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HomeMy Public PortalAbout19760811 - Minutes - Board of Directors (BOD) *% Meeting 76-22 .vzw i am MIDPENINSULA REGIONAL PARK DISTRICT Regular Meeting Board of Directors M I N U T E S 745 Distel Drive August 11, 1976 Los Altos , CA I. ROLL CALL The meeting was called to order by President Hanko at 7 : 35 P.M. Members Present: Katherine Duffy, Barbara Green, Nonette Hanko, George Seager and Daniel Wendin. Members Absent: Edward Shelley and Harry Turner Personnel Present: Herbert Grench, Anne Crosley, Bradley Clif- ford, Stanley Norton and John Melton. APPROVAL OF MINUTES A. Minutes of July 28 , 1976 B. Green suggested the word "could" be changed to "would" in the second sentence of paragraph six on page nine of the minutes of July 28 , 1976 . She further suggested that the sentence "The motion passed unanimously" be added to the end of the paragraph containing the second motion on page ten of the minutes . N. Hanko stated the consensus that the minutes of July 28 , 1976 be approved with the above changes . WRITTEN COMMUNICATIONS N. Hanko referred the Board to a letter dated July 28 , 1976 from Mr. Henry E. Anthony, Chairman of the East Palo Alto Municipal Council , requesting that the Board of Directors meet with the Council , the Ravenswood Park and Recreation District and the San Mateo County Parks and Recreation Commission for a joint study session on August 9 . She advised the Board that she had contacted Mr. Anthony to let him know it would be difficult to arrange for maximum Board attendance in that short a time. Mr. Anthony suggested September 13 as an alternative date. She suggested the Board consider scheduling a special meeting for this purpose, and asked that the matter be placed under New Business With Action Requested. Meeting 76-22 Page two H. Grench referred the Board to a letter dated July 27 , 1976 from Mr. William R. Riley of Wiley and Company, asking the the Board to consider the services of his financial consulting firm with respect to the Picchetti ranch purchase. H. Grench suggested that staff send a letter to Mr. Riley advising him of the status of the Picchetti property and that his letter will be kept on file. The Board agreed that this would be appropriate. IV. ADOPTIO14 OF AGENDA H. Grench asked that the Board consider the matter of appoint- ing a representative to the Shoreline Regional Park Subcommittee under Old Business With Action Requested. B. Green asked that the Board consider sending a congratulatory letter to the new Santa Clara County Executive under New Business With Action Requested. N. Hanko stated the consensus that the agenda be adopted with the above additions . V. ORAL COMMUNICATIONS There were no oral communications at this time. VI. NEW BUSINESS WITH ACTION REQUESTED A. Response to East Palo Alto Municipal Council Letter N. Hanko referred to the Board's discussion under Written Communi- cations of a letter from the Chairman of the East Palo Alto Municipal Council requesting a joint study session with the MRPD Board. D. Wendin said he felt it would be appropriate for two or three Board members to attend, but he did not consider that the circum- stances warranted calling a Special Meeting. He cautioned the Board about establishing a precedent. In response to a question from B. Green, S. Norton advised that if more than three Board members planned to attend the meeting, he felt the District should give notice. Ms. Dorothy Jennings , 441 East Meadow, Palo Alto, said she thought responsibility of giving notice for the meeting should belong to East Palo Alto, not the District. G. Seager said it was his interpretation that the Board was being invited to a joint study session, not attendance at an East Palo Alto meeting. He felt this would be an excellent opportunity for the Board to establish good relations with officials in the annex- ation area. Meeting 76-22 Page three Motion: N. Hanko moved that a Special Meeting be called for the purpose of attending a joint study session with the East Palo Alto Municipal Council , the Ravenswood Park and Recreation District and the San Mateo County Parks and Recreation Commission at 8 :00 P.M. on Mon- day, September 13 , 1976 at the Municipal Center at 2415 University Avenue in East Palo Alto. B. Green seconded the motion. Discussion: N. Hanko said she would expect either the General Manager or Assistant General Manager to attend the meeting. H. Grench pointed out that minutes would have to be taken. The motion passed on the following vote: AYES - K. Duffy, B. Green, N. Hanko and G. Seager; NOES - D. Wendin. B. Interim Conflict of Interest Code N. Hanko said this matter had been placed on the agenda so the Board could consider the possibility of adopting an Interim Con- flict of Interest Code that would require disclosure of certain financial assets of candidates for the Board of Directors in the November 2 , 1976 election. She said it was her understanding that it was highly unlikely that the Board could adopt a code and have it approved by the Fair Political Practices Commission in time for that election. S. Norton said that in January, 1975 he prepared a memorandum (M-75-4) advising the Board of the general parameters of the Political Reform Act of 1974 (Proposition 9) . The Act prohibits voting by public officials on matters involving conflicts of interest. It requires disclosure of campaign contributions and also compels disclosure of financial assets and sources of income. Disclosure of financial assets and income sources applied to city, county and State officials on an immediate basis, but did not apply to special districts. However, special districts were required to adopt a code when requested by the appropriate agency (e.g. , Board of Supervisors) , which would cover the key employees of the district as well as public officials and candi- dates for such offices. S. Norton said that until the June 8 , 1976 election, the MRPD was under the jurisdiction of Santa Clara County with respect to Proposition 9 requirements. How- ever , the MRPD is now a bi-county agency and is therefore under the jurisdiction of the Fair Political Practices Commission. He noted that the District Clerk has directed a letter to the Commission advising them of the MRPD's changed status. He has had several conversations with Commission representatives, and they have informed him that the District will not be expected to file a code with them until February, 1977 . The Commission will send a model code as a guideline in mid-September, 1976. S. Norton said the Commission would not be able to consider a code from the District until October or November in any event, when a public hearing on the code would be held. Then, if the Meeting 76-22 Page four Commission approves the District 's code, the code will become effective in thirty days. The District can enforce the code thirty days after that thirty day period. S . Norton said he did not believe the code could be made effective in time for the November election. He added that he preferred to delay drafting a code for the District until he could use the Commis- sion's model code as a guide. G. Seager suggested the Board consider using the Santa Clara County code as an interim code. In response to a question from D. Wendin, S . Norton advised that the Board can request candidates to make financial dis- closures. Motion: N. Hanko moved that the District' s Legal. Counsel be directed to develop an interim conflict of interest code under Proposition 9 which would cover candidates for Director, Board members and key employees , which would be the General Manager, Assistant General Manager, Land Manager, Legal Counsel, Controller, District Clerk and Land Endowment Specialist, and candidates for said positions. K. Duffy seconded the motion. Discussion: H. Grench said he would assume the provi- sions of the code with respect to employees would cover at what point candidates for those positions would be expected to provide such information. Motion to Amend: D. Wendin moved to amend the motion by striking the reference to employees. B. Green seconded the motion to amend. Discussion: N. Hanko said she would withdraw the reference to employees in her motion. D. Wendin said he did not feel it was proper to ask candidates to disclose, and not expect employees to disclose. S. Norton said he did not think the Fair Political Practices Commission would approve a code that did not refer to employees, or that did not follow the Commission's model. J. Melton suggested the Board simply ask for voluntary compliance. K. Duffy and G. Seager suggested the Board pass a resolution requesting a voluntary statement of candidate' s and Board member' s financial assets, and wait until the Commission sends its model code before proceeding with the drafting of a code for the District. The motion to amend passed unanimously. N. Hanko said she wished to withdraw her original motion. K. Duffy concurred with the withdrawal of the motion. Motion: G. Seager moved that the Board direct Legal Counsel to draft a resolution of the Board that an interim voluntary request be made of Director candidates and Board members to file financial disclosure statements. B. Green seconded the motion. The motion passed unanimously. Meeting 76-22 Page five VII. OLD BUSINESS WITH ACTION REQUESTED A. Shoreline Regional Park Subcommittee H. Grench stated that the Board had considered at its July 28 , 1976 meeting a letter from Mr. Dwight Martin, Director of Parks and Recreation from the City of Mountain View, inviting a representative from the District to serve on a Shoreline Regional Park Subcommittee that was being formed by the Mountain View Parks and Recreation Commission. The Board had decided to place the item on the August 25 , 1976 meeting agenda when Director E. Shelley was expected to be present. H. Grench advised that staff had just learned that Director Shelley will not return until September 1. He suggested the Board direct staff to inform Mr. Martin that a representative to the Sub- committee from the District will be appointed at the first meeting at which E. Shelley is present. Motion: D. Wendin moved that staff be directed to send a letter advising the City of Mountain View Parks and Recreation Commission (through Mr. Martin) that the Board will appoint a representative from the District to serve on the Shoreline Regional Park Subcommittee at the first meeting when E. Shelley is in attendance. K. Duffy seconded the motion. The motion passed unanimously. VI. NEW BUSINESS WITH ACTION REQUESTED (continued) C. Letter of Congratulations to Santa Clara County Executive B. Green noted that Mr. William Siegel had recently been appointed the new County Executive for Santa Clara County. She suggested the Board send a letter of congratulations to Mr. Siegel. N. Hanko added that it would be nice if as many Board members as possible could sign the letter. Motion: D. Wendin moved that a letter of congratulations be sent from the Board of Directors to William Siegel, Santa Clara County Executive, for his appointment to that position. B. Green seconded the motion. The motion passed unanimously. VIII. INFORMATIONAL REPORTS A. MRPD Open Space Foundation B. Clifford advised that most of the people he had contacted regarding the establishment of an open space foundation were very positive about the idea. Articles of Incorporation and Meeting 76-22 Page six By-laws had been drafted, and the objectives of the foundation had been refined to include the following: (1) to enhance the District's open space program, (2) to provide exposure regarding the tax benefits of donations , (3) to inform the business com- munity about open space and (4) to communicate open space values to the public. K. Duffy noted that the East Bay Regional Park District fund- raiser seeks funds for almost anything, not just land. B. Clifford replied that the open space foundation is just a start, and that donations of any kind will be welcome. B. Shooting Incident at North Foothills Open Space Preserve H. Grench advised the Board that the County Sheriff's Department and City of Palo Alto Police had responded to a report from District Ranger Aide J. Frosch that several gunshots had been directed at her from persons on the North Foothills Open Space Preserve. Two suspects were apprehended with respect to the incident. C. Office Space Requirements H. Grench advised the Board that staff was working on office space requirements , including discussions with the landlord regarding expansion possibilities at the District's present location. In response to a question from B. Green, he said it did not appear that the District would gain much in terms of keeping in the geographic or population middle of its territory by moving further north. N. Hanko suggested the matter be agendized for discussion so the new Board members can become familiar with office space requirements , and the Board can re-evaluate the need for a greater meeting room area. G. Seager said he would not want to expand the meeting room area solely to accommodate two monthly meetings. A. Crosley advised that the room did receive substantial daily use for map work and by volunteer and intern workers , and for other conferences. D. Wendin said he felt office space arrangements and floor plans were administrative matters would should be left to the staff. K. Duffy said she agreed with this. N. Hanko said she felt the meeting environment was important. D. Jennings urged the Board to give the General Manager their confidence that staff can handle office space arrangements. Mr. William Lloyd, 2555 Park Boulevard, Palo Alto, suggested staff should contact adjacent office space renters. Meeting 76-22 Page seven G. Seager said he agreed that further proceedings with regard to office space requirements was an administrative matter which could be handled by the General Manager. V. ORAL COMMUNICATIONS (continued) Mr. William Lloyd, 2555 Park Boulevard, Palo Alto, said he was the real estate agent for Washington Realty, Inc. , which owned the property on which both the Nellis family and the District had options. He said it was his understanding that the Board would discuss the property this evening, and he was anxious that a decision be made as to the District 's interest in the site. H. Grench said he had advised Mr. Lloyd that the matter would be discussed in Executive Session, not in the public portion of the meeting. He suggested Mr. Lloyd call the office the next day if he wanted information about the outcome of such discus- sions. In response to a question from N. Hanko regarding his prefer- ences about District involvement with the property, Mr. Lloyd said he had first brought the property to the District's atten- tion about a year ago, but the Nellises want the property also. He said he would like a decision by the District or an indica- tion that the District would attend a meeting of the interested parties. He said he would rather the District withdraw its interest in the property. IX. CLAIMS Motion: B. Green moved approval of the revised claims (C-76-14) dated August 11 , 1976 . N. Hanko seconded the motion. The motion passed unanimously. VIII. INFORMATIONAL REPORTS (continued) D. Governmental Liaison in Ward 7 G. Seager advised that he was continuing his efforts to establish good communications with officials of Redwood City and San Carlos. X. EXECUTIVE SESSION The Board recessed to Executive Session at 9 :16 P.M. to discuss personnel matters and land negotiations. XI . ADJOURNMENT The Board reconvened to adjourn at 10 : 38 P.M. Anne Cathcart Crosley District Clerk A. Minutes of August 11 , 1976 B. Green suggested the word "would" be changed to "which" in the first sentence of paragraph seven on page six of the minutes of August 11, 1976. H. Grench suggested the following change in the second sen- tence, paragraph four on page seven: He said he would like a decision by the District or an indication that the District would "call a meeting within the next few weeks at which time they would reach a decision" . N. Hanko stated the consensus that the minutes of August 11, 1976 be approved with the above changes.