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HomeMy Public PortalAbout19850330 - Minutes - Board of Directors (BOD) 85-07 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1, LOS ALTOS,CALIFORNIA 94022 (415)965-4717 SPECIAL MEETING BOARD OF DIRECTORS March 30 , 1985 WORKSHOP MINUTES Robert Fisse - Said that the District should buy land from willing sellers only and that it should never use or imply the "threat" of condemnation on land negotiations. Said eminent domain should never be used on improved properties , never after the start of building or subdivision procedures , never on a portion of a person' s property, and never to obtain easements. June Janis - Said there should be a binding contract between the Board and property owners stating that eminent domain would never be used. James Warren - Suggested that information be gathered from other agencies regarding eminent domain policies. Janet Schwind - Speaking in behalf of the South Skyline Association, said eminent domain should not be used at all. Said individuals had been told when the District was formed that eminent domain would not be used and now they felt deceived. Said that the District should change its approach and redefine its attitude. Said that the Board should force staff to cooperate with land owners and that the County should be used in an eminent domain appeal process. H. Turner - Said he was repelled by the coercive aspects of eminent domain and that alternate methods for land acquisition should be explored. Said that he would be willing to forswear use of eminent domain and that the District should not remove people from the land on which they are living. Ati idxJ 4o D. Wendin - Said that eminent domain should not be used on owner occupied dwelling units and added that the use of eminent domain should not be eliminated completely. Said the Board needed to figure out where to draw the line , noting categories to be con- sidered were: (1) owner occupied; (2) occupied, not by owner; (3) building plans submitted; (4) subdivision plans submitted; (5) raw land, no plan submitted. E. Shelley - Stated that the Board needed a well stated policy on the use of eminent domain. Said it should not be used on owner occupied properties. R. Bishop - Said it was necessary to look at the District's objec- tives to create a permanent greenbelt for future generations , noting that conflicts could arise with property owners. Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin 85-07 Page two Sharon Fogarty Bloomenthal - Requested the question of condemnation of part of a person' s land be addressed. Lennie Roberts - Said use of eminent domain not unique to MROSD, and that District might want to consider using it in some cases where land is under subdivision. Artemas Ginzton - Discussed her opposition to use of eminent domain. Said Stevens Creek connection involved willing sellers , not eminent domain. Jxt a_t;z'`�.-�. - Carol Doose - Said "only" situations regarding when eminent domain might be used creates other problems , noting it may cause people to develop their property. Said MROSD needed an active community outreach program and that the threatening actions concerning eminent domain from District caused alienation. James Warren - Said he wanted a permanent , binding policy (either a contract with property owners; legislative action; or permanent restraints) . Said the Board should state when eminent domain would be used and when eminent domain would not be used. Richard Bullis - Discussed the interaction and conversations he had had with staff regarding Russian Ridge Ranch. K. Duffy - Said it was necessary for MROSD to have power of eminent domain in order not to be "held for ransom" over the cost of a piece of property. She said public money was involved and that there are exact and precise procedures regarding the use of eminent domain. Said some guidelines are needed regarding use: (1) no threat or coersion from staff; (2) no trespassing; (3) seek other courses first. N. Hanko - Said her ideas were expressed in her letter to the Board; discussed long-term guarantees to owners beyond current Board; and said an outreach program was needed. William Obermayer - Said there should be a 7-0 vote to use eminent domain and that the matter should also go before the Board of Supervisors. A"el" _ "A* aze.,Z'-p. Robert McKim- Said long-term effect of use of eminent domain on fair market value was a negative effect. David Leeson - Said that by using eminent domain, MROSD can't expect positive attitudes regarding the District from the public . Said private open space important, as well as commercial open space. Said a checks and balances system was necessary with respect to the use of eminent domain. Betsy Crowder - Said some people less than honest in the use of land, for example, land speculators . Said the idea of how eminent domain relates to fair market value should be explored. Alan Hoskings - Said a small number of acres have been acquired by MROSD using eminent domain and noted "friendly" condemnations must be considered. 85-07 Page three C. Britton - Said in eminent domain procedures , a jury decides fair market value; he discussed the tax advantages of eminent domain and "friendly" condemnations. He said the Board exercises resolu- tion of public necessity, not the staff. E. Shelley - Questioned whether current Board could bind future Boards legally and asked staff to address condemnations of part of properties. R. Bishop - Said eminent domain might be used when there was a willing seller, but the property involved was over-valued. Charles Touchatt - Said whatever anyone willing to pay for a piece of property should determine fair market value. Said appraisals could e manipulated. Robert Schwind - Said no middle ground on this gut issue and that the threat of eminent domain impacts individuals ' well-being. Said use of eminent domain destroying MROSD and called for the replacement of District staff members if Board really wanted to change course. Supervisor Tom Nolan - Said various San Mateo County agencies involved in land preservation should meet and discuss their plans. d,a_,u J4vm_) ( 4- a-elm -.,40- Questioned how much land MROSD needed and called for input from residents in the Skyline area. Mrs. Steers - Said she was opposed to use of eminent domain whether land developed or not. George Norton - Said MROSDIs use of eminent domain struck terror in the hearts of Skyline residents. Said it should not be used on owner-occupied land. Said other situations exist where the use of eminent domain is appropriate. Purusha Obluda - Urged MROSD representatives to meet with groups of people. Expressed concern regarding whether legal requirements of eminent domain law have been met. C . Britton explained the requirements of the law and said they had been met in each case. Dr. Fogarty - Discussed condemnation for public necessity vs . condem- nation for recreational pursuits. Asked whether Board members felt they were working on everyone' s behalf and whether MROSD policed developments. H. Grench - Discussed the Board' s notification policy for eminent domain proceedings. N. Hanko - Said she felt additional notification procedures needed to be addressed by the Board. H. Turner - Said MROSD does not police all developments , noting if a development was in conflict with MROSD goals then the District would get involved. He said Directors are elected representatives and that he felt public support exists for what the District is doing. 85-07 Page four David Bomberg - Said MROSD should do whatever it can to preserve the undeveloped greenbelt; noting eminent domain may be needed to acquire some parcels. Robert Fisse - Said the Board should consider "family" aspects of land and that a non-owner occupied situation may be due to the owner's temporary move out of the area. Said the District was timeless and that land could be purchased when available. Said MROSD uses eminent domain without foresight. Said MROSD should be proactive in land acquisition only within District boundaries. James Warren - Asked if a Board member would be willing to trade his or her home with person whose home is condemned. Said renters are people too. Said the Board should not leave any statement drafting to staff alone. Said there should be a check and balance system with another agency and not hearing before a Board "who want to get that land" when eminent domain concerned. Richard Bullis - Discussed report by Mr. Peters of a recent meeting between C. Britton and Colin Peters regarding Russian Ridge Ranch, noting he felt staff' s actions were inappropriate. Noted he wanted to be present when any District representative was on Russian Ridge Ranch. C. Britton recounted what had transpired in his recent meeting with Mr. Peters. David Leeson - Discussed the value of a person' s property, noting value was not only measured in dollars. Said people in the Mt. Umunhum area were concerned about the District ' s actions. Discussed use and safety of District lands , said they were dangerous to use since unsupervised. Said meetings were essential to building trust and that eminent domain should not be used. .4" 0-4tkI June Janis - Discussed the interpersonal utility concept and the anguish of land owners with respect to the use of eminent domain. Said no government agency should use eminent domain. H. Turner - Said the Board should exclude eminent domain where personal residences involved and noted a Board committee should be appointed to draft an eminent domain policy. E. Shelley - Said he felt a Board committee should draft policy representing all Board members ' opinions. He said the Committee should summarize input and recommend a draft policy which should be disseminated in advance. The Board agreed to place a workshop follow-up item on the agenda for the April 10 Regular Meeting. Written Comments Received During Meeting: Anthony Such - Said he opposes use of eminent domain by MROSD in any form; if MROSD does not forswear use of eminent domain, should be an appeal process involving an appeal board made up of owners who may be subjected to use of eminent domain. No annexation of properties without 100% consent of owners involved. Stbil Plank - Said hewantsa permanent no-condemnation policy. Asked that the question of partial condemnation be addressed. Jean H. Fiddes , District Clerk Cecilia A. Cyrier, Secretary CORRECTION TO THE MINUTES OF MARCH 30 , 1985 C) March 30 , 1985 Motion: E. Shelley moved that the Board approve the minutes of the Special Workshop Meeting held on March 30, 1985 . R. Bishop seconded the motion. Discussion : N. Hanko stated that the seventh speaker on page 3 noted as unidentified was Candace Stone, 22500 Skyline Boulevard, La Honda:. ­ J. Sutter asked that each Board member provide a written statement as N. Hanko had done and that these be included in the minutes . T. Henshaw agreed to the request. The motion to approve the amended minutes passed 6 to 0 . The following corrections were made to the Workshop Minutes of March 30 , 1985: Page 1 : H. Turner - Said he was repelled by the coercive aspects of eminent domain and that alternate methods for land acquisition should be explored. Said that he would be willing to consider foreswearing use of eminent domain and that the District should not remove people from the land on which they are living. Page 2: Artemas Ginzton - Discussed her opposition to use of eminent domain. Said Stevens Creek connection involved willing owners who were willing to grant trail easements , not eminent domain. Page 2: William Obermayer - Said he didn' t think there should be any condem- nation at all but if Board felt it was necessary to have specific piece of land there should be a unanimous vote of Board of Directors and Board of Supervisors in area where property is located. Page 4: David Leeson - Discussed the value of a person ' s property, noting value was not only measured in dollars. Said people in the Mt. Umunhum area were concerned about the District' s actions. Dis- cussed use and safety of District lands, said unsupervised use of lands is dangerous to neighbors because of issues such as fires. Said meetings were essential to building trust and that eminent domain should not be used.