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HomeMy Public PortalAbout19840125 - Minutes - Board of Directors (BOD) MIDPENINSUIA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 REGULAR MEETING Board of Directors January 25, 1984 MINUTES I . ROLL CALL President Daniel Wendin called the meeting to order at 7 :39 P.M. Members Present: Daniel Wendin, Harry Turner, Katherine Duffy, Richard Bishop, Teena Henshaw, Nonette Hanko, and Edward Shelley. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Charlotte MacDonald, Jean Fiddes, Del Woods, Mary Gundert, Michael Foster, Stanley Norton, Cecilia Cyrier, and Joan Combs . II . APPROVAL OF MINUTES January 11, 1984 Motion: E. Shelley moved the approval of the minutes of January 11, 1984 . R. Bishop seconded the motion. The motion passed unanimouslv. III . WRITTEN COMMUNICATIONS J. Combs stated the following communications had been received: 1) a letter from Thomas Kavanaugh, 1726 Spring Street, Mountain View, and Clarence Kavanaugh, 220 Park Lane, Atherton, dated January 13, 1984, requesting that starting each meeting with the Pledge of Allegiance be considered as an agenda item. Motion: R. Bishop moved the question of reciting the Pledge of Allegiance be placed on the next agenda. H. Turner seconded the motion . The motion was tabled by Board consensus . 2) a letter from Thomas and Clarence Kavanaugh, dated January 13 , 1984, enclosing a copy of their letter to the General Services Admini- stration objecting to the sale of Mt. Umunhum. She noted a draft resnonse to this letter had been prepared by District staff for Board consideration. Motion: R. Bishop moved the draft response by staff be sent to those listed on the letter, as well as a copy to the Kavanaughs . H. Turner seconded the motion. The motion passed unanimously. The tabled motion concerning the recitation of the Pledge of Allegiance passed unanimously. D. Wendin requested staff canvas other agencies concerning their inclusion of the Pledge of Allegiance at public meetings . T. Henshaw volunteered to do some work on this item also. V. ORAL COMMUNICATIONS There were no oral communications . VI . ADOPTION OF AGE14DA D. Wendin stated the agenda was adopted by Board consensus. VII . OLD BUSINESS WITH ACTION REQUESTED A. Adoption of Interim Use and Management Plan for the Lona Ridge Open Space Preserve (Chesebrough Property) D. Hansen reviewed memorandum M-84-09, dated January 18, 1984, noting Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Barbara Green,Nonette G.Hanko,Richard S.Bishop,Edward G.Shelley,Harry A.Turner.Daniel G.Wendin Meeting 84-02 Page two that staff had received no public comment concerning the use and management plan for the Long Ridge Preserve. Motion: H. Turner moved the adoption of the interim use and management plan and dedication of the property as public open space. R. Bishop seconded the motion. Discussion: In response to a question from K. Duffy, D. Hansen said signing work on the Preserve had begun. The motion passed unanimously. B. Electrification Contract for Residence on Long Ridge Open Space Preserve (memoranda M-84-08 and 08B of January 18 and 23 , 1984) C. Britton stated the District will readvertise the project, as no bids were received. VIII . NEW BUSINESS WITH ACTION REQUESTED A. Determination of Public Necessity - Proposed Addition to Coal Creek Open Space Preserve (Hybl Property) H. Grench introduced report R-84-05 , dated January 17 , 1984 , noting D. Hansen would discuss resources of the site and trail connections and C. Britton would discuss acquisition aspects of the proposed purchase. D. Hansen showed the proposed acquisition on the wall map, noting it was a vital connection between two major portions of the Coal Creek Open Space Preserve and that staff felt that the property was an integral natural part of the Preserve, with fairly level areas on the upper portion of the property similar to the level areas of the Preserve. He said staff also considered the property vital in terms of trail connections and pointed out that Crazy Pete ' s Road connects the two existing portions of the Preserve. D. Hansen showed slides of the property, noting that approximately 22 acres of hardwood trees in the center of the property have been cleared from the site. He said the site had excellent views of the valley below and of the Bay Area. In response to a question from N. Hanko regarding the clearing of wood from the site, D. Hansen said it was staff ' s understanding that the tree clearing was in violation of Chapter 8 of San Mateo County's Excavating, Grading, Filling and Grading Regulations . He said staff estimated that approximately 100 cords of wood had been removed from the site, including mature oaks and madrone. C. Britton reviewed the terms portion of the report and gave a synopsis of the history of the property. He said when the District became a party to the lawsuit between Mr. Hybl and Lynda Rose, staff became concerned about these two aspects of the lawsuit: the abatement of a restrictive covenant created at the time Mr. Hybl purchased the property and the relocation of Crazy Pete' s Road as it passed through the Hybl property. He said the District felt the relocation of the road right-of-way would not be helpful to the District, as it would make trail access more difficult, since the new location had a steeper grade and badly eroding soils . He said the restrictive covenant eliminated development from an area which the District felt would be desirable not to have improvements on from an open space standpoint. C. Britton stated the District had had the property appraised and made a written offer based on that appraisal . He said the offer had been rejected by the Hybls, and that the Resolution of Public Necessity was a last resort to obtain the property. Meeting 84-02 Page three C. Britton said staff felt the property was crucial for the completion of the Coal Creek Preserve, adding that filing a Resolution of Public Necessity does not mean that District staff will not continue to negotiate, and in fact, staff hoped for a negotiated settlement. He said a public hearing is required as part of the eminent domain process . D. Wendin opened the Public Hearing at 8 : 00 P .M. Stuart Auchincloss, attorney for Joseph Hybl, the owner of the property, asked the Board to consider a more cooperative approach in working with the owner to achieve the goals of both the owner and the District. Mr. Auchincloss, referring to the staff report, said there had been a good deal of talk about the relocation of Crazy Pete 's Road, and said when the District acquired this portion of the Coal Creek Preserve from the former owners, the District was subject to an agreement which the former owners had signed with the Hybls before the District acquired the property. He said this agreement, concerning the re- location of Crazy Pete ' s Road, was one of the conditions of the Hybl ' s purchase of the property. He said the District does not need to own the entire 15 acres in order to have a trail link, and that he felt the District could deal with Mr. Hybl in a cooperative sort of way to accomplish the kind of trail link the District wants . He stated the District, in the same spirit of cooperation, could work with Mr. Hybl on the location of his house and on the appearance of the house and surrounding landscaping. Mr. Auchincloss said he felt it would be a profligate use of public money if the only reason for denying Mr. Hybl the right to build a house in that location was for a view a couple of miles away. He said that, under the condemnation law, it is the District 's duty to come up with a project which has the greatest public good for the least public harm. Mr. Auchincloss said the Hybls have a signed agreement from the District ' s predecessor of interest saying that Mr. Hybl can relocate the road along the property line; the District has said it does not want to do that. He added there should be a way to obtain the kind of access the District wants short of the drastic step of confiscating Mr. Hybl 's property. He said that the property in question is not in the Skyline Scenic Corridor, and is not pristine, as it adjoins land which is already built upon. He requested that the Board not pass the Resolution of Public Necessity, but direct staff to work in a creative and cooperative way with Mr. Hybl to try to achieve the District ' s goals and the Hybl 's goals at the same time. S. Norton said that the District had tried to negotiate for five months in order to avoid the use of eminent domain. He said the Hybls had declined to get an appraisal in order to settle amicably and noted that passage of the Resolution of Public Necessity does not preclude further discussion or further efforts to resolve the matter. C. Britton said the existing agreement on the relocation of the road was not a recorded agreement and stated the District was not aware of the agreement at the time the District purchased the adjoining Coal Creek property. William Obermeyer, Portola Heights, said keeping land in the private sector does not necessarily mean it is unavailable for public use. K. Duffy noted several parts of the Coal Creek Open Space Preserve have been withheld from dedication for a possible trade and asked if a trade was ever considered. C. Britton said no possibilities for trade had been suggested except the former Bean house. H. Grench noted the concept of trade in helping Mr. Hybl find an alternate site Meeting 84-02 Page four was something that could definitely be pursued if Mr. Hybl were interested in pursuing it. Charles Touchatt, Long Ridge Road, asked if the possibility of a trail easement had been discussed with the Hybls and said he did not feel the 15 acre parcel was so vital as to require the use of eminent domain. D. Wendin closed the Public Hearing at 8:25 P.M. E. Shelley asked if Mr. Hybl was willing to consider an alternate location. C. Britton said there was really no alternate location for the house, as most of the property is steep and heavily wooded. In response to a question from E. Shelley, C. Britton said almost any trail would have to pass close to the homesite, as the property drops off very steeply. C. Britton said he felt it would be an intrusion to have a trail easement close to the house. Mr. Auchincloss, commenting on the current lawsuit vs. Lynda Rose and Judy Basich, who sold the land to Mr. Hybl, said the lawsuit involves the improvement of Crazy Pete's Road. He said that at the time the Hybls bought the property, the sellers agreed to improve the road to County standards for approximately 500 feet from Skyline Boulevard and had failed to do so. He said the second cause of the legal action has to do with a deed restriction restricting use of a certain area of the property. He said there are several reasons why the restriction is invalid and the court is being asked to declare the restriction invalid and to terminate or clarify it. He said the third cause concerns the relocation of the road on the Hybl property. K. Duffy said she was in favor of acquiring the property, adding that she hoped negotiations would continue. R. Bishop said Crazy Pete's Road would be very advantageous for the public to use. He said he felt it was unfortunate that the original natural routing of the road, which followed the natural terrain, would be blocked off by a residence. He said rerouting the road to the south would not be feasible because of the steepness of the terrain, and stated he felt discussions and negotiations with Mr. Hybl should continue to see if any solution can be worked out. R. Bishop said the property was an important link. He said he felt condemnation should not be used except on land which has some very special and important value to the District and that the location of this land qualified it for eminent domain proceedings, but added he felt negotiations should continue in an effort to settle in an amicable way. Mr. Auchincloss said it was his understanding that the Resolution of Public Necessity would give the District immediate possession of the property, which he said he felt would effectively cut off any negoti- ations that had to do with cooperation. He requested that the necessity to take immediate possession of the property be deleted from the Resolution. H. Grench said the power of immediate possession is something that is rarely used, and that, in this case, it is in the Resolution because of the extensive vegetation and tree removal that had already been done on the property. He said it was extremely important that that activity be stopped. He said the Resolution gives staff and the District's attorney the power to exercise immediate possession, and said there was a chance with negotiations that it might not be necessary. Page five C. Britton said that in order to take immediate possession, the District is required to deposit the amount of the appraised value with the court, which is then available to the owner of the property. Mr. Auchincloss said he felt that creative negotiations were precluded by the deposit of the money with the court. D. Wendin said he reluctantly support the use of eminent domain because the power of eminent domain is awesome, but said he felt this was an appropriate case for it. He said some compromises might be available that had not yet been explored. H. Turner said he felt the property was very qualifiable for the District's exercise of its power of eminent domain. He said he supported the Resolution, but also supported the idea that creativity and good will may create something. He said he supported immediate possession, but hoped staff would focus on its declared purpose of its concern for firewood removal and grading as its primary purpose. He said if staff were satisfied that those offenses will cease, then he would encourage the District not to take immediate possession. Mr. Auchincloss said Mr. Hybl would be leaving the country shortly for an extended absence, and asked if the Board would instruct staff to let Mr. Hybl leave the status quo as it is as regards Mr. Hybl ' s non-destructive use of the property until the trial date of April 30, 1984 . N. Hanko asked if there would be any difficulty in allowing the vehicles on the property to remain for three months . C . Britton said there might be a liability problem for the District if the vehicles were allowed to remain. R. Bishop said he thought it would be possible to cover that problem with an agreement under which the District would not be responsible for the safety of the property. He said he would like to see staff explore ways of accommodating Mr. Hybl without jeopardizing the District's rights . Motion: K. Duffy moved the Board adopt Resolution 84-2, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District, Finding and Determining That the Public Interest and Necessity Require the Acquisition of Certain Properties for Public Use, To Wit, for Public Park, Recreation and Open Space Purposes, Describing the Properties Necessary Therefore and Authorizing and Directing Its Retained Legal Counsel to Do Everything Necessary to Acquire All Interests Therein (Coal Creek Open Space Preserve - Hybl Property) . R. Bishop seconded the motion. Discussion: D. Wendin noted the resolution contained a provision for immediate possession of the property, and that the firm of Rogers, Vizzard & Tallett was authorized to obtain an order for immediate possession to prevent development and/or destruction of the property. The motion passed unanimously. Meeting 84-2 Page six B. Whittemore Gulch Redwoods Open Space Preserve Use and Management Plan D. Hansen introduced report R-84-04 , dated January 18, 1984, noting the property was becoming quite popular due to the high level of publicity it has received and because access and parking have been improved. D. Woods showed slides of the property. N. Hanko suggested horse patrol of the Preserve be considered rather than upgrading the roads mentioned in the report for vehicle patrol . H. Grench stated that staff has been looking into the possibility of horseback patrol and it may be feasible in the future, but that it is too costly and inefficient at the present time. Discussion centered on the maintenance of the roads and the possibility of equestrian patrol . Motion : R. Bishop moved the tentative adoption of the use and manage- ment plan for the Whittemore Gulch Redwoods Open Space Preserve. E. Shelley seconded the motion. The motion passed unanimously. C . 1984 Appointments to Board Committees H. Turner distributed copies of a January 25, 1984 memorandum he had prepared concerning the formation of a Land Management Budget Guide- line Committee. Discussion centered on whether a separate comir.ittee, rather than the Budget Committee, should be formed, whether the Committee could accomplish its work before budget preparation begins, current budget guidelines, and the Committee 's charge. D. Wendin stated it was the Board ' s consensus that the Charter to the proposed Land Management Budget Guideline Committee, as stated in H. Turner 's memorandum, should be assigned to the Budget Committee. Discussion centered on the issue of public notification of committee meetings . S. Norton explained the different noticing procedures for standing and ad hoc committees of the Board. D. Wendin suggested a consensus statement on committee meeting notifi- cation policy, stating that only standing committee meetings need be noticed meetings; other committee meetings need be noticed only by specific action of the Board. The Board concurred with his statement. D. Wendin, with the Board ' s concurrence, made the following committee appointments: Budget : T. Henshaw, E. Shelley, and H. Turner Legislative: R. Bishop, K. Duffy, and T. Henshaw Ad Hoc Committees Dog: R. Bishop and N. Hanko Office Space: E. Shelley, D. Wendin, and K. Duffy Public Transportation: N. Hanko and T. Henshaw Rancho San Antonio Upper House: E. Shelley and D. Wendin "k- Motion: D. Wendin moved the Board disband the Vacancy Application Review Committee. R. Bishop seconded the motion. The motion passed unanimously. Motion: E. Shelley moved the Board disband the Hassler/Arts Council Liaison Committee. R. Bishop seconded the motion. The motion passed unanimously. D. Wendin stated, after conferring with R. Bishop, he felt the Board should disband the San Mateo County/Hassler Liaison Committee since the Board had voted to remove the buildings and restore the site to its natural condition. ,IK d_4(_C --b ) - Meeting 84-02 Page seven Motion: H. Turner moved the Board disband the San Mateo County/Hassler Liaison Committee. E. Shelley seconded the motion. The motion passed unanimously. D. Wendin appointed R. Bishop, T. Henshaw, and N. Hanko to the Skyline Ridge Open Space Preserve Proposal Evaluation Committee. D. Truck Radio Purchase D. Hansen introduced memorandum M-84-10, dated January 18 ; 1984, and reviewed bids received on the mobile radio system. Motion: H. Turner moved to authorize the General Manager to award the mobile radio contract, including provision of schematic drawings, to Communications Research as the lowest responsible bidder for the amount of $6770 .37 . K. Duffy seconded the motion. The motion passed unanimously. E. Renewal of Investment Authority M. Foster introduced memorandum M-84-06, dated January 9, 1984 , regarding authority for the investment of temporarily idle District funds . Motion: R. Bishop moved adoption of Resolution 84-3 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Certain Board Employees to Invest Temporarily Idle Funds in Securities Allowed by Government Code . H. Turner seconded the motion. The motion passed unanimously. F. Revision of Authorized Signatories for District Accounts and Safe Deposit Boxes J. Fiddes presented memorandum M-84-04 , dated January 12 , 1984 . Motion: H. Turner moved adoption of Resolution 84-4, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Financial Instrument Signatories of the District for Santa Clara County Accounts . R. Bishop seconded the motion. The motion passed unanimously. Motion: H. Turner moved adoption of Resolution 84-5, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving Certificate of Authority of Officers (First Interstate Bank of California) . R. Bishop seconded the motion. The motion passed unanimously. Motion: H. Turner moved adoption of Resolution 84-6 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Signing and Endorsing Checks and Other Instruments for Savings Account (First Interstate Bank of California - Los Altos) . R. Bishop seconded the motion. The motion passed unanimously. Motion: H. Turner moved adoption of Resolution 84-7 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Endorsing Checks and Other Instruments for Checking Account (First Interstate Bank of California - Los Altos) . R. Bishop seconded the motion. The motion passed unanimously. Motion: H. Turner moved adoption of Resolution 84-8, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Signatories for Entering Safe Deposit Boxes (First Interstate Bank of California - Los Altos) . R. Bishop seconded the motion. The motion passed unanimously. Page eight IX. INFORMATIONAL REPk 3 T. Henshaw said she had been scheduled to attend the Special District Board Management Institute in Santa Barbara, but was unable to attend, and wished instead to attend the CPRS Conference in San Diego the first weekend in March. Motion: E. Shelley moved the Board authorize T. Henshaw to expend travel and associated costs to attend the CPRS Conference in San Diego. H. Turner seconded the motion. The motion passed unanimously. H. Turner said he had attended the Whole Access Project Seminar. D. Hansen reported seven firms had been selected to submit proposals for the Skyline Ridge Open Space Preserve master plan. He displayed the Windy Hill brochure prepared by District staff which has been submitted for a California Parks and Recreation Society award. K. Duffy encouraged Board members to attend the February 24 reception at the California History Center, featuring displays and information about the District. X. CLAIMS Motion: D. Wendin moved approval of the revised claims 84-2 of January 25 , 1984 . E. Shelley seconded the motion. The motion passed unanimously. XI . CLOSED SESSION The Board adjourned to Closed Session to discuss land negotiation and litigation matters at 10 : 45 P.M. XII . ADJOURNMENT The Board reconvened to adjourn at 11 : 16 P .M. Joan Combs Secretary CORRECTIONS TO THE MINUTES OF APPROVAL OF MINUTES A. January 25, 1984 N. Hanko stated the minutes should be corrected to include her appointment to the Rancho San Antonio Upper House Committee (Page Six, Section C, 1984 Appointments to Board Committees). Motion: R. Bishop moved the approval of the minutes of January 25, 1984 with the correction of adding N. Hanko to the Rancho San Antonio Open Space Preserve Upper House Proposal Evaluation Committee. H. Turner seconded the motion. The motion passed unanimously.