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