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HomeMy Public PortalAbout19980218 - Minutes - Board of Directors (BOD) i 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. I, 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. I II. ORAL CONVAUNT_CATIONS �I 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 i 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. I 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