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