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Home My Public Portal About19860517 - Agendas Packet - Board of Directors (BOD) - 86-13 Meeting 86-13 ,dA OF, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Building C,Suite 135/201 San Antonio Circle Mountain View,CA 94040/(415)949-5500 SPECIAL MEETING ANNOUNCEMENT May 17 and 18, 1986 Monterey, California There will be a Special Meeting of the Board of Directors of the Midpeninsula Regional Open Space District. Members of the Board will be attendees at the Not-So-Annual Regional Park and Open Space District Conference being hosted by the Monterey Peninsula Regional Park District. AGENDA Saturday, May 17, 1986 The meeting will convene in the Conference Room of the Monterey Bay Aquarium, 886 Cannery Row, Monterey, at 10 :00 A.M. 10 :00 - 11: 30 Introductions,Staff Presentations, and Discussions 11:30 - 1:00 Lunch and Tour of the Monterey Bay Aquarium 1:30 - 3 :20 Staff Presentations and Round-table Discussions 3 :20 - 4 :00 Tour of Shoreline Trail Facilities in Pacific Grove 4 :00 - 4 :30 Free Time 4:30 Social Hour and Dinner at The Cannery Restaurant, 444 Cannery Row Sunday, May 18, 1986 9 :00 - 11:00 Field trip to Monterey Peninsula Regional Park District facilities at Garland Ranch, Laguna Grande, and Marina Vernal Pond. Members of the public should contact the District office at (415) 949-5500 for additional information. 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 THE FIFTH "NOT SO ANNUAL" REGIONAL PARE`: AND OPEN SPACE DISTRICT CONFERENCE Hosted by the Monterey Peninsula Regional Park District Saturday, May 17th , 19e6 AGENDA Morning Session-MONTEREY BAY AQUARIUM 1 V: -?-? WELCOME ici: 15-11 : '(:) Use of Eminent Domain for Public Park and Open Space Acquisition (Herb Grench and David Pesonen) 11 : .= ?-1 : 7.0 Lunch and Tour of the Monterey Bay Aquarium Afternoon Session Round-table Discussion- (Example of some ideas) a) Maintenance of open space-use of rangers b) Trail use conflicts-mountain bikes, etc. c) User fees and how to set them d) Innovative funding possibilities Legislative update (Bob Connelly) Tour of Monterey Peninsula Recreation Trail (Gary Tate) EVENING_DINNER, Chart House Restaurant,_ 444 Cannery Row 4: . C? No Host Cocktails �;cii) Dinner SUNDAY� MAY 18 9: 00-11 : 00 Optional field trip to Monterey Peninsula Regional Park District facilities at Garland Ranch , Laguna Grande and Marina Vernal Pond (see attached map) �I _ROSTER Not So Annual Regional Park: and Open Space District Conference Saturday, May 17th , 1986 MONTEREY BAY AQUARIUM EAST_ BAY REGIONAL PARK DISTRICT ','Ted Radke-Presi dent ,iLynn Bowers-Director James Duncan-Director —Mary Jeffreds-Director l✓Har 1 an k::essel-Director David Pesonen-General Manager vBcb Connelly-Deputy G. M. \Aerry k.'ent- Asst. G. M. Operation u Interpretation Cebb- Asst. G. M. Public 1--;Tohn Hammond-Asst . G. M. Planning , Acquisition , Design mob Doyle-Chief ,Land Acquisition MARIN COUNTY OPEN SPACE ----- ------ ---- ----- JRoberta Dunham-Chairperson Allison Urfer-Commissioner JK:arin Urquhart-Commissioner Don Dimitratos-General Manager lFrances Brigmann-Planner MIDPE_NINSULA REGIONAL OPEN SPACE D_IST_RICT_ Katherine Duffy-Director Teena Henshaw-Director Richard Bishop-Director Edward Shelley-Director Harry Turner-Director Herbert Grench-General Manager Craig Britton-Land Acq. Manager Jean Fiddes- Admin. Service Manager David Hansen-Land Manager / �( J i m--Bk. 1 e,I r Stanley Norton-Legal Counsel ` rJ MONTERERY PENINSULA REGIONAL PARk DIST_RIC_T vg.obert Griffin-President - VRudd Crawford-Director vZad Leavy-Director ,/Joan Ouye-Di rector VGary Tate-General Manager Nye.t r �a&ePARK O M� ? k �+R qPR 2 2 1986 Casa Munras Garden Hotel April 21 , 1986 64-U-41 nk(( Ms . Jean Fiddes 375 Distel Circle , Suite D-1 Los Altos , Ca . 94022 Re : Midpeninsula Regional Open Space District Arrival : 05/16/86 Departure : 05/18/86 Dear Jean : It was nice talking with you today , and this will confirm the arrangements we have made for the above-referenced group . At this time , we have reserved 10 guest rooms for arrival on Saturday , May 17 , 1986 with departure on Sunday , May 18 , 1986 at the special rate of $68.00 single or double occupancy , plus a 10% city tax . We have also reserved one room for arrival on Friday , May 16 , 1986 with departure on Sunday , May 18 , 1986 at the special rate of $68 .00 single or double occupancy , plus 10% city tax. It is understood that all individuals will be responsible for payment of their own room, tax, and incidental charges . Please be advised that we require the first night ' s deposit or a credit card guarantee , for each reservation , 30 days prior to arrival . Also , for your information, we have a 48-hour cancellation policy and should anyone cancel within that 48-hour period , they would be charged for the first night . I am enclosing our group contract for your perusal . If the terms of the contract are agreeable to you , please sign and return both copies to my attention. I will then sign and return a copy for your records . If you have any questions , please call me at 800-222-2446. Thanks for thinking Casa, and we look forward to working together with you towards the success of this meeting. Very truly yours , Fernando Mornho Director of ales Enclosure 700 Munras Avenue Monterey, California 93940 (408) 375-2411 Casa Munras Garden Hotel May 1 , 1986 Ms . Jean Fiddes Old Mill Office Center Building C, Suite 135 201 San Antonio Circle Mountain View, Ca . 94040 Re : Midpeninsula Regional Open Space District Arrival : 05/16/86 Departure : 05/18/86 Dear Jean: Thank you for returning the signed contract for the above-referenced group. I have signed and enclosed a copy of the contract for your records . Should you have any questions , please do not hesitate to call me at 800-222-2446 . We are looking forward to welcoming your group to the Casa ! Very truly yours, Fernando MoX"� inho Director of aes Enclosure i 700 Munras Avenue Monterey, California 93940 (408) 375-2411 Casa Munras Garden Motel 700 Munras Avenue GROUP CONTRACT Post Office Box 1351 Monterey, CA 93940 (408) 375-2411 DATE 05/16/PI" n5/17/86 DAY OF WEEK SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY OF ROOMS kwr b..i BILLING INFORMATION ROOM RATES Name/Organization Midpeninsula Regional Open Space Distric' STANDARD PREFERRED (( �}[�-t Address 374- 4s-t��_ ,r';,.�� 'S!aitE �-�_ 68.00 ,y" SINGLE-1 BED (t 4l City/State � Ca. 94q 2-2 11,iz ic DOUBLE-1 BED $68.nr. Attention Ms. Jean Fiddes DOUBLE-2 BEDS '3�irt - 55L•C't!. . ..... ... . Phone {415)-46 -47 Contact Ms. Jean Fiddes T IPLE-2 BEDS N/A P01us 10% c / ax. a es are net BILLING: Meeting Room To Master N/A Individual Paying d non-commissi0nable. SUITES-- Room & Tax To Master X Individuals On Own CONFIRMATION Incidentals —To Master —X_ Individuals On Own Date Rec'd twi l 18, 1986 B Fernando Morgadinho GUARANTEE: _Advance Deposit _Prepayment y C/C # MC-5410-3747-1421-4568 exp 10/8,7 For ;lay 16 & 17, 1986 Name on Card ",. 11-, r-iddes Cut-Off Date Anril 30.,- 1986. - t '.st night's room & tax Request PAYMENT: _Direct bill-provide credit information Depositor credit card guarantee X Pay On Departure Deposit Due April 30, 1986 RESERVATIONS•.k Rm List Res Card Own Form Rooming List by 1pri 1 30, 1986 _Individual Convention Bureau For cancellation without Penalty cancel by rWin: Apr11 10. 1986 Indivi . : ,s orior to arrival MEETING ROOM REQUIREMENTS AND/OR SPECIAL INSTRUCTIONS All rooms are Oueen size bedded roor..s. 9 Double occupancy 1 Single occupancy I' Ahove rates iro only v lid if contract is signed and returned by: April 30, 1986 GROUP: ACCEPTED & APPROVED BY DATE t4 A)I I U IOTEL: ACCEPTED & APPROVED BY 4- �/ DATE S�i U Meeting 86-13 I. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Building C,Suite 135/201 San Antonio Circle Mountain View,CA 94040/(415)949-5500 SPECIAL MEETING ANNOUNCEMENT May 17 and 18, 1986 Monterey, California There will be a Special Meeting of the Board of Directors of the Midpeninsula Regional Open Space District. Members of the Board will be attendees at the Not-So-Annual Regional Park and Open Space District Conference being hosted by the Monterey Peninsula Regional Park District. AGENDA + Saturday, May 17, 1986 The meeting will convene in the Conference Room of the Monterey Bay Aquarium, 886 Cannery Row, Monterey, at 10:00 A.M. 10 : 00 - 11: 30 Introductions,Staff Presentations, and Discussions 11 :30_ - 1 :00 Lunch and Tour of the Monterey Bay Aquarium 1:30 - 3 : 20 Staff Presentations and Round-table Discussions 3 :20 - 4 :00 Tour Iof Shoreline Trail Facilities in Pacific Grove 4 : 00 4 : 30 Free Time 4 :30 Social Hour and Dinner at The Cannery Restaurant, 444 Cannery Row Sunday, May 18, 1986 9 : 00 - 11 : 00 Field trip to Monterey Peninsula Regional Park District facilities at Garland Ranch, Laguna Grande, and Marina Vernal Pond. Members of the public should contact the District office at (415) 949-5500 for additional information. �_- ^A.Grensh,Genera/Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin ORDINANCE NO. 86-1 )pted April 23 , 1986 POLICIES REGARDING USE OF EMINENT DOMAIN Midgeninsula Regional Open Space District It is the desire of the Midpeninsula.Regional Open Space District to acquire open space from willing sellers. Eminent domain may be used only within the planning areas designated in the District's Master Plan in those instances where all reasonable attempts at voluntary negotiations fail and the property in question is necessary to the open space program of the District; and where there are no feasible current or prospective alternate acquisitions that would achieve the District's objectives. Properties within the District's sphere of influence outside the District's boundaries shall be treated as being in the planning areas designated in the District's Master Plan. This provision shall remain in effect until the District's Master Plan has been amended to include or exclude such properties from such planning areas. In negotiations or discussions with landowners, the District staff shall not threaten eminent domain but will explain relevant law and District policy. The Board of Directors of the District shall approve a brochure which shall"plain this policy,include information on the use of arbitration, open space easements and contracts, and life estates,for example, and will encourage private open space preservation. In establishing routes for trails,the District shall plan in consultation with and respect the privacy of developed communities. USE OF EMINENT DOMAIN 1. Improved grollerty. not subdividable Eminent domain shall not be used to acquire all or any part of an improved property that is not susceptible to further subdivision,except as provided in Section 5 (Trails)below. 2. Unimproved property. not subdividable Eminent domain shall not be used to acquire all or any part of an unimproved property that is not susceptible to further subdivision if the property is in a clearly defined developed community,except as provided in Section 5 (Trails) below. Further, until such time as the District has completed a revision of its Master Plan and established a standard or standards which identify such properties or catagories of property that will not be subject to eminent domain, all other unimproved property not susceptible to further subdivision shall be subject to eminent domain only when the Board has determined at a public hearing that the property is clearly threatened by development or degradation of natural resources, except as provided in Section 5 (Trails)below. 3. Improved. subdividable property Except as provided in Section 5 (Trails) below,eminent domain may be used to acquire all or any part of an improved property which is susceptible to further subdivision only when the Board has determined at a public hearing that the property is clearly threatened by development or degradation of natural resources,or if more than 50% of the fee interest of the property is held by institutional or commercial entities. However: a. if 50% or less of the fee interest of the property is held by institutional or commercial entities,the improvements and appurtenant structures,and surrounding lands of no less than minimum lot size under the existing zoning district, shall be exempt, and 2 b. the owner shall be entitled to retain such easements as are needed for reasonable access and use of the property. 4. Unimproved, subdividable property, Except as provided in Section 5(Trails) below,eminent domain may be used to acquire all or any part of an unimproved property which is susceptible to further subdivision only when the Board has determined at a public hearing that the property is clearly threatened by development or degradation of natural resources,or if more than 50% of the fee interest of the property is held by institutional or commercial entities. 5 Trails If a portion of a property is required to connect two or more publicly owned park or open space parcels,eminent domain may be used, subject to legal requirements and the following conditions: a. the Board finds it necessary to provide a trail connection between the parcels,and b. the District has been unable by voluntary means to acquire land to connect the parcels with a safe and useful trail,including significantly longer and less convenient trail routes,and c. the land for the connecting trail shall not exceed 50 feet in width,and shall be as far from any existing structure and as close to the property line as practicable, and d. the owner shall have the opportunity to designate any additional portions of his/her land which may be included by the District in the acquisition, and e. the owner shall be entitled to retain an easement over the land acquired by the District,where necessary,for access to the land retained by the owner. f. Perfection of District's Rights Notwithstanding any other provision of this policy,the District may consider the use of eminent domain to perfect rights in an existing road for use for patrol purposes,and to perfect title to any District property or District's interest therein. 7. Consent of owners Notwithstanding any other provision of this policy,the District may consider use of eminent domain when the owners of more than 50%of the fee interest in the property request or consent to such use. 8. Publicity Policies and proposed changes pursuant to restraint of eminent domain shall be adopted by ordinance following a public hearing,legally noticed and freely publicized(at least ten(10) days prior to any public hearing and after any changes) in a manner designed to reach the attention of property owners within the District's planning areas. Publicity shall include at a minimum giving notice to members of the public who have asked to be notified,to owners of properties within the District's planning areas which are greater than twenty (20) acres to known homeowners'associations within the District's planning areas to cities p g and counties within the District's sphere of influence,to other organizations having a continuing interest in the District,to the District's newsletter mailing list,and via an 3 appropriate press release. 1. Definitions a. improvement--- legal residences,excluding trailers and temporary structures, meeting the applicable Uniform Housing Code. To qualify, P g q Y a mobile home must have a permit as a permanent residence. b. improved---containing at least one improvement. c. property --- one or more contiguous assessor's parcels under one ownership. d. susceptible to further subdivision---divided or dividable into two or more legal building sites under applicable zoning regulations(including pre-existing legal but non-conforming building sites). e. institutional or commercial ownership--- including,but not limited to,private or public agencies or schools (except public schools), churches, investment partnerships and corporations, excepting individual or immediate family ownership through a family trust,partnership or corporation whose purposes are not primarily dedicated to land speculation and/or development investment. f. clearly threatened by development---activities which may be considered by the Board in making its determination may include,but not be limited to,filing of a subdivision application,preliminary concept plan or other document relating to subdivision of property,or filing a division of ownership, or filing an application for zoning change for increased density. g.clearly threatened by degradation of natural resources--- activities which have or could cause significant degradation of natural resources, excluding such activities required for public health and safety. 14. Decisions of the Board. These policies are intended solely for the guidance of the Board in the exercise of its discretion and are not intended to give rise to private rights or causes of action in individuals or other persons. The Board shall be the final arbiter as to any question of interpretation of these policies,and upon the adoption of a resolution of necessity (Code of Civil Procedure Section 1245.220)it shall be conclusively presumed that the Board has found such action to be consistent with these policies. — — PROPOSED QUESTICANAIRE REGARDING USE OF BROWN ACT 4/2r86 A. Brown Act Implementati The California Brown Act requires that public notice be given identifying a parcel prior to discussion of its acquisition in closed session. In answering this questionnaire assume that any procedure we adopt is valid under the act so long as the notice is reasonable. Also remember that this policy has nothing to do with eminent domain; this subject is always proper in closed session. Please read the entire questionnaire before answering. Some questions may not seem complete but there are supplementary questions further on. This was done in an attempt to eliminate bias by the order and the way in which ideas are presented. Please include an comments you may have for each section. Y Y Y _. Shall the District retain a list of property owners within the acquisition planning area? .. . . .yes . . .. .no Comments: If there is a list (whether or not you want one) it should contain. . .. . (choose among one or more of the following) I (a) properties of 20 acres or greater in size- (present policy under notification procedure) Corinents: (b) improved unsubdividable properties: _ 1. on list 2. on list but can be removed by request of property owner _ 3. off list 4. off list except by request of property owner _ 5. off list if in a clearly defined developed- community Comments: (c) improved subdividable properties: _ 1. on list _ 2. on list but can be removed by request of property owner _ 3. off list _ 4. off list except by request of property owner 5. off list if in a clearly defined developed community Comments: (d) unimproved unsubdividable property: _ 1. on list _ 2. on list but can be removed by request of property owner _ 3. off list — 4. off list except by request of property owner 5. off list if in a clearly defined developed community Comments: 11_J (e) unimproved subdividable property: I 1. on list 2. on list but can be .removed by request of property owner 3. off list _ 4. off , list except by request of property owner 5. off list if in a clearly defined developed community Comments: more. . . . � i Questionnaire -- page 3. If property can be removed from list at request of property owners, (whether or not you favor this) which of the following should be eligible? (a) occupied parcel Cl (b) owner occupied FJ (c) any parcel Comments: 4. For properties not on a list, or if there is no list, notice to property owners and the public shall include the following: (Choose one or more) Public: (a) only announce at meeting just prior to closed session (probably the legal minimum) (b) list the properties and owners names on the published agenda (c) orally announce at the beginning of the meeting any properties to be discussed which were not on the agenda Property Owners: E] (d) notice (oral or written) .shall be given to the property owner(s) at least five days prior to the meeting at which the- property will-be discussed D (e) written notice shall be given to the property owner(s) at least five days prior to the meeting at which the property will be discussed Comments: 5. For properties on a list, if there is one, notice to property owners and the public shall include the following: (Choose one or pore) Public: (a) no notice (b) only announce at meeting just prior to closed session (c) list the properties and owners names on the published agenda (d) orally announce at the beginning of the meeting any properties to be discussed which were not on the agenda Property Owners: (e) notice (oral or written) shall be given,to the property owner(s) at least five days prior to the 'meeti.ng at which the property will be discussed . (f) written notice shall be given to the property owner(s) at least five days prior to the meeting at which the property will be discussed Comments: more. . . Questionnaire -- page 3 6. 1f there is a list, should it be re-adopted at least annually? El yes Ono Comments: 7. Should the District initiate State legislation to: (a) eliminate the notice requirement (b) clarify that Board policy when adopted is acceptable under the Brown Act (c) establish a more workable State law for public notice E] (d) none of above Comments: 8. What manner of publication of Board changes in policies regarding the Brown Act is desirable? (a) usual agenda and minutes adequate n (b) notification similar to eminent domain policy changes El (c) written notice to people on the list (old and new) , if there is one (d) other Comments: April 7, 1986 Proposed Questionnaire B. Sphere of Influence Boundary Policies 1. The following is a coded list of circumstances under which an interest in land might be acquired: Code Circumstances F Fair market value purchase B Bargain purchase G outright Gift or bequest P funded partially or totally by a grant Program C District Contribution to another agency's project Fill in the following table (9 boxes) with code letters for as many of these circumstances as you feel are appropriate for each type of interest in land, depending upon where the land lies in relation to the District's Sphere of Influence boundary: Type of Interest Relationship of Parcel to Sphere Boundary I Partially Principally Not Limited to (<.50% ) Within (>50%) Within Partially Within Fee title ----------------------------------------------------------------------------------- Trail Easement --------------- --------- ------------------ ----- -------- Open-Space-Easement ------]----------------------------- - - ------------ ------- ---------------- - --- ------------------------ Comments: 2. Any future extension of the District's spnere of influence boundary shall be: minor extension: a) approved by LAFCO only b) approved by LAFCO and the voters of the District F major extension: a) approved by LAFCO only b) approved by LAFCO and the voters of the District Comments: April 3, 1986 Proposed Questionnaire C. Annexation Policies 1. All annexations shall be according to State law and LAFCO procedures (choose one or more) � ..a) such annexations shall be approved by property owners of land to be annexed D . -b) The District may consider annexation of lands owned by the District or in which the District owns a legal interest D..c) the District will consider annexation of properties or land area initiated by LAFCO or by petition .. .d) annexation with LAFCO approval only Comments: p