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Meeting 75-21
MIDPENINSULA REGIONAL PARK DISTRICT
Regular Meeting
Board of Directors
M I N U T E S
September 24 , 1975 745 Distel Drive
Los Altos , CA
I. ROLL CALL
President Duffy called the meeting to order at 7 :34 P.M.
Members Present: Katherine Duffy, Barbara Green, Nonette Hanko,
Edward Shelley and Daniel Wendin.
Personnel Present: Herbert Grench, Edward Jaynes, Jon Olson,
Anne Crosley, Jennie George, Robert Garcia, Stanley Norton
and Del Woods.
II. APPROVAL OF MINUTES
A. Minutes of September 10 , 1975
N. Hanko said the remarks attributed to her in the fifth para-
graph on page five were made by someone else. K. Duffy said
she made the statements .
E. Shelley pointed out the omission of the word "not" after the
word "did" in the last paragraph on page ten of the minutes.
K. Duffy asked that the words consensus"with Board be adde
d
to the sentence on page seven of the minutes in which she states
that all motions and seconds were withdrawn.
D. Wendin suggested the word "year-round" be inserted before the
words "cattle grazing" in the third line of the first paragraph
on page three of the minutes.
B. Green suggested that the number "1,001" in the second line
of the first paragraph on page three be changed to "1,000" to
be consistent with statements made on page two of the minutes.
K. Duffy stated the consensus that the minutes of September 10 ,
1975 be approved with the above changes .
B. Minutes of September 19 , 1975
K. Duffy stated the consensus that the minutes of September 19 ,
1975 be approved as presented.
i
II. APPROVAL OF MINUTES
Minutes of September 24 , 1975
Dr. Robert Mark asked that the words "consider filing" replace
the word "file" in the last sentence of the second paragraph on
page two of the minutes of September 24 , 1975.
D. Wendin asked that the word "decision" replace the word "brief"
in paragraph three of the minutes.
K. Duffy stated the consensus that the minutes of September 24 ,
1975 be approved with the above changes.
Meeting 75-21 Page two
III . ADOPTION OF AGENDA
K. Duffy stated the consensus that the agenda be adopted with-
out change .
IV. ORAL COMMUNICATIONS
Dr. Robert Mark, 725 Cowper , Palo Alto, said he was speaking on
behalf of the Committee for Green Foothills to bring to the
District' s attention the recent United States District Court
decision in Arastra vs. City of Palo Alto in favor of Arastra.
He said the judge concluded that Palo Alto had inversely con-
demned property belonging to Arastra and that Palo Alto had
created the Midpeninsula Regional Park District. The Committee
for Green Foothills asked that the District urge the City of
Palo Alto to proceed with an appeal of the decision and that the
District should file an amicus curiae brief.
D. Wendin said he did not feel any action by the District would
be appropriate at this time and he felt Board members should first
discuss the content of the brief as well as alternatives open
to the District.
S. Norton explained that amicus curiae meant "friend of the
court ," and that an amicus curiae brief was filed by one who
was not a party to litigation but had an interest in the outcome.
V. WRITTEN COMMUNICATIONS
There were no written communications at this time.
VI . OLD BUSINESS REQUIRING ACTION
A. Status of Interim Site Use and Management Recommendations
H. Grench introduced his memorandum (M-75-142) dated September
18, 1975 , which recommended that the Board adopt the recom-
mendations contained in the Land Manager 's memorandum (M-75-141)
of September 18 , 1975 regarding the Status of Interim Site Use
and Management Recommendations.
(1) Black Mountain Open Space Preserve
J. Olson noted that staff had been directed by the Board, at
its September 10 , 1975 meeting, to return with revised
recommendations for two District sites as appropriate.
He said that staff had met with interested equestrians to
determine what trails on District lands were receiving
extensive use and whether that use might be continued on an
interim basis. He advised that Monte Bello Road on Black
Mountain was used by hikers and equestrians and, in fact ,
MIDPENINSULA REGIONAL PARK DISTRICT
Filing System Changes
September 23, 1975
Pla ning - Citizens' ommittees
n Pla ing - Grant Ran h
tra
ct act Services;l Environmental Volunteers
Ae "191tien---A"e ation (deleted)
Ae eisitien---Aaln at;-t vey (deleted)
Ac isition - Emi ent Do in
Aeq"isitien—Ban -&-W& er-eenservatien-Pendst-Matadere-R*dge
�1 t/
Pak (d ieHed)
k'a R 'a .I
Acquisition - Re oc ion: Fremont Older
Acquisition -/Rolo ation: Perham
o e, J_
Aeq"isitien---R� eati-en-A99i9tanee (deleted)
Properties - , e1wlett Packard
Propertie ' M6tadero Ridge Park
Properties, - Stephens; C'&-liege
Schools Sequoia Sckiool District
Land anagement /Black Mountain O.S .P. : S.J. State Bird Banding
Land anagement Clean Up Programs
Land anagement , Park 'Publications
Land Managemen Permits Granted
Land Managemen Wildlife Reporting Forms
1
Cities' - City of Cupertino: General Plan
Private Groups - R.S.V.P.
Santa Clara county - Bounda Changes
General Progress Repor
General Roster of Bo d and Staff
Job De ription: - inistrative Aide
Job Description - istrict Clerk
Personnel Corres ndence - Resident Car7 aker
Peronnel Info Forms: Charitable Co tributions
Annexation - nnexation #1
Annexation, Annexation #2
Annexatio - Public Communication Info
Annexation - Survey
Meeting 75-21 Page three
the public may have the right to use the road. He recommended
that the Board adopt a resolution exempting Monte Bello Road
and direct access to the spring feeding Gold Mine Creek from
entry permit requirements related to Black Mountain Open Space
preserve. He also requested that the Board :adopt the other
recommendations contained in the report for Black Mountain,
which include the following: (a) that current year-round
cattle grazing be phased out; that grazing be limited to
summer and fall months but with no more than thirty animals
in the area at any one time, and that no bulls be allowed;
(b) that nature study hikes , environmental education and the
San Jose State bird banding program be continued and encouraged;
(c) that the lower portion of the site should not be used
by equestrians until a trail system is developed and a use
and management plan is adopted for the site; (d) that per-
mits for group use be issued by the General Manager (limited
to thirty people at a time) ; (e) that regular patrol be
maintained; (f) that existing roads be graded where neces-
sary to minimize erosion; (g) and that fence lines be
repaired adjacent to Monte Bello Road and new gates be
installed where appropriate.
In response to questions from B. Green regarding the quality
of the water feeding Gold Mine Creek, J. Olson stated that
tests were being made to determine the water quality and
would be made in the future on a regular basis. He said the
water tank might be covered.
Mr. Norman DePoy, 11916 Stonebrook Road, Los Altos Hills ,
said there was also a 5 ,000 gallon water tank for water stor-
age located below the spring.
N. Hanko suggested that the words "work with the Trails Task
Force to" be inserted after the word "staff" in the fifth
line of the last Recommendation paragraph on page three of
the Land Manager 's memorandum. The Board agreed to the change.
(2) Permanente Creek Park
J. Olson advised that staff had met with interested equestrians
on Saturday, September 20 to determine to what extent the
Permanente Creek Park site was used by equestrians and hikers.
He said it appeared that there was a portion of a trail which
crossed the southwest corner of the site that received wide
use by hikers and equestrians. He therefore recommended that
the Board adopt the following interim use and management recom-
mendations for Permanente Creek Park: (a) that group hiking
be continued and expanded and that environmental education be
encouraged; (b) that a comprehensive range management program
be developed as part of the long range planning for the site;
Meeting 75-21 Page four
(c) that permits for group use be issued by the General
Manager (limited to thirty people at a time) ; (d) that
regular patrol be maintained, and (e) that the possibility
of engaging a resident caretaker be considered. He
further recommended that permits be issued as requested to
hikers and equestrians for the use of the portion of the
trail that crosses the southwest corner of the property.
This trail connects the PG&E access road with the existing
trail system on the adjacent Neary property.
Mr. Dick Threlfall, 15833 Stonebrook Road, Los Altos Hills ,
said that he and some other equestrians help patrol the
Neary property and have thus received permission to use
that part of the trail crossing the Neary property.
N. Hanko suggested the sentence of the recommendations
referring to the Neary property be deleted. The Board
members agreed with the change.
D. Wendin said the District might consider having someone
else issue permits on this trail if feasible. E. Shelley
said he felt staff should not have to work out the details
of the use of trails on other properties.
( 3) Fremont Older Open Space Preserve
J. Olson advised that contact with neighbors of the Fremont
Older Open Space Preserve had been made with respect to
planning for trails. The Castle Rock Horsemen's Association
will be working with staff and offering its input for long
range use and management of the site. He also mentioned that
the old ranchhouse on the property was a liability to the
District in the form of an attractive nuisance, and suggested
that its future should be considered soon.
Motion: E. Shelley moved that the Board adopt the recommendations
contained in the Land Manager's memorandum (M-75-141) of
September 18 , 1975 regarding the interim site use and
management recommendations for Black Mountain Open Space
Preserve and Permanente Creek Park, as amended by the
Board. N. Hanko seconded the motion. (The recommenda-
tions are set forth in these minutes on pages 3 and 4. )
Discussion: Mr. Gordon Jennings, 441 East Meadow Drive,
Palo Alto, said he wished to thank the Land Manager and
District staff for their efforts and cooperation in work-
ing with equestrians in planning for these sites. The
motion passed unanimously.
Motion: D. Wendin moved adoption of Resolution No. 75-22 , a
Resolution of the Board of Directors of the Midpeninsula
Regional Park District Amending Permit Standards (Reso-
lution No. 75-13) to Exempt Certain Portions of Black
Meeting 75-21 Page five
Mountain Open Space Preserve. N. Hanko seconded the
motion. The motion passed unanimously.
VII. NEW BUSINESS REQUIRING ACTION
A. Proposed San Mateo/Santa Clara County Boundary Changes
N. Hanko introduced her memorandum dated September 16 , 1975
regarding Proposed San Mateo/Santa Clara County Boundary Changes
which have been recommended by the San Mateo County Local Agency
Formation Commission. She said approximately 236 acres are in-
volved in the proposed change along Page Mill Road and Skyline
Boulevard. About 120 acres would be transferred from Santa
Clara County to San Mateo County. She pointed out that the
Santa Clara County lands under the jurisdiction of the City of
Palo Alto are subject to high land use standards; for example,
a 200' setback and large lot zoning for development. The area
is considered a scenic corridor by the City of Palo Alto. She
recommended that the District send a letter to the City of Pala
Alto, the Santa Clara County Board of Supervisors and Santa Clara
County LAFCO, who will shortly be considering the proposed
boundary changes, stating the District' s concern that the high
standards currently in effect for the area be maintained in the
event of a boundary change so the scenic corridor will not be
adversely affected. K. Duffy stated the consensus that such a
letter should be sent under the signature of the President of
the Board.
VIII. CLAIMS
Motion: N. Hanko moved acceptance of the revised claims (C-75-
18) dated September 24 , 1975. K. Duffy seconded the
motion. The motion passed unanimously.
The meeting was recessed at 8 :25 P.M. and reconvened at 8 :35 P.M.
IX. NEW BUSINESS NOT REQUIRING ACTION
A. Cupertino Hillside General Plan/Draft EIR
Mr. Jim Sisk, Planning Director for the City of Cupertino, in-
troduced the proposed Cupertino Hillside General Plan/Draft EIR
to the Board. He said that the process of reviewing Cupertino' s
existing General Plan began in 1972 for two reasons: the chang-
ing character of the community, and the passage of AB 1301 , which
directed that a city' s zoning must be consistent with its Gen-
eral Plan. The Cupertino process has been divided into planning
for three areas: the City's "core" , the "filling in" of the
valley floor, and the foothills. Mr. Sisk showed Board members
a map depicting the area of Cupertino' s responsibility for
planning, which included its Sphere of Influence and Urban Service
Area. He noted that further geological studies are being made
and the present grading ordinance is being changed.
Meeting 75-21 Page six
Mr. Bob Cowan, Assistant Planning Director of the City of
Cupertino, explained that five alternative plans were con-
sidered by the Planning Department in its determination of
the most appropriate slope density formula to be recommended
to the Cupertino Planning Commission. The formula chosen
was based on the formula devised by the Santa Clara County
Planning Policy Committee which allows one unit per acre in
the flat areas to one unit per five acres in the foothills.
For the Cupertino foothills, the Planning Department recom-
mended from five acres per unit to 1,000 acres per unit on
slopes of 66%. He said this formula was the midpoint of the
five alternative plans considered.
Mr. Cowan advised that Regnart and Lindy Canyons were used as
a model area for determining the feasibility of providing
roads, utilities, fire protection and other services. The
Planning Department is currently investigating the possibility
of a secondary fire-access road from the canyon to the valley
through the Fremont Older Open Space Preserve. Presently
there are thirteen homes in the area; under the proposed plan
138 buildings are possible.
J. Olson remarked that the meadow where the fire-access road
is contemplated is a very delicate area.
In response to a question from H. Grench, Mr. Sisk stated that
Cupertino's Urban Service Area boundary is expected to remain
substantially the same as it is now.
Mr. Cowan said the proposed General Plan for the foothills would
retain the Permanente Creek linkage and the adopted flood plain
policy along Stevens Creek. The Planning Department has also
recommended that large parcels of land in the foothills should
be acquired.
K. Duffy asked if District acquisitions within the Urban Service
Area of Cupertino would be in conflict with the proposed General
Plan. Mr. Cowan said he did not know.
N. Hanko said the District was concerned with the possible
development of properties surrounding the Fremont Older Preserve.
In response to a question from Dr. Mark regarding agricultural
zoning, Mr. Cowan replied that only a few pockets of agricul-
tural land remain in Cupertino, and no agricultural zone has,
as yet, been recommended. A zone which includes activities
such as stables and tree farming has been considered.
N. Hanko said she would like to see further study on a compari-
son of the proposed Cupertino General Plan with the Monte Bello
Ridge Study. She also requested that the District receive the
Cupertino grading ordinance when it was completed.
Meeting 75-21 Page seven
K. Duffy stated the consensus that a Subcommittee should be
appointed to study the proposed ,Cupertino General Plan/Draft
EIR to determine what recommendations or suggestions the
Board might make to the Cupertino City Council. The subcom-
mittee will be composed of Directors Nonette Hanko and Kay
Duffy.
K. Duffy stated the consensus that staff direct a letter to
the Cupertino City Council requesting that consideration of
the proposed General Plan/Draft EIR be continued until the
District's subcommittee has had an opportunity to review the
plan and make recommendations thereon.
X. EXECUTIVE SESSION
The Board recessed to Executive Session at 9i30 P.M. to dis-
cuss land negotiations.
XI . ADJOURNMENT
The Board reconvened to adjourn at 11:00 P.M.
Anne Cathcart Crosley
District Clerk