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HomeMy Public PortalAbout19770622 - Minutes - Board of Directors (BOD) Meeting 77-17 MIDPENINSULA REGIONAL PARK DISTRICT Regular Meeting Board of Directors M I N U T E S June 22 , 1977 745 Distel Drive Los Altos, CA I . ROLL CALL The meeting was called to order by President Wendin at 7 :35 P.M. Members Present: Katherine Duffy, Barbara Green, Nonette Hanko, Harry Turner and Daniel Wendin. Richard Bishop arrived at 7 : 38 P.M. Member Absent: Edward Shelley Personnel Present: Herbert Grench, Jon Olson, Anne Crosley, Carroll Harrington, Stanley Norton, John Melton and Rose Hartman. APPROVAL OF MINUTES A. Minutes of May 25, 1977 D. Wendin suggested that the sentence "The motion passed unani- mously" in the second motion on page seven of the minutes be removed, since it appears later in the meeting. He further suggested that the Board consent to designating the "Motion to Amend" on page eight a "Substitute Motion," which it should be called. D. Wendin stated the consensus that the minutes of May 25, 1977 be approved as amended. B. Minutes of June 8, 1977 S. Norton asked that the word "three" in the first sentence of the fifth paragraph on page two of the minutes be deleted, and that the words "for example" be inserted after "included" in the second sentence of that paragraph. He further suggested that the phrase "in this case the latter method had been adopted and that" be inserted after the words "He said" in the fifth line of the fifth paragraph on page two of the minutes. Finally, he suggested the last sentence on page two, which continued on page three of the minutes, be revised to read as follows: "The Meeting 77-17 Page two City would also have to pay for engineering and legal services. The City would have to hold a public hearing. The formation of the district could be blocked by a protest of owners repre- senting over 50% of the assessed value, acreage, or perhaps some other measure, but he was not sure which. " N. Hanko asked that the phrase "and CEQA documents" be added after the word "minutes" in the sixth paragraph on page five of the minutes. She further suggested the words "is important but" be inserted after the words "public access" in the last paragraph on page five, and the words "In regard to newspaper and magazine publicity" be placed at the beginning of the first sentence on page six of the minutes. D. Wendin stated the consensus that the minutes of June 8, 1977 be approved as amended. III. WRITTEN COMMUNICATIONS N. Hanko referred to a letter from Kathryn H. Kaiser dated June 12 , 1977 , which was sent to the Western Regional Director of the National Trust for Historic Preservation, and copies of which were distributed to Board members as an informational item. She suggested that the Organizational Use Subcommittee might consider the point raised in the letter that the District needs to develop long range plans and policies on structures , including how the District would define a structure as "his- toric" and what percentage of funds it would be willing to spend for historical preservation. The Board concurred. IV. ADOPTION OF AGENDA D. Wendin stated the consensus that the agenda be adopted as presented. V. ORAL COMMUNICATIONS There were no oral communications at this time. VI. OLD BUSINESS WITH ACTION REQUESTED A. Plan to Borrow Money to Finance Land Acquisitions J. Melton referred to a proposed Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Providing for the Issuance of Not to Exceed $10 ,000 ,000 Prin- cipal Amount of Midpeninsula Regional Open Space District Negotiable Promissory Notes . He said approval of this reso- lution would be the first in a series of subsequent resolu- tions relating to the District' s Plan to Borrow Money to Finance Land Acquisitions (M-77-103, dated June 17, 1977) . Meeting 77-17 Page three He added that whenever the Board wished to borrow money for a specific acquisition, six affirmative votes will be required. Motion: H. Turner moved adoption of Resolution No. 77-24 , a Resolution of the Board of Directors of the Mid- peninsula Regional Open Space District Providing for the Issuance of Not to Exceed $10 ,000 ,000 Prin- cipal Amount of Midpeninsula Regional Open Space District Negotiable Promissory Notes . D. Wendin seconded the motion. The motion passed unanimously. VII. OLD BUSINESS WITH NO ACTION REQUESTED A. Regnart Road Assessment District S. Norton introduced his report (R-77-31) dated June 17 , 1977 regarding the proposed Regnart Road Assessment District. He advised that the basis for computing a majority protest against formation of the district is land area, but the City Council can override a majority protest by a 4/5 vote. The City Coun- cil can abandon the proceedings in the absence of a majority protest up until a construction contract is let or bonds are sold. J. Olson reported that the City Council accepted the petition to form the assessment district, but indicated that if the engineering costs are high, they might not continue the pro- cess. It was also mentioned that the County of Santa Clara would have to be persuaded to transfer a portion of its land to the City. He said with respect to the proposed assessment of MROSD land, there seemed to be sympathy for the District 's position, and that perhaps there needed to be clarification of the status of District lands as being open space, rather than residential . He added that it had been indicated that a CEQA determination would be made soon. S. Norton said he felt it would be premature to request re- zoning at this time. J. Olson said he felt the City's staff was sufficiently aware of the District 's concerns regarding CEQA requirements, and the matter will be reviewed by the Environmental Review Com- mittee in a few weeks. D. Wendin said he would like to have District input continue on the staff level. Motion: D. Wendin moved that the General Manager be author- ized to send a letter to the City of Cupertino if he deems it necessary. B. Green seconded the motion. Meeting 77-17 Page four Discussion: Robert Mark, 725 Cowper, Palo Alto, said he felt the District should make its position officially known prior to the time when the City of Cupertino makes its determination. He suggested a letter be sent now. N. Hanko called the question. D. Wendin withdrew his motion and B. Green withdrew her second. Substitute Motion: D. Wendin moved that the General Manager be authorized to send a letter to Cupertino at his discretion to indicate the District 's belief that an Environmental Impact Report is required for consideration of the proposed assessment district. He emphasized that the Board would leave to the General Manager's discretion the decision of whether or not to actually send a letter. B. Green seconded the motion. The motion passed unanimously. D. Wendin asked the District Clerk to prepare a report on the circumstances under which a question may be called and related parliamentary procedures. B. Status of Fremont Older Ranchhouse D. Wendin reported that the proposal submitted by Morton Levine for preservation of the Fremont Older Ranchhouse was the only one which had been accompanied by a check for $15 ,000 . He said Mr. Levine still wishes to proceed, but was unsure of the timing involved since he wants his architect to look at the ranchhouse. Mr. Levine also wanted to clarify his rights in the event that he were to decide to back out of an arrange- ment, and D. Wendin said he would prepare a draft lease by July 4. He said the Board still has the option of accepting or rejecting the proposal . VIII. NEW BUSINESS WITH ACTION REQUESTED A. Adoption of Interim Budget for Fiscal Year 1977-1978 H. Grench introduced his memorandum (M-77-108) dated June 17, 1977, regarding Adoption of Interim Budget for Fiscal Year 1977-1978. He said that due to an unusually heavy workload in the past several weeks, staff and Budget Subcommittee had been unable to complete preparation and review of the budget for the forthcoming fiscal year. He added that no assessed valuation figures had been available from the counties yet, and he recommended that the Board extend the current budget expenditure level into the next fiscal year as an interim budget with the understanding that reserves budgeted for first half year operating and land acquisition expenses would be used as planned. He said he expected the budget to be ready for the July 13, 1977 Board meeting. Meeting 77-17 Page five J. Melton advised that the District 's 1977-1978 budget must appear in the official disclosure statement prepared in connec- tion with borrowing funds. H. Grench added that until the 30th of June , preliminary budget figures will be sufficient. J. Melton pointed out that even the budget submitted to the County at this time is preliminary, subject to revised assessed valuation figures. Motion: D. Wendin moved to authorize the Controller to submit a preliminary budget estimate to the County prior to the next Board meeting if such action is required. K. Duffy seconded the motion. The motion passed unani- mously. In response to a question, J. Melton advised that all of the District's financial dealings will continue to be with Santa Clara County, whose Director of Finance will deal with San Mateo County. Motion: D. Wendin moved that the Vice President of the Board be authorized to call a Special Meeting for July 6 , 1977 if he determines it necessary. K. Duffy seconded the motion. The motion passed unanimously. Motion: D. Wendin moved that the Board of Directors extend the current budget expenditure levels into the 1977- 1978 fiscal year as an interim budget with the under- standing that the reserves budgeted for first half year operating and land acquisition expenses would be used as planned. N. Hanko seconded the motion. The motion passed unanimously. B. Retire Existing Ranger Job Description; Adoption of Two New Ranger Job Descriptions; Authorization to Fill Positions J. Olson introduced his report (R-77-30) dated June 16 , 1977 , proposing to Retire Exisiting Ranger Job Description; Adoption of Two New Ranger Job Descriptions; Authorization to Fill Posi- tions. He said it now appeared appropriate to have two ranger job descriptions - one for rangers whose primary duties would involve construction, and another for rangers whose primary duties would involve patrol. However, each type of ranger would be able to help out in other areas whenever needed. The salary range for both types of rangers would be the same, and at this time the range is $11 ,853 to $15 ,380. The two existing rangers would be transferred from the Ranger to the Patrol Ranger cate- gory. He requested authorization from the Board to fill one Construction Ranger position as soon as it is needed. H. Grench pointed out that the present ranger salary range is currently being reviewed along with other position ranges , all of which are subject to adjustment depending on the results of the review process. M-77-17 Page six In response to a question, J. Olson said the ranger staff had most of the equipment needed for all but heavy construction projects. D. Wendin said he would like staff to explore the possibility of entering into an agreement with a contractor to perform a certain amount of services in a given time period, say one year, for a set hourly wage. R. Mark said he was concerned that the District hire a person sensitive to the environment as Construction Ranger. Motion: D. Wendin moved retirement of the existing Ranger Job Description, authorization of Patrol Ranger and Construction Ranger Job Descriptions at an annual salary range of $11, 853 to $15 ,380 , and authorization for staff to fill one Construction Ranger and two Patrol Ranger positions as needed. B. Green seconded the motion. The motion passed unanimously. C. Authorization to Purchase Equipment Through State of California General Services Administration J. Olson introduced his memorandum (M-77-101) dated June 15, 1977 , regarding Authorization to Purchase Equipment Through State of California General Services Administration. He said a variety of field equipment and office supplies are available from the State of California Department of General Services , often at a lower cost to local agencies than they could receive elsewhere. He said the District could take advantage of this service by approving the resolution attached to his memorandum, so that staff can purchase needed supplies under $3500. He said the recommendation has been reviewed and approved by the District Controller. Motion: D. Wendin moved adoption of Resolution No. 77-25 , a Resolution of the Board of Directors of the Midpenin- sula Regional Open Space District Authorizing the Department of General Services of the State of Califor- nia to Purchase Certain Items. H. Turner seconded the motion. The motion passed unanimously. D. Annual Claims List Amendment J. Melton introduced his memorandum (M-77-97) dated June 13, 1977, regarding an Annual Claims List Amendment. He requested that the Board amend the Annual Claims List to increase the amount the Controller is authorized to pay for District Counsel fees during Fiscal Year 1976-1977 from $23 ,100 to $25 ,400. He said the increase is consistent with the Board's recently approved increase in District Counsel 's retainer. Meeting 77-17 Page seven Motion: D. Wendin moved approval of the amended Annual Claims List as presented with the Controller's memorandum M-77-97 dated June 13, 1977 . H. Turner seconded the motion. The motion passed unanimously. IX. INFORMATIONAL REPORTS H. Grench said he recently attended a breakfast meeting with Doc Mattison, Acting Director of the San Mateo County Parks and Recreation Department, who suggested the District Board hold a joint meeting with the San Mateo County Parks Commission. The meeting could be an informal one, perhaps outdoors, and the San Mateo County Board of Supervisors could be invited. Some Supervisors had expressed an interest in the idea, and had suggested a Saturday meeting. After discussion, H. Grench said he would tell Mr. Mattison the District is interested. J. Olson advised that there had been a change in the Agreement with the City of Cupertino to conduct a day camp on District land in that the liability limit was changed from $1 million to $500 ,000. Motion: D. Wendin moved that the Board ratify a reduction in the liability limits contained in the Agreement with the City of Cupertino from $1 million to $500 ,000. B. Green seconded the motion. The motion passed unani- mously. X. CLAIMS Motion: H. Turner moved approval of the revised claims (C-77- 13) dated June 22 , 1977 as presented. D. Wendin seconded the motion. The motion passed unanimously. XI. EXECUTIVE SESSION The Board recessed to Executive Session at 9 :04 P.M. to discuss land negotiations and personnel matters. XII. ADJOURNMENT The Board reconvened to adjourn at 10 :14 P.M. Anne Cathcart Crosley District Clerk