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HomeMy Public PortalAbout19750924 - Minutes - Board of Directors (BOD) t 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Board be adde d to the sentence on page seven of the minutes in which she states that all motions and seconds were withdrawn.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