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HomeMy Public PortalAbout19780222 - Minutes - Board of Directors (BOD) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Regular Meeting Board of Directors M I N U T E S February 22, 1978 375 Distel Circle, D-1 Los Altos, CA I. ROLL CALL The meeting was called to order by President Turner at 7 : 38 P.M. Members Present: Nonette Hanko, Kay Duffy, Harry Turner and Richard Bishop. Daniel Wendin arrived at 7 :50 P.M. Personnel Present: Herbert Grench, ion Olson, Craig Britton, Anne Crosley, Stanley Norton, Del Woods, Cynthia DiGiovanni, Carroll Harrington and Phyllis Lee. APPROVAL OF MINUTES A. January 25, 1978 Minutes Motion: K. Duffy moved that the minutes be approved as presented. H. Turner seconded the motion. The motion passed unan- imously. B. February 8, 1978 Minutes Motion: N. Hanko moved that the minutes of February 8 , 1978 be continued to the next regular Board meeting. R. Bishop seconded the motion. The motion passed unanimously. WRITTEN COMMUNICATIONS P. Lee advised the Board that four written communications had been received: 1) a letter dated February 14, 1978 from the San Mateo County Parks and Recreation Commission thanking the Board and staff for the joint meeting held on January 18, 1978; 2) a letter dated February 13 , 1978 from the City Clerk of Redwood City requesting that the Board make its agenda avail- able in time for distribution to their City Council on the Friday prior to District Board meetings; 3) A letter dated February 14, 1978 from Perusha Obluda regarding the Monte Bello Open Space Preserve Page Mill Road Area, with additional material hand-delivered to the Board: and 4) a letter and pro- posal for use of the Picchetti Ranch winery dated February 3 ,1978 from John Rakich of Cupertino. Meeting 78-5 Page two Motion: K. Duffy moved that the draft response to the Clerk of Redwood City include the offer to send minutes as well as agendas if requested. R. Bishop seconded the motion. The motion passed unanimously. Motion: K. Duffy moved that the draft response to Mr. Rakich acknowledge his letter and proposal, and advise him of the Board' s intent to have a brief discussion on planning for the Picchetti Ranch at the March 8 , 1978 Board meeting. H. Turner seconded the motion. The motion passed unanimously. Motion: R. Bishop moved that the letter from Perusha Obluda be referred to District Legal Counsel for a draft of a reply. N. Hanko seconded the motion. Amendment: R. Bishop amended the original motion to include the following: "The draft response to Mr. Obluda' s letter prepared by Legal Counsel will be presented to the Board for review prior to mailing" . N. Hanko accepted the amendment. The amended motion passed on the following vote: AYES: R. Bishop, N. Hanko, D. Wendin, K. Duffy; NO: H. Turner. N. Hanko said she did not feel the Board' s policy on "confiden- tiality" included written communications directed to the Board from the public. She advised the Board that she would write a memo explaining her interpretation of the Board policy in- volving confidential matters. H. Grench advised that the letter from P. Obluda had been re- ceived during packet preparation on Friday. He further stated that because he was leaving the office at the time he saw the letter, he was able to give it only a cursory glance and could not determine whether the writer had intended it for wide dis- tribution. He said that due to the legal nature of some ques- tions posed in the letter he made the decision to send it to District Legal Counsel and Board members only until these questions could be answered. IV. ADOPTION OF AGENDA H. Turner stated the consensus that the agenda be adopted as presented; however, if the oral communications portion was very lengthy, it might be postponed to consider agenda items. V. ORAL COMMUNICATIONS Perusha Obluda, 31570 Page Mill Road, Los Altos, referred the Board to his letter and hand-delivered materials regarding Meeting 78-5 Page three District acquisition of the former Burns-Eldridge properties and related events. He said he did not accept H. Grench's explanation of how his letter was handled by District staff. He asked that the 12 "essential questions" he had given to the Board this evening be answered immediately. He said the Board should instruct staff to answer questions, without evasion, regarding California relocation laws. He added that he felt the District had wasted the taxpayers money through delaying actions on relocation and through land negotiations which he believed began two years prior to District acquisi- tion of the land. He said that former residents were inter- ested in the portion of State relocation law regarding help- ing people to build substitute housing as a last resort. He said there were four demands he felt the Board should consider: 1) Live up to assurances made in Mr. Norton' s letter that the District would deal with the people remaining on the 150 acres according to law and the District guidelines; 2) Those people who were evicted should be reimbursed for expenses related to court appearances and the evicted family should be compensa- ted; 3) Formation of a committee made up of Board and staff and former "Land" residents to begin a dialogue; 4) Instruct staff to answer all questions openly. D. Wendin said the Board had tried to approach the problems of the land community with empathy. He said that it was im- possible to answer all questions because answering them might put into record a great deal that could potentially be used against the District in pending lawsuits. In regard to establishing a dialogue, he felt some ground rules would have to be established, but it might be difficult due to the accu- sations and insinuations that have been made against District staff and Board. S. Norton said that in reviewing many of the questions in the letter, he found them to be argumentative and not necessarily true. He said that if answering a question was not in the best legal interest of the District, he would use his judg- ment as to the extent to which the question should be answered. Mark Schneider, 1759 Woodside Road, Redwood City, said he hoped the proposed dialogue could be used as a foundation to build a relationship in which the District would continue to preserve open space and the "Land" residents and others have their rights protected. He said he would attempt to set up an initial meeting. He said he felt there was much distrust between staff and Board members. He said that for- mer Assistant General Manager, Edward Jaynes, is a credit to the Board who made an act of integrity which probably cost him something in the public view. He added that Mr. Jaynes had furnished what he felt to be much information and evi- dence of wrongdoings. He said he believed original nego- Meeting 78-5 Page four tiations for purchase of the property had wasted about $1, 000 ,000 of the taxpayers money in an attempt to avoid relocation. He suggested that the current conflict resulted from the way this acquisition had been handled and that the Board should deal with past land acquisitions before acquiring future properties. Motion: D. Wendin moved that the Oral Communications section of the meeting be tabled until the agenda item concern- ing the acquisition of the Stanford property could be discussed. K. Duffy seconded the motion. The motion passed unanimously. VI. NEW BUSINESS WITH ACTION REQUESTED A. Proposed Addition to Monte Bello open Space Preserve (Stanford Property) H. Turner relinquished the Chair to K. Duffy for the duration of discussion of this item and left the room, due to his asso- ciation with Stanford University. H. Grench introduced his report (R-78-7) to the Board dated February 14, 1978 regarding a Proposed Addition to Monte Bello Open Space Preserve (Stanford Property) . J. Olson reviewed the use and management recommendations included in the report. C. Britton presented the terms of the purchase agreement. H. Grench advised the Board that acquisition of a �-2 acre portion of the property which lies in San Mateo County is in conformance with the San Mateo County General Plan. Motion: N. Hanko moved that the Board adopt Resolution No. 78-7,a Resolution of the Board of Directors of Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Accep- tance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Nec- essary or Appropriate to Closing of the Transaction Monte Bello Open Space Preserve Addition - Stanford Property) . D. Wendin seconded the motion. The motion passed on the following vote: Ayes: R. Bishop, D. Wendin, K. Duffy and N. Hanko. Abstain: H. Turner. Motion: N. Hanko moved that the Board adopt the use and manage- ment recommendations and the name Monte Bello Open Space Preserve, Black Mountain Area, contained in the report. R. Bishop seconded the motion. The motion passed on the following vote: Ayes: R. Bishop, D. Wendin, K. Duffy, and N. Hanko. Abstain: H. Turner. The Board recessed at 9 : 05 P.M. and reconvened at 9 :15 P.M. Meeting 78-5 Page five V. ORAL COMMUNICATIONS (cont. ) Sally- Edgecomb, 21570 Page Mill Road, Los Altos asked why questions posed by Mr. Obluda and others could not be answered and why such answers could have legal ramifications for the District. S. Norton said that if the question required a factual answer and did not include matters involved in pending litigation, it could probably be answered. He said that since there is pending litigation on the general question of relocation, and it is not possible to anticipate the answer to those questions which are still under investigation. He added that the facts and the law are interpreted differently by the District and the "Land" people. H. Turner said it is the Board' s policy to be open, and when a communication is received and legal matters are not involved, the Board will respond as appropriate. He said that legal mat- ters require fact finding. He said where there is more than one point of view concerning the facts, these matters are usu- ally decided in court. He said that discussing a particular point of view regarding facts outside of court can alter the outcome of a court decision. William Obermayer, Star Route 2, Box 34119 La Honda, said he was a neighbor to the "Land" community and witnessed the bull- dozing of the structures. He expressed concern that the Dis- trict had participated in the eviction of a family from their home and the subsequent arrest of others involved. He said he felt the District is responsible for these people. He added that although the right of the people to be there was in question, no one has the right to deal with others in that manner. S. Norton noted that the police made a determination that the people evicted were trespassers. Mr. Obermayer said it was his understanding that the District paid for the bulldozers and made the determination that the house was on the Burns property. He said the map which showed the house as being on the Burns property was a map furnished by the District. He added he didn't think the people evicted were served with proper notice. Patsy Gustafson said that she would like staff and Board to explain why they were present for the bulldozing of most of the other structures on the property, but were absent when the house of the evicted family was bulldozed. Meeting 78-5 Page six N. Hanko said that she was on the property taking pictures of the structures before they were demolished. She said that she was at the top of the ridge and saw two police cars and felt apprehensive about returning to the lower portion of the property where the bulldozers were operating. Robin Wesley said that she had spoken with N. Hanko, D. Wendin and J. Olson on the evening following the eviction. She said that the three of them expressed concern that the actions surrounding the eviction had gotten out of hand and that hope- fully such an event would not occur again. She said that short- ly thereafter the evicted family moved into a bus on the Eldridge property and had their utilities turned off. She said it was her understanding that District staff had approached the individual who controlled the . water supply and told her that District in- surance would not cover equestrians from her stables on District property as long as people were living on the ridge. She said she feels no one relly felt badly about the evicted family. Marsha Fentress stated her concern was with the District' s approach to open space acquisition and how the District spends the taxpayer' s money. She said that her impression of District employees in the field was that they acted in a manner similar to cops. She felt the District should put more emphasis on innovative education and how the rangers are interacting with the people on the land. Alan Bowers asked that the Board make an effort to assist the evicted family. William Wheatley asked J. Olson why he was not present when the family was evicted. J. Olson said that on three separate occasions he or Chilton Lee had visited the evicted family and spoken with Dan Steinhagen in an attempt to explain that the house was on the Burns property. He said that on the morning of the bulldozing, they again visi- ted Dan and showed him the location of the house on the map. He added that the map used was the same map used as a court exhibit, and both Mrs. Burns and Mr. Eldridge had accepted its validity. He said that Dan did not believe him or the map so he remained in the house. J. Olson said that he was not present because he did not want to witness the eviction and the related chaos. Steve Weisner, 135 Seale, Palo Alto said that a road had been built by the bulldozers and a meadow area destroyed. Michael Kenwood, 820 Palo Alto Avenue, Palo Alto expressed con- cern over the money spent by the,District for the demolition of the structures on the site. He said that the money spent Meeting 78-5 Page seven on the acquisition of new lands, such as the Stanford property, could have been used to preserve the "Land" community or to hire someone to live there as caretakers or gradual demolition people, and would have been preferable to bulldozing. He stated that the District should change procedures for acquiring land so that the public could have more input into such decisions. Patsy Gustafson asked why the District acquired land that had structures on it that were serving a useful purpose rather than acquiring open space with no structures. H. Turner advised that the Board had recently adopted pol- icies for land with such structures, which will serve as a guideline. Craig Steinhagen said that if someone could have proven to his brother' s satisfaction that the house he lived in was on the Burns property, he would have left before the demoli- tion was to occur. Dale Oderman said he worked for the Department of the Interior on topo maps and that Dan Steinhagen had asked for his opinion as to the location of his house. J. Olson said he did not doubt the sincerity of Mr. Steinhagen in regard to his belief that the house was not on the Burns property. He said that in one discussion Mr. Steinhagen had indicated someone had told him that the section line began in Redwood City some 15 miles away. He added that a section did not have to go back 15 miles to find a survey point to extend it from. Marion O'Conner said that during the past month, District Rangers have on more than one occasion asked her and others the where- abouts of people connected with the Eldridge property. She said that she resented these questions and felt it is an invasion of privacy and represents harassment by District Rangers. She asked that the Rangers be instructed to discontinue speaking to her. M. Schneider said that in regard to the section line Mr. Stein- hagen had referred to, he recalled that the information had been supplied to him by D. Wendin at one of the District meet- ings. William Wheatly informed the Board that the land where demoli- tion had been done is eroding. J. Olson said the District had begun seeding this area to mitigate the erosion. Meeting 78-5 Page eight David McConnell said the California Division of Forestry had told him that the District had an agreement with them that when the District purchased property all buildings had to be removed. H. Turner said that there was no such agreement with CDF and the District. Rio Burns said that she felt the District staff and Board had been hypocritical in dealing with the "Land" residents. Iris Moore said that she wanted the District to admit that there had been error in dealing with the "Land" community and also that the District should change its policies regarding the manner in which the District handles errors. She expressed concern that the District would buy land and sell it in the future. S. Norton said that the enabling legislation under which the District was formed would not allow a sale of land without a vote of the people. H. Turner said that the role of the District was a balance of acquisition and stewardship of the land. M. Schneider quoted from the Government Code of the State of California, Section 54950, et. seq. , regarding the role of a public agency in implementing the wishes of the people whom they represent. N. Hanko expressed the feeling that the minutes include remarks of the public members who had spoken. H. Turner said that because every District Board meeting was taped in its entirety, absent Board members would be able to listen to the tapes and hear the Oral Communications portion of the meeting verbatim. VI. NEW BUSINESS WITH ACTION REQUESTED (cont. ) B. Progress Report on Use and Management of the Los Trancos Open Space Preserve J. Olson introduced his report (R-78-4) dated February 15, 1978 to the General Manager regarding Progress Report on Use and Man- agement of the Los Trancos Open Space Preserve. N. Hanko stated that the Board would like to see the grazing plan for the site before a decision is made to graze cattle. J. Olson referred the Board to a letter from Harry Aine to the Palo Alto City Council regarding fire protection for the Palo Alto foothills in which reference is made to grazing. He said grazing is a fire hazard mitigation measure. Meeting 78-5 Page nine Motion: N. Hanko moved that the Board approve the recommenda- tion contained in the report regarding establishment of a perimeter equestrian trail with associated direc- tional signing and stiles. R. Bishop seconded the mo- tion. The motion passed unanimously. C. Progress Report on Use and Management of Costanoan Way Open Space Preserve J. Olson introduced his report (R-78-5) dated February 16, 1978 to the General Manager regarding the Progress Report on Use and Management of the Costanoan Way Open Space Preserve. He reviewed the use and management recommendations contained in the report. He said that at this time it is recommended that all policy, improvement and management recommendations remain as included in the Use and Management Plan adopted by the Board in 1976. H. Turner expressed the consensus of the Board that the use and management recommendations for Costanoan Way Open Space Preserve continue without change. D. Addition to Policies Regarding Improvements on District Lands J. Olson referred the Board to his memorandum (M-78-34) dated February 16, 1978 to the General Manager regarding Addition to Policies Regarding Improvements on District Lands. He said that attached to the memorandum is the Policy on Improvements approved by the Board on January 11, 1978. He said the recommen- ded addition to the policy had been added under (4) Improvements as Income Sources, and dealt specifically with the leasing of improvements. N. Hanko said the Committee had determined that the use of the word "structure" had been appropriate in some cases, and the word "improvement" in others. Motion: R. Bishop moved that the Board adopt the recommended addition to the Policy on Improvements on District Lands with the following addition: "Generally the decision to lease an improvement will be made to optimize special factors related to managing District lands. . . " K. Duffy seconded the motion. The motion passed unanimously. E. ABAG Draft Environmental Management Plan A. Crosley introduced her report (R-78-6) dated February 15, 1978 to the General Manager regarding ABAG Draft Environmental Manage- ment Plan. She said that the recommendation contained in the report was that the Board authorize the President to send a let- ter to ABAG expressing the District' s support for the overall concepts set forth in the Draft Environmental Management Plan Meeting 78-5 Page ten and encouraging ABAG to continue working with local agencies to prepare a final Plan that is both effective and reasonable for those who will be affected by it. R. Mark, 720 Cowper Avenue, Palo Alto, said that the most con- troversial portion of the plan was the section that deals with land use controls. He said that land use is probably an area where the District has expertise regarding the effects of urban sprawl and perhaps the District should include a discussion re- lated to land use in the District' s commnets to ABAG. Motion: R. Bishop moved that the President of the Board be authorized to send a letter to ABAG expressing the District' s support for the overall concept of the Draft Environmental Management Plan and further ex- pressing encouragement to ABAG to continue working with local agencies to prepare a final plan that is both effective and reasonable for those who will be affected by it. K. Duffy seconded the motion. The motion passed unanimously. VII. INFORMATIONAL REPORTS A. Office Space Requirements H. Grench reminded the Board that they had requested a staff report on proposed permanent District office space to be con- sidered some time in March. He said that this project had been delayed until after the June election when the outcome of the "Jarvis-Gann" Initiative would be known. B. Open Space Conference C. Harrington told the Board that she had attended the Open Space Conference held on February 4 and sponsored by People for Open Space, Sierra Club and Peninsula Conservation Center. She said that some issues discussed at the conference were: the Open Space Lands Act, long range plannin, citizen support, and the importance of regional agencies. She suggested that the District consider some of these topics as discussion items at the Annual Goals Workshop. C. County Trails Subcommittee N. Hanko said that the trails plan formulated by the County Trails Subcommittee would be presented to the Planning Policy Committee for Santa Clara County on February 23. She said that this plan incorporates the District trail plan adopted as a pre- liminary plan for the Santa Clara County portion of the District. She said that the PPC would probably present the plan to the Board at the next regular meeting. Meeting 78-5 Page eleven D. Jarvis-Gann Initiative S. Norton said that some material had been obtained from East Bay Regional Park District regarding ramifications of the Jar- vis-Gann Initiative, which would be made available to Board members. E. Wildcat Canyon Trail J. Olson announced that the Wildcat Canyon Trail at Rancho de San Antonio Open Space Preserve had been completed. VIII. CLAIMS Motion: N. Hanko moved approval of the revised claims (C-78-4) dated February 22, 1978 , as presented. R. Bishop se- conded the motion. The motion passed unanimously. IX. EXECUTIVE SESSION H. Turner said that it was the consensus of the Board to cancel the Executive Session. X. ADJOURNMENT The meeting adjourned at 11:15 P.M. Phyllis Lee Recording Secretary