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HomeMy Public PortalAbout19771214 - Minutes - Board of Directors (BOD) .-meeting 77-30 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Regular Meeting Board of Directors M I N U T E S December 14 , 1977 375 Distel Circle Los Altos , CA 94022 I. ROLL CALL The meeting was called to order by President Wendin at 7 : 37 P.M. Members Present: Richard Bishop, Katherine Duffy, Barbara Green, Nonette Hanko, Edward Shelley, Harry Turner and Daniel Wendin. Personnel Present: Herbert Grench, Jon Olson, Craig Britton, Anne Crosley, Carroll Harrington, Del Woods , Phyllis Lee, Rose Hartman and Stanley Norton. APPROVAL OF MINUTES A. Minutes of October 26 , 1977 D. Wendin asked if any Board members had changes to make in the minutes of October 26 , 1977. There were none. B. Minutes of November 2 , 1977 N. Hanko said she felt J. George had done an excellent job of preparing the minutes of this meeting. D. Wendin stated the consensus that the minutes of November 2 , 1977 be approved as presented. C. Minutes of November 9 , 1977 D. Wendin suggested the word "surplus" be stricken from the first paragraph under paragraph D on page five of the minutes, and that the word "renovation" replace the word "removal" in paragraph '"' on page six. He stated the consensus that the minutes of November 9 , 1977 be approved with the above changes. SPECIAL ORDERS OF THE DAY A. Acceptance of Gift of Windmill Pasture Area of Hidden Villa Ranch Meeting 77-30 Page two H. Grench introduced his report (R-77-52) dated December 6 , 1977 , regarding the proposed Acceptance of Gift of Windmill Pasture Area of Hidden Villa Ranch from Frank and Josephine Duveneck. He also introduced the Duvenecks and their daughter Elizabeth Dana, who were attending the meeting. J. Olson described the characteristics of the proposed 430- acre gift of land, pointing out that it forms part of the scenic backdrop for Los Altos , Los Altos Hills and Palo Alto. The site is adjacent to other Duveneck land, including the Hidden Villa Ranch which is visited by many Midpeninsula residents. He said the side had many canyons and ridges , with a trail leading to the Windmill Pasture meadow. He said the area had been used by the Ohlone Indians in the past, and Mission Santa Clara padres cultivated olives and grapes in the late 17001s . The Duvenecks began acquiring their land in 1923, and have continued to protect its watershed lands and wildlife. He added that the site rated high in several Master Plan categories, and acquisition would be in conformity with both the Santa Clara County General Plan and the Los Altos Hills General Plan. Potential use would include trails, picnicking in the meadow area, an environmental laboratory, and scenic viewshed. He said interim use and management recommendations for the site included continuing the present leval of casual day use; placing on-site identification signs at appropriate places ; improving on-site roads to facilitate patrol; prohibiting public vehicular access on the site; and instal- ling fencing to discourage motorcyclists if needed. H. Grench pointed out that the Committee on Site Naming Policies has been assigned the task of re-examining existing policies to develop a framework for naming District sites consistent with the planning area concept. He said he hoped that as a part of this process the Committee would include a method by which the Duveneck name could be recognized. He said the District Board and staff and constituents can feel honored that the Duvenecks chose to donate this property to the District. He recommended that the Board adopt a resolution accepting the gift of land, approve the interim, use and management plans con- tained in his report, approve the temporary name "Windmill Pasture Area of Permanente Creek Park, " and direct staff to include in the long term use and management plan a provision that no motorized vehicles be allowed on the site . Josephine Duveneck , Hidden Villa Ranch, Los Altos Hills, said her family had lived in the area a long time and they have wanted to see the land saved. She said she felt the District, as a public agency, would be a permanent and safe place for the property. Meeting 77-30 Page three Frank Duveneck, Hidden Villa Ranch, Los Altos Hills , said his family would cooperate with the District to protect the property. lie said he felt the land belongs to the animals, the birds and the trees , and his family has acted as their caretaker. He added that there was another road on the property which could be used for access. Keith Brown, Mayor of Los Altos Hills, said the residents of his Town were grateful to the Duvenecks for the many years they have preserved their land, and for their gift of open space. He said Los Altos Hills residents had included Duveneck lands in their General Plan as open space, and on behalf of the Town's residents he thanked the Duvenecks. He said Santa Clara County could consider the Duvenecks as humanitarians of the century because of their lifelong sharing with others. Stacy French, President of "Friends of Hidden Villa, " said he was very happy with the Duveneck's gift. In his letter of December 7 , 1977 to the Board, he expressed the apprecia- tion of members of the "Friends of Hidden Villa" for the existence of the District and its policies , for the gift of land from the Duvenecks, and for the efforts of the Duvenecks to provide environmental education for children in the area. N. Hanko asked if staff could investigate the possibility of bike lockers at the site, since inadequate parking is available at the present time. J. Olson said staff would look into it. B. Green said she like F. Duveneck's idea that the District could do some patrol on horseback. She asked if the proposed fencing would allow hikers to enter the site. J. Olson replied that it would. S . French suggested that logs could be placed on the ground to allow equestrians but discourage motorcyclists. Motion : D. Wendin moved adoption of Resolution No. 77-44 , a Resolution of the Board of Directors of the Midpenin- sula Regional Open Space District Accepting Gift of Real Property and Authorizing President to Execute Certificate of Acceptance with Respect Thereto (Per- manente Creek Park Addition, Windmill Pasture Area Duveneck Property) . B. Green seconded the motion. Discussion: Stanley Peterson, 24737 Prospect, Los Altos Hills , asked if the District had any plans regarding the nearby Neary property. H. Grench replied that discussions had been held with Mr. Neary, but the property had recently been sold to a new owner. The motion passed unanimously. Meeting 77-30 Page four Motion: D. Wendin moved adoption of the interim use and manage- ment recommendations contained in the General Manager' s report (R-77-52) dated December 6 , 1977. H. Turner seconded the motion. The motion passed unanimously. Motion: D. Wendin moved approval of the temporary name "Wind- mill Pasture Area of Permanente Creek Park" for the site. H. Turner seconded the motion. Discussion: D. Wendin said he felt the Committee on Site Naming should consider modification of the Board' s present policies. R. Bishop said he has often hiked on Duveneck property and has admired their work with young people. He said he felt it was an exceptional site where it would be appropriate to consider naming the area after its donors. The motion passed unani- mously. Motion: D. Wendin moved that the use and management plan for the site contain a provision that there will be no public motor vehicles on the property. H. Turner seconded the motion. The motion passed unanimously. D. Wendin said he has hiked on Windmill Pasture and feels the Duvenecks have given an exceptional site to the District. H. Grench said that although the Duvenecks were relucant to have the gift publicized, the publicity has already benefited the open space acquisition program. An individual who read of the gift in the newspaper called to set up a memorial for his deceased father whereby contributions would be sent to the District to purchase land. N. Hanko pointed out that Mrs. Duveneck served on the Palo Alto City Council at one time. J. Duveneck said she had assured people that horseback riding on the property would continue. The Board recessed at 8 :01 P.M. and reconvened at 8 :13 P.M. IV. WRITTEN COMMUNICATIONS D. Wendin referred to a letter from Florence Fava to the Santa Clara County Board of Supervisors regarding the naming of the North County Park next to the District' s Permanente Creek Park, and he suggested the Site Naming Committee should meet as soon as possible. H. Grench said the Committee has been trying to set up a time to meet to consider this item. Meeting 77-30 Page five A. Crosley referred the Board to the following Written Communi- cations : (a) a letter from Joseph J. Higgins , Chairman of the San Mateo County Parks and Recreation Commission, thanking the District Board for meeting with the Commission at the State College Site; (b) a letter dated December 13, 1977 from Isabel Sewell expressing her admiration for the public relations work of the District; (c) a letter dated December 7 , 1977 from Ellen Fletcher and a letter dated December 8 , 1977 from Alan Henderson urging the Board to consider preserving some of "The Land" buildings as a reminder of the history of the area; and (d) a letter from Stacy French dated December 7 , 1977 which was referred to under Special Orders of the Day. V. ADOPTION OF AGENDA D. Wendin stated the consensus that the agenda be adopted as presented. VI . ORAL COMMUNICATIONS There were no Oral Communications at this time. VII. PUBLIC HEARING A. Master Plan of the Midpeninsula Regional Open Space District H. Grench introduced his report (R-77-51) dated December 5, 1977 regarding the Master Plan of the Midpeninsula Regional Open Space District. He noted that the District had begun the process of preparing a Master Plan in 1973 and had discussed it at over thirty public meetings. Formal presentations were given to the many public agencies requesting them, and comments were nearly all favorable. Staff had also met with representatives from Mobil Oil Estates and Redwood City to review certain Master Plan scorings. He referred the Board to a number of changes recom- mended for the Master Plan document which were listed in his report. He said the only substantive change being recommended was that the scoring of a portion of open space in the Redwood Peninsula area be changed from the highest, dark green category to the lowest, light green category, which seemed to staff to be more appropriate . An area adjacent to Belmont Slough which had been inadvertently omitted from the scoring process was also recommended for inclusion in the Master Plan. He recom- mended that the Board adopt a resolution approving the Master Plan as amended. D. Wendin opened the Public Hearing at 8:32 P.M. to consider that portion of the Master Plan relating to Stanford lands. Director H. Turner left the room for this portion of the meeting. George Burtness , Assistant General Manager of Real Estate for Stanford University, said Stanford' s position remains the same Meeting 77-30 Page six as expressed in the September 7 , 1977 letter from Robert R. Augsburger, then Vice- President for Business and Finance of Stanford. Robert Mark, 725 Cowper, Palo Alto, said he has enjoyed Stan- ford open space lands for many years and was disappointed in their position with respect to the Master Plan. He recorunended that the Master Plan include Stanford lands as scored. Dorothy Jennings, 3611 Woodside Road, Woodside, said she would like to see the District' s designation of Stanford lands remain as it is. H. Grench stated that the District ' s proposed Master Plan did not mean to imply by any scoring that private lands such as those of Stanford are open space for use by the public. D. Wendin closed the Public Hearing at 8 : 35 P.M. D. Wendin, referring to the General Manager' s report, said it must be emphasized that the Master Plan composite map is not an acquisition plan but represents a resource analysis , and the fact that some Stanford lands were scored does not imply that they cannot be used for education-related purposes. He said the Urban Service Area boundary was basically used to determine the planning area for the Master Plan study, and since this line follows Junipero Serra Boulevard, some portions of Stan- ford land such as the arboretum and athletic fields are not scored, whereas lands south of the Boulevard are scored. K. Duffy pointed out that other institutionally-owned lands besides Stanford' s were included in the Master Plan. Motion: D. Wendin moved adoption of Resolution No. 77-45 , a Resolution of the Board of Directors of the Midpenin- sula Regional Open Space District Adopting Master Plan, as it relates to Stanford lands. N. Hanko seconded the motion. Motion to Table : D. Wendin moved to table his motion to adopt Resolution No. 77-45. B. Green seconded the motion. The motion passed on the following vote: AYES - R. Bishop, K. Duffy, B. Green, N. Hanko, E. Shelley and D. Wendin; ABSENT - H. Turner. Motion to Amend: D. Wendin moved to amend the draft Master Plan to reflect the changes recommended in the General Manager' s report (R-77-51) dated December 5, 1977. N. Hanko seconded the motion. The motion passed on the following vote : AYES - R. Bishop, K. Duffy, B. Green, N. Hanko, E. Shelley and D. Wendin; ABSENT - H. Turner. Meeting 77-30 Page seven Motion: D. Wendin moved to return the motion to adopt Resolu- tion No. 77-45 to Board consideration. R. Bishop seconded the motion. The motion passed on the follow- ing vote: AYES - R. Bishop, K. Duffy, B. Green, N. Hanko, E. Shelley and D. Wendin; ABSENT - H. Turner. The motion to adopt Resolution No. 77-45 as stated by D. Wendin previously passed on the following vote : AYES - R. Bishop, K. Duffy, B. Green, N. Hanko , E. Shelley and D. Wendin; ABSENT - H. Turner. H. Turner resumed his place on the Board and D. Wendin opened the second part of the Public Hearing on the Master Plan at 8 : 40 P .M. Eugene Masciarelli , Project Planner for Mobil Oil Estates Limited, said he wished to thank the staff for its sensitivity to the concerns of Mobil Oil and for meeting with them. He said his company had hoped their lands would be classified as urban, but their basic concern is with the Master Plan and what it might imply to others. He said he was aware that the Master Plan is a resource analysis and there was no attempt on the District' s part to usurp local plans or present an acquisition plan, but he felt there should be a prominent statement to this effect on the Master Plan document; other- wise it might affect developers ' plans. He said he would appreciate the Board' s consideration of this suggestion. H. Grench explained that there was such a caveat in the legend on the map. R. Bishop said he favored strengthening of the caveat, since a number of people have misunderstood the mapli in-tent. R. Mark said the District is a regional agency and should have its own planning approach while cooperating with other agencies at the same time. Paul Freeman, Assistant Manager of the Port of Redwood City, said his organization was concerned about the effect of the Master Plan on other public agencies. He said 132 acres of Port land is shown in dark green on the map, and he requested that Port properties be deleted from the Master Plan until they have an opportunity to discuss their designation with District staff. He said much of their property borders Bay waters , and the BCDC plan shows it as Port lands . He said the Port of Redwood City did not want its future plans jeo- pardized. He added that the Port was not tax supported, but is an enterprise. R. Mark said the purpose of the map is to depict open space resources that exist, and it is appropriate that an objective analysis appear on the map. Meeting 77-30 Page eight R. Bishop pointed out that the District has no zoning powers , and the designation on the Master Plan map does not affect the use of a landowner's property. H. Grench advised that staff did perform an inspection of the lands in this area, and discussed the designations with the Redwood City Planning Department. He added that staff had met with any landowners who questioned the blaster Plan, but it was beyond the scope of the planning contract to contact all landowners. Fred J. DiPietro, Manager of the Port of Redwood City, said he was greatly concerned about how the District' s planning would correspond to the planning of other agencies. He said the Port was authorized to conduct commerce under the laws of the federal government. He said the Port was concerned with creating a balance among many different needs , including social , economic and environmental needs. He said the Port was a public agency also, and objected to and opposed the District's Master Plan scoring of Port properties. He said the Port was involved in its own planning effort, and that it was the second oldest port in California, established under law. He distributed a state- ment describing the functions and opinions of the Port of Redwood City. D. Wendin asked if the Port was a part of the City of Redwood City. He said the District had informed all known public agencies about the Master Plan, given presentations, and consulted with the Redwood City Planning Department. F. DiPietro replied that the Port was separate from the City of Redwood City, exists under law and controls its own destiny. N. Hanko said it was her understanding that the District had to have permission to acquire the land of another public agency. S. Norton said it was his recollection that the District does need permission under such circumstances; however , the District ' s priorities lie elsewhere than the acquisition of property belong- ing to other public agencies. R. Mark said the Master Plan map was much like a geological map depicting fault lines - it is meant to show what is there, not what is planned. K. Duffy stated that the Master Plan map is not an acquisition plan, nor a zoning map, nor a land use plan, and is not law. It is simply an evaluation map. In response to a question from D. Wendin, H. Grench said he didn't know if the Master Plan consulting firm was aware of the status of the Port of Redwood City, but the consultants did refer to the Redwood CIty General Plan and the BCDC Plan. Meeting 77-30 Page nine D. Wendin said it might be appropriate to delay approval of the Master Plan if it is true there is no other use for the land other than as a port. H. Grench said he hoped the matter could be resolved by the first meeting in January. E. Shelley said perhaps the Master Plan could be approved sub- ject to other laws . 11. Turner said he felt the time should be taken to see if the facts are different from what the District Board and staff believe. Arthur Ogilvie, Santa Clara County Planning Department, said the property in question has been examined by many agencies over the years, and the District' s consultants reviewed all prior plans. D. Wendin closed the Public Hearing at 9 :27 P .M. Motion: R. Bishop moved that the land owned by the Port of Redwood City be excluded from the Master Plan for the present , and that staff should confer with Port representatives and report back to the Board in January. B. Green seconded the motion. Discussion: F. DiPietro said he welcomed the motion, and said he hoped it included a directive to staff to confer with the Port and with Redwood City staff. D. Wendin said with the consensus of the Board he would continue the Public Hearing as it applied to the Port of Redwood City lands only. All Board members signified that this was agreeable, with the exception of K. Duffy. Motion: D. Wendin moved adoption of Resolution No. 77-46 , a Resolution of the Board of Directors of the Midpenin- sula Regional Open Space District Adopting Master Plan, except as it relates to lands owned by the Port of Redwood City. B. Green seconded the motion. The motion passed unanimously. The Board recessed at 9 : 35 P.M. and reconvened at 9 :43 P.M. VIII . OLD BUSINESS WITH ACTION REQUESTED A. Policies Regarding Improvements on District Lands N. Hanko introduced the report (R-77-54) of the Committee on Structures and Improvements dated December 8 , 1977, presenting proposed Policies Regarding Improvements on District lands . N. Hanko and K. Duffy pointed out minor corrections in the text of the report and in N. Hanko ' s covering letter. Meeting 77-30 Page ten N. Hanko said the Committee had met six times to prepare the proposed policies. Comments from interested citizens resulted in some changes , particularly with respect to historical structures. She said the word "improvements" would include all constructions such as buildings , recreation and sanitary facilities , utility structures , dams , fences , gates, roads, trails and parking lots. All such improvements would be considered for possible retention in the use and management plan prepared for each new site. Several considerations would be addressed in determining whether or not to retain an improvement, including open space compatibility and its potential financial burden to the District. She discussed the major categories of improvements which might be considered by the Board, including (1) improvements used for site pro- tection and management; (2) improvements for public utilization of the site; (3) improvements which contribute to the character of the site; (4) improvements as income sources; and (5) im- provements for agriculture and other special uses. She said the Committee recommended that the Board adopt the Policies on Structures and Improvements ; direct the Committee to work with staff in the development of proposed amendments to the Land Use and Management Planning Process document on the subjects of defining emergency situations, procedures for public notifica- tion and definition of historic structures before demolitions occur; and direct the Committee to continue working on the subjects of special uses , concessions , and leases. N. Hanko said she felt more historical data was needed before decisions were made on structures , and that sufficient public notice should be given. D. Wendin said his only objection was to the words "every effort" in paragraph 3 , page 3 of the report, since he did not feel that was consistent with Board policy. E. Shelley said he didn 't think it was the intention of the Committee to interpret that phrase to mean all the available resources of the District. K. Duffy suggested the distinction is whether or not a structure is on the National Register. E. Shelley suggested the phrase "consistent with the Board' s policy on the land management budget" might be added to the paragraph. Kathleen Bartlett said she felt the District should consider saving some structures , and added that the community might feel very strongly about a structure that didn't happen to be on the National Register. Meeting 77-30 Page eleven Kathryn Kaiser, 1687 Bonita Avenue , Mountain View, said she felt it was important for the District to be aware of the historical background of structures even before it purchases a site. She suggested that it would be a good idea to set up an inventory of structures on potential open space lands now, and federal funding might be available for such a project. She said historical inventories are never complete. J. Olson said he felt the idea was a good one. D. Wendin suggested the proposed policy be returned to Committee to consider how the District should treat improvements which are (a) on the National Register, (b) eligible for the National Register, or (c) locally significant. A. Ogilvie distributed the following materials to the Board: (a) the Historical Amendment to the Santa Clara County Plan for Regional Parks , (b) the Secretary of the Interior's Stand- ards for Rehabilitation, and (c) a letter from the National Parks and Conservation Association President regarding the development of a National Heritage Trust. He said the District was a steward of some historical structures. Geri Albers , 925 Arbor Road, Menlo Park, said she had attended three of the Committee meetings , has been disappointed by the decision-making process , and has suggestions to offer that may help. She suggested that the budget be clarified to that a specific sum of money is available for the purpose of preserving historic structures. She said she had several more suggestions. D. Wendin asked that her suggestions be addressed to the Com- mittee if it is asked to reconsider the proposed policy docu- ment. He added that he felt the Committee should discuss the type of participation and degree of participation that is appropriate for the District regarding historical structures . D. Wendin stated the consensus that the Committee on Structures and Improvements reconsider the wording in paragraph 3, page 3 of the proposed policy, particularly the references to "every effort" and "eligible. " H. Turner said he would appreciate a briefing on the National Register, also. D. Wendin urged the Committee to proceed with looking into procedures for information gathering. Motion: D. Wendin moved that the proposed policy as set forth in report R-77-54 be returned to the Committee on Structures and Improvements , that the Committee work with staff in developing proposed amendments to the Land Use and Management Planning Process document on defining emergency situations, procedures for public notification and definition of historic structures Meeting 77-30 Page twelve before demolitions occur, and direct the Committee to continue work on special uses, concessions, leases and information gathering. H. Turner seconded the motion. Discussion: R. Mark said the Board should look care- fully at paragraph 4 regarding negative impacts of revenue producing uses. N. Hanko said the public was invited to contribute to the Committee 's work. G. Albers suggested the last paragraph under section 3 could use clarification. Motion to Call the Question: D. Wendin moved to call the question. H. Turner seconded the motion. The motion to call passed unanimously. The motion passed unanimously. B. Feasibility of Retaining Two Substandard Structures on the Monte Bello Open Space Preserve J. Olson referred to his report (R-77--55) dated December 8, 1977 , regarding the Feasibility of Retaining Two Substandard Structures on the Monte Bello Open Space Preserve. He pointed out that the structures discussed in the report had been destroyed by a fire the previous weekend in which arson was suspected. The fire ,burned four buildings. He said staff intended to fence the cistern as a hazard and planned to open at least the Burns portion of the site by January 1. N. Hanko said she had been advised by the City Attorney' s office in Palo Alto that they should have a copy of the District' s interim use and management plan for this site, since the Dis- trict may have to have City approval for actions it takes on the property. She suggested staff send the interim plan to the City. J. Olson said some staff members at Palo Alto are familiar with the use and management plan. He felt there was a distinction between the status of a site as open space, and intentions regarding improvements on the site. S. Norton said that in his opinion cities cannot prevent the District from acquiring land and leaving the land essentially as is; however, if there are more active uses, it will be more important to confer with cities. R. Bishop and K. Duffy said they felt staff should continue to keep city staffs informed as in the past. R. Mark said he agreed with this approach. Meeting 77-30 Page thirteen Mark Schneider, 1759 Woodside Road, Redwood City, said he felt the District would have problems controlling the use of the property. D. Wendin stated the consensus that the Board would leave to staff the responsibility of keeping jurisdictions informed, specifically Palo Alto regarding the Burns and Eldridge properties , of District activities on its sites. Purusha Obluda, 31570 Page Mill Road, Los Altos Hills , said he was a resident and part owner of land near the District' s land. He distributed pictures of the former "Land" area. He said he has been friendly with Land resi- dents for a number of years, and has worked as a news reporter. He said he has talked with attorneys, reporters , and Land resi- dents and has attended court sessions regarding this property. He said he was dismayed and angered at recent events and believes other people feel the same way. He said he is concerned about the fire hazard in the hills, particularly that fire departments have access to District lands. fie said it was his opinion that the Board directed its staff to demolish Land buildings when ownership was still in question, especially one house whose occupant claimed was on another' s property, and who was using the house to live in. He believed the bulldozers hired to demolish the buildings were insensitive and irresponsible. He said many people probably thought the Land residents were irresponsible , squatting freeloaders, but he cited a recent article by a professor who emphasized the importance of allowing alternate land uses and life styles. He said he felt that a case could be made to show conspiracy among the District, the City of Palo Alto and the Burnses to get the Land people off the property. He said he had heard former Assistant General Manager Edward Jaynes state that the District told Burns the District wouldn't buy the land unless the Land people were gone. He said it was his opinion that the District staff were evasive and vague in their testimony, and he believed the Land residents were ruthlessly driven off the property. He said he thought the Appeals Court would reverse the decision regarding owner- ship of the land in question. He asked the Board to instruct its staff to obey laws, especially those relating to relocation. He suggested the Board ask for a report from its staff regard- ing the bulldozer incident , and that the house whose location was in question be included in relocation considerations. He advised the Board that if the court determines that the Land is properly owned by Eldridge , then the people who were evicted were actually legitimate residents. He said he believed the District could have worked out a solution with the Land residents . He said that to his knowledge, no one in the Land community had received any assistance for their move , and some of the people are disabled. He said he did not believe the Land residents started the fire that burned Meeting 77-30 Page fourteen the Land structures because they loved the area; he felt the fire could have been started by someone who wanted to discredit the Land community. He urged the Board to ask that an impartial investigation be conducted by fire department officials. D. Wendin said that in many different ways , both Board and staff agonized over decisions made regarding this property. He said he did not know what comments would be appropriate in view of the pending litigation, but he hoped incidents such as the fire do not happen again. He said he wanted to assure the Land community that Board and staff are not insensitive to their situation. D. Wendin left the meeting at 11 :16 P.M. , and Vice President H. Turner presided over the meeting. Robyn Wesley said she did not understand the wastefulness of demolishing the structures. She said it seemed that an agency in the business of preserving things should not be tearing down buildings. She added that she was particularly disturbed at the lack of concern by the bulldozer operators for the land. She said it appeared to her that the District was afraid to deal with the Land community on a personal level because of the possibility of legal action. B. Green said she did feel more of the building materials could have been salvaged. R. Mark suggested the District be cautious about employing bull- dozers on its lands, since bulldozer operators are not sensitive to environmental areas. Winter Sojourner, 31570 Page Mill Road, Palo Alto, invited the District to help residents in the foothills receive adequate fire protection. She said she has been trying to form a volunteer fire brigade. She added that many people she knew were upset with the District, and she hoped that better relations could be established. M. Schneider said he felt the District owed something to the family whose house was destroyed even though it was located in a place where its ownership was in question. He said he didn 't understand why the District and Land residents couldn't have had a dialogue established. He stated that the arson fire was regrettable and tends to discredit the Land community, but he is convinced that no one from the Land was responsible. He said they were conducting their own informal investigation, which seems to indicate that the arson was a professional job. He remarked that shortly after the San Francisco Bay National Wildlife Refuge bought some land with structures on it that were used by duckhunters , the structures burned, but he added that his remarks were not meant to imply that the District Meeting 77-30 Page fifteen was responsible for the fire. He said he felt that relation- ships between Board and staff and the Land community had helped somewhat to reduce the problem. He said he would have expected the demolition from the Burnses or the police, but he understood that the District ordered it. He said the gesture to save a couple of buildings was offensive to him. S. Norton stated for the record that when accusations are made regarding Board or stiff actions , if no response is made , that does not imply acquiescence or agreement with the accusations. J. Olson said the last several weeks had not been easy for him, and he hoped the District and the Land representatives can establish better relationships. He said he did not know if this could be reconciled with the obligation to act on behalf of a public agency. R. Wesley said she feels the Board and staff are sincere about preserving open space, and she hoped they would not be in- flexible , but rather finds ways to be innovative. H. Turner asked if any action was being requested of the Board. J. Olson said no. E. Shelley said he wanted to point out that staff has been acting entirely at the direction of the Board. S. Norton stated that he was consulted throughout the activities regarding this property, and he believed staff acted properly in carrying out the Board's directive. He added that he felt staff had kept problems to a minimum. Frank Leidt, said he appreciated the Board' s conduct at this meeting, particularly the 'fact that they have listened to Land representatives. N. Hanko said she was sorry if anyone was insulted by the District' s intention to preserve two of the Land structures , and she felt it was regrettable that the fire destroyed what was left. She said she hoped that some type of exhibit could be established, with citizen participation. J. Olson stated that staff planed to present the use and manage- ment plan for this site sometime between March and May, 1978. Motion: N. Hanko moved that staff be directed to include a plan for an exhibit, such as a wooden kiosk, empha- sizing the history of the Land community, in the use and management plan. Three representatives of the Land could assist staff in preparing the exhibit, and i *461 /awc MIDPENINSULA REGIONAL OPEN SPACE DISTRICT i Meeting 77-30 Page sixteen N. Hanko volunteered to coordinate it. B. Green seconded the motion. Discussion: R. Wesley said she was not interested because it implies a relationship that does not exist. K. Duffy suggested that those who would be interested should prepare a proposal and present it to the Board. M. Schneider said he did not feel the Board should be discussing an exhibit, but rather should discuss com- pensation for the people who were staying in the house that was demolished. E. Shelley said the Board repre- sents a larger community than the Land and had to make decisions that were appropriate for all District constituents. In response to a question from F. Leidt, R. Bishop said staff could advise people what the procedures for applying for relocation assistance are. R. Wesley asked if the District could take the respon- sibility for applying for relocation assistance on behalf of the residents. S . Norton advised that some of the questions being asked had legal ramifications. He said it was his advice that actions which have been taken are correct , and those who feel the actions are not correct are raising a legal question. He instructed the Board not to answer such questions. M. Schneider said he felt the District was wrong and it appeared the only alternative was to go to court. H. Turner stated the consensus that those wishing to propose an exhibit were free to do so, and that no action be taken on the motion. The Board recessed at 12 :10 A.M. and reconvened at 12 :19 A.M. IX. NEW BUSINESS WITH ACTION REQUESTED A. Authorization to Create and Fill Patrol Ranger Position J. Olson introduced his report (R-77-55) dated December 7 , 1977 , regarding Authorization to Create and Fill Patrol Ranger Posi- tion. He asked that the Board approve the two contingent ranger positions that were included in the budget and Action Plan for the present fiscal year. He said this was necessary to provide effective patrol coverage and good supervision of construction and maintenance projects. The additional Patrol Ranger would be a full-time permanent staff member, while the Construction Ranger would be hired as a temporary and only if necessary. H. Grench introduced his memorandum (M-77-207) dated December 9 , 1977 , recommending Authorization to Create and Fill Patrol Ranger Position, at a salary range of $12 ,400 to $16 ,240. He further recommended that staff be authorized to spend up to $5 ,800 in contingency funds for a temporary Construction Ranger if deemed necessary by staff. He added that if the Board approved this and other recommendations of the staff at this meeting, the Land Management budget would be somewhat exceeded Meeting 77-30 Page seventeen this year. He said if staff did exceed the Land Management budget this fiscal year, they would make every effort to be under budget next fiscal year. Motion: R. Bishop moved authorization of a Patrol Ranger posi- tion with an annual salary range of $12 ,400 to $16 ,240 , and approval to expend up to $5 ,800 each in contingency funds for this position and for a temporary Construction Ranger position if needed. K. Duffy seconded the motion. The motion passed on the following vote: AYES - R. Bis- hop, K. Duffy, B. Green, N. Hanko, E. Shelley and H. Turner; ABSENT - D. Wendin. B. Ordering of District Vehicle J. Olson introduced his report (R-77-56) dated December 8, 1977 regarding Ordering of District Vehicle. He explained that the District only had a marginally adequate number of vehicles for use by field staff , which is further reduced when a vehicle is being repaired. With the addition of a Patrol Ranger and pos- sibly a Construction Ranger, the efficiency of field staff would be further reduced without the addition of another vehicle. He referred to his recommendations , supported in the General Manager' s memorandum (M-77-208) , that the Board authorize the General Manager to purchase a new 3/4 ton four-wheel drive pickup truck and accompanying equipment, and that up to $10 ,000 in contingency funds may be expended for this purpose. The purchase would be made through the State of California Depart- ment of General Services , or, if a satisfactory vehicle is not available through General Services , it would be purchased locally through competitive bidding. Motion: B. Green moved that the Board authorize the General Manager to purchase a new 3/4 ton four-wheel drive pickup truck and accompanying equipment, and that up to $10 ,000 in contingency funds may be expended for this purchase through either the State of California Department of General Services or competitive bidding. R. Bishop seconded the motion. The motion passed on the following vote : AYES - R. Bishop, K. Duffy, B. Green, N. Hanko, E. Shelley and H. Turner; ABSENT - D. Wendin. C. Ordering of Radio Equipment J. Olson introduced his report (R-77-53) dated December 6 , 1977 , regarding Ordering of Radio Equipment. He noted that the budget for the current fiscal year contains a contingency of $50 ,000 to modify the District ' s radio system to incorporate the frequency used by San Mateo County Parks and Recreation Department and to provide for expansion of the District ' s system. He recommended that the District add two frequencies _j Meeting 77-30 Page eighteen to its system, a "Fire White" mutual aid frequency used by fire departments and a frequency to be used exclusively by the District. Additional equipment would include installing three mobile units , one in the Land Manager' s vehicle , one in the Ford Courier, and one in the new vehicle. He further recommended that the District field staff have portable hand-held radios so they can leave their vehicles in the field yet retain communication with other staff. He referred to the General Manager's memorandum (M-77-206) which recom- mends that the Board authorize contracting with the lowest bidder to purchase radio equipment for a total amount not to exceed $41,000. Motion: R. Bishop moved that the Board authorize staff to expend up to $41, 000 in contingency funds to purchase radio equipment as described in the Land manager' s report (R-77-53) from the lowest bidder. B. Green seconded the motion. The motion passed on the following vote: AYES - R. Bishop, K. Duffy, B. Green, N. Hanko, E. Shelley and H. Turner; ABSENT - D. Wendin. D. Possible Cancellation of Second Regular Meeting in December H. Grench introduced his memorandum (M-77-203) recommending the Board consider the Possible Cancellation of the Second Regular Meeting in December. He said there were no urgent matters requiring Board action at this time, and a Special Meeting can be called if this does occur. Motion: K. Duffy moved that the Board cancel the second regular meeting in December, which would have been held on December 28 , 1977 . B. Green seconded the motion. The motion passed on the following vote : AYES - R. Bishop, K. Duffy, B. Green, N. Hanko, E. Shelley and H. Turner; ABSENT - D. Wendin. X. INFOP14ATIONAL REPORTS H. Grench said the San Mateo County Board of Supervisors will consider the District ' s letter regarding the State College Site on January 3 , 1978 . He added that the San Mateo County Parks and Recreation Commission would meet on January 5, 1978 to set a date for a follow-up meeting with the District. He said he and Doc Mattison had tentatively agreed to 7 : 30 P.M. , Wed- nesday, January 18, 1978 for the meeting at the District office. The Board members indicated that this would be satisfactory. XI. CLAIMS Motion: E. Shelley moved approval of the revised claims (C-77- 25) dated December 14 , 1977 , as presented. The motion passed on the following votes: AYES - R. Bishop, Meeting 77-30 Page nineteen K. Duffy, B. Green, N. Hanko, E. Shelley and H. Turner, with N. Hanko abstaining from Claim No. 475; ABSENT - D. Wendin. VI. ORAL COMMUNICATIONS (continued) Marion O'Conner, Sedonna Ridge, former Eldridge property, said the District vehicles drive by their house but don't stop. Greg Estes , Sedonna Ridge, former Eldridge property, asked what the District' s intentions were regarding their houses. C. Britton said relocation information was delivered to the houses on the site ; if they did not receive the information, it could be delivered tomorrow. J. Olson pointed out that the District took title to the site only recently, and that he would hope rangers and residents would cooperate with each other. H. Grench said the District intended to respect the privacy of the residents , while opening the property to the public, and he hoped there would be a comfortable relationship between them. He mentioned that this would be needed in working out small matters , like keeping the gate closed. G. Estes said he did not feel he could trust the Board, and said he would make an effort to communicate and hope for the best. XII. EXECUTIVE SESSIO14 H. Turner stated the consensus that there would be no Executive Session due to the lateness of the hour and because there was no urgent business requiring discussion. XIII. ADJOURNMENT H. Turner adjourned the meeting at 1 :05 A.M. Anne Cathcart Crosley District Clerk C. Minutes of December 14 , 1977 D. Wendin asked that the third sentence in the first paragraph under B on page twelve of the minutes reflect that five build- ings were burned rather than four. E. Shelley pointed out that the motion made on page sixteen of the minutes was never formally withdrawn, although the Board agreed to take no action on it. N. Hanko and B. Green asked that the minutes reflect that they agreed to withdraw the motion. Robert Mark, 725 Cowper, Palo Alto, asked that the paragraph summarizing his statement on page fourteen of the minutes state that he felt there was a need for a policy providing that activities such as bulldozing be performed under the direct supervision of District staff. 'Duff'1%. J­y' said she would like to add to her remarks on page e4ght - I of the minutes to state that a challenge to the Master Plan should be made for incorrect rating, but not for ownership. D. Wendin stated the consensus that the minutes of December 14 , 1978 be approved as amended.