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HomeMy Public PortalAbout19761222 - Minutes - Board of Directors (BOD) Meeting 76 33 AW MIDPENINSULA REGIONAL PARK DISTRICT Regular Meeting Board of Directors M I N U T E S December 22 , 1976 745 Distel Drive Los Altos, CA I. ROLL CALL The meeting was called to order by President Hanko at 7 :35 P.M. Members Present: Katherine Duffy, Nonette Hanko, George Seager, Harry Turner and Daniel Wendin. Members Absent: Barbara Green and Edward Shelley. Personnel Present: Herbert Grench, Edward Jaynes, Carroll Harrington, Bradley Clifford, Del Woods , Stan Norton, Jon Olson and Phyllis Lee. II. EXECUTIVE SESSION The Board recessed to Executive Session at 7 :37 P.M. to discuss land negotiations. The Board reconvened at 8 :10 P.M. to continue the public portion of the meeting. III. APPROVAL OF MINUTES A. Minutes of December 8, 1976 N. Hanko referred to page six, first paragraph, line six, and pointed out that since the December 8, 1976 meeting she had learned that there had been one letter in support of a Los Altos Hills detachment election, sent to LAFCO from a Los Altos Hills resident, and all the other letters were in opposition. N. Hanko stated the consensus that the minutes of December 8, 1976 be approved with the above addition. IV. WRITTEN COMMUNICATIONS H. Grench referred the Board to a letter of November 24 , 1976 from Tim Hall of the Geology Department of Foothill College, offering to help with geologic research and San Andreas Fault trails planning. He added that a response from J. Olson was attached. Meeting 76-33 Page two N. Hanko suggested that Mr. Hall be contacted regarding possible extension of the research and trails planning to include the Dahl property. J. Olson stated that Mr. Hall had been advised of this possibility. H. Grench referred the Board to a letter dated December 20, 1976 from Elizabeth Crowder of the Palo Alto Planning Department, regarding the Black Mountain Use and Manage- ment Plan. N. Hanko suggested that this letter be consi- dered along with presentation of the plan listed on the agenda as item number 2. V. ADOPTION OF AGENDA N. Hanko stated consensus that the agenda be adopted as presented. VI. ORAL COMMUNICATIONS Mr. Ed Schell, P.O. Box 1345, Los Gatos, invited Board and staff members to attend a Star Party hosted by the San Jose Amateur Astronomers, to be held January 22 , 1977 at El Ser- eno Open Space Preserve. VII. OLD BUSINESS WITH ACTION REQUESTED A. Purchase of Tax-Deeded Property as Addition to Fremont Older Open Space Preserve (2. 5 acre Claitor, Inc. site.) B. Clifford referred to his memorandum (M-76-195) to the General Manager dated December 17 , 1976 (attached to M-76-194 dated December 15, 1976 , from the General Manager to the Board) , regarding the Purchase of Tax-Deeded Property as an Addition to Fremont Older Open Space Preserve (2. 5 acre Claitor, Inc. site) . He said that on June 3 , 1976 Mr. James Claitor, president of Claitor, Inc. signed a gift deed trans- ferring a 2. 5 acre parcel of land to the MRPD. The Board subsequently accepted the gift as an addition to Fremont Older Open Space Preserve, Unit II. This acceptance was subject to authorization for the General Manager to with- hold recording of the deed until liens were removed. Since the liens were not removed, the property was deeded to the State of California for non-payment of taxes. In response to the District's request and pursuant to the Revenue and Taxation Code, the Board of Supervisors of Santa Clara County has executed an agreement so that the District can purchase the tax-deeded land for the price of $2.00. B. Clifford recommended that the Board authorize the Presi- dent to execute an agreement to purchase tax-deeded land, thereby accepting this 2.5 acre parcel as an addition to Fremont Older Open Space Preserve. Meeting 76-33 Page three Motion: Wendin moved that the Board authorize the Presi- -ent to execute the agreement to purchase tax deeded land, accepting the 2 .5 acre parcel as an addition to the Fremont Older Open Space Preserve. G. Seager seconded the motion. Discussion: In response to a question from H. Turner regarding the process of ownership transfer from the State to the County, S. Norton stated that after approximately 5 years a county may deed land with such tax liens against it to the State, at which time the State may deed it back to the County again at a later date. The motion passed unanimously. VIII. NEW BUSINESS WITH ACTION REQUESTED A. Use and Management Plan for Black Mountain Open Space Preserve J. Olson introduced his report (R-76-35) to the General Manager dated December 15 , 1976 (attached to M-76-194 dated December 15, 1976 , from the General Manager to the Board) , regarding the Use and Management Plan for the Black Mountain Open Space Preserve. He added that the written communication received from Elizabeth Crowder of the Planning Department of the City of Palo Alto should be clarified at this time. He stated that the letter came about because there had been consideration of primitive overnight camping on the site, and since 60% of the site lies within the boundaries of the City of Palo Alto, a permit for such use might be re- quired by them. He added that since that time, the City has reviewed the proposed plan and found it acceptable sub- ject to later consideration of the composite and therefore has withdrawn the request contained in the letter. Fie stated that the property was originally acquired by the District in December, 1974 and an additional 47 acres was added in February, 1975 to comprise the present 760-acre Black Mountain Open Space Preserve. In September, 1975 , the Board of Directors adopted an Interim Use and Manage- ment Plan for the site which called for low intensity recreational use and for environmental education programs. Several factors, including the close proximity to other large public lands that have been retained in their natural state, limited access and parking, distance from emergency services, and protection of wildlife habitats were consi- derations in the adoption of the initial use and management plan. Up until this time, the site has been used primarily by organized groups such as the Audubon Society, MRPD docents, school and environmental organizations. These groups were required to obtain permits for use from the MRPD. The upper portion of the site has been open to individuals and groups without permit restrictions. He advised the Board that a public meeting was held for residents in the Montebello Ridge area on December 1. Meeting 76-33 Page four All adjacent property owners and residents along Monte Bello road were informed of the meeting and all comments from these property owners were supportive of the recomen- dations in this plan without exception. He stated that the recommendations contained in the report were intended to reflect adopted Board policies, environ- mental constraints and community input regarding the Preserve. The recommendations in this report are intended to provide a balance between agricultural uses, recreational uses and other potential uses of the site. After a brief description of the site, which included topography, soils, geology, roads and trails, vegetation and wildlife, J. Olson presen- ted the following recommendations to the Board: (a) that no permit be required for individuals and small groups (under 15 persons) for hiking and equestrian use of the site when access can be gained via Upper Stevens Creek County Park or other private entrances where the consent of the property owner is given; (b) permits should be issued to all groups (over 15 persons) which request use of the area providing such uses would not cause specific or cumu- lative detrimental impacts on the site; (c) docent-led tours should continue on a regular basis and would likely average two per week; (d) current use of the site by the San Jose State University biology department for bird band- ing projects and the environmental awareness program in pro- gress on the Preserve by Peterson High School should continue. (In addition, MRPD staff is working with San Jose State University to develop a research program for the Upper Stevens Creek County Park area and the Black Mountain Preserve) (e) an area designated for overnight camping should be used as a primitive camping area with no physical development, subject to normal permit requirements for a use permit. No open fires would be permitted at the campsite; (f) areas designated "Natural Areas" should remain undisturbed, for the purpose of providing for a protected environmental set- ting for vegetation and wildlife. Horseback riding should be prohibited on the steep ravines in the lower portion 'of the site due to the potential damaging effect of such activ- ity on steep slopes; (g) cattle grazing on the Preserve, discontinued on the site in 1975 , should not be reintroduced until further consideration is given to the quality of the range after the winter rains. The number of animals and the date of possible cattle grazing in the spring of 1977 ,would include environna)_-ntal protection and management conditions. Staff would also work cooperatively with Stanford University land management department in considering a joint grazing program for the adjacent lands; (h) vineyards should be re- introduced on the Preserve, if a lease can be developed, and planted at a rate of approximately ten acres per year. The selection process for such a lease and the specific terms and conditions would be developed at a later date; Meeting 76-33 Page five (i) no parking area open to the general public is rec- commended for the site due to the limited capacity of Monte Bello Road and unsuitable terrain. A primitive gated-off parking area currently used by docents and or- ganized groups who have permits, should be developed for such uses; (j) fire roads within the site should be scraped where necessary for agricultural, fire and patrol use. Fire roads and the old roadbeds located in Stevens Creek Canyon would provide a link to trails in the County park and the latter roads would require reopening. No major signing of the trails is recommen- ded at this time; (k) due to parking limitations and the fragile character of the site, signs identifying the Pre- serve or the District are not recommended at present along Monte Bello Road. Within the site, adjacent private pro- perty signs and signs denoting trails or boundaries should be placed where necessary; (1) any fencing improvements would be associated with leases for cattle grazing or vineyard production. Fencing would be an open weave type and designed so that it would not interfere with trails; (m) clean-up would be handled on the site as part of a general clean-up of the lower Canyon area; (n) develop- ment of a cultural history of the Preserve , by a volunteer, is recommended; (o) District rangers will patrol the site on a daily basis and continue to record number of users and activities observed and the docent coordinator will maintain a record of docent-led tours; (p) the official name rec- commended is Monte Bello Open Space Preserve, Black Mountain Area; (q) staff would implement these recommendations after their adoption by the Board giving priority to the parking area, trail system development and signing; (r) capital improvement costs for road maintenance, parking area improve- ments, trail construction and miscellaneous items should total about $3,100. As with all District site plans, these recommendations will be reviewed about one year from adoption. It is also rec- commended that the Board approve the Negative Declaration attached to the report. J. Olson advised the Board that there were volunteers who had made significant contributions in the area of gaining a broader knowledge of natural resources; namely, Judith Unsicker, Mike Rigney and Douglas Erskine. In response to a question from D. Wendin regarding access problems from the Stanford land and the County' s Upper Stevens Creek Park, J. Olson stated that the Stanford land is officially closed, but Stanford is not deterring hikers who wish to use the ridge or the canyon area. The County park is open to equestrians and hikers. N. Hanko asked if the roads and trails inside the Preserve could be used by bicyclists. J. Olson replied that due to Meeting 76-33 Page six the type of terrain found on the Preserve and the steepness of slopes, substantial bicycle use is not expected; but would not be forbidden, however. K. Duffy expressed concern over the lack of a public parking area and signs. J. Olson said that the adjacent Lower Stev- ens Creek County parking area attracts an extreme amount of use from disruptive users, and it was his feeling that this area would have the same problems if signed and improved. Signing this parking area would probably cause some adverse impact to residents along Montebello Road and any decision to do signing would have to be reviewed for its potential impacts. N. Hanko recommended that group use be encouraged until staging areas could be worked out with adjacent property owners. In response to a question from G. Seager regarding camping in the lower portion of the site, J. Olson replied that the Peterson High School group using the lower portion of the adjacent Stanford lands recently applied for a permit for overnight camping from the City of Palo Alto. The request for the permit was denied, and the probable reason for denial was the fact that there is no access for fire equip- ment to that area. R. Mark, 720 Cowper Street, Palo Alto said that he was pleased that the permit requirement has been removed but hoped the District would not place too much emphasis on group use as opposed to individual use. He stated that certain roads recommended to be reopened or scraped in the canyon, had become very good trails due to use by vehicles and he felt these should be maintained as un scraped trails. He expressed interest in seeing some sort of loop trail connecting the County park and the Preserve. J. Olson explained that the scraping of the roads would enable District patrol vehicles to get around the Preserve in the most efficient manner. He added that scraping would only be done where necessary. This would depend upon the trail condition and amount of use. G. Jennings, 441 E. Meadow, Palo Alto asked S. Norton whether the regional park district enabling legislation provided for an override of the decision of a city depart- ment to deny or approve overnight camping in an area within city limits but not owned by the city. S. Norton replied that acquisition proposals have to be sent to the City Planning Departments before acquisition. E. Schell, P.O. Box 1345, Los Gatos, said that he felt individual camping should be encouraged rather than group Meeting 76-33 Page seven camping. J. Olson replied that the recommendations con- tained in the report are not intended to discriminate against individual use. Motion: H. Turner moved that the Board adopt the Negative Declaration for the Use and Management Plan as set forth in report R-76-35 dated December 15, 1976. G. Seager seconded the motion. The motion passed unanimously. Motion: N. Hanko moved the Board adopt the recommendations contained in the Use and Management Plan report R-76-35 dated December 15, 1976. H. Turner seconded the motion. The motion passed unanimously. Motion: K. Duffy moved that the Board adopt the name Monte Bello Open Space Preserve, Black Mountain Area as set forth in the Use and Management Plan report R- 76-35 dated December 15, 1976. D. Wendin seconded the motion. The motion passed uannimously. IX. INFORMATIONAL REPORTS A. Application for Land and Water Conservation Funds for Addition to Permanente Creek Park H. Grench advised the Board that the District' s application for federal Land and Water Conservation Fund for funds to purchase an addition to Permanente Creek Park had not been approved. He said that although this application ranked very high, the last two years the District had received approval of its applications for Land and Water Conservation funds and other agencies had not received funding. He added that development of the San Mateo County Coyote Point Park, which is in the same funding area, had been approved for a $1,000,000 grant. B. Proposed Meeting to Discuss Distribution of Proposition 2 Funds in San Mateo County H. Turner stated that the Director of Parks and Recreation of San Mateo County recommended to his Board that a meeting be held with representatives of special districts involved with parks and recreation in San Mateo County to discuss the expenditure of the $2,000,000 available as the result of the recent passage of Proposition 2. X. CLAIMS Motion: H. Turner moved approval of the revised claims (C-76-23) dated December 22 , 1976. K. Duffy secon- ded the motion. The motion passed unanimously. XI . ADJOURMENT The meeting was adjourned at 9 :40 P.M. Phyllis Lee, Recording Secretary A. Minutes of December 22 , 1976 N. Hanko said she would like to correct the information in para- graph four on page six of the minutes of December 22 , 1976 , re- garding the denial of a permit request for overnight camping by the City of Palo Alto. She said a member of the Palo Alto Planning Department advised that a permit was approved, with conditions, and that it was the opinion of Palo Alto legal counsel that a veto of overnight camping by the City of Palo Alto could have an impact on activities on District lands. Robert Mark, 725 Cowper, Palo Alto, asked that the words "lack of" be inserted before the word "use" in the sixth line of the fifth paragraph on page six of the minutes. N. Hanko stated the consensus that the minutes of December 22 , 1976 be approved with the above corrections.