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HomeMy Public PortalAbout19760526 - Minutes - Board of Directors (BOD) Meeting 76-15 MIDPENINSULA REGIONAL PARK DISTRICT Regular Meeting Board of Directors M I N U T E S May 26 , 1976 745 Distel Drive Los Altos, CA I. ROLL CALL The meeting was called to order by President Hanko at 7 : 31 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, Carroll Harrington, Bradley Clifford, Robert Garcia, Phyllis Lee and Stanley Norton. II. APPROVAL OF MINUTES A. Minutes of May 12 , 1976 N. Hanko stated the consensus that the minutes of May 12 , 1976 be approved as presented. III. WRITTEN COMMUNICATIONS A. Crosley referred the Board to a letter dated May 24 , 1976 from Richard and Jim Wanderman asking the District to consider alternative means of preserving the Fremont Older ranchhouse. H. Grench referred the Board to a letter dated May 13, 1976 from the City of Saratoga expressing the City Council 's appre- ciation for the District's Resolution No. 76-10 in support of Saratoga ballot measures "J" and "K. " IV. ADOPTION OF AGENDA N. Hanko said B. Green wished to consider the report of the San Mateo County Grand Jury on the proposed annexation under New Business With Action Requested. N. Hanko said B. Green would have an Informational Report on the activities of the Planning Policy Committee Trails Sub- committee. Meeti)g 76-15 Page two N. Hanko stated the consensus that the agenda be adopted with the above additions. V. ORAL COMMUNICATIONS Mr. Ed Schell, Box 1345, Los Gatos, advised the Board that the San Jose Amateur Astronomers would be meeting at dark on June 5 on El Sereno Open Space Preserve, and on June 3 near Saratoga Gap. He invited interested people to attend. VI . NEW BUSINESS WITH ACTION REQUESTED A. Proposed Addition to Saratoga Gap Open Space Preserve H. Grench introduced his report (R-76-14) dated May 14 , 1976 , regarding a Proposed Addition to Saratoga Gap Open Space Preserve. He said the staff had acquired an option from the owners of a 355 acre parcel located north of the Saratoga Gap Open Space Preserve. If the Board decides to buy the option for $10 ,000 , it will have six months in which to exercise the option. At that time, an additional $19,850 would be paid as part of the down payment. The remaining $268,650 balance would be payable in five annual installments plus 5.9% interest. J. Olson said the proposed additional 355 acres would join the southern end of the County' s Stevens Creek Park with the northern end of the Saratoga Gap Open Space Preserve. Wallace Creek crosses the property, and there are two ridgetops on the site which follow the Creek. Elevations range from 2600 feet to 1600 feet. Vegetation on the property includes hard- woods , chaparral, oak and madrone. There is evidence of deer, and it can be expected that up to 48 species of birds and 45 species of mammals , amphibians and reptiles can be found on the property. Most of the site is undeveloped except for three houses on the northernmost quarter along Charcoal Ridge Road. There are also two barns in this area. J. Olson advised that the proposed acquisition was within the unincorporated area of Santa Clara County and in conformity with the County's General Plan. It is also within the Sphere of Influence of the City of Cupertino and is compatible with Cupertino' s General Plan. Access to the property would most likely be via Charcoal Ridge Road. There are a number of possibilities for trails on the site, which could connect the existing Preserve with the County park. The District and the County would be coordinating plans for recreational use and wildlife protection in the area, and for the possibile acquisition by the County of the portion of the site with the structures. The interim use and management plan would include coordination with the County; leaving the remainder of the parcel undeveloped for a wildlife habitat; investigating a trail link between Stevens Canyon Road and the Saratoga Gap Open Space Preserve; and allowing access to the site without permit. Meeting 76-15 Page three H. Grench said he felt the proposed 355 acre addition was a very significant parcel that would help form a scenic recrea- tion belt from the foothills above Palo Alto to the southern end of the District. The site also scores very high in the District's composite interim Master Plan map. He recommended that the Board of Directors adopt a motion authorizing the President of the District to acknowledge receipt of the option to purchase real property dated May 6 , 1976 wherein Harry C. Gunetti and Louis C. Larrus grant to the District an option to purchase approximately 355 acres of land, and authorizing the General Manager to pay the option price provided therein of 110,000 to the grantors , Mr. Ed Schell said he strongly supported the proposed acquisi- tion. Motion: B. Green moved that the President of the Midpeninsula Regional Park District be authorized to acknowledge receipt of the option to purchase real property dated May 6 , 1976 wherein Harry C. Gunetti and Louis C. Larrus grant to the District an option to purchase approximately 355 acres of land, and authorizing the General Manager to pay the option price provided therein of $10 ,000 to the grantors. D. Wendin seconded the motion. The motion passed unanimously. N. Hanko stated the sense of the Board that the interim use and management recommendations for the 355-acre property be accepted. B. Acceptance of Gift of Land as Addition to Saratoga Gap Open Space Preserve H. Grench introduced his report (R-76-15) dated May 14 , 1976 , regarding the proposed Acceptance of Gift of Land as Addition to Saratoga Gap Open Space Preserve. He advised that Boy Scout Troop 446 of San Jose had offered a 1. 04 acre parcel of land located northeast of the existing Saratoga Gap Open Space Pre- serve on the South side of Wallace Creek. It is about 1/8 mile downstream on Wallace Creek from the proposed 355-acre addition to the Preserve. J. Olson said the 1.04 acre site was generally level, and was within the rift zone of the San Andreas Fault. The vegetation and animals on the site can be expected to be similar to those found on the existing Preserve. There are no structures located on the site, and access to the site is from Charcoal Ridge Road, which appears to touch the northeast corner of the parcel. The proposed addition scores very high on the District 's interim Master Plan composite map. It is located within the unincor- porated area of Santa Clara County and is in conformity with Meeting 76-15 Page four the County's General Plan. The site is also within the Sphere of Influence of the City of Cupertino and is compatible with Cupertino's General Plan and with the proposed Hillside Plan. It is anticipated that the District would work with the County in planning for use of the property as a possible trail link between Upper and Lower Stevens Creek County Parks. No specific use and management recommendations are being made, and it is suggested that no permit be required for access to the site. H. Grench advised that there would be about $250 in administra- tive costs to be paid by the District, and there was a possi- bility that up to $900 in property taxes would have to be paid. He recommended that the Board accept the gift and adopt the interim use and management recommendations contained in the report. Motion: N. Hanko moved adoption of Resolution No. 76-11 , a Resolution of the Board of Directors of the Midpeninsula Regional Park District Accepting Gift of Real Property and Authorizing President to Execute Certificate of Acceptance with Respect Thereto, and that the Board adopt the interim use and management recommendations contained in report No. R-76-13. E. Shelley seconded the motion. The motion passed unanimously. C . Acceptance of Gift of Land as Addition to Fremont Older Open Space Preserve, Unit No. 2 H. Grench introduced his report (R-76-13) dated May 14 , 1976 , regarding the proposed Acceptance of Gift of Land as Addition to Fremont Older Open Space Preserve , Unit No. 2 . He advised the Board that the District had been offered a 2 .5 acre gift of land located west of the existing Fremont Older Open Space Preserve and adjacent to the proposed Unit. No. 2 option area. The donor is Claitor, Inc. J. Olson said the 2 .5 acre site was located on the east side of a north-south trending ridge which is parallel to a tributary of Stevens Creek. The site ranks very high in open space value on the District 's interim Master Plan composite map. The property is within the unincorporated area of Santa Clara County and in conformity with the County 's General Plan. He pointed out that the vegetation and wildlife on the site were in general similar to species found on the Fremont Older Open Space Preserve and the proposed Unit No. 2 addition. The site is undeveloped due to its steep slope, and there is no developed access. Hikers and equestrians occasionally traverse the property. The interim use and management recommendation for the site would be to maintain the area as an ecological and visual enhancement of Unit No. 2 of the Fremont Older Open Space Preserve. _J Meeting 76-15 Page five H I Grench advised the Board that the Cupertino Planning Commis- sion had not make a decision regarding whether or not the 2 .5 acre site was compatible with Cupertino's General Plan and had referred the matter to the City Council. The City Council is currently considering adoption of a new hillside element to their general plan. The Commission has asked the District to delay acceptance of the gift of land until the hillside element is adopted or they have some policies regarding the acquisi- tion of open space within the Urban Service Area. H. Grench said it was his recommendation that the Board continue this agenda item to give Cupertino an opportunity to consider their hillside plans. N. Hanko said she felt the District should keep in mind the wishes of the donor, since there might be tax considerations. Motion: N. Hanko moved that the matter of the Acceptance of Gift of Land as Addition to Fremont Older Open Space Preserve , Unit No. 2 , be continued to a time to be determined by staff. K. Duffy seconded the motion. The motion passed unanimously. K. Duffy requested that staff consider including additional identifying information to agenda items ; for example, giving the acreage of proposed acquistions. Mr. Gordon Jennings , 441 East Meadow, Palo Alto, said he hoped the Board was taking the right action by postponing consideration of the gift. He was concerned that the City of Cupertino would take too long and the donor would withdraw the offer. D. Use and Management Plan for Fremont Older Open Space Preserve - H. Grench introduced his memorandum (M-76-84) dated May 20 , 1976 , recommending that the Board adopt the proposed Use and Management Plan for the Fremont Older Open Space Preserve as set forth in the Land Manager's report. He further recommended that the Board adopt the name Fremont Older Open Space Preserve officially, and that the Negative Declaration for the plan be approved. J. Olson introduced his report (R-76-12) dated May 18 , 1976 , which recommended a Use and Management Plan for the Fremont Older Open Space Preserve. He said the recommendations are intended to reflect adopted Board policies and other policies which are currently being discussed regarding land use. They are also intended to provide a balance among the potential uses of the site, rather than to have any one use to the exclusion of others . He noted that the draft use and management plan had been pre- sented to a citizens advisory group composed of representative neighbor and user groups , then it was presented to the general community after review and comment by the citizens advisory group. The final version being presented was prepared after considering suggestions and comments made at the community presentation. Meeting 76-15 Page six J. Olson said the use and management recommendations were being made for the 317 currently owned by the District and for the additional authorized acquisitions totalling 35 acres. The report noted that another 75 potential acres near the existing Preserve may be acquired as Unit No. 2. Based upon the resources of the site and the basic policies and budgetary capability of the District, J. Olson made the following recommendations in order to maximize public use of the site consistent with protecting the natural resources , maintaining the agricultural viability, preserving certain elements of the cultural history, and minimizing the impact on adjacent residents : 1. Maintain Prospect Avenue as the only vehicular access point to the Preserve. Regnart Road is not suitable for this purpose. The only author- ized parking area should be at the end of Prospect Avenue immediately within the Preserve. It should be expanded to accommodate about 20 cars with a telephone pole border, possibly with a gravel surface during winter months. A bicycle rack will be incorporated into the parking area. If necessary, the District should participate in funding the placement of "No Parking" signs in appropriate areas . 2. Hiking and equestrian trails should be allowed from the end of Prospect Avenue, the existing entrance from Regnart Road, and the end of Reg- nart Road via the parcels currently being acquired. A trail from the Preserve is planned to lead to the Garrod Stables. Staff will work with the Cas- tle Rock Horsemen's Association to develop a volunteer patrol program for the trails. 3. Individuals should not be required to obtain permits to use the site, but permits should be required for groups of 15 or more. At this time, no fees for use are recommended. 4. The trails system set forth in the report should be implemented as soon as possible, hopefully within three months , to serve as the main circu- lation system. The hayfield should remain closed. 5. Areas designated in the report as "Natural Areas" should be maintained as wildlife habitats , and activity in those areas should be discouraged. 6. No cultivation of the apricot orchards is being recommended. The hayfield should be continued Meeting 76-15 Page seven with a possible reduction in acreage. The walnut orchards in Seven Springs Canyon should be con- tinued, and staff will attempt to find a 4-H group or other interested party to cultivate them. 7. Staff should issue permits for, and encourage , the kinds of environmental education projects which have been suggested by various organizations and city departments. In particular, the City of Cupertino is exploring the possibility of sponsor- ing a day camp and/or overnight camp on the Pre- serve. 8. The staff will further investigate the cost of repairing the grey house on the Preserve, and return to the Board with a recommendation on whether to repair or remove this structure. 9 . The District should attempt to restore the adobe pool house, up to the amount of $15 ,000 , with the assistance of local historical groups. The staff should work with the Santa Clara County Rose Society to determine if a terraced or sunken garden could be cultivated in the filled-in pool, or if the pool should be used as an amphitheatre. 10. The staff should recontact historical groups to determine if there is a potential for restoration of the Fremont Older house. If no viable scheme for restoration and use is found, then the staff will return to the Board with a further recommenda- tion. 11. The apricot shed area should be developed as a day camp site, possibly operated by the Cupertino Park and Recreation Department or other group. This would include removal of the water tank base and scraping of deteriorated asphalt pavement. Operation of such a camp would be a pilot project and the effect of such use on the natural resources of the Preserve would be monitored. 12. If the Santa Clara County Rose Society is interested in rehabilitating the Fremont Older gardens , The District should provide limited water to the gardens . 13. The District should continue participation with users of Water System No. 1, at a cost not to exceed $200 annually. A sign should be placed to indicate that the water is not potable. Meeting 76-15 Page eight 14 . The flow of water from Water System No. 2 should be returned to the adjacent creek, to include a horse-watering trough. A sign should be placed to indicate the water is not potable. 15. No recommendation is being made regarding the PG&E tower on the property, since they have rights for such a line and tower. 16 . The concrete reservoir should be demolished or filled at a cost from $200 to $800 . 17. The District should share maintenance costs for using the extention of Prospect Avenue, not to exceed $250 a year. The cost of developing a parking area will be from $500 to $2 ,000 . 18. The T.V. tower on the site should remain until expiration of the lease. At that time, consider- ation should be given to redesigning the tower or eliminating it. 19. The staff will work with volunteers at an esti- mated cost of $1 ,000 to construct the trails system for the site as shown on the "Proposed Trails System" map in the report. An alternative trail alignment from Prospect Road to the Older house should be investigated to minimize conflict between trail users and traffic. The District should coordinate with the County on trail links within the Regnart Canyon area. 20 . An identifying sign should be placed at the Prospect Avenue parking area. Trail direction signs and notice of adjacent private property should be placed wherever appropriate. A sign should be placed at the end of the parking area to indicate that only authorized vehicles are allowed beyond that point. Other signing may be done if appropriate and consistent with District policies . 21. Remnants of existing fencing should remain if they do not interfere with the trail system. The chain link fence on the northwest corner of the hayfield should be removed when all author- ized parcels have been acquired by the District. The chain link fence on the east side of the hayfield should have the barbed wire removed. Adjacent residents should be allowed to install a gate leading to the Preserve at their expense. Meeting 76-15 Page nine 22. A wood rail fence should be placed around Hunters Point to protect it from vehicles and equestrian traffic at an estimated cost of $1500. 23. A gate may be installed at the parking area if a sign does not keep vehicles out of the Preserve. The existing gate at the intersection of Regnart Road and the T.V. tower access road should be relocated. Hiking and equestrian access should be provided at this point. 24. Three areas of debris should be removed fromthe site at a cost of about $1,000. 25. Areas needing revegetation on the site should be graded and planted with grasses . Native vege- tation screens to protect the privacy of adjacent property owners should be permitted. 26 . Investigation into discing plans should be made with respect to planting of the hay crop or trail use. 27. A volunteer should be assigned to develop a compre- hensive history of the area. 28. A volunteer should be encouraged to develop back- ground material regarding the natural resources of the Preserve. An interpretive nature trail should be developed on the Preserve. 29 . A resident caretaker should live in the adobe, generally representing the District and monitoring use. 30. District rangers will patrol and monitor site use. 31. The name Fremont Older Open Space Preserve should be official, since it appears to be an appropriate name of historical significance 32. A site brochure will be developed to explain the Preserve 's resources and trail system. J. Olson further suggested that staff would give first priority to implementing the parking area, the trail system, and placing signs in appropriate areas. He recommended that the Board approve the Negative Declaration attached to the use and manage- ment plan. He advised that the plan would be reviewed in a year' s time. He acknowledged the volunteer efforts of Dr. Judith Unsicker and Mr. Steve MacKerrow in providing background materials on the natural resources of the site. He expressed Meeting 71-15 Page ten appreciation to the members of the citizens advisory group for their contributions to the final report. K. Duffy said she felt there should be a sign at the fork in Prospect Road to indicate which direction people should take to get to the Preserve. D. Wendin said he felt that would not be in accordance with the District's adopted signing policy, and suggested a sign indicating "Private Drive" or something similar could be installed if necessary to project residents along the other fork. E. Shelley and B. Green said they agreed with D. Wendin. B. Green suggested the District monitor the traffic along the road and if there is a need to take some action, return to the Board if there is a conflict with the Board' s policy. N. Hanko asked if anyone wished to make a motion regarding the sign K. Duffy referred to. There was no response. N'. Hanko advised*the Board that the Harris family has offered to show slides illustrating the history of Fremont Older and asked that this be placed on the agenda in the next three or four months. In response to a question from the Board, J. Olson advised that Mr. Steve MacKerrow and the District 's Ranger, R. Garcia, had determined that the use recommended in the proposed plan would not have an adverse impact on birds or other wildlife on the site, in all probability. B. Green gave a brief history of Fremont older's career as the editor of the Bulletin. She noted that he had spent ten years uncovering the misdeeds of Mayor Schmidt of San Francisco and his associates and then, when one of the associates was sent to jail, older spent several years more trying to get him released. In response to a question from the audience, J. Olson advised that the staff had considered the possibility of providing for an extension of the neighboring course onto the site. it was not being recommended, however. Motion: B. Green moved adoption of the recommendations contained in the Use and Management Plan for Fremont Older Open Space Preserve (R-76-12) dated May 18 , 1976. K. Duffy seconded the motion. The motion passed unanimously. Motion: N. Hanko moved adoption of the name Fremont Older Open Space Preserve as the official name for that site. B. Green seconded the motion. The motion passed unani- mously. Mr. Gordon Jennings , a member of the citizens advisory group, said he felt the report was a success because the planning Meeting 76-15 Page eleven process was a good one and because Board and staff members had worked with the District' s constituents . He said he hoped the involvement with citizens would continue. N. Hanko said the Board was grateful for the work of the citizens advisory group, and she presented a certificate of appreciation to Mr. Jennings as one of its members. Other participants would be sent certificates by mail. Motion: B. Green moved that the Board approve the Negative Declaration attached to the Use and Management Plan for Fremont Older Open Space Preserve . E. Shelley seconded the motion. The motion passed unanimously. E. Policies Regarding Annexation N. Hanko introduced her memorandum (M-76-82) dated May 17 , 1976 , suggesting Policies Regarding Annexation to be considered by the Board. She felt there might be some confusion on the part of south San Mateo County residents as to the acquisition intentions of the Board of Directors if annexation is successful. She pointed out that revenue from the annexation area would not be received by the District until December, 1977. However, she proposed that the Board adopt a policy wherein negotiations for the acquisition of key parcels would begin at the time annexation is successful and new Directors from the annexed area can participate in such decisions. Motion: N. Hanko moved that the Board adopt as policy the fol- lowing statement: "In the event southern San Mateo County annexation is successful, it will be the Board' s policy that the entire District will be considered as a unit and that priorities for acquisitions will apply equally to the newly annexed area. Planning for acqui- sitions within the annexed area, and associated nego- tiation, will commence after the seating of Directors representing the new area. " D. Wendin seconded the motion. Discussion: N. Hanko advised that the Citizens Committee for Annexation was supportive of this policy. The motion passed unanimously. F. Recommendation of San Mateo County Grand Jury B. Green referred Board members to a press release from the San Mateo County Grand Jury stating that the passage of Proposi- tion D (annexation of south San Mateo County to the District) is not in the best interests of San Mateo County. She expressed unhappiness with misstatements about the District in the release , and asked if Board members felt it would be appropriate to reply. Meeting 76-15 Page twelve N. Hanko said she, too, was concerned with the errors of fact in the Grand Jury press release. D. Wendin said he was concerned that the members of the Grand Jury would produce this type of document without contacting the Board or staff of the District. He questioned whether the Grand Jury's action was an appropriate function for them. However, he felt it was the responsibility of the Citizens Committee for Annexation to reply to the statements , rather than the Board. He added that he assumed staff members would give correct information to anyone contacting the District office about the statements. Any action by the Board should be taken after the election, he said. E. Shelley said he agreed with D. Wendin, and he expressed surprise at the Grand Jury's action. C. Harrington advised that the Citizens Committee for Annexa- tion was preparing a response to the Grand Jury' s statements. N. Hanko stated the consensus that the staff would respond to questions regarding such changes but would not initiate response. VII. INFORMATIONAL REPORTS N. Hanko said she had been acting as the District ' s represen- tative to the Santa Clara County Planning Policy Committee 's Subcommittee on Trails , and B. Green was the alternate repre- sentative. B. Green has been attending a number of meetings regarding a possible baylands trail system, and is prepared to give a brief status report to the Board. B. Green said the Planning Policy Committee was investigating a possible trail that would connect San Mateo County baylands from Brisbane to Santa Clara County baylands with connecting trails from the urban area. A -key link in establishing the trail is the Crittenden Marsh levee. She said there had been meetings with officials at Moffett and with the Mayors of Palo Alto, Sunnyvale and Mountain View regarding the trail system. The County would have primary responsibility for maintaining the trail. N. Hanko noted that there was equestrian representation on the Trails Subcommittee, and there would be shared trails by' bikers , hikers and equestrians . Mr. Gordon Jennings pointed out that bikes on dirt were safer than bikes on sandy pavement. VIII. CLAIMS Motion: N. Hanko moved acceptance of the revised claims (C-76-9) dated May 26 , 1976 . B. Green seconded the motion. The motion passed unanimously. Meeting 76-15 Page thirteen IX. EXECUTIVE SESSION The Board recessed to Executive Session at 10 :18 P.M. to dis- cuss land negotiations and personnel matters. X. ADJOURNMENT The Board reconvened to adjourn at 12 :05 A.M. Anne Cathcart Crosley District Clerk A. Minutes of May 26, 1976 B. Green referred to page six of the minutes and suggested that the word "acres" be inserted after the number 317 on line two of the first paragraph. She suggested the word "golf" be placed after the word "neighboring" on line three of the ninth paragraph on page ten of the minutes. She also suggested the sixth para- graph on page twelve of the minutes be clarified to read as follows : "B. Green said the Planning policy committee was investigating a possible trail that would connect San Mateo County's planned baylands trail from Brisbane to Palo Alto through Santa Clara County baylands with connecting trails from the urban area. . .She said there had been meetings with offi- cials at Moffett and with the Mayors of Cupertino, Palo Alto, Sunnyvale and Mountain View regarding the trail system. . . " N. Hanko said she did not recall making the statement in para- graph two on page five of the minutes , but would agree to let the statement stand if no one else took credit for it. No one took credit. N. Hanko stated the consensus that the minutes of May 26, 1376 by approved as amended. IL