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HomeMy Public PortalAbout19751008 - Minutes - Board of Directors (BOD) 14eeting 75-22 MIDPENINSULA REGIONAL PARK DISTRICT Regular Meeting Board of Directors M I N U T E S October 8 , 1975 745 Distel Drive Los Altos , CA I. ROLL CALL President Duffy called the meeting to order at 7 :35 P.M. Members Present: Katherine Duffy, Barbara Green, Nonette Hanko, Edward Shelley and Daniel Wendin. Personnel Present: Herbert Grench, Edward Jaynes, ion Olson, Anne Crosley, Robert Garcia, Carroll Harrington, Jennie George, Stanley Norton, John Melton and Del Woods. 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. III. EXECUTIVE SESSION The Board recessed to Executive Session at 7 :38 P.M. to discuss land negotiations. The Board reconvened at 7 :54 P.M. IV. ADOPTION OF AGENDA H. Grench asked that Taxation Structure Training Materials be discussed under old Business Requiring Action. K. Duffy stated the consensus that the agenda be adopted with that addition. II. APPROVAL OF MINUTES l The Minutes of October 8 , 1975 were approved as presented. I Meeting 75-22 Page two V. ORAL COMMUNICATIONS There were no oral communications at this time. VI . WRITTEN COMMUNICATIONS There were no written communications at this time. VII. PUBLIC HEARING A. Proposed Addition to the Fremont Older Open Space Preserve H. Grench introduced his report (R-75-19) dated October 2 , 1975, regarding the Proposed Addition to the Fremont Older Open Space Preserve. J. Olson explained that in May, 1975 the Board of Directors exercised an option to purchase the 266 acre Fremont Older Open Space Preserve in the Cupertino and Saratoga foothills. The District recently took title to the property, and Board and staff have been studying the site as part of a planning process to determine the long range use and management for the Preserve. The District has become aware that existing property boundaries create an awkward relationship along the northwest boundary of the Preserve in terms of preserving the viewshed of the predominant ridge and a natural trails corridor on the ridge. Regnart Creek, which flows through the proposed addi- tion, supports abundant vegetation and wildlife in the , area. The proposed addition, consisting of approximately 68 acres, is L-shaped and characterized by steep slopes, orchard remnants and brush. There are no residences on the proposed addition, although there are three old structures on one of the parcels that are vacant and in a decayed condition. He suggested that the proposed addition could possibly support agricultural uses such as cattle grazing or hayfields. If the Board approved the proposed addition, he would urge con- tinuation of environmental education programs on the Preserve and the establishment of hiking and riding trails in appro- priate areas. He also pointed out that although current access to the proposed addition is via Regnart Road, the District did not intend that road to serve as primary access to the Preserve due to its minimal width and conflict with the existing residential development along the road. He stated that acquisition of the proposed addition would make the Fre- mont Older Open Space Preserve a viable park site. J. Olson showed several slides of the proposed addition. H. Grench advised that appraisals of the sites contemplated for the addition would be made soon. Although the Assessor 's records showed a combined cash value of $89 ,000 , recent Meeting 75-22 Page three activity in the area may have affected land values . He rec- commended that the Board adopt Resolution No. 75-23 to state its intention to acquire the parcels set forth in Exhibit A in order to logically and appropriately extend the boundaries of the existing Fremont Older Open Space Preserve in the public interest. He further recommended that the Board adopt the interim use and management recommendations set forth in the report. J. Olson advised that the fence along the ridgetop would be considered during the long range planning for the Preserve. The only interim use and management recommendations proposed for the specific parcels of the additional land are that (1) a gate be installed at intersection of Regnart Road and the gravel access road; (2) revegetation and recontouring of the graded and stripped areas in location 2 on the map in the report; and (3) clean up of trash and debris at location 3 on the map. K. Duffy opened the Public Hearing at 8 :10 P.M. Dr. Robert Mark, 725 Cowper, Palo Alto, said that observation of the Fremont Older Open Space Preserve at a public meeting held on September 19 made it clear to him that the proposed acquisition was an obvious , logical and necessary addition to the existing Preserve. He urged adoption of the resolution that would state the Board's intention to acquire the land. Mr. Bill McGuire, 10421 Phar Lap Drive, Cupertino, asked what plans the District had regarding access from Regnart Road, upkeep of the road, and use of the property. He said it was his understanding that Regnart Road was private. J. Olson advised that the City of Cupertino considered Regnart Road a public road up to the hairpin. According to the City, the dedicated portion of the road ends at the subdivision. He said that access to the Preserve addition would be restricted by limited parking areas , and the District had no plans to increase parking space. The District' s intention, as expressed in the proposed interim use and management plans for the area, is to continue the traditional uses of hiking, horseback riding and environmental education. He added that the City of Cuper- tino may have plans for improvement of Regnart Road based on its future expected use. However, the District will probably allow public use of the site through a permit system so that the numbers of people on the site at any one time will be con- trolled. He explained that a resident caretaker will be placed on the site, in addition to regular patrol. Mrs. Dorothy Wright, 22303 Regnart Road, Cupertino, said she was very much in favor of the acquisition provided the traffic Meeting 75-22 Page four along Regnart Road did not noticeably increase. She said she felt most of the other neighbors in the area would also favor the acquisition. Mr. Bob Denny, P.O. Box 886, Cupertino, asked what road would probably serve as primary access to the Preserve addition. J. Olson replied that Prospect Road would most likely be the primary access; however, use of that road would also be regulated. Mr. Ellis L. Jacobs, 22051 Regnart, Cupertino, said he was speaking on behalf of himself and Mr. Richard Childress. He said that although he was a conservationist he was opposed to the proposed addition. He said he would favor the acqui- sition if there were no access to it, but he wanted to see Regnart Road remain in a rural condition. D. Wendin stated that the Midpeninsula Regional Park District was created under legislation that required the name "Park District" , but the MRPD is essentially an open space agency. The adopted Basic Policy for the District emphasizes low- intensity use of acquired lands - not traditional park-type development. In fact, District maintenance and patrol may keep areas freer of litter and undesirable uses than when such land was not under District control. N. Hanko noted that the District was under an agreement with the County of Santa Clara which provides that no more than 5% of annual tax revenues will be used for improvements on District lands. Mr. Earl Gregory, 7472 Dumas Drive, San Jose, said he was one of the owners of property being considered by the District for acquisition. He said his investment in the property is much greater than the value assigned to it by the assessor , and he hoped the Board was aware of this. H. Grench said it was his understanding that the City of Cup- ertino was considering applying a slope density formula to proposed building in the Regnart Canyon area, about 1 unit per 3 acres depending upon the slope. This would allow approx- imately 118 units total for the area. Mrs. Ronald Knapp, 20885 Wardell Road, Saratoga, said she was in favor of the proposed acquisition as it would be a signifi- cant addition to the open space environment of the area. She said she had served on the Saratoga Trails Citizens ' Committee, and felt the addition would be a logical and important link to the trails system being recommended by the Committee. She added that hikers and equestrians seldom stray from well marked trails. Meeting 75-22 Page five Mr. Bill Maguire said he felt it would be naive to expect no increase in traffic on Regnart Road if the District acquired additional land. Mr. Jerry Merkelo, 11119 Sutherland Avenue, Cupertino, said he was one of the owners of property being considered for acquisi- tion by the District. He asked what powers the District might exercise to complete its acquisitions. K. Duffy replied that the District had all powers given to a regional park district as a public agency in order to acquire land in the public interest. She said the District must pay an owner the fair market price of his or her property, but it is the District's policy to attempt to do this through negotiations rather than a court settlement. H. Grench noted that the District' s Basic Policy brochure states that the use of the power of eminent domain will be used only when all reasonable attempts at negotiation have been exhausted. Mr. Merkelo asked when the District made its decision to acquire additional property adjacent to Fremont Older and whether there were plans to acquire more land. J. Olson replied that the Board and staff of the District became aware of the important relationship of the additional properties to the existing Pre- serve following a public meeting on the Preserve and an extensive study of the area during the site planning process. The Dis- trict has no plans for further acquisition to the Fremont older Preserve, he said. Mr. Merkelo stated that he had invested about $60 ,000 in his five acres and he hoped the Board would take that into consider- ation. Ms. Jean Jett, 20760 Wardell Road, Saratoga, said she was in favor of the acquisition of additional land for the Fremont Older Preserve. She noted that the price paid for land as the result of negotiations often differs from the assessed value of the land. Ms. Audrey Scannell , 13657 Pike Road, Saratoga, said she had ridden her horse in the area for ten years and there had been no barriers against equestrians or hikers in the past. She said she doubted that the level of use would change significantly since the attraction had always existed. She said she was in favor of the acquisition. Mr. Vito Maurantonio, 10291 Bonny Drive, Cupertino, said he had been trying to do something with his property for many years. He said he wanted to build a house for his family and he did not think it was fair for the District to take the land. Mr. James A. Hiatt, 2980 Sand Hill Road, Menlo Park, said he represented the owners of Parcel A, which consists of about 35 acres. He advised that there was a group of people who have Meeting 75-22 Page six been interested in purchasing the parcel since May of this year and have invested some money in attempting to meet County re- quirements so they could develop three or four sites on the property. He said those people would be willing to take less than the entire acreage if they could have one homesite that would not interfere with the trails system or other Preserve activities. He said he hoped the District would consider their wishes. Mr. Merkelo said it appeared to him that those people who would be directly affected by the acquisition were not in favor of it. He said he wanted to build only one home on five acres for his father's retirement. He added that it seemed only five or six buildings could be built on the entire 68 acres under considera- tion under the City of Cupertino's requirements. He urged the Board to consider the feelings of people who want to live in the area. Mr. Joseph S. Mehalic, 21455 Holly Oak Drive, Cupertino, said he favored the acquisition of an addition to the Fremont Older Preserve. He said it appeared to him that there was a sudden desire on the part of property owners to improve their lands now that the District is interested in acquiring them. Mr. Earl Gregory said there have been attempts to build in the past, but property owners have encountered difficulties in dealing with public agencies. Mr. James Hiatt said he felt there was a threat of condemnation under the law. Mr. Gordon Jennings, 441 East Meadow Drive , Palo Alto, said he was speaking on behalf of the Castle Rock Horsemen's Association. He said it was understandable that changes in the City of Cuper- tino' s General Plan made a difference in the value and use of a property owner 's land; however, every investment is subject to a changing marketplace, and no investor is guaranteed that an investment will result in the desired outcome. He urged the Board to decide to add the proposed 68 acres to the existing Fremont Older Preserve. K. Duffy introduced a letter from Mrs. Jo Ann Gholson of 22125 Regnart Road, Cupertino, which supports the District' s proposed acquisition. K. Duffy added that Mr. Stephen MacKerrow, 21584 La Playa Court, Cupertino, had asked her to express his support for the acquisition. E. Jaynes said he appreciated the concerns expressed by the property owners and, in his experience, those concerns could usually be worked out in the negotiations process. Meeting 75-22 Page seven K. Duffy closed the public hearing at 9 :08 P.M. She said she felt it would be extremely unfortunate if building were to be initiated in the area as it related to Fremont Older. She urged favorable consideration of the proposed acquisition, and noted that the District had worked very hard to be flexible in negotiations and planning. N. Hanko said she was confident that the additions to the existing Preserve would provide a more protected and functional site for the public. Motion: K. Duffy moved adoption of Resolution No. 75-23 , a Resolution of the Board of Directors of the Midpenin- sula Regional Park District, Finding and Determining That the Public Interest and Necessity Require the Acquisition of Certain Properties for Public Use , to Wit, for Public Park, Recreation and Open Space Pur- poses , Describing the Properties Necessary Therefor and Authorizing and Directing its Retained Legal Counsel to do Everything Necessary to Acquire All Interests Therein (Fremont Older Open Space Preserve Addition) . D. Wendin seconded the motion. The motion passed unanimously. Motion: K. Duffy moved that the Board adopt the interim use and management recommendations for the proposed acqui- sition as set forth in the General Manager 's report (R-75-19 dated October 2 , 1975) . E. Shelley seconded the motion. The motion passed unanimously. (The interim use and management recommendations are referred to on page three of these minutes) . The Board recessed at 9 :13 P.M. and reconvened at 9 :30 P.M. VIII. NEW BUSINESS NOT REQUIRING ACTION A. Progress Report of the Trails Task Force Alan Grundmann, Chairman of the Trails Task Force, introduced a progress report from the Task Force, a citizens advisory committee to the Board of Directors. The report is a prelim- inary recommendation of a regional trails system for the Dis- trict, he said, and the trails basically follow geological features and connect with other present or future trails. N. Hanko said she understood that part of the original charge to the Trails Task Force was that the proposal would show trails in the foothills and connect those trails with the urban areas. She was disappointed that there was no text or map reference to some of these possible connections , for example , Willow Road in Palo Alto. Meeting 75-22 Page eight A. Grundmann replied that the proposal seemed the best compro- mise after consideration of the different views of Trails Task Force members, staff and Board members. He said he personally felt there should be a trail in the Willow Road area, although another public agency could more appropriately be the initiator of such a trail. He added that the Trails Task Force members consulted with some of the cities and as far as he was aware, the proposal being submitted is consistent with the plans of cities in the District. N. Hanko said she would like to respond to a request from the City of Palo Alto for an indication of the District' s trails expectations in the Willow Road area. A. Grundmann advised that there were two bills before the State legislature which could be helpful to the implementation of the proposed trails system. E. Shelley said he felt the trails map should also reflect the plans of cities in the District regarding trails which might be linked with a regional system. K. Duffy said it appeared to be the consensus that the text and maps be sent to cities for input and review. D. Wendin suggested arrows should be placed on the map to make it clear which trails the District would accept responsibility for and which trails should be the responsibility of the cities or other agencies. K. Duffy stated the consensus that a covering letter be sent to the cities within the District introducing the proposed trails plan of the District and asking for input. The map would also be enclosed with arrows inserted showing which jurisdictions, in the District' s opinion, should have respon- sibility for implementing trails. The text would be amended to include the references in the previous Trails Task Force draft to a Palo Alto Foothills Corridor and an Arastradero Trail. N. Hanko suggested the sentence "Both factors suggest that this corridor might be completed only erratically, as directed by predominantly local needs. " be deleted from the paragraph on the Palo Alto Foothills Corridor. D. Wendin suggested the verbs in the paragraphs be altered from "would" to "could" as appropriate. Mr. Ed Schell, Box 1345 , Los Gatos , said he felt the Board should consider requesting Los Gatos to reserve the area by the Los Gatos Creek Trail, which is currently threatened by development. K. Duffy said she agreed that should be considered. Meeting 75-22 Page nine Ms . Shiela Manchester, a Trails Task Force member, suggested the letter should state that the text and map comprise a pro- posed plan. B. Green and K. Duffy said they were pleased with the Trails Task Force recommendation. E. Shelley suggested the letter to the cities should also indicate that a members of the Trails Task Force will be avail- able to give a presentation if requested. A. Grundmann stated that Tony Look, Chairman of the Stevens Creek Study Committee, had advised him that the proposed Trails plan was consistent with the forthcoming recommendations of the Committee. IX. NEW BUSINESS REQUIRING ACTION A. Tax Structure Training Materials H. Grench advised that in February of 1974 the Board of Direc- tors had authorized attorney Lawrence Klein to develop materials on tax structures for the District which would be summarized and used in a brochure to assist in the grants program. This project was to have been completed by April, 1974. However, due to a number of different circumstances, the project was not done. Much of the information which would have resulted from the proposed work is now available from other sources and the staff is currently involved in creating a donations brochure. Therefore, he suggested the Board agree to cancel the project at no cost to the 'District, and Mr. Klein had agreed to this. Motion: B. Green moved that the Board of Directors cancel the agreement made with Lawrence Klein in February, 1974 for tax structure training materials. K. Duffy seconded the motion. The motion passed unanimously. X. CLAIMS Motion: D. Wendin moved that the revised claims (C-75-19) dated October 8 , 1975 be approved as presented. E. Shelley seconded the motion. The motion passed unan- imously. XI. EXECUTIVE SESSION The Board recessed to Executive Session at 10 :44 P.M. to dis- cuss land negotiations. XII . ADJOURNMENT The Board reconvened to adjourn at 11 :20 P.M. Anne Cathcart Crosley District Clerk