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HomeMy Public PortalAbout19981112 - Minutes - Board of Directors (BOD) Re gional Open ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-26 SPECIAL MEETING BOARD OF DIRECTORS November 12, 1998 MINUTES I. ROLL CALL President Betsy Crowder called the meeting to order at 6:30 P.M. Members Present: Betsy Crowder, Jed Cyr, Mary Davey, Nonette Hanko,Ken Nitz, and Deane Little Members Absent: None Personnel Present: Craig Britton, Sue Schectman, Mike Williams, and Del Woods 11. CLOSED SESSION B. Crowder stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda items 1, 2, 3, 4, and 5. The Board recessed to Closed Session at 6:37 P.M. and the Closed Session commenced at 6:38 P.M. the Board concluded the Closed Session at 7:30 P.M. and B. Crowder called the Regular meeting to order at 7:35 P.M. She noted that no reportable actions had taken place in Closed Session. Additional Personnel Present: Deirdre Dolan, John Escobar, Malcolm Smith, and Susan Dale. 1H. ORAL COMMUNICATIONS Harry Haeussler, 1094 Highlands Circle, Los Altos, requested that everyone speak into the microphones. 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. 3 M Distel Circle 4 Los Altos, CA 94022-1404 - Phone: 650-691-1200 FAX: 050-691-0485 - E-mail: mrosd )openspa(e.org - Wei)site:www.ol)erisp,i(-(,.org Bwrdol Oiret tot, Pete Siemens,1,Utv(' Rivey, 1(,(I( yi, Deant-Littip, Nonettc11,mko,Bets Crow KermethC, Nit/ . IV. ADOPTION OF CONSENT CALENDAR Harry Haeussler, 1094 Highlands Circle, Los Altos, requested removal of agenda item 6. Review and Comment on the Proposed Annual Seasonal Trail Closures Information Report. B. Crowder requested the draft response to written communication to Bill Bauriedel, Bill.Bauriedel@ForsAhe. Stanford.EDU be returned to the Board at their November 18, 1998 Special Meeting. Motion: P. Siemens moved that the Board adopt the Consent Calendar, including approval of draft response to written communication from Judith H. Lovell, President, South Skyline Association, Route 2, Box 400, La Honda, and the minutes of the September 28, 1998, Regular Meeting. V. BOARD BUSINESS A. Agenda Item No. 1 —Review and Discuss the Results of the November 3 1998 Vote on Measure F, the Advisory Measure Asking San Mateo County Coastside Voters if They Wish Their Area to be Annexed into the Jurisdiction of the District Authorization for the Ad Hoc Committee to Promptly Establish a Process for Forming a Coastal Advisory Committee for Development of Policies on Eminent Domain, Acquisition, and Other Relevant Coastal Policies, and Develop a Course of Action and Timeline for the Initial Tasks Related to Accomplishing,a Potential Annexation and Report Back to the Board for its Approval; Authorization for Staff to Begin Research and Preparation of the Initial Documents Required for a Potential Annexation of the San Mateo County Coast, and Authorization for the General Manager to Negotiate with a Qualified Consultant to Develop an Appropriate Scope of Work and Contract, to be Reviewed by the Ad Hoc Committee and Returned to the Full Board for Final Approval of a Consultant Contract B. Crowder reported that Measure F passed 55% yes to 45% no. K. Nitz stated he was pleased with the results of the election and supported moving ahead with the process. Harry Haeussler, 1094 Highland Circle, Los Altos, stated that if the District continues with annexation to the San Mateo Coast that the taxpayers in the newly added area should pay the same taxes as the taxpayers in the present District and that both areas should be governed by the same set of rules and regulations. Oscar Braun, 1589 Higgins Canyon Road, Half Moon Bay, stated that Measure F passed in the urban coastal area, which runs from the City of Half Moon Bay to Montara. In the unincorporated rural coastal area that runs from El Granada to Montara, it lost 57%no to 43% yes. This area represents 93%of the coastal zone land area. He stated it is in this area, the rural coastal area, that the District would be most interested in acquiring land and not the urban coastal zone. He referenced a coastal mailing from Measure F supporters that stated that Measure F opponents were nothing more than"individuals with a self-serving renegade agenda for our Coast." B. Crowder clarified that no such mailings were generated by the District. N. Hanko stated that absolutely no District dollars were spent on behalf of the entire Measure F campaign. Ken Johnson, 401 Beach Avenue, Half Moon Bay, stated that a solution exists which should be a win-win for both sides. That solution would be to proceed with a request in Sacramento to introduce Public Resources Code Section 5306.11 removing the power of eminent domain from Midpeninsula Regional Open Space District policy. He stated that if the power of eminent domain were removed from District policy, there would be no opposition from any coastal residents. Stan Pastorino, 12491 San Mateo Road,Half Moon Bay, spoke on behalf of the San Mateo County Farm Bureau. Conveying their position, he requested a prohibition on the use of eminent domain for land zoned by the County of San Mateo as planned agricultural district and timber production. He further requested that land be acquired only from willing sellers. It is their belief that election results would have been more in favor of the District had the issue of eminent domain been removed. He then spoke on his own behalf regarding his experience in losing family land to eminent domain. He noted his experience when he served on Half Moon Bay's city council when a redevelopment election won by a similar margin to that recently experienced by the District. The final election to move forward with redevelopment lost 701/o no to 30%yes because of similar eminent domain issues. Vincent Cozzolino, 11881 San Mateo Road, Half Moon Bay, stated that if the District had removed eminent domain from Measure F, the District would have won by over 90% in favor of the District's annexation on the coast. Peter Marchi, P. O. Box 13, San Gregorio, stated his interest to the Board to be appointed as a representative on the advisory committee. Donna Carlson Gardner,P. O. Box 415, Moss Beach spoke of her support of the District and its overall mission in saving open space but spoke strongly against the use of eminent domain to acquire any land. She stated that a 55% vote in favor was not a signal for the District to continue its pursuit of annexation for the San Mateo coast unless eminent domain was removed to protect the agricultural farmer. N. Hanko stated that it is of great importance that the rights of the agricultural farmer are protected; the coastal advisory committee was formed to ensure that. Kit Dove, 6533 Palma Street,El Granada, spoke in favor of the District's annexation of the San Mateo Coast and stated his belief that the District will review and develop policies that will be specific to the coastal area and its agricultural assets. Audrey Rust, Executive Director of Peninsula Open Space Trust(POST), stated that she was thrilled when Measure F passed and that,to date, POST has protected 15,000 acres of coastal land, including 25% of the agricultural land on the coast. She stated that neither the District nor POST has the money to exercise eminent domain to acquire any property on the coast and requested that she, as a representative of POST, be appointed to the advisory committee. Michael Murphy, 2100 Lobitos Creek Road, Half Moon Bay, stated that there are 13,700 registered voters in the urban mid-coast and 2,200 voters in the rural coast. He had formerly requested that two elections take place: one in the urban coastal area, and one in the rural coastal area. He was informed that would unnecessary since the Board would look very carefully at the breakdown of voters by precinct. In his opinion, this breakdown clearly shows the Measure losing 57% against to 43%in favor. He asked the Board to stop pursuing coastal annexation as it will continue to be defeated, particularly in the rural coastal area, unless the power of eminent domain is waived. N. Hanko responded that the intention of the District is to create new policies for coastal annexation, and that the purpose of the advisory committee formation is to develop policies that protect, and meet the specific needs of residents and farmers on the San p P p , Mateo coast. Chuck Kozak, P. O. Box 370702, Montara, recommended that a representative from the Pescadero, Half Moon Bay, and IVlidcoast Counsels be appointed to the District's coastal advisory committee. He encouraged the District to proceed with its annexation of the San Mateo Coastal area, as all residents treasure preservation of the coastal land. Lennie Roberts, 339 La Cuesta,Portola Valley, expressed her enthusiasm on the win for Measure F, stating that it had been a very interesting discussion tonight. She stated that there are several questions regarding how land will or will not be acquired and managed by the District, and that a large percentage of coastal farmland is not farmed by the owners. Owners lease land to short-term tenants and, in these cases; it results in tenant farmers who cannot make long-term investments in the land. In some of the cases it would be a huge benefit for an ongoing agricultural enterprise to have a landowner that had a long-term interest in maintaining the land as agricultural land and providing for longer agricultural leases. She stated that, although rural coastal residents are against the use of eminent domain, a situation could arise when an adjoining owner could threaten a neighbor with inappropriate land use. With the District's presence and power of eminent domain their interests could be protected. P. Siemens asked if there was a difference between the Agricultural Committee and the Farm Bureau. It was clarified the Agricultural Committee is appointed by the Board of Supervisors and is made up of eight farmers and eight non-farmers to ensure a balance. The farm bureau is a private non-profit group. Discussion followed. It was determined that representatives from both the Agricultural Committee and the Farm Bureau should be appointed to the advisory committee. K. Nitz added that he felt POST should also be on the advisory committee, and that he would like to see the District look into agricultural preservation techniques. J. Cyr stated that he saw three key issues that needed to be addressed: eminent domain, taxation, and representation on the advisory committee. M. Davey stated that she appreciated the voters on the coastside and thanked them for their support, reiterating that the District's vision has for the potential annexed land is to keep existing open space and farm land intact. M. Murphy responded that if the District waived its power of eminent domain, he would have been our supporter. D. Little thanked all the voters for their interest in this issue and expressed his support for including farmers on the advisory committee. Motion: J. Cyr moved that the Board authorize the Ad Hoc Committee's to promptly establish a process for forming a Coastal Advisory Committee to develop policies on eminent domain, acquisition, and other relevant coastal policies; to develop a course of action and timeline for the initial tasks related to accomplishing a potential annexation; and to report back to the Board for its approval; to authorize staff to begin research and preparation of the initial documents required for a potential annexation of the San Mateo County coast; and to authorize the General Manager to negotiate with a qualified consultant to develop an appropriate scope of work and contract,to be reviewed by the Ad Hoc Committee and returned to the full Board for final approval of a consultant contract. M. Davey seconded the motion. Discussion: K. Nitz asked how long it would take to select a consultant. S. Schectman responded that it would take several months. Vote: The motion passed 7 to 0. The Board recessed from 9:40 P.M. to 9:55 P.M. B. Agenda Item No. 2—Appointment of Unopposed Directors Ward 1. 2 and 5 and Administer the Oath of Office to Appointed Directors D. Dolan administered the Oath of Office to Appointed Directors, Peter W. Siemens Ward 1; Mary Davey, Ward 2; and Nonette Hanko, Ward 5. Motion: J. Cyr moved that the Board adopt Resolution 98-44 appointing Director Peter W. Siemens—Ward 1 of the Board of Directors of the Midpeninsula Regional Open Space District; Resolution 98-45 appointing Director Mary Davey—Ward 2 of the Board of Directors of the Midpeninsula Regional Open Space District; and Resolution 98-46 appointing Director Nonette Hanko—Ward 5 of the Board of Directors of the Midpeninsula Regional Open Space District. K. Nitz seconded the motion. The motion passed 7 to 0. C. Agenda Item No. 3—Proposed Additions of Kelsey and Marden Properties to Mt. Umunhum Area of Sierra Azul Open Space Preserve; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act, Tentative Adoption of the Preliminary Use and Management Plan Recommendations, Including Removing the Former Residence, and Naming the Properties as Additions to Mt. Umunhum Area of Sierra Azul Open Space Preserve, Authorization for Staff to Solicit Bids to Remove Structures Vehicles and Debris and Restore the Site to a Natural Condition,• and Indicate the Intention to Withhold the Properties from Dedication as Public Open Space at This Time D. Woods pointed out the property on a map and showed slides of the property. He pointed out the structures, vehicles, and debris that needed to be removed. M. Williams reviewed terms of the proposed addition. Motion: M. Davey moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act; adopt Resolution 98-47 authorizing acceptance of the Purchase 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 (Sierra Azul Open Space Preserve—Lands of Kelsey et al.); Resolution 98-48 authorizing acceptance of the Purchase 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(Sierra Azul Open Space Preserve—Lands of Marden et al.); tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including removing the former residence, and naming the properties as additions to Mt. Umunhum Area of Sierra Azul Open Space Preserve; authorize staff to solicit bids to remove structures, vehicles and debris, and restore the site to a natural condition; and indicate their intention to withhold the properties from dedication as public open space at this time. P. Siemens seconded the motion. The motion passed 7 to 0. D. Agenda Item No. 4—Proposed Acquisition of the Cavillo Property as an Addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act, Tentative Adoption of the Preliminary Use and Management Plan Recommendations, Includin Ng aming the Cavillo Property as an Addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve; and Indicate the Intention to Withhold the Property from Dedication as Pubic Open Space at This Time M. Freeman pointed out the property on a map and showed slides of the property. The slides highlighted the flora and fauna of the area and showed a structure with debris that will need to be removed. M. Williams reviewed terms of the proposed addition. Motion: M. Davey moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act; adopt Resolution 98-49 authorizing purchase of the Cavillo property; tentatively adopt the Preliminary Use and Management Plan, including naming the Calvillo property as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve; and indicate the intention to withhold the property from dedication as public open space at this time. P. Siemens seconded the motion. The motion passed 7 to 0. E. Agenda Item No. 5—Tentative Adoption of an Amendment to the Use and Management Plan forSkyline Ridge Open Space Preserve to Extend the Christmas Tre e Farm Use and Approval of an Agricultural Lease—Christmas Trees for Skyline Ridge and Monte Bello Open Space Preserves; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; and Authorization for the President of the Board of Directors to Execute the Agricultural Lease—Christmas Trees for Skyline Ridge and Monte Bello Open Space Preserves R. Anderson described the current history of the Christmas tree farm, the history of the lease agreement, and plans for restoration of the area. K. Nitz asked how much it would cost to perform the restoration. R. Anderson replied the estimated cost of restoration would be $68,000. Motion: P. Siemens moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act; tentatively adopt an amendment to the Skyline Ridge Open Space Preserve Use and Management Plan to extend the Christmas tree farm lease area as amended to the terms of the lease; and authorize the President of the Board of Directors to execute the Agricultural Lease—Christmas Trees for Skyline Ridge and Monte Bello Open Space Preserves. J. Cyr seconded the motion. The motion passed 7 to 0. F. Agenda Item No. 6—Review and Comment on the Proposed Annual Seasonal Trail Closures Information Report H. Haeussler requested clarification that the trail along the pond at Windy Hill Open Space Preserve was not going to be closed. B. Crowder informed him that was correct. V. INFORMATIONAL REPORTS N. Hanko reported that she, Director Crowder and Director Little attended the South Skyline Association Meeting at Saratoga Summit Fire Station on November 6. They spoke to the neighbors on the topics of the potential coastal expansion, neighborhood dog access, and the Operations Program Report. She stated that she would be placing a"good neighbor dog policy" P 8 on a future Board agenda. She also stated that she's looking forward the formation of the coastal advisory committee so better information can be provided to the coastal residents. B. Crowder stated that she spoke to Cliff Jenkins at the South Skyline Association Meeting. He informed her that the San Mateo County Sheriff patrol has been eliminated up on Skyline and that Dick Schwinn had asked him how the District Board kept track of the General Manager. Both she and N. Hanko responded that the District's Action Plan is one of the best ways of evaluating staff accomplishments, including those of the General Manager. She also told him that any member of the public was welcome to review the Action Plan. N. Hanko stated that due to information released in the Operations Program Stud the > P 8�' Y� neighbors realized it was too much to ask the District to patrol their area. The neighbors were inviting a representative from the San Mateo County Sheriff's Office to attend a meeting in Januaryto address their patrol concerns. B. Crowder reported she had a meeting with horse and dog enthusiasts, initiated by Berry Stevens. She received a summary from them that containing their recommendations for changes to the Basic Policy. She reported that she would be meeting with Supervisor Rich Gordon. She also noted her attendance at a Peninsula Open Space Trust parry that they hosted for their easement monitors. D. Little reported that he has a friend at the San Jose Mercury News who works in area of educational curriculum, and that she was interested in doing a writing a special section on the District. C. Britton noted that Will Travis will be speaking Friday, November 20, at the Bay Area Open Space Council regarding the airport expansion. He asked which Board members might be interested in attending. VI. ADJOURNMENT The meeting was adjourned at 11:00 P.M. Susan Dale Recording Secretary