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Regional Oper lee
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-04
SPECIAL MEETING
BOARD OF DIRECTORS
February 18, 1998
MINUTES
I. ROLL CALL
- President Betsy Crowder called the Special Meeting to order at 7:30 P.M.
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Members Present: Mary Davey, Betsy Crowder,Ken Nitz, Jed Cyr,Pete Siemens, ,
David Smernofl� and Nonette Hanko.
Personnel Present: Craig Britton, Sue Schectman, Deirdre Dolan, John Escobar, Randy
Anderson, Mike Williams, and Del Woods.
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II. ORAL CONVAUNT_CATIONS
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There were no oral communications.
III. ADOPTION OF AGENDA
Motion: J. Cyr moved that the Board adopt the agenda. P. Siemens seconded
the motion. The motion passed 7 to 0.
IV. ADOPTION OF CONSENT CALENDAR
Motior3: J. Cyr moved that the Board adopt the Consent Calendar, including
approval of the minutes of the January 28, 1998 Regular and Special
Meeting; agenda item 2, Appointment of Grant Thornton as the
District's Auditors for the Fiscal Year 1997-1998; agenda item 3,
Cancellation of February 25, 1998 Regular Meeting; and Revised
Claims 98-04. M. Davey seconded the motion. The motion passed 7
to 0.
V. BOARD BUSINESS
A. Agenda Item No. 1 -Exchange of Lands to Include Proposed Addition of Peninsula Open Space
Trust Proper to Windy Hill Open Space Preserve. Sale of Surplus Proper at Teague Hill Qpen
Space Preserve and Management Agreement with Peninsula Open Space Trust for the Loma
Prieta Ranch Prop;Determination that the Recommended Actions are Categorically Exempt
from the California Environmental Quality Arc ;Authodzation for the General_Manager to Sign
anagement Agreeme with Pcninsula Open Spac�Trust for Loma Prieta Ranch;
Tk4 t4 WV 544!
Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
- 1972-1997- FAX:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspacb.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz - General Manager,:L.Craig Britton
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Meeting 98-04 Page 2
Tentative Adoption of the Preliminary Use and Management Plan for the Addition to Windy Ihll
Open Space Preserve (Peninsula Open Space Trust - Corte Madera Associates Pronertv,)
Including Naming the Proper as an Addition to Windy Hill Open Space Preserve;Tentative
Adoption of the Preliminary Use and Management Plan for Lands of Peninsula Open S,pace Trust
(Loma Prieta Ranch); and Indicate their intention to Dedicate Lands of Peninsula Open Spate
Trust (Corte Madera Associates Property)—ftport R-98-2 -):
C. Britton introduced the item stating that this is a three-way exchange among the District, POST
and Pelican Timber.
D. Woods described the three properties as outlined in the staff report and showed the project
area of each on maps.
Lands of POST—Former Corte Madera Associates Prop
D. Woods noted the three potential future trail alignments within the property which were
described in the staff report and had been previously addressed when the Road and Utility
Easement Agreement was approved. Part of that agreement specified there would be no trail use
on Lauriston Road or Old Ranch Road as they go through private parcels. He said part of the
District's obligation is to provide patrol and signing to minimize such use.
D. Woods described the storm damage to the property. S. Schectman informed the Board that
the District would not have to fix the roads if we buy the property. C. Britton said POST has
been told that we want a hold harmless agreement prior to our acquisition of the property.
D. Woods said if a house is built on the private lot, it might be visible from parts of the preserve,
but there is quite a lot of vegetation including some large trees.
When asked if there are issues about getting to the site and how that would affect the deal, C.
Britton said the storm damage had not taken place when the process began. He said there is a
question now whether Lauriston Road can be fixed. He said the way the agreement is written,
part of the process is that the District's acquisition of these properties completes the lot line
adjustment process that was started with Portola Valley. They want to make sure that road will
serve the property and if not they will be looking for other alignments. If there is no way to
access the site POST might want to change the terms. This could delay close of escrow for
several months. He said Pelican Timber has 180 days plus two 90 day extensions to prove out the
permits required by Woodside on the Teague Hill property but the transfer is controlled by the
Transfer Agreement. He quoted from Section 1 of that agreement and said the entire agreement
hinges on the completion of the other two transactions simultaneously with the closing.
Lands of District - Summit Springs
D. Woods pointed out the property on a map and outlined the staff report. He indicated where
private property owned by California Water Service was located as well as residential property.
He outlined conditions contained in the sales agreement which limit development as one
residential site and require open space and trail easements. He said the trail might not follow the
road and the District will work with the buyer of the parcel to realign it.
Meeting 98-04 Page 3
C. Britton said Pelican Timber has looked at areas where the property might be developed. The
agreement allows 60 days for the District to do field work.
Management of POST Lands-Loma Prieta Ranch
D. Woods showed the property on the map and described trails, prominent features, access, and
improvements. C. Britton said between the Pelican property and the demonstration forest is a
private easement owned by Roger Birch of Redwood Empire. He said that even though it is
private property we are assured a public trail route.
In regard to the landslide, D. Woods said the entire hill gave way both above and below the road.
The County has tried to keep it open but has given up. There is a trail that goes through but no
driving access. C. Britton said the slide that has closed Highland Way is not on subject property,
but is on adjacent private land.
D. Woods said the trail shown at the north end of the property going to Loma Prieta Avenue is a
is a non-exclusive 400 foot easement. The District hopes to use it for patrol.
In answer to a question about this property being outside the District's sphere of influence, C.
Britton said the District is not going to own it. He explained the idea behind the three way
transfer. He said the District would manage the property as a closed site for the five years that
POST holds it and will see if they can transfer it to state parks or the demonstration forest. An
annexation would be processed during the five year period in case the District had to exercise its
option to buy the property. The District would look for a private buyer if they couldn't find a
public one and would retain a trail or conservation easement. He said the problem is that the road
alignment is a trail alignment that goes through the middle of the property. He said the District
has managed other properties outside its sphere of influence.
S. Schectman said the District needs to show that there is some connection between its purpose
and where this property is located, and she thought that case could be made.
D. Woods showed slides of the subject properties.
C. Britton acknowledged the willing help of Lisa Zadek. He said 105 people on Summit Springs
and Patrol Roads had been notified of tonight's meeting per the verbal agreement with those
residents.
C. Britton said the first line on page 5 of the staff report should read" . . . 150,000 gallon water
tank . . . " In regard to the agreement, he talked about working with C. Keenan, General Partner
of Pelican Timber. He said it is incredible that this three-way exchange has come together and
the District could end up with about $3 million worth of land out of this project.
Erica Crowley, 800 Patrol Road, asked when the exchange would happen, and C. Britton said the
agreements had been executed and it could be as little as six months and as much as a year. He
gave her copies of the three agreements.
In regard to the property management agreement, C. Britton said the District cannot cancel. He
said if the District doesn't exercise the option to buy the property, POST can transfer the property
Meeting 98-04 Page 4
at their discretion. S. Schectman said the management agreement terminates if POST sells to
someone else.
K. Nitz said he liked the agreement but expressed concern about sellingen space land for
81' open P
development. C. Britton provided additionalbackground about
t the property, stating that
subdividing the property for even one unit is probably not feasible. He said they could never bring
public traffic in.
N. Hanko stated that she was the only one on the Board at time the property was acquired who
bought it with the intention of keeping it all open space.
I Cyr asked what would happen if the three-way exchange does not hold together and the District
is still looking at the 23 acres. He asked if that would mean demolishing Patricia's home site. C.
Britton said they were never going to buy the entire site but were thinking of keeping some
architectural features. He said he thought POST would continue to see if they can provide
alternate access and will try as hard as they can to keep it as a site they can sell off which would
also benefit the District. He said there is quite a bit of salvage value in the sandstone blocks in
what remains of the house.
C. Britton stated that if Old Ranch Road were to become the primary access route to the upper
parcel, the road agreement in its entirety would be reopened. He said it might be best for the
District if Lauriston Road is not opened.
Motion: M. Davey moved that the Board determine that the recommended actions are
categorically exempt from the California environmental Quality Act as set out in
the staff report; adopt Resolution 98-09 a Resolution of the Board of Directors of
the Midpeninsula Regional Open Space District Approving and Authorizing
Acceptance of a Real Estate Sales Agreement - Sale By Exchange, Authorizing
Officer to Execute a Deed for the Real Property Being Released, Authorizing
Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing
General Manager to Execute Any and All Other Documents Necessary or
Appropriate to Closing of the Transaction(Windy Hill Open Space Preserve-
Lands of POST); adopt Resolution 98-10 a Resolution of the Board of Directors
of the Midpeninsula Regional Open Space District Authorizing Acceptance of
Transfer Agreement, Authorizing Officer to Execute Certificate of Acceptance of
Grant to District, and Authorizing General Manager to Execute Any and All Other
Documents Necessary or Appropriate to Closing of the Transaction(Windy Hill
Open Space Preserve-Lands of POST); authorize the General Manager to sign
the property management agreement with Peninsula Open Space Trust for Loma
Prieta Ranch;tentatively adopt the Preliminary Use and Management Plan
recommendations contained in the staff report for the addition to Windy Hill Open
Space Preserve(Peninsula Open Space Trust—Corte Madera Associates
Property), including naming the property as an addition to Windy Hill Open Space
Preserve; tentatively adopt the Preliminary Use and Management Plan
recommendations contained in the staff report for lands of Peninsula Open Space
Trust Lorna Prieta Ranch); and indicate their intention to dedicate lands of
Peninsula Open Space Trust(Corte Madera Associates Property) as public open
space. I Cyr seconded the motion.
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Meeting 98-04 Page 5
Amendment: S. Schectman suggested the following amendment: recommendation No. 3 is
amended to state that it is approved subject to execution by POST of an
Indemnity and Hold Harmless agreement in a form approved by District
legal counsel and that Resolution 98-10 authorizing approval of the Transfer
Agreement is likewise amended. M. Davey and J. Cyr agreed that the motion
could be amended. N. Hanko stated for the record that she opposed the sale of the
surplus property at Teague Hill but would support the proposed exchange of land.
Vote: The motion passed 7 to 0.
VI. INFORMATIONAL REPORTS
N. Hanko presented the District with a copy of the book"Bay Area Wild"which had been signed by the
author and photographer at the book signing the previous day. She distributed copies of the letter she
had sent to the National Park Service on the Yosemite Plan and urged other Board members to respond
to the Plan.
B. Crowder asked Board members to put the dates they will be gone on the calendar staff had provided.
C. Britton reported on the following: 1. Regarding the schedule for a workshop to return with the
Regional Open Space Study, there will be two meetings with the first scheduled for May 20, 7:00 P.M.
2. He had received a notice regarding the PCL Environmental Legislation Symposium on March 14 and
15. Approval for payment will be on the March 11 agenda. 3. Gary Tate is retiring as General Manager
of Monterey Peninsula Regional Park District. A resolution will be presented to the Board for approval.
4. He had received advance copies of information for the Special Districts Forum. 5. A presentation
regarding the Regional Open Space Study was made last year to District docents. The next meeting of
the docents is April 14, 7:00-9:00 P.M. J. Cyr, M. Davey and B. Crowder will attend. 6. He will be
gone for two weeks until March 9. J. Escobar will be in charge.
D. Dolan said a letter had been sent to the Open Space Authority congratulating them on the Supreme
Court decision.
J. Escobar reminded Board members of Kids Art of Open Space at 6:00 P.M. on March 5.
S. Schectman said she had talked to legal counsel for the Open Space Authority and presented a status
report on the Supreme Court decision. She said the Taxpayers Association has 120 days in which to seek
review at the U. S. Supreme Court.
VII. ADJOURNMENT
The meeting was adjourned at 8:55 P.M.
Roberta Wolfe
Recording Secretary