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HomeMy Public PortalAbout20090624 - Minutes - Board of Directors (BOD) Midpeninsula Regional Open Space District Meeting 09-20 SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT JUNE 24,2009 MINUTES SPECIAL MEETING I. ROLL CALL President Nonette Hanko called the Special Meeting to order at 6:30 p.m. She gave introductory comments and thanked all who were in attendance. She then asked for the Roll Call. Members Present: Nonette Hanko, Mary Davey, Larry Hassett, Cecily Harris, and Pete Siemens. Members Absent: Jed Cyr and Curt Riffle Staff Present: S. Abbors, S. Schectman, A. Ruiz, D. Sanguinetti, R. Jurgensen, A. Jatczak, M. Williams, B. Malone, E. Cuzick, A.Duong, M.Reeves, S. Sommer, L.A. Maze, N. Perez, A.Speidel, B. Hsieh, The Special meeting took place at the Community United Methodist Church Community Building, 770 Miramontes Street, Social Hall, Half Moon Bay, CA 94019. 11. ORAL COMMUNICATIONS John Meador, Half Moon Bay, said that the annexation was not welcome by a number of people. He said that the advisory election was actually a binding election and that fact had not been communicated. He said there was a discrepancy in the El Granada mailing addresses and that therefore some protests against the annexation were disqualified. He also stated that there was a virus that corrupted a PC containing petitions against the annexation and destroyed the information. He said he appreciated the Board's willingness to consider that not all residents deem the District's activities as altruistic. S. Schectman said that 1998 election known as Measure F was advisory and not binding. She added that there were three official counts of the protests to the annexation, all finding the Meeting 09-20 Page 2 protests inadequate in number so as to require an election prior to the annexation being completed. ADOPTION OF AGENDA Motion: Director Hassett moved adoption of the Agenda. Director Siemens seconded the motion. The motion passed 5 to 0. 111. ADOPTION OF CONSENT CALENDAR Motion: Director Hassett moved adoption of the Consent Calendar. Director Siemens seconded the motion. The motion passed 5 to 0. IV. BOARD BUSINESS A. Agenda Item 4—Approval of the Proposed Purchase of the Peninsula Open Space Trust (Bluebrush Canyon) Property Located at 2310 Purisima Creek Road in Unincorporated San Mateo County(San Mateo County Assessor's Parcel Number 066- 230-060) as an Addition to Purisima Creek Redwoods Open Space Preserve-, Adoption of the Preliminary Use and Management Plan; and Approval of a Categorical Exemption in Accordance with the California Environmental Quality Act—(Report R-09-78) S. Abbors introduced the acquisition reports. He thanked the audience for being present. M. Williams introduced S. Sommer and M. Reeves. S. Sommer gave a PowerPoint presentation showing slides of the property and the area for the Purisima to the Sea trail route concept. She showed where the Bluebrush Canyon property was located on a map. She described the resources on the property including 12 acres of Class 3 type prime soils, 140 acres of grazing area along ridges, scenic ridge vistas, and that the property qualified for three density credits. There are numerous water resources, including two creeks and two springs. She described the grazing area, the fishery areas and the possibility of preservation. S. Sommer reviewed the existing grazing tenant's operations. She stated the tenant is a descendent of the family who owned the property and runs seasonal operations. The plan is to have the current tenant remain and she said that the house does not need any major repairs. She reviewed the key points of the preliminary use and management plan, including that the historic uses (the grazing lease and the residential use) will remain, but the property will be closed to the public while it undergoes planning. The tenant will continue to maintain roads. District staff would manage invasive plant projects. M. Reeves reviewed the terms and conditions of the proposed purchase. He said the purchase price was supported by an independent appraisal of the property. The tenants will continue on a month-to-month District rental agreement. POST will provide an access license to the District allowing a secondary access to the upper portion of the property. Under the Coastal Protection Plan, the District will pay an annual fire services fee to the county, and it will be$1,200 the first year, increasing 2% annually. Meeting 09-20 Page 3 Director Davey asked about the septic system at the house on the property. S. Sommer said it has a leach field and septic tank and would need typical regular maintenance, but it is sufficient for the house. Director Siemens asked who was responsible for the two fish passage barriers. S. Sommer said the one on Highway I would be part of Caltrans' jurisdiction, and the one on Verde Road would be San Mateo County. Director Harris asked about the Habitat Conservation Fund Grant. She asked if staff had spoken with State Parks. S. Sommer said that staff had conveyed their intentions to State Parks. Public Comment: W. R. Cochran said he had three questions, including if there is a realistic opportunity for agriculture on the land when there is no water storage in the valley and it would need to be built elsewhere. He asked where the license access is located. He asked if local agencies lose tax funding due to this transaction or did they lose the tax money when POST purchased the property. His final question was why this purchase is occurring now. President Hanko asked M. Williams to reply. M. Williams said that the water for the prime agriculture use came from adjudicated rights. He asked S. Sommer to show a slide of the access (along the ridge-line). He said there is a fee for fire services that is an increase from what POST paid for the property. POST files for a welfare exemption and receives a partial exemption and does pay a partial tax. The District is tax exempt,but the tenants pay a possessory interest tax. M. Williams gave a brief background on the negotiations for these two properties and explained why the property purchase is occurring now. W. R. Cochran said he had a vested interest in Lobitos Creek. He said he had a registered water right on this creek and that it is his primary water supply for his property. He expressed concern about the possibility of contamination of his water source. He said that districts from the other side of the hill are viewed with skepticism. He said he has worked with Fish and Game on problems that have occurred up-stream. Director Hassett recommended that the Board and staff hear all public comment first instead of having staff answer questions after each speaker. President Hanko said she would ask staff to answer as to their preference after each speaker. Christine Beffa said her family had owned that property and sold Lobitos Ridge to POST. She said her concerns included an easement that goes through her existing property. It was farmland and over the years the brush is taking over and the grazing area is getting to be less and less. She asked what the District is going to do to maintain the property. She said that she and her neighbors have fire concerns and concerns about maintenance of the property. Star thistles are a large problem. She said she spoke with M. Williams and that he assured her there would not be public access through the easement and that there would not be public parking. Al Filice owns a parcel with creek rights and asked about assurances that his creek rights would be protected. He is concerned about parking along the roadway. He said that Cal Fire had the same concern. Meeting 09-20 Page 4 Pete Kelly, Purisima Creek Road, reiterated concerns about fire protection. He asked that the District improve the parking situation at the preserve,by extending the parking into the preserve and getting the cars off of the road. He asked about where the access roads for maintenance and service work were. He asked if the District would increase staffing to add security to the area. John Tedesco, Purisima Creek Road, stated concerns about fires in the canyon. He is an avid user of the preserve. He said that Purisima Creek Road is neglected and can be hazardous. He asked about the budget for the management of the property. He said he is fighting thistle and parsley on his property, and it is a constant battle. Sarah Filice said that parking is a huge issue. She said it is her desire that there is no parking along Purisima Creek Road. Dave Abrevaya said he would write a letter to the Board. S. Abbors said that the questions and concerns that the public raised were expected. He responded to the water questions and gave a recent example of the District working with the La Cuesta neighborhood group. He said that staff is working from the ocean to the ridgelines trying to reestablish the fisheries. He addressed the maintenance of invasive plants and brush encroachment issues. He said brush control goes along with fire control and he described the District fire management approach. He said the District has a very vigorous invasive species management program. He said that they know that parking is very limited. Dave Abrevaya noted that there was parking by the outhouses near the bridge. He suggested talking with the county planners to determine if there is wetland further down the preserve. He said it would more than double the parking area if they could increase the parking spaces. D. Sanguinetti said that he and A. Ruiz had met with Mr. Abrevaya and Mr. Kelly about their parking concerns. He gave some historic background about the area. In 1989, the District installed the formal parking lot. He said that over the years, there is increased use of the Preserve,resulting in illegal parking on the sides of the road. To close the road to parking on both sides would require county approval. He said that it does not appear to be possible to park further into the preserve. He said there was sporadic permit parking use near the restroom area by the docent and volunteer programs. He said that he would meet with the county to discuss parking along the road. He said that properties recently purchased would be posted with no public access signage. He said that acquisition of 1,200 acres of new land has been identified as an indication that a new staff position may be needed. A Williams spoke about parking along Purisima Creek Road. He said that the District would not be taking prime agriculture lands away from agriculture uses for parking. The two POST properties have prime agriculture lands on the frontage roads, so there would be no plans for parking in those areas. Meeting 09-20 Page 5 A speaker suggested that staff speak with the county about the bend in the road on Purisima so that there would not be parking on both sides of the road because it is too narrow, especially for larger vehicles. M. Williams addressed the concern about the easement on the private residential I property. Dave Abrevaya said that there did not seem to be a clear plan in place for the purchase of the four properties. He said it seemed like they were sidestepping issues and that they should do the planning ahead of time to address potential problems. M. Williams said that the property would be closed to the public. The current grazing tenant will continue. He said that there would be a public process with opportunity for community input prior to inviting the public onto the properties. Christine Beffa asked about temporary parking on the side of the trailhead rather than allowing everyday parking. D. Sanguinetti said that there would be substantial improvements needed before the general public is allowed to park in that area. He said that the volunteers are considered part of District staff, and they are only given day permits. He said that the county would not approve permits to enlarge the parking area. A speaker said that he thought there is a solution to adding additional parking and that District staff should look into the possibility. S. Abbors said that he understood the concerns and said that they would approach San Mateo County again about this issue. Director Siemens asked about the waterfall and if it was artificial which E. Cuzick answered to his satisfaction. Mr. Cochran spoke about issues in adjoining properties that should be mitigated that the whole area would benefit from. S. Sommer said that the staff report is referring to a natural waterfall feature at Purisima Creek. Director Siemens commented on the parking issue and how the Board and staff have looked into ways to have more parking. He said that they are constantly on the look out for potential parking sites in the area to relieve the on-road parking. Director Hassett said he supported the concept of creating better parking solutions on Purisima Creek. He said that the District is purchasing property from POST and can better manage the land. He said the District is a far better land manager with management plans for invasive plants, fire and grazing. Director Davey thanked the public for attending the meeting and their participation and suggestions. President Hanko asked for clarification of what happens next in the process of purchasing the property. S. Abbors said it is the District's task to deliver. He said that staff would stay in contact with this meeting's attendees with plans for the property. He said that the District staff attends the monthly meetings of the Farm Bureau and Agricultural Advisory Committee. He said that staff will review all of the concerns they have heard and then will let people know what is going to happen. i Meeting 09-20 Page 6 A speaker asked about access to ride horses on the property. M. Williams said that the District does this on a case-by-case basis and they would consider a neighbor permit. Director Siemens commented that the District is less than 40 years old and is not static. He said the District learns by doing and is very dynamic. He said the District is not the typical public agency and that it responds to the public comments it receives. Motion: Director Davey moved approval to determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in the report; adopt Resolution No. 09-19 authorizing the purchase of the Peninsula Open Space Trust property and approving the related Assignment of Lease; adopt the Preliminary Use and Management Plan contained in the report; designate the property as an addition to Purisima Creek Redwoods Open Space Preserve; and withhold dedication of the property as public open space at this time. Director Hassett seconded the motion. The motion passed 5 to 0. President Hanko called for a recess. At 8:45p.m., the meeting reconvened. B. Agenda Item 5 -Approval of the Proposed Purchase of the Peninsula Open Space Trust (Roberts) Property as an Addition to Mills Creek Open Space Preserve Located at the End of Miramontes Street in Unincorporated San Mateo County(San Mateo Count Assessor's Parcel Number 064-390-020); Adoption of the Preliminary Use and Management Plan, and Approval of a Categorical Exemption in Accordance with the California Environmental Quality Act—(Report R-09-76) S. Sommer presented the staff report and showed a map and pictures of the property area. She said the land is too steep for agricultural use. She reviewed the preliminary use and management plan outlined in the report. M. Williams reviewed the terms and conditions for the purchase of the property. He said that they were purchasing the property at a discount from POST and that the discount was appreciated. There is an assignment of a shed lease that expires in 2010 with two possible extensions. There isa fire service fee of$400 annually, increasing 2% annually. Director Hassett asked for clarification about the road and gate locations. M. Williams replied and showed a map providing clearer information. He said an easement came with this property and the road will be used for maintenance and patrol use only. President Hanko asked how the public would have access to this property. M. Williams said that there are two opportunities per year for the public to access the property via docent led hikes. He said staff has spoken with Burleigh Murray State Parks about possible loop trail opportunities. S. Sommer added more information regarding public access,but that was in preliminary planning stages. M. Williams said that Miramontes Road is even narrower than Purisima Creek Road, so it does not lend itself to possible public parking. Director Hassett asked about keeping the on-site part of the road in good condition and how the District would go about sharing the costs. M. Williams said that the District does have a road policy and it is based on(1) the proportional use of the road and(2) the existing standard of the road. D. Sanguinetti followed up on M. Williams' comment. Meeting 09-20 Page 7 Director Siemens asked about the access easement to the ranch next door. M. Williams said that one access was an easement when the Miramontes Ridge property was purchased. He said the other access easement is the one the District uses for docent led hikes. Director Harris commented on a docent led hike she attended in that area. Public Comment: Mr. Meador said he had a number of questions and comments. He said that Half Moon Bay annexed the houses on Miramonte Street, but not the street itself. He said 5 to 10 m.p.h. is an appropriate speed limit. He asked who owned the road. M. Williams said that he did not know, but typically homeowners owned up to the middle of the road. Mr. Meador asked for the access to be highlighted and M. Williams provided the information. Mr. Meador asked where parking would be. S. Sommer said that the parking has not been developed yet and will need to be worked out. I President Hanko asked about the potential trail connection between Burleigh Murray Park and Mills Creek. M. Williams said the best option or possibility is from the public parking lot at Burleigh Murray Park up along Higgins Canyon Road. They do not currently connect, but there is historical evidence that there were trail connections in the area. Mr. Meador asked where a previous fire had occurred. Staff said it was located near Half Moon Bay. Mr. Meador asked about what was meant b the phrase, " Y ase "strategically Y p � 1� Y located property closes a gap in protected public lands. He said there is no a being P P gap S bridged by this purchase, and he said he did not see it as a strategic acquisition other than the road. He asked if the District was capable of building g roads. He said it is the � dutyof the Roberts property owner to maintain the easement and h i p p y e said he did not see I any language stating it becomes the District's responsibility. M. Williams gave further information about the road and showed the route and access e s point. D. Sanguinetti said that the area is accessed in very dry months. Mr. Meador asked if an easement could be deemed waived if conditions change. S. Schectman gave brief examples. She said that the law places strict restrictions over an easement owner and this easement is a binding legal document. President Hanko thanked Mr. Meador for his comments and asked him to keep in touch. Motion: President Hanko moved to determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA as set out in the report; adopt Resolution No. 09-20 authorizing purchase of the Peninsula Open Space Trust(Roberts) property; adopt the Preliminary Use and Management Plan contained in this report, and name the purchased property as an addition to Mills Creek Open Space Preserve; and indicate the intention to dedicate the property as public open space. Director Davey seconded the motion. The motion passed 5 to 0. IV. INFORMATIONAL REPORTS Committee Resorts I Meeting 09-20 Page 8 Sierra Azul Ad Hoc Committee: Director Siemens said the committee was reactivated and staff brought the committee up to date. Legislative, Funding and Public Affairs Committee:Director Siemens said that the POST Council Circle was discussed. The committee will make a recommendation to the Board to approve the project. Real Property Committee: M. Davey said they looked at plans of a slight change where communication towers would be relocated on Black Mountain. Members of GGNRA and C&C were present. The committee will make a recommendation to the Board at the next Board meeting. Board Appointee Evaluation Committee: President Hanko said the committee had met over lunch with the Board appointees. She said the committee will make recommendations for the full Board to approve. Staff Reports D. Sanguinetti said that C. Koopman is developing a request to go to contract for a key project. He said the public users at Pulgas Ridge are contacting the District regarding dog waste. He said there was a garbage can managed by a volunteer,but that individual no longer wants to take on that responsibility. Staff is working on posting information on the website to educate the public on packing out waste. in a Secretary pro tem re. President H said A. Jatczak asked President Hanko to appoint e ary p po s ent Hanko that she appoints Director Hassett. I Board Reports Director Harris attended a team trail patrol at Pulgas Ridge. There was a table set up with brochures and water for the dogs and their owners. Director Hassett used his emergency contact card today. He called R. Jurgensen about a news report he heard that incorrectly mentioned the District. He said the R. Jurgensen took care of the problem. Director Siemens said he has heard from an acquaintance that is an EMT who said that District's rangers were very professional to work with. Director Davey said she did not have anything to report. Director Hanko reminded the Board about the Resolution event on Saturday. She suggested that future letters to politicians mention that the District is a non-enterprise agency and does not collect a park entrance fee. IIV. AwouRNMENT I At 9:30 pm, President Hanko adjourned the Special meeting of the Board of Directors of the Midpeninsula Regional Open Space District. Lisa Zadek, Recording Secretary