H. Grench, S. Norton and A. Crosley to prepare a
schedule to be considered by the Board if it chooses to
appoint interim Directors. If the schedule is followed,
candidates for interim Director may apply through July 6 ;
adoption of ward boundaries and interviewing candidates
will occur on July 7 at a Special Meeting; and selection of
the interim Directors will be made in public session at the
July 14 Regular Meeting of the Board. D. Wendin said the
proposed schedule avoids oijerlapping of the appointment
process with the period in which candidates running in the
November election can circulate nominating petitions .
E. Shelley wondered if the Board should commit itself to
appointing interim Directors , since suitable applicants
may not be found.
D. Wendin pointed out that the regional park district enabling
legislation allows the Governor to appoint Directors to
vacancies in the event the Board fails to do so within
thirty days of the creation of such vacancies.
Motion: N. Hanko moved that the Board of Directors will
appoint two Directors to fill vacancies created by
the annexation of new territory in southern San
Mateo County. D. Wendin seconded the motion.
Discussion: K. Duffy said she was reluctant to
provide two people with the advantage of being
incumbent Directors in the November election. She
said it seemed presumptuous for the Board to
appoint Directors representing another area. B.
Green said she had the same concerns ; however,
there is also the problem of providing the newly
annexed area with representation as quickly as
possible. N. Hanko said her feelings on the matter
had been mixed until the last week or so. She has
received many inquiries from both her constituents
and from San Mateo County residents , the majority
of whom support interim appointments. She advised
that, as President of the Board, she had received
a tremendous number of telephone calls asking about
the District, its programs and policies , and she
felt it was very important that a San Mateo County
resident be available to these people to answer
questions and to take action in an official capacity.
Ms. Nancy Jewell Cross , 1902 Palo Alto Way, Menlo
Park, said she represented the Committee for Safe
Meeting 76-18 Page five
and Sensible San Francisquito Creek Area Routing. She
said the Committee was concerned with both park and open
space areas and transportation. One of the problems
they have encountered is appointment to fill vacancies
just prior to an election. She said citizens want self-
determination, not representation chosen by someone else.
She suggested the District could hire a paid representa-
tive or another staff member to handle the workload until
elected Directors take office. N. Hanko pointed out that
the Board was required by law to fill the vacancy within
thirty days or the Governor could fill it. She added
that Directors elected in November would not take office
until the first Wednesday in January, 1977, which is seven
months away. Mr. Donald Kallstrom, 540 Middlefield Road,
Atherton, submitted his application for interim Director
to the Board and said he felt it was very important to
have representation from San Mateo County as quickly as
possible. Mr. Harry Turner, 481 La Mesa Drive, Menlo Park,
said he had received many inquiries about the District
and potential land acquisitions in the annexed area. He
cautioned that waiting another seven months might result
in the loss of opportunities for the District to do good
work in that area. The motion passed unanimously.
D. Wendin noted that- the District Clerk had prepared a form
for potential applicants to complete. He suggested that
applications for interim Director be available for public
inspection.
N. Hanko stated that Ward 6, which will initially have a
two year term, is the ward contiguous to existing Ward 5.
At the direction of N. Hanko, D. Wendin drew by lot a piece
of paper stating that Ward 6 would have an initial two-year
Director term. Ward 7 , and subsequent Ward 6, would be
for four years.
B. Green asked if the interviews of candidates for interim
Director could be taped, since she would be on vacation that
date. S. Norton replied that the interviews could be taped.
D. Wendin noted that the description of ward boundaries in
advertisements will not be precise, and it should be made
clear that the boundaries are tentative.
Motion: N. Hanko moved that the Board of Directors hold a
Special Meeting on July 7 , 1976 at 7 : 30 P.M. at the
District office for the purpose of approving sub-
district (ward) boundaries and interviewing candi-
dates in Executive Session for the two positions of
Director in new wards 6 and 7. E. Shelley seconded
the motion.
Amendment to Motion: D. Wendin suggested the motion
be amended to include the information that Ward 6 is
contiguous to Ward 5. N. Hanko and E. Shelley agreed
to the change.
Meeting 76-18 Page six
Discussion: In answer to a question from Mr. Kall-
strom, S. Norton advised that the only legal quali-
fication for candidates for interim Director is that
they be registered voters within the annexed area.
The motion passed unanimously.
H. Grench referred the Board of Directors to the policies
previously adopted regarding advertisement of Director
vacancies, which provide for advertising such vacancies
ten days prior to appointment on a form prepared by the
District Clerk.
C. Harrington advised that she would expect to advertise in
the following newspapers : Redwood City Tribune, Palo Alto
Times, Menlo Atherton Recorder, Country Almanac, San Mateo
Times and San Carlos Inquirer.
Ms. Cross suggested the District also advertise in the Penin-
sula Bulletin, published in East Palo Alto.
Motion: N. Hanko moved that advertising commence as pre-
scribed by District policies to inform and invite
applicants , and that such advertisements be placed
in the Redwood City Tribune , Palo Alto Times , San
Mateo Times, Menlo Atherton Recorder, San Carlos
Inquirer and Country Almanac. K. Duffy seconded
the motion. The motion passed unanimously.
N. Hanko stated the consensus that the Board would receive
applications for interim Directors for wards 6 and 7 at the
District office prior to 5 :00 P.M. on Tuesday, July 6 , 1976,
and that forms which may be used for this purpose will be
prepared by the District Clerk.
In response to a question from D. Wendin, S. Norton advised
that recent legislation had attempted to reconcile the need
for public knowledge of appointments to public bodies with
the right of applicants for such appointments to some con-
fidentiality. The policy of some jurisdictions is to hold
interviews in executive session and to make selections in
public session.
D. Wendin stated the consensus that applicants shall be in-
formed that their applications are available for public
inspection.
In response to a question from Ms. Cross , S . Norton advised
that any tape recordings of Executive Session interviews
may be used as the Board determines.
H. Grench said he felt public interviews gave an advantage
to those candidates who have had the opportunity to listen
F
Meeting 76-18 Page seven
to previous candidates.
Board members discussed the pros and cons of taping the
interviews , holding public interviews , and allowing members
of the public to hear the tapes.
D. Wendin said he preferred that candidates for interim
Director feel free to speak openly. He added that the
mechanics of making tapes available to the public might be
a problem, and the Board had been delegated by virtue of
their elected status to make an appropriate selection of
interim Directors.
Mr. Corregon said if there was any risk that the tapes would
be misused, no tapes should be made.
Mr. Gordon Jennings , 441 East Meadow, Palo Alto, suggested
that allowing tapes to be reviewed by the public might give
rise to accusations of preferential treatment regarding
questions asked.
K. Duffy said she favored public interviewing sessions.
Mr. Kallstrom said he felt interviews should be private.
Motion: D. Wendin moved that paragraph 5 (c) of the Sub-
committee report be amended to read as follows :
"The Board will conduct interviews (without deliber-
ation) in Executive Session (July 7, 1976 Special
Meeting) . Additional time can be scheduled if
required. Interviews will be taped for the exclu-
sive use of Board members. B. Green seconded the
motion.
Motion to Amend: K. Duffy moved to amend the
motion to delete the word "exclusive. " The motion
failed for lack of a second.
Motion to Amend: D. Wendin moved to amend the
motion to state that the tapes will be erased as
soon as practical after Directors have been
selected. The motion failed for lack of a second.
The original motion passed on the following vote:
AYES - K. Duffy, B. Green, N. Hanko and D. Wendin;
NOES - E. Shelley.
Discussion: E. Shelley said he voted "no" on
the motion because he did not feel the sessions
should be taped.
D. Wendin suggested that the Board make its deliberations
at the July 14 Regular Meeting in public session and vote
by secret ballot. The ward voted upon first could be
determined by lot, a list of the candidates for each ward
could be read, and the Board would vote until one candidate
had received three votes (for each position) .
Meeting 76-18 Page eight
N. Hanko stated the consensus that the Board will make its
deliberations regarding candidates for interim Director posi-
tions at its July 14 Regular Meeting in public session, and
that voting for candidates will be done by secret ballot.
The wards will be voted upon in an order determined by lot,
a list of candidates for each ward will be read prior to
voting, and the Board will vote on each position until a
candidate has received a majority of Board votes.
Motion: N. Hanko moved adoption of the procedures for the
conduct of interviews for interim Directors as
recommended in the June 17, 1976 Subcommittee report,
and as amended by the Board. B. Green seconded the
motion. The motion passed unanimously.
D. Wendin stated the consensus that the Board intends to take
the action recommended in paragraphs 6 and 7 of the Subcom-
mittee ' s report as follows: The District will request con-
solidation with the general election held in south San Mateo
County, for which candidates for Director may file with the
District Clerk (tentatively July 14 meeting) , and the District
will approve a contract for election services with San Mateo
County (tentatively July 14 meeting) .
The Board recessed at 9 : 50 P.M. and reconvened at 10 :02 P.M.
(b) Status of Ward Boundary Determination
N. Hanko referred to her memorandum dated June 15 , 1976 ,
advising the Board of the Status of Ward Boundary Determina-
tion for the annexation area. She said Director Wendin and
she would be joined by Linda Craig of Menlo Park and Paul
Keckley of Redwood City to make recommendations on an appro-
priate boundary between wards in south San Mateo County.
A meeting is scheduled for June 17 , 1976 at the District
office. N. Hanko referred the Board to a letter received
from Mayor Robert F. Burgess of the Town of Woodside , asking
that the District include Woodside Councilmember Allan New-
lands in ward boundary determination meetings. She asked
the Board for its consent to invite Mr. Newlands to parti-
cipate in such meetings . She felt Woodside and Redwood City
would be the two municipalities most affected by a decision
on ward boundaries, and it was therefore appropriate to
have a representative from each of these areas. The Board
members indicated their consent that Mr. Newlands be
invited to participate in ward boundary discussions .
D. Woods described the tentative proposed boundary between
new wards 6 and 7 in the annexed area of south San Mateo
County. The boundary would follow the city line between
Atherton and Redwood City, with unincorporated portions in-
cluded in the southern ward. The remainder of the boundary
Meeting 76-18 Page nine
could either divide Woodside and Portola Valley at their
municipal boundaries or follow the southern boundary of the
Woodside Elementary School District to Portola Valley.
D. Wendin suggested the description of the tentative ward
boundaries included in advertisements for interim Director
vacancies should make it clear that such boundaries are
only recommended rather than definite.
C. Appointment of Peace Officers
H. Grench introduced his memorandum (M-76-91) dated June 16 , 1976
regarding the Appointment of Peace Officers . He advised that
the Board had accepted the Land Manager 's recommendations in
report R-76-2 (January 7 , 1976) that District rangers be appointed
as limited peace officers as outlined under Section 830 . 3 (m) of
the Penal Code of the State of California. At that time , the
Board appointed J. Olson and R. Garcia as peace officers. Ranger
Aides J. Frosch and R. Irvin have recently completed a course
entitled "Laws of Arrest, Search and Seizure" which is required
of prospective peace officers. The peace officer designation will
allow them to issue citations as necessary. H. Grench recommended
the Board adopt a resolution appointing J. Frosch and R. Irvin as
peace officers of the District.
Motion: B. Green moved adoption of Resolution No. 76-15 , a Reso-
lution of the Board of Directors of the Midpeninsula
Regional Park District Appointing Peace Officers. K.
Duffy seconded the motion. The motion passed unanimously.
D. Interim Budget for Fiscal Year 1976-1977
H. Grench introduced his memorandum (M-76-89) dated June 11, 1976 ,
regarding the use of an Interim Budget for Fiscal Year 1976-1977.
He explained that a number of factors , including the uncertainty
of the outcome of the annexation election and the extended absence
of the District' s Controller, have delayed preparation of the
budget for the 1976-1977 fiscal year. He said presentation of
the budget is scheduled for the first or second Regular Meeting
in July. He recommended that the Board adopt an interim budget
which would allow the use of reserves which had been budgeted
for the first half year's operating and land acquisition expenses
at current expenditure levels. He further recommended adopt the
Annual Claims set forth for the month of July, 1976 , which in-
cludes normal salary, benefits , office rent and vehicle expenses .
Motion: E. Shelley moved adoption of an interim budget as set
forth in the General Manager's memorandum M-76-89 , dated
June 11 , 1976 , and adoption of the Annual Claims list
for the month of July, 1976 as presented. B. Green
seconded the motion. The motion passed unanimously.
Meeting 76-18 Page ten
E. Shelley suggested he be replaced as a member of the Budget
Subcommittee since he would be out of town for an extended
period of time.
N. Hanko stated the consensus that Director D. Wendin would
replace E. Shelley as a member of the Budget Subcommittee.
E. Los Altos Hills ' Open Space Committee Report
N. Hanko referred Board members to a report presented to the
Los Altos Hills City Council by the Open Space Committee of
the Los Altos Hills Planning Commission. She said the report
contained a number of serious misstatements about the District,
and suggested that a letter be sent to Los Altos Hills in
response. She distributed a draft letter for consideration
by the Board.
Motion: N. Hanko moved that the President of the Board be
directed to send a letter to the Los Altos Hills City
Council in response to the Open Space Committee report.
D. Wendin seconded the motion.
Discussion: D. Wendin suggested the words "of course"
be deleted from the fourth paragraph on page two of the
draft letter. He also suggested that a sentence be
added to that paragraph which would state that "The
draft plan suggests corridors for regional trails out-
side the Urban Service Areas. " N. Hanko stated the
consensus that the paragraph be amended by striking
the words "of course" and adding the following sentence:
"This draft plan suggests District participation in
regional trails outside of the Urban Service Area. "
The motion, as amended, passed unanimously.
IX. INFORMATIONAL REPORTS
A. City of Cupertino Hillside General Plan
H. Grench advised that the City of Cupertino had held a joint
session of the City Council and Planning Commission to consider
adoption of the Hillside Element of their General Plan. Cuper-
tino adopted a statement that acquisition of open space outside
the Urban Service Area is in conformity with Cupertino's General
Plan. An additional statement was that acquisition of open
space within the Urban Service Area was a compatible use, but
each acquisition was subject to review. Cupertino also adopted
a formula for determining building density based on the Monte-
bello Ridge study, which was a higher density than was suggested
by the County of Santa Clara. Within the Urban Service Area,
minimum lot size is 10 ,000 square feet. H. Grench said he felt
the density levels adopted by Cupertino made development viable
and profitable for property owners.
Meeting 76-18 Page eleven
B. Stevens Creek Shoreline Nature Study Area Grant Application
H. Grench advised the Board that the Bureau of Outdoor Recreation
had notified the District that the District 's application for
a $210 ,000 grant to purchase approximately 54 acres of baylands
property has been approved.
X. CLAIMS
H. Grench asked that the Board add a claim for $1,000 for the
option fee fund increase to the revised claims list.
Motion: K. Duffy moved adoption of the revised claims (C-76-11)
dated June 23, 1976 , with an additional claim for $1,000
for an option fee funds increase. B. Green seconded
the motion. The motion passed unanimously.
XI. EXECUTIVE SESSION
The Board recessed to Executive Session at 10 : 35 P.M. to discuss
land negotiations and personnel matters .
XII. ADJOURNMENT
The Board reconvened to adjourn at 12 :10 A.M.
Anne Cathcart Crosley
District Clerk