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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 99-27
REGULAR MEETING
BOARD OF DIRECTORS
November 10, 1999
MINUTES
I. ROLL CALL
President Jed Cyr called the meeting to order at 7:30 P.M.
Members Present: Nonette Hanko, Mary Davey, Jed Cyr, Ken Nitz, Peter Siemens, Deane
Little, and Betsy Crowder.
Members Absent: None.
Staff Present: Craig Britton, Sue Schectman, John Escobar, Deirdre Dolan, Randy Anderson,
Malcolm Smith, and Peggy Coats.
II. ORAL COMMUNICATIONS - There were none.
III. ADOPTION OF AGENDA
Motion: M. Davey moved that the Board adopt the agenda. K. Nitz seconded the
motion. The motion passed 7 to 0.
IV. ADOPTION OF CONSENT CALENDAR
Motion: B. Crowder moved that the Board adopt the Consent Calendar, including
agenda item 2, Cancellation of November 24 g �1999 Regular Meeting and
Schedulingof f a Special Meeting for Midpeninsula Regional Open Space District
Board of Directors for November 17 1999; and agenda item 3, Award of
Contract for Drainage and Surfacing Improvements to Parking Lots Located at
Los Trancos, Russian Ridge, and Windy Hill Open Space Preserves;
Authorization for the General Manager to Enter into Contract with Andreini
Bros., Inc. of Half Moon Bay in the Amount of $53,850, for Drainage and
Surfacing_Improvements to Three Parking Lots Located at Los Trancos, Russian
Ride, and Windy Hill Open Space Preserves; and Authorization for the
General Manager to Approve Incrementa1 Change Orders or Unit Price
N Exceed 1 000 For Items
Additions in Excess of the Bid m An Amount of to 5, o
Not Identified in the Base Bid But Anticipated as Part of the Overall Project. K.
Nitz seconded the motion. The motion passed 7 to 0.
3 30 Distel Cir<le - Los Altos, CA 94022-1404 Phone:050 C,91-1 200
FAX: 050-091 0485 * F-marl: nirosci("OoE)enslMce.crrg Web site:www.openspaCe.org
Hoard of t hrec tors:Pete Siemens,Mary C. Davey,led(:yr, Deane Little, Nonette t lanko, Betsy Crowder, Kenneth C. Rutz - General Mamrger:I (raig Wilton
Meeting 99-27 Page 2
V. BOARD BUSINESS
A. Eminent Domain in the San Mateo County Coastal Area Under Consideration for
Annexation, Review and Comment on the November 3, 1999 Letter from Supervisor
Rich Gordon, Coastal Advisory Committee (CAC) Chair, and On the Discussions and
Public Comment at the October 26, 1999, CAC Meeting Regarding the District's Use
of Eminent Domain in the San Mateo County Coastal Area Under Consideration for
Annexation; Consideration of Adoption of Policy Requiring That ALIY District
Acquisitions on the Coastside be From Willing Sellers Only, Without The Use of
Eminent Domain,• Provide Direction to the District's General Counsel to Research and
Develop a Process for Ensuring That This Policy is Secure and Permanent; Provide
Direction to Staff to Initiate Work on the Administrative Procedures for Applying to the
Local Agency Formation Commission For an Annexation, Including the Preparation of
a Service Plan, Financial Analysis, and Environmental Documentation-, and Request
That the CAC Continue to Meet and to Address and Make Recommendations on the
Remaining Policy Issues It Was Charged With Reviewing (Land Acquisition Methods
and Agricultural Preservation)(Report R-99-143).
C. Britton introduced the CAC members in the audience and reviewed the staff report.
N. Hanko asked Supervisor Rich Gordon to respond to his request that the CAC
reconvene to determine whether or not the existing CAC process was suitable for
discussion of the remaining policy issues and if deemed not suitable, recommend
alternative processes that might be employed.
Supervisor Gordon said other avenues could be undertaken to complete the final two
policy areas they were originally asked to look at. He said he thought there was
enough information for staff to put something together to share with focus groups or
with the community outside of the CAC process. He said they would reconvene if
asked, but he believed other mechanisms could be used. Whether or not they
reconvened would depend on the action taken by the Board at this or a subsequent
meeting.
Geoff Allen, P. O. Box 2, Pescadero, member of CAC, said he thought they should put
eminent domain behind them and get on to the things that do work. He reviewed the
votes by the committee. He said the District had only used eminent domain once in the
past ten years, and maybe the right of first refusal would be a more powerful tool. On
agriculture and conservation easements the District could buy development rights and
density credits. He said they needed to look at what the District already owns and how
they are managing it. If the District isn't willing to drop the eminent domain policy, he
said he was afraid they would be unable to annex the coast.
Meeting 99-27 Page 3
Mary Hobbs, Moss Beach, representing the Midcoast Council on CAC, read statements
supporting annexation by the District if eminent domain were removed, but could not
fully support the concept until the other policy dialogue had taken place.
Bill Cook, Box 913, Pescadero, presented a petition with approximately 260 signatures
supporting annexation if the District adopted a permanent policy of acquiring land from
willing sellers only.
Harry Haeussler, 1094 Highlands Circle, Los Altos, said he did not believe in eminent
domain in this case and did not agree to the annexation of an area without eminent
domain. He said if the District were to annex the coast and do away with eminent
domain, it should be done in the area already part of the District. He said if the area is
annexed, everyone, including current residents, should be paying the same tax rate.
Oscar Braun, 1589 Higgins Canyon Road, Half Moon Bay, Coastal Family Alliance,
said he had voted for formation of the District when he lived in Palo Alto. He
commented on the 1% growth initiative that had passed in Half Moon Bay and the
existing pattern of slow growth and development on the coast. He expressed concern
about a tax passing by voters along coast and suggested that the District poll voters
prior to an election.
April Vargas, P. O. Box 370265, Montara, asked that the Board remember that the
coast has a lot of diversity. She asked that they pay attention to all points of view, but
also show leadership and vision to forge a path beneficial to all.
Michael Murphy, 2100 Lobitos Creek Road, Half Moon Bay, Rural Coast Open Space
Trust, suggested approval of staff recommendations. He said he believed the CAC was
effective and that most people would support annexation if eminent domain were off
the table. He commended staff for their recommendation.
Ken Johnson, 401 Beach, Half Moon Bay said three things came out of the CAC: (1)
Eliminate eminent domain and lose nothing. (2) Eliminate eminent domain and
eliminate opposition to annexation. (3) Eliminate eminent domain and get support for a
taxing measure on the coast.
Scott Boyd, P. O. Box 370553, Montara, said the mid-coast contains about half of the
population of the area under consideration. He said the Board should send the CAC
back to do the job it was charged with. They need leadership and direction from the
Board.
Chuck Kozak, P. O. Box 370702, Montara, said he could not support taking action on
eminent domain at this point. He would have liked to have seen greater consensus first.
Meeting 99-27 Page 4
Leonard Woren, El Granada, said he believed the mid-coast needs eminent domain, but
only in developed areas, not agricultural/rural areas, or when a sale would cause a
change from agriculture to a more developed use. He suggested charging the CAC
with addressing the rest of the issues on their list. He read a letter from Carl May.
Peter Marchi, P. O. Box 13, San Gregorio, said the land should be preserved for
everyone. He said eminent domain is not fair.
Zoe Kersteen-Tucker, 776 Buena Vista Street, Moss Beach, Committee for Green
Foothills, expressed dissatisfaction with the CAC. She thought the past eight months
had been used as a platform for private property rights - not adding long-term
protection for the coast. She believed the time would come when the District would
regret not retaining eminent domain.
N. Hanko shared others' disappointment with the CAC not being able to address all the
issues they had been charged with. She supported dropping eminent domain on the
coastside. She thanked members of the CAC and said she thought it was successful as
a committee.
K. Nitz said they needed to look at policy decisions on a long-term basis. He said he
had been in favor of using eminent domain on the coast until about six months ago. He
said the District always uses other methods to acquire land when possible - only 4% of
acquisitions have been through eminent domain. He said some of the land is already
protected on the coast by other means.
M. Davey said the District mission is to preserve open space. Measure F showed that
there was support for the District on the Coast even with eminent domain. She said in
order for them to be successful in annexing the Coast and saving open space, they had
to attract people who voted against them to begin with. She believed the District should
annex the area without eminent domain.
B. Crowder thanked Supervisor Gordon for his work with CAC. She summarized the
content of a letter from POST. She said she personally would like to retain eminent
domain for the same reasons as Mary Hobbs cited in her letter, but she realized it was
politically impossible, so she would be voting against it. She said she would like to
continue working with the agricultural community to study agricultural issues and said
she would not vote in favor of recommendation 5 in the staff report.
D. Little thanked all members of the CAC, Supervisor Gordon in particular. He
addressed the environmental community who might feel that a battle is being lost. He
said by stopping eminent domain, there is the possibility that an alliance between
agriculture and environmental interests can be attained. He said if the District can
Meeting 99-27 Page 5
annex the coast, long-term goals of preservation can be met. To annex the coast,
eminent domain must be removed.
P. Siemens agreed with what most of what other Board members had said. He thanked
the committee. He believed they had now reached a compromise, even though it was
difficult.
J. Cyr agreed with K. Nitz that they needed to take a long-term view. He expressed
appreciation to CAC members. He said if the District isn't on the coast, the District
can provide no value to the people there. Therefore, he would vote in favor of the
recommendations because that would give them more opportunity to work toward a
consensus.
Motion: M. Davey moved that the Board consider adopting a policy that would
require that any District acquisition on the coastside be from willing
sellers only, without the use of eminent domain. P. Siemens seconded
the motion. The motion passed 7 to 0.
Motion: K. Nitz moved that the Board direct the District's general counsel to
research and develop a process for ensuring that this policy is secure and
permanent (such as through the Local Agency Formation Commission
process). D. Little seconded the motion. The motion passed 7 to 0.
Motion: M. Davey moved that the Board direct staff to initiate work on the
administrative procedures for applying to Local Agency Formation
Commission (LAFCO) for an annexation, including the preparation of a
service plan, financial analysis, and environmental documentation. K.
Nitz seconded the motion. The motion passed 7 to 0.
Motion: M. Davey moved that the Board request the CAC to reconvene for the
purpose of determining whether or not the existing CAC process is
suitable for discussion of the remaining policy issues and, if deemed not
suitable, recommend alternative processes that might be employed. P.
Siemens seconded the motion. The motion passed 6 to 1 (B. Crowder
dissenting).
Discussion: K. Nitz said he would like the CAC to reconvene but would accept their
final decision. J. Cyr agreed.
At 9:03 P.M., there was a recess.
Meeting 99-27 Page 6
VI. INFORMATIONAL REPORTS
N. Hanko: 1. She reported on the meeting of the Planning and Conservation League she had
attended. 2. Bressler property - the Palo Alto city council has ordered a preliminary title
report. 3. She described the electric bicycle that was demonstrated at the council meeting.
M. Davey: 1. The Stanford Community Plan will be presented to the public on November
15.
P. Siemens: He had talked to Geoff Allen during the break and he had signed the petition.
J. Cyr: B. Crowder and he attended a very informative South Bay Area Open Space Council
meeting at Lockheed.
C. Britton: 1. He agreed that the South Bay Area Open Space Council meeting was very
productive. 2. He had breakfast with Bucky Mace, a land acquisition contractor with the
District. POST gave him a picture to commend his work. 2. Proposition 12 will be the first
bond on the March 7 ballot. Proposition 13, the water bond, will also have funds available for
watershed preservation.
S. Schectman: 1. She referred to a letter she had written to San Mateo County Counsel. 2.
The Eric Diesel restitution hearing is scheduled to take place on Monday. 3. Regarding the
Arlie litigation, the law firm representing the District is preparing a motion to dismiss the
lawsuit against the District.
J. Escobar: 1. He provided an update on the hiring process for Operations Manager and Area
Supervisor. 2. A joint press release with San Mateo County will go out Monday. 3. He
reminded the Board that the District office would be closed tomorrow.
VII. ADJOURNMENT
At 9:50 P.M., the meeting was adjourned.
Roberta Wolfe
Recording Secretary