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HomeMy Public PortalAbout19760623 - Minutes - Board of Directors (BOD) ---------- 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