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.