HomeMy Public PortalAbout19751112 - Minutes - Board of Directors (BOD) Meeting 75-24
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MIDPENINSULA REGIONAL PARK DISTRICT
Regular Meeting
Board of Directors
M I N U T E S
November 12, 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, Edward Shelley
and Daniel Wendin. Nonette Hanko arrived at 7 : 38 P.M.
Personnel Present: Herbert Grench, Edward Jaynes, Jon Olson,
Anne Crosley, Robert Garcia, Jennie George, Carroll Harrington,
Stanley Norton and Del Woods.
II. APPROVAL OF MINUTES
A. Minutes of October 22, 1975
B. Green called attention to an error in the second paragraph
on page three of the minutes of October 22, 1975. She recalled
that N. Hanko asked the question.
K. Duffy stated the consensus that the minutes of October 22,
1975 be approved as corrected.
III. ADOPTION OF AGENDA
H. Grench reminded the Board that the next regularly scheduled
meeting will be the evening before Thanksgiving.
H. Grench said he would like to discuss the Master Plan of the
MRPD under Old Business Requiring Action.
H. Grench asked to present a report on the 1975 Congress on Rec-
reation and Parks under New Business Not Requiring Action.
The Board agreed to adopt the agenda with the above changes.
APPROVAL OF MINUTES
A. Minutes of November 12, 1975
N. Hanko mentioned a typographical error on p. 3 , paragraph
six. The word should have been "basic" instead of "basis" .
K. Duffy called attention to an error on p. 10 concerning
the time of adjournment, which should be 12:15 P.M. instead
of 11:15 P.M. On page 2, VI. A, paragraph two, K. Duffy
questioned "and hiking" as part of the limited access for
the Fremont Older Open Space Preserve. The Board agreed
to change it to read "and organized groups" .
K. Duffy stated the consensus that the minutes of November
12, 1975 be approved as corrected.
Page two
IV. ORAL COMMUNICATIONS
There were no oral communications at this time.
V. WRITTEN COMMUNICATIONS
D. Wendin asked that the letter from Isabel Sewell, School Lands
Co-6rdinator for Loma Prieta Chapter, be agendized under New
Business Requiring Action.
A. Crosley referred the Board to a letter from Mr. Carl Newman
dated November 5, 1975 in which he expressed his appreciation
for receipt of the District' s Progress Report and commended
the District for its achievements since its formation.
0
In response to a question from N. Hank , K. Duffy agreed that all
responses from the cities regarding draft trails plats would be re-
ferred to Alan Grundmann, Chairman of the Trails Task Force and to
the Board.
VI. OLD BUSINESS REQUIRING ACTION
A. Status Report on Fremont Older Open Space Preserve
1. Site Planning
H. Grench presented his memorandum (M-75-160) dated Novem-
ber 6, 1975 regarding a Status Report on the Fremont Older
Open Space Preserve.
J. Olson referred to the August 13, 1975 meeting when the
Board adopted interim use and management recommendations
for the Fremont Older Open Space Preserve, which allowed
for very limited access -- primarily educational studies and organ-
ized groups— it was agreed at that time to meet with neigh-
bors adjacent to the property to explore past traditional
uses and determine if any "hardships" existed requiring
issuance of permits to travel across the property.
He explained that his Status Report on the Fremont Older Open
Space Preserve (R-75-20) dated November 5, 1975 was concerned
with the outcome of those meetings and with the long-range
planning of the site.
He advised that there had been requests for equestrian permits,
presumably due to "hardships" . Due to the variety of con-
siderations involved, it was difficult for staff to deter-
mine what constituted a "hardship" and, at the same time,
fullfill the Board' s directives.
J. Olson explained three trail proposals for the site. The
Phase I trail shown in a solid line allows for a connection
from Regnart Road to Prospect, a peripheral feeder trail
along the Rolling Hills area, a loop trail within the Preserve
Page three
and a link to the Garrod Ranch. He felt physical improve-
ments could be completed for this system within two months
of Board authorization. Phase II, shown in dashed lines,
was an expansion of Phase I. If the Board decided that some
policy change should be made in the up to two months prior
to completion of the trails, J. Olson suggested an alter-
native trail route shown in dotted lines on the map that
would be exempt from permit requirements and would hopefully
fullfill the requirements and needs expressed by certain
"hardship" cases.
K. Duffy questioned certain portions of the trails, stating
that some areas may not be suitable for hikers. J. Olson
agreed there may need to be some minor modifications.
E. Shelley asked if the plan allowed for parallel hiking
trails or would they be common trails. J. Olson replied
that generally they would be common trails except for nec-
essary adjustments more specific to hiking and for protec-
tion of the land.
J. Olson stated that there seemed to be a divergence of
opinion among the Board at the last meeting as to whether
"hardships" could be construed as parochial use of the site
as opposed to regional use, and that seemed to be the essence
of the issue staff had attempted to deal with. He asked for
more clear-cut directives from Board defining this issue
and their feelings regarding policies for issuing permits.
J. Olson said he thought the intention of permits is not
merely to gain fees, but also to involve usersin the oper-
ation of the site so they feel a particular responsibility
towards that site. It would also allow personal contact to
provide environmental education information. He described
various types of permits used by other agencies and recom-
mended a general information-type permit which would include
the individual' s name, limitations of use and general infor-
mation respecting adjacent property.
J. Olson said his experience indicated that equestrian use
creates maintenance expenses that other types of uses, e.g. ,
hiking, do not and that there are specific needs involved
such as culverts and special gates. Also, with increased
,trails use, more frequent and extensive patrol would be needed.
Whether or not a fee system should provide funding for those
projects is a basic issue.
K. Duffy said if people adjacent to the property have other
places to ride during the two months period while Phase I is
being established, they should do so. However, she felt there
are some people who are significantly inconvenienced due to
their locations and must pass thru the site to reach certain
destinations.
N. Hanko felt the Board' s main concern is to find an interim
solution to satisfy those needs of persons traditionally
using the trail.
Page four
J. Olson mentioned agricultural use, saying that in keeping
with the adopted interim use plan, staff had negotiated an
agricultural license with the agricultural tenants who farmed
the area last year. He familiarized the Board with structures-
hazards on the site. The preliminary estimate to make the
Fremont Older home habitable would be $55, 000. He raised
the question of possible uses of the restored structure.
Letters have been sent to historic groups, individuals and
the American Youth Hostel Association requesting suggested
uses and feasibility of restoration. For approximately $6,000
the adobe house could be upgraded for habitation. Regarding
the grey house on Prospect Road, he felt it was best suited
for a District caretaker residence, once extensive termite
damage had been taken care of. With regard to the Seven
Springs water system, he said that many leaking spring boxes
and hazardous exposed piping should eventually be removed.
Based upon existing conditions and with additional volume of
traffic, the Prospect Road extention and bridge will probably
need improvement soon and possible paving in the future. He
recommended removal of an old concrete reservoir prior to the
opening of Phase It of the trails system. Due to a number
of factors, this site requires a resident caretaker. Possi-
bilities for use of the swimming pool on the site were ex-
plored and J. Olson recommended filling it with soil.
J. Olson stated that staff was essentially asking the Board
for direction for issuing permits and determining hardships
and suggesting if none of the historic groups respond with
a significant plan for the Older home, that the Board con-
sider demolition. He asked that the Board approve signing
of the agricultural license and comment on the ditection of
trails planning.
N. Hanko said she felt it would be premature to act on the
structures until replies from the historical associations
and other organizations contacted had been received. J.
Olson assured everyone that there is no intent to act until
all possibilities have been explored and discussed.
K. Duffy recommended agendizing policies regarding structures
for discussion at a future Board meeting.
D. Wendin felt there should not be parochial use for a few
"hardship" cases and favored opening up the trails indicated
by dotted line on a non-permit system. He was particularly
interested in what the costs and staff requirements would
be if the dotted area were opened. J. Olson replied he did
not think it would be a significant burden to staff. He
further stated he felt a resident caretaker could handle most
of the minor problems that might arise.
N. Hanko and E. Shelley said they favored a permit system
and implementation of the peripheral trail shown in dotted
line open to everyone as soon as possible.
Page five
N. Hanko requested that preparation of future trails plans
for individual sites include review by the Trails Task Force.
K. Duffy opened the public hearing.
Doris Edwards, 22525 Rolling Hills, Cupertino, stated she
had been a resident in the area for 20 years and knew the
property quite well. She questioned some routes of the
trails relating to steepness, etc. She felt permits should
possibly be used, perhaps issued to the horse the same as
vehicles are registered. With respect to the Older home,
she expressed her desire to see it made into a museum.
Ed Schell, Box 1345, Los Gatos, addressed himself to the
Fremont Older home. Considering its history and location,
he suggested that perhaps it could be used as District head-
quarters. H. Grench responded by mentioning the factors
involved in choosing the present office location: that it
be located near the population center of the district and
easily accessible to the public as far as transportation is
concerned.
Sylvia Carroll, 21166 Maria Lane, Cupertino, expressed the
need for her and her family to have permission to ride through
the Preserve to the Garrod Ranch as soon as possible.
Joseph S. Mehalic, 21455 Holly Oak Drive, Cupertino, felt
some of the problems in. making decisions were due to a lack
of education as far as equestrian use is concerned. It was
his opinion that most of the traditional equestrian use was
of the transient type and fees for this kind of use would be
unfair. Riding of this type would not necessarily increase
the need for maintenance.
E. Shelley emphasized that as the site becomes known as public
land, more people would want to use it and maintenance there-
fore would increase.
Ken Enix, 22030 Regnart Road, Cupertino, said he owned pro-
perty with an easement that goes to the Radin/Macdonald site
and he was concerned about the impact that future usage-
might have and the- type of patrolling the District anticipates
will be needed.
Anne Sinute, 1249 Weymoth Drive, Cupertino, asked questions
about costs associated with equestrian use, would there be
common trails for riding and hiking and would there be fees
for hikers.
Steve Stuckey, 22600 Prospect Road, Cupertino gave some
evolutionary history of some of the trails on the property
and commented on some areas of the proposed routes.
Page six
Jean Jett, 20760 Wardell Road, Saratoga described some of
the types of taxation imposed upon equestrians and persons
of the general public and did not favor additional taxation
for use of public trails. Although she did not foresee sub-
stantial maintenance being required for the rider, she did
feel grading would be necessary to protect against erosion.
Based upon her knowledge of permit systems of other agencies,
she recommended the District try and establish a simple system.
Barbara Stephenson, 22505 Rolling Hills Road, Cupertino,
objected to any further taxation for use of public lands.
She supported the preservation of the older home and suggested
investigating the various junior colleges and similar sources
to see if classes skilled in electrical work, plumbing, etc.
could do the restoration.
Paul Scannell, Pike Road, Saratoga, said he disagreed with
some of his constituents in the Castle Rock'-Horsemen's Assoc. ,
because trails do need maintenance on a regular basis and
he was willing to pay for this service.
Carl Avery, 20119 Kilbride, Saratoga, a member of the Castle
Rock Horsemen' s Assoc. , said he knew that most of the young
people who ride support their own horses by doing odd jobs
and he felt fees would be a particular burden to them.
Gordon Jennings, 441 Meadow Drive, Palo Alto, raised the
question of the Board' s philosophy regarding acquiring open
space and the type of public use permitted. He personally
felt that low-intensity use was a good precedent and added
that the Castle Rock people were willing to assist in this
effort. He felt that the Board and staff should realize that
there is no perfect plan, but they must proceed while main-
taining awareness and sensitivity for continued improvements
in all plans.
Motion: N. Hanko moved that as soon as feasible an open
permit system be established for hikers and eques-
trians for the general route depicted by the dotted
line in the report dated November 5, 1975. This
system would exclude vehicle access to the site.
D. Wendin seconded the motion.
Discussion: E. Shelley asked N. Hanko for her
clarification of an open permit system. She assumed
it had been handled in the past through persons
phoning the District office, stating the type of
use they wanted, and being given the appropriate
permit with the necessary information. She felt
she may not always support the need for permits
but does in this instance until further evaluation
is obtained. D. Wendin asked staff whether they
preferred an open permit system versus no permits
necessary during this interim period. J. Olson
felt that staff could handle issuance of permits
during the interim period. In the future the Castle
Rock Horsemen' s Assoc. might issue permits on behalf
of the District. The motion passed unanimously.
Page seven
Motion: N. Hanko moved that staff proceed with the implementa-
tion of the trails system, not sanctioning the fees
or permit portions for Fremont Older Open Space Pre-
serve as depicted by Phase I in the November 5, 1975
report. D. Wendin seconded the motion.
Discussion: D. Wendin said he supported the motion
with the understandingthat staff will return with
specific recommendations in the area of fees before
Phase I is completed. He felt more data should be
collected regarding the need for fees and if the costs
of opening the lands are significant, he would support
fees for all types of users. J. Olson said staff is
scheduled to present a draft plan in February, 1976,
for the use of the entire site. The motion passed
unanimously.
The Board recessed at 10: 04 P.M. and reconvened at 10: 13 P.M.
2. Agricultural License
H. Grench introduced his memorandum (M-75-162) dated November
6, 1975, regarding the Fremont Older Open Space Preserve
Agricultural License. On August 13, 1975, the Board of
Directors approved an interim use plan for the site, and staff
was directed to negotiate an agricultural license. He asked
that they approve the following recommendation:
1. ratify the attached Fremont Older Open Space '
Preserve agricultural license to be signed by
the General Manager;
2. authorize the General Manager to enter into
license and lease agreements on behalf of the
District which are
(a) in amounts not exceeding $3,500 income to
the District, and
(b) no more than one year in duration, and
(c) pursuant to a Board adopted interim or
long-term site plan.
E. Shelley inquired if other general users were contacted
and if open bidding had been encouraged. H. Grench replied
that if the income resulting were anticipated to be more
than $3, 500, then bidding would be encouraged. If less
than $3, 500, then the District would investigate various
alternatives.
J. Olson commented that in this particular case, timing
was a factor. By the time the District took ownership
the agricultural use had already begun. He added that com-
petitive bidding has problems for an agency with the Dis-
trict' s particular environmental policies in that flexibility
is limited. The Board was advised that all long-range plans
would address themselves to the uses and impacts of issuing
licenses or leases.
Motion: E. Shelley Moved the adoption of the recommendation
for the Fremont Older Open Space Preserve referred
to in (M-75-162 dated November 6, 1975, but asked
staff to return with a suggested policy on open bids
versus negotiated leases and licenses so that the
Page eight
Board would have justification for decisions re-
gardless of income. D. Wendin seconded the motion.
The motion passed unanimously.
3. Acquisition Status of Addition to Preserve
H. Grench advised that negotiations are proceeding on additions
to the preserve.
B. Pro2osed Use and Management Plan for Saratoga Gap Open Space
Preserve
H. Grench introduced his memorandum (M-75-163) dated Novem-
ber 7, 1975, regarding Proposed Use and 'Management Plan for
Saratoga Gap Open Space Preserve and further recommended that
the Board adopt the name Saratoga Gap Open Space Preserve as
the official name for the Preserve.
J. Olson introduced his report (R-75-21) , dated November 6,
1975. The Board adopted on August 13, 1975 an interim use
and management plan for Saratoga Gap Open Space Preserve
and directed staff to return with a use and management plan
for the site by December. J. Olson gave the size and loca-
tion of the site, emphasizing its visibility from Highway 9
and Skyline Boulevard. He mentioned that due to the lack
of adjacent residents and the sparse nature of residential
development along Routes 9 and 35, and the fact that no sig-
nificant changes were being suggested for the site, a special
meeting was not held. Copies of the report had been sent
to the South Skyline Assoc. and input from this group was
welcomed during the public discussion. He described the
three environmental units on the site, their use and pro-
tection. These are the grassland- oak' savannah, the canyon
and the north trending ridge. Access to the site consists
of a small area by the gate, and no further plans for park-
ing are proposed. When Santa Clara County presents its plans
for the Skyline Recreational Corridor, the District will want
to respond. Also the District will want to be involved when
Santa Clara County and Santa Cruz County proceed with the
implementation of their land use policies on property adja-
cent to Saratoga Gap. J. Olson described the physical im-
provements on the site: replacement of the existing barbed
wire fence with a split rail fence, removal of major debris
on the site, erecting a sign denoting the availability of
drinking water at the Division of Forestry fire station,
recontouring old roadbed which bisects the grassland area
adjacent to Skyline and constructing three transects to
measure brush encroachment into the grassland area. The site
would continue to be exempt from entry permits and open to the
public. '
E. Shelley asked that there be a future agenda item to con-
sider policies of signs on District property.
Page nine
K. Duffy opened the meeting to the public.
Janet Schwind, Box 324, Star Route 2, La Honda, representing
the South Skyline Association, spoke. She gave a brief back-
ground of the Association, stating it consisted of approxi-
mately 100 members. Because of the site' s availability to
the public, the group is concerned that there be enough patrol.
It receives heavy recreational use, especially during the
winter season when there is snow. Ms. Schwind also requested
that immediate owners adjacent to the property, as well as
the Association, be notified of any future site proposals
and specifically the yearly site review. Speaking for her-
self, she approved of the use as proposed by J. Olson' s re-
port and emphasized her concern that the level of advertise-
ment of the site be kept low.
Motion: B. Green moved that the Board approve the use and
management plans for the Saratoga Gap Open Space
Preserve as set forth in the report (R-75-21) dated
November 6, 1975, and also officially adopt Saratoga
Gap Open Space Preserve as the site' s name. K.
Duffy seconded the motion. The motion passed unani-
mously.
VII. NEW BUSINESS REQUIRING ACTION
A. Proposed Office Lease Amendment
H. Grench introduced his memorandum. (M-75-160) dated Novem-
ber 5, 1975, Proposed Office Lease Amendment, which stated
that at the time of the adoption of the budget for the 1975-
1976 fiscal year, allocation was made for additional office
space that was required to accomodate the Land Manager and
existing regular full-time and part-time personnel. The
Board was asked to approve the amendment to the lease agree-
ment of August 22, 1973, thereby making the effective date
of the amendment to the lease April 1, 1975.
K. Duffy stated that discussion on office space should be
agendized at a future date.
Motion: K. Duffy moved the adoption of the amendment dated
April 1, 1975 to the District' s office lease. E.
Shelley seconded the motion. The motion passed
unanimously.
B. Draft Master Plan Review
H. Grench mentioned that the Board adopted the draft Master
Plan at its October 29, 1975 meeting. Since that time,
Don Weden from Santa Clara County Planning has been consider-
ing a shorter version of the Master Plan to provide for a
smaller document to get wider distribution. The Board was
presented a revised text for consideration. In the shorter
Page ten
version, the text would be printed on the back side of the
Master Plan map. Board agreed to give their comments and
recommendations to the Master Plan Subcommittee by Monday,
November 17, 1975. It was the Board's consensus that the
Subcommittee give its recommendation at the November 26
meeting.
C. Isabel Sewell Correspondence and National Recreation & Park
Association Congress Report
Due to the lateness of the hour the Board agreed to agendize
these items for its November 26 meeting.
IIIV. CLAIMS
Motion: E. Shelley moved adoption of the revised claims
(C-75-21) dated November 12, 1975. B. Green
seconded the motion. The motion passed unanimously.
IX. EXECUTIVE SESSION
The Board recessed to Executive Session at 11: 20 P.M. to dis-
cuss land negotiations.
X. ADJOURNMENT
The Board reconvened to adjourn at 12:15 P.M.
Jennie George
Deputy District Clerk