[0:00] All right, good evening everyone. I'd [0:02] like to call this meeting to order. [0:05] So, we don't have any remote, so we can [0:09] just do this roll call orally. Okay, [0:12] Veronica, roll call, please. [0:17] » Council member Husco here. [0:20] >> Council member Flynn, [0:21] >> present. [0:22] >> Vice Mayor Hufty [0:24] >> here. [0:25] >> Mayor Taylor, [0:26] >> present. [0:26] >> We have a quorum. [0:27] >> Thank you. [0:29] All right. So, for tonight, um, we won't [0:31] do the sort of general oral [0:32] communications on things not on the [0:34] agenda until we get to the regular [0:36] meeting. So, the first item on the [0:38] special meeting is the closed session. [0:41] So, I'll open that if there are any [0:42] public comments on the closed session [0:44] item. Now is your time to speak. [0:48] So, anybody? No. Anybody online? [0:54] » Veronica. [0:56] >> Okay, great. All right. So Ben, I'd like [0:59] to close the session. So [1:02] this is your opportunity and then we'll [1:04] come call you guys and and hopefully [1:05] it'll be pretty quick. I would hope 15 [1:07] minutes or so, but um but but we'll come flag you down. [1:19] » Okay. We're gonna we're going to call [1:20] the council meeting back in session. Oh, [1:24] Katherine, do you want to report on the [1:26] close session? [1:28] Uh thank you mayor. Yes, the council met [1:30] in close session just before um this [1:33] item to discuss uh the litigation county [1:37] of Sonteo at all versus state of [1:39] California. Uh the town and all of the [1:43] cities and town towns in uh the Sanonteo [1:46] County are parties to this litigation [1:49] which is challenging the state of [1:51] California regarding the what's known as [1:53] the BLF shortfall. Uh, I have nothing to [1:57] report out of close session. Thank you. [2:00] >> Thank you. [2:02] All right, let's move on to 5A. [2:06] Do does the subcommittee want to present [2:09] anything before I open it up to public [2:11] comment? [2:12] >> Yeah, just a brief summary. [2:13] >> Okay. [2:14] >> Yeah. [2:14] >> Then you're up. [2:16] >> Okay. Well, just to re refresh folks, [2:20] um, our subcommittee was formed with a [2:23] pretty direct task of identifying [2:25] outside council other than our town [2:28] attorney to advise us in connection with [2:31] the Hawthorne's uh, property in town. [2:35] Um, we wanted to make sure that we had [2:38] council available should [2:41] we have a need to confer and understand [2:44] the town's rights with respect to MRSD's [2:48] plans for the lowerbound project and [2:52] historic complex. That's when the [2:54] decision to [2:56] uh seek alternate counsel was made. Um, [3:01] we are, uh, we're happy to report out [3:04] that we identified Bill Seligman, who is [3:08] a veteran attorney. I think he's the [3:11] town attorney for Campbell at this [3:12] point, but also has a private practice, [3:16] and he's very experienced in these these [3:18] types of issues. So, we made the [3:21] recommendation that we select Mr. [3:24] Seligman as alternate counsel for this [3:27] uh set of issues for the town where our [3:30] current town attorney is conflicted out. [3:32] So that's the setting here. Um I'll turn [3:36] it back. [3:36] >> Great. Thank you, Judith. Um any [3:38] clarifying questions for Judith before I [3:40] open it to public comment? [3:43] >> Uh yes. Um there's a budget associated [3:46] with him. No more than $10,000 for is [3:49] that for this fiscal year or or does [3:51] that include some of the costs that [3:53] might be for next fiscal? [3:55] >> Well, right now it's just to get him [3:57] started with getting his bearings um to [4:00] look at relevant documents that are [4:02] publicly available. [4:04] So, whenever he gets through that, he [4:06] has to come back and we have to [4:08] reauthorize. [4:09] >> Do you know how much has been spent to [4:10] date? [4:11] >> I personally do not. [4:15] We've not received any invoices for his [4:18] services to date. [4:21] >> Any other clarifying questions? [4:24] All right, with that I [4:28] go ahead. Yeah, no worries. [4:30] >> Um, do we know if mid I'm sorry. Um, [4:34] hang on. I might have jumped ahead. [4:37] We're on item [4:38] >> 5A. [4:40] This is the report out. [4:42] >> Yeah. Okay, never mind. my questions the [4:44] next. [4:45] >> No worries. Thank you. Okay. Um, so now [4:48] I'll open it. Is there any public [4:49] comment? So I see none in the [4:52] schoolhouse. [4:54] Is there any online? [4:56] >> We have one in there. We have [5:00] » Linda Brothers, uh, a resident of the [5:03] ranch. Um, I just wondered to what [5:06] extent you've authorized this to bring [5:09] any action or undertake any work. You've [5:12] just chosen him. Is that correct? [5:15] >> We have only chosen him and um I think [5:18] there's an agreement in place with a not [5:21] to exceed number, but that's to get [5:23] started. There's no decision or input [5:26] that we've given him other than to get [5:29] it bearings. [5:29] >> Can I ask why he's not here? Uh [5:32] specifically as to the next matter and [5:34] with all due respect, why Katherine, who [5:36] has an ethical barrier, is here. [5:39] >> You can ask. Um, I don't we didn't, [5:42] frankly, it's a cost issue. We didn't [5:44] want him to spin his wheels essentially [5:47] and spin up the cost. So, I would [5:51] imagine that as time goes forward and if [5:54] we approve additional amounts that that would be an appropriate [5:58] >> step. [6:01] Yeah, please. [6:05] Um, yeah. No, thank you for the [6:06] question. is something that um I've [6:08] considered uh in terms of you know legal [6:10] advice that wouldn't generally be given [6:12] in open session um because of the [6:15] confidential nature of it. So that would [6:17] be another reason to not have Mr. [6:18] Seligman here but ultimately that would [6:20] be a council decision. Um, in terms of [6:22] the items tonight, um, uh, as as [6:25] indicated in the staff materials and [6:27] when my firm was hired, um, my firm does [6:30] represent a pen, um, as well as post on [6:33] a variety of matters. And so that is did [6:36] create the the conflict uh, for this [6:38] situation. Um, I did give some [6:40] consideration whether I mean this was a [6:42] carryover item from a from a prior [6:44] meeting. Uh, my personal opinion is this [6:46] is a procedural item um, as opposed to a [6:49] substantive one. And so for that reason, [6:51] I didn't see a need uh to recuse. Of [6:53] course, if the council wanted me to step [6:55] out, I'd always be open to that. [6:57] >> Um, [6:57] >> thank you. [6:58] >> May I follow up and ask you that I think [7:00] I have substantive legal comments to [7:02] make on the next matter and that [7:04] appropriate then to ask if you leave [7:10] » that would be a council decision. [7:11] >> Uh, I I can wait and ask the question [7:13] then. [7:15] >> Sure. Why don't Why don't we wait for [7:16] the next one? Um I I would say that the [7:19] next one isn't about legal matters. It's [7:22] what we think a subcommittee should [7:25] start looking into to bring back to the [7:28] council [7:29] >> and it's a matter of perspective I think [7:31] whether that should include legal [7:33] matters but I'll wait till the next [7:34] item. I just want raise the question. [7:36] Thank you. [7:37] >> Thank you. [7:47] All right. Anybody else in the [7:49] schoolhouse? Don't see any hands. I [7:51] don't see any hands online. All right. [7:54] So, let me close public comment. [7:58] Bring it back to the council. There any [8:02] more comments for the sub committee? [8:06] No. Okay. Then let me close 5A and move [8:09] to 5B. [8:11] So, who's going to present this? Darcy, [8:14] is this you? Great. Thank you. [8:33] Okay, just give me a second. So, this is [8:35] an item to discuss the appointment or [8:40] potent potential appointment of a town [8:42] council ad hoc subcommittee to research [8:45] options to work directly with the Mid [8:47] Peninsula Regional Open Space District [8:49] regarding the Hawthorne's property. And [8:51] I'm Darcy Smith, your town manager. This [8:54] is just a brief presentation, a simple [8:56] background on the Hawthorne's property. [8:58] It's a 79 acre site in the Pulla Valley [9:01] town limits. It was gifted from post to [9:04] midpen in 2011. [9:07] No town permit applications have been [9:09] submitted yet. So the town has not been [9:12] formally engaged at this point. Um the [9:16] town has been informed through [9:18] conversations with the midpen staff and [9:21] action by the midpen board directors [9:23] that the SQA environmental review is [9:25] anticipated to start this year. And the [9:28] town is a SQA responsible agency. Again, [9:31] according to MidPen correspondence, [9:35] um, also important to note the planning [9:37] public access planning process led by [9:39] Midpen began about five years ago. There [9:42] was a public access working group that [9:44] met in 23 24 and the last time the [9:47] council had a session with MIDI pen was [9:50] um October 2024. [9:54] So, just a quick [9:57] update on ad hoc subcommittees and what [10:01] they're allowed to do under state law. [10:04] So, the composition is a minority of the [10:06] council, so maximum of two. It's a Brown [10:08] Act exempt subcommittee and it can only [10:11] include council members only. It can't [10:13] include staff. Um, it's advisory only to [10:16] the town council. There's no authority [10:19] and no action of the subcommittee could [10:20] bind the town. And the subcommittee must [10:24] have a specific finite assignment of [10:27] work. And for this rough estimate, [10:31] depending on what the council chooses to [10:32] assign to the subcommittee, I would [10:35] estimate is about a two or three month [10:36] duration where the subcommittee would [10:39] work and then return to the council with [10:41] a presentation similar to the one we [10:43] just had by the other subcommittee. Um, [10:45] and important to note that that [10:47] subcommittee dissolves after that point. [10:49] no formal action is required to dissolve [10:51] it, but essentially like what you saw on [10:53] the previous item, that subcommittee [10:54] doesn't exist anymore. They're not going [10:56] to do any more work. Uh so some options [10:59] that were developed and in is in the [11:02] staff report. So this is not any new [11:04] information. Um, but some options [11:07] uh because this is a an item that is on [11:10] the council agenda from a council [11:11] request is there's some options to for [11:14] the subcommittee. But I want to [11:15] emphasize that this is not work that the [11:17] subcommittee would be doing. These are [11:19] just options that the subcommittee would [11:22] be studying more or analyzing and [11:24] they're and then come back and advise [11:26] the council as to which options these [11:29] options may be other options that the [11:30] council would want to um direct any [11:34] potential subcommittee tonight to [11:36] examine and then they would report back. [11:38] So there's not going to be actually [11:39] actual work done by the subcommittee [11:41] which is important consistent with the [11:43] Brown Act. They're advisory in nature. [11:45] They study these. come back and report [11:48] again, that would likely be August or [11:50] September. Um, so that the the things [11:54] that I've heard in the community that [11:56] might rise to the level of the [11:57] subcommittee examining to whether they [11:59] would want to move that forward. Again, [12:02] separate action by the council would be [12:04] community communications, potentially [12:07] working with the midpen board at joint [12:09] meetings or forming what is considered a [12:11] Brown Act joint subcommittee. Important [12:14] to note, it would not be this [12:15] subcommittee. there' be a separate [12:16] subcommittee writing a formal comment [12:19] letter to Mid Pen, which again we have [12:21] not done at this point because the [12:23] comment letter would need to come before [12:25] the council for a vote. So, we've had [12:27] this body has had no formal [12:28] correspondence with midpen staff or the [12:30] board. Um, and there's some other [12:33] options here, including working with [12:35] Council Bill Seligman to study potential [12:38] legal options. [12:40] So, the council's consideration tonight [12:43] is fairly simple. I would suggest you [12:45] take this in two pieces. First, does a [12:48] council want to appoint tonight [12:50] a town council ad hoc subcommittee to [12:52] research the options to work directly [12:54] with midpen regarding the Hawthorne's [12:56] property? And then if yes, what specific [12:59] finite assignment or assignments should [13:02] the subcommittee work on? And it's just [13:03] really important that those are defined [13:05] tonight so that we leave this meeting [13:06] with a record of what the subcommittee [13:08] is doing. Um and then you can the [13:11] subcommittee would return back and again [13:13] that estimate is two to three months. So [13:15] August or September [13:18] and that concludes my staff report. [13:19] Happy to answer any questions. [13:21] >> Thank you Darcy. Clarifying questions. [13:27] » So just timeline I'm picking up figure [13:29] one out of your submission. Um and it's [13:36] pretty complicated. Um develop. So, I'm [13:39] looking at where we are on this. It's 26 [13:42] 27 and 27 plus. Uh, this is [13:47] uh [13:49] well, it's in the staff report, the the packet, and I'm wondering what the [13:55] next step on that timeline practically [13:58] is for the Hawthorne's MRSD. Is it SQA? [14:04] like like how far out are we from them [14:08] doing taking some action? [14:11] >> Well, so there is a board meeting [14:13] tonight where they would be approving a [14:15] SQA scope of work and contract and [14:17] budget. SQUA is slow. [14:22] So I think when I last looked at their [14:25] schedule, they were going to be working [14:26] on the project description neck. Um, and [14:30] that could be done later this year into [14:33] next year. [14:35] >> Mhm. [14:36] >> And the the next milestone in the SQL [14:39] process is that they send an official [14:40] letter out. It's called a notice of [14:42] preparation, official notice, and the [14:44] town again as a responsible agency would [14:46] get that notice and be able to comment [14:48] on it. But my best guess right now is [14:51] that would come later in the fall, [14:54] >> assuming they approved tonight. [14:55] >> Yeah, assuming they approved. [14:56] >> Several many months away. several months [14:58] away. [14:59] >> Yes. Yes. [15:00] >> Thank you. [15:01] >> Another ignorant question. When does it [15:04] do they submit for a cup? What is And [15:08] >> well, I'll just say we do not know [15:11] exactly what they're submitting for. So, [15:14] just to correct you, it could be of a [15:16] cop, it could be something else. We do [15:18] not know at this time. The notice of [15:20] preparation does list anticipated [15:23] entitlements or discretionary approvals [15:25] that they may seek again from other [15:27] agencies or they may have to give [15:28] themselves. Um, and that's a preliminary [15:31] list. It would be refined through the [15:33] SQL process, but we have no timeline of [15:36] that. Again, my best educated guess is [15:39] it's after SQA and SQA could probably [15:41] take 12 or 18 months. So, it could be [15:44] late 2027 or even 2028. But I just want [15:47] to caution, we have not received any [15:50] formal correspondence or statements from [15:52] Midpen as to what they will be [15:54] submitting or when. Can I just follow up [15:57] because I think I have a slightly [15:58] different angle on the same question [16:00] which is we as a town [16:03] have not yet been advised because we've [16:07] only just appointed the town attorney [16:10] for this set of issues um or the the [16:14] interim whatever we want to call them. [16:17] Uh Bill Sullivan has not had a chance to [16:19] advise the council right now. So, you [16:23] know, there's what MOSD thinks it needs [16:27] and we have not yet come to a conclusion [16:29] on what we need because we haven't had [16:32] that advice um or a chance to explore [16:35] that with our [16:36] >> That's correct. That's well described. [16:38] Yes. [16:38] >> Thank you. [16:42] » I I wanted to just clarify a little bit [16:44] about Bill Sutherland not having [16:46] provided us any advice. I got a report [16:50] by email, [16:52] a whole summary description. Is that not [16:56] the background? [16:57] >> If you're questioning my phrasing, my [16:59] phrasing came about because [17:02] a one-way transmission without an [17:04] ability to engage and discuss isn't [17:06] advice. It's a one-way transmission that [17:09] needs followup. That's that's where my [17:11] phrasing came from. I don't know if [17:13] Darcy had different phrasing. [17:15] >> Well, I'll just clarify for the council [17:17] and public that there's not been a [17:19] public [17:20] distribution of information from Bill [17:22] Seligman at this point. Nothing's been [17:25] provided publicly. [17:30] » Could I get further clarification on [17:32] what the decision is we're making here? [17:34] Um, if we decide to move ahead and [17:37] appoint the subcommittee, that's yes or [17:39] no. And then the finite assignment. Um, [17:42] you gave us a list of things that the [17:45] subcommittee is supposed to decide [17:47] whether or not [17:51] we that the subcommittee will work on [17:53] these items. I'm just unclear on whether [17:55] they're actually going to be working, [17:57] for example, to draft a formal comment [18:00] letter or is that something that I don't [18:02] know the subcommittee is going to make a [18:04] decision about whether that's important [18:05] to do and then the staff would and [18:07] attorney would then draft that formal [18:10] comment letter. I'm just a little clear [18:11] on unclear on how much [18:13] >> it's the latter [18:14] >> subcommittee will be doing. It's the [18:16] latter that we're expecting the [18:18] subcommittee to come back and say [18:20] potentially we think that the council [18:23] should draft a letter, but they're not [18:25] going to draft that letter or submit [18:28] that letter [18:31] because the the idea is that they're [18:33] going to come back at least that's this [18:35] is my understanding is the subcommittee [18:37] is going to come back and say, you know, [18:38] here are our options for looking at this [18:41] project and we the subcommittee [18:44] recommend and to the council the [18:46] following things that we think are [18:48] probably the right path and then the [18:50] council need to decide what path we want [18:52] to take as a full council. [18:54] >> But at this point, do we really need to [18:56] give any additional feedback than these [18:59] six items saying, you know, you should [19:01] look at all these six items and decide [19:03] if it's something to move forward with [19:04] or should we be saying, oh, all right, now I think you should work on the [19:09] form that you should maybe focus more on [19:11] this comment letter. That's what I'm a [19:13] little unclear of. [19:14] >> Well, that's the discussion. [19:16] >> I mean, I mean, I have some things to [19:17] add to this list, for instance, that [19:18] aren't on here. [19:20] >> So, [19:20] >> sort of to create a big list for them [19:22] then to take away and decide whether to [19:24] move forward with. [19:25] >> Sure. Big is a relative term here, but [19:27] yes. [19:30] Anything on your side? Clarifying [19:31] questions. We're not in discussion. [19:33] >> Yeah, I have clarifying questions. No [19:35] worries. Um [19:37] so first of all does um does anyone know [19:41] if Midpen wants to work with our [19:43] subcommittee potential subcommittee? [19:47] >> Uh [19:49] clarifying question uh that is open is [19:53] that has not been responded to as yet. [19:57] >> So Midpen has not responded. [19:59] >> Wait I I don't think the council's [20:01] authorizing the sub committee to meet [20:03] with Midpen. Right. But even even [20:06] >> we could have that discussion. [20:07] >> Well, it does say [20:09] >> joint council and midpend board [20:11] meetings, communic community [20:13] communications like like and so I just [20:16] want to clarify that this would only be [20:18] a subcommittee from the portal of and [20:20] not to talk to midpen or to talk to [20:23] midpen. [20:24] >> Well, I think like let's take number two [20:26] just I can easily phrase it. They're not [20:28] going to draft the letter. They're going [20:29] to recommend that we draft a letter. [20:31] They're not going to have joint planning [20:33] meetings. They're going to recommend [20:35] that we should have joint planning [20:36] meetings. [20:37] >> Okay. [20:37] So, there there's no interaction [20:40] between the subcommittee and midpen. [20:42] It's they're going to go through and say [20:44] here's what we think might be the right [20:46] approach and then the council needs to [20:47] decide how much we want to interact with [20:49] midpen etc. Does that help? [20:51] >> Yep, that does. So, um C, uh and could [20:55] we I recognize that right now could the [21:00] sub I mean right now we have [21:01] extraordinarily limited staff [21:05] so we don't have the staff to or the [21:07] money to do this but in case in case [21:10] there is money down the road um could we [21:15] add for the subcommittee to potentially [21:18] look at a parking management opportunity [21:21] as Well, that because uh by having [21:25] parking a parking management plan, it's [21:27] a chess move [21:30] which then you can point to Midpen and say [21:34] this your parking plan doesn't match the [21:37] town's parking plan and that's a [21:40] problem. Could we potentially add [21:43] another one? [21:44] >> Yeah. So I think when we get to [21:45] discussion that would be an example of [21:47] something that we could add to the list [21:49] that the subcommittee could [21:50] >> Great. Okay, those are my questions. [21:52] Thank you. [21:53] >> Any other clarifiers? [21:54] >> Is it possible to discuss the two [21:57] questions together? Um because for me I [22:01] don't know if I need a subcommittee [22:03] until I've figured out [22:05] whether any of those are, you know, [22:09] something we should be engaging in at [22:11] this moment. So I I I don't want to go [22:15] sequentially myself, but if that's the [22:18] way you need us to structure this, we [22:21] can. [22:23] >> No, you can you can have an alternative [22:27] approach. [22:28] >> Yes. Okay. Thank you. [22:30] >> All right. Any more clarifying questions [22:32] before I open it to public comment? All [22:34] right. So with that, um I'm going to [22:37] open up 5B to public comment. Who would [22:40] like to speak in the [22:43] What's up, man? Uh what's up is uh [22:48] I'm not comfortable with having a [22:50] conflicted council in in to issue public [22:54] comment on this because uh because if I [22:59] understand the concept of conflicted uh [23:02] council it means that uh we're not [23:05] speaking in we we are speaking directly [23:08] to to uh to MRSD and [23:13] through through council. [23:15] >> May May I [23:16] >> Yeah, please [23:17] >> have a comment. This is recorded. It's [23:20] public. There's no point in [23:23] >> I mean she can go look at it. Her her [23:25] colleagues who are working on it, I know [23:27] Katherine isn't can look at it. I mean [23:30] there there is body language. So I I [23:32] defer to you Mary, but do think about [23:35] >> Yeah, [23:35] >> I will go with wherever you want to go [23:37] on this. [23:38] >> Okay. So you're [23:38] >> I I just noticed that it has a sort of a [23:41] queasy it has a little bit funny [23:43] feeling. [23:44] >> Okay. Well, I I doubt Katherine has a [23:47] strong view, [23:48] >> right? [23:48] >> Certainly don't. And I'm I'm happy to [23:50] step out for the conversation. [23:52] >> And I think my sense is we're we're not [23:54] going to ask Katherine for advice, but I [23:56] don't mind her sitting here personally. [23:58] >> I don't either. It depends on whether [24:00] she's on, [24:03] >> but it's going to be a on the public [24:04] record. There's no confidence here. I [24:06] mean it's a recorded anybody in the [24:08] world can see this so there's no [24:10] confidence here. I mean at least as I [24:12] understand the question. So um this is [24:15] in close session. So um anyway I I don't [24:18] have a strong feeling [24:20] one way or another. I mean what's the [24:22] >> Katherine? Do you do you feel strongly? [24:24] >> I I don't but I think um I'm a big pro [24:27] I'm a big uh believer in optics and so I think it's best for me to step out and [24:31] you just come find me. Yeah. We're ready [24:33] to move on. [24:33] >> Thank you. [24:37] All right, with that I open up public [24:40] comment. Who would like to speak? [24:45] You can wait until she's fully out the [24:48] door if you want. [24:49] >> Okay, cool. Cool. Thank you, Catherine. [24:53] Um, I'm very glad that we have reached [24:55] this point. I have been patiently [24:57] waiting for today and it's finally here. [24:59] So, congratulations on getting this far [25:03] uh around. I have uh two perspectives to [25:07] offer. Um one is about the composition [25:09] of the subcommittee. Several years ago, [25:12] the finance committee um met and they [25:17] appointed a single member subcommittee [25:19] which at the time struck me as quite odd [25:22] and unusual but proved its effectiveness [25:26] um and merit. And that idea um occurred [25:29] to me this week as I was looking at your [25:32] agenda. Um remembering that Nidpen has [25:36] thus far rebuffed all of our overures. [25:39] Um that we are and we and that we are in [25:43] very early days with our attorney. Um, I [25:47] want to point out that in Judith Hesco, [25:50] we have someone who speaks his language, [25:53] thinks deductively [25:55] while keeping the strategic in mind, [25:58] keeps focused, keeps her eye focused on [26:01] the clock, which will translate to a [26:04] concern I've heard a couple of times [26:05] tonight about cost management. So I [26:08] think that for the at least this first [26:10] step forward given we had six options up [26:13] there and were I one of you I wouldn't [26:16] have I wouldn't be able to deal with the [26:18] matrix of options because I don't have [26:21] the grounding information that you need [26:23] and so what if we took the best next [26:26] step forward with a single person I [26:28] think it would be highly efficient and [26:31] then come back to the council and decide [26:33] whether a supplementary member to that [26:36] uh subcommittee is valuable. or whether [26:38] it's it's equally valuable to turn it [26:41] over to the five of you. At least to me, [26:44] that would be very grounding and I would [26:47] like to see you um [26:50] get the information that you need to [26:52] make that decision going forward. [26:54] separately. Um I before leaving the [26:57] podium, I just want to call out a letter [26:59] that you all received this afternoon um [27:02] that I got wind of this afternoon and [27:04] that that uh was posted by Nuna Cherello [27:07] with help from the town staff of course [27:10] and I thought it was really a turning [27:13] point in the conversation. Um and I [27:16] really look forward to talking [27:18] strategically with you when that's [27:20] what's on the agenda. uh because I was [27:22] very enthused and I I hope you to were [27:25] too for the pivot point that that that [27:27] letter represents. Um so for those [27:30] people in the audience that haven't had [27:32] a chance to see it yet, um take time to [27:35] read. Okay. Thanks so much. [27:37] >> Thank you. And and it is in the public [27:39] record. [27:40] Anybody else in the schoolhouse? [27:50] Uh, Linda, Linda Brothers. Um, [27:54] it's a little difficult to know where to [27:57] start here. As someone who practiced law [28:00] in this area, I've done over dozens of [28:02] projects that involved land litigation [28:05] and public groups. I was part of a group [28:09] that kept United Airlines flying. and I [28:11] was part of the group that got uh New [28:14] Orleans back in action after the after [28:18] the Katrina. These are complicated [28:21] issues, but I took one look at this [28:24] after talking to some people about it, [28:26] and there's a very clear legal approach [28:28] that you could take right now that runs [28:30] a significant chance of stopping this in [28:32] the water. Uh, and uh, I don't really [28:36] want to get into the technical details. [28:38] I'm more comfortable with Katherine [28:40] being absent, but uh because part of it [28:43] involves a little bit of legal work. It [28:45] should fit under the $10,000 that I [28:48] think you guys have allowed. And it [28:50] involves a a legal standard uh that [28:53] involves an element of surprise. I don't [28:55] want to go into it more, but it's a [28:57] no-brainer. It's like the first thing [28:59] that came to my mind. So, number one, [29:02] you know, I think that you're missing a [29:04] huge opportunity by not getting on it [29:07] right away. It's the kind of thing that [29:10] should cause midpin if they're well [29:13] advised to stop or slow down on this [29:16] project. Which brings me to your agenda [29:18] item. Uh [29:20] I think it's uh uh a big mistake to [29:25] continue to study and study and study [29:27] this document. First of all, since you [29:29] are contemplating litigation because you [29:30] have hired a lawyer, all these things [29:32] that you say start to develop an [29:34] administrative record that will be used [29:37] and everything that you say that you're [29:39] not well advised on that sounds really [29:42] good for one reason or another may be [29:45] the very thing that turns a lawsuit [29:47] against you. It may just be in the small [29:50] print in those documents. You know, we [29:52] read thousands of pages a day, lawyers, [29:54] and we see all those small print and and [29:56] you know, I wouldn't presume to be a [29:58] cardiac surgeon, Mary, but you know, [30:00] it's it's really important. So, I think [30:03] I'm not I would not be in favor of a [30:05] more steady groups. I would be in favor [30:07] of some really serious consideration of [30:10] what your legal arsons are. The thing [30:12] that I understand and know would work uh [30:16] would happen very quickly, have to [30:18] happen very quickly or you're going to [30:19] lose the window. Um, I agree with [30:21] Betsy's comment. Midpin has been here. [30:24] They came to the planning commission. [30:26] They came to the council. They didn't [30:28] respond to any of our comments. They [30:30] didn't respond in the moment. They [30:32] didn't respond any other way. And I were [30:34] I went to many of those working groups [30:36] that they had because it's right in my [30:38] neighborhood and they really didn't [30:39] respond to those. So, I think uh the the [30:43] final reason in all the work I always [30:45] did, we almost always had a a local [30:48] entity involved. Uh sometimes they were [30:50] on our side, sometimes they weren't. [30:52] Sometimes they were giving permits. Uh [30:55] we would laugh at ourselves. [30:58] We would laugh when we were in the room [30:59] and the people on the other side were [31:01] two elected members of a body because as [31:04] much as you all love each other at some [31:06] level. [31:07] >> So Linda, I'd like to ask you to wrap it [31:09] up. [31:09] >> I'd like to finish my sentence if I [31:10] could. you all will bring different [31:13] things to the table and a well-advised [31:15] party on the other side is going to that [31:17] and they're going to splat splitting you [31:19] apart and that's not in the town's best [31:21] interest. Thank you for your attention. [31:25] >> Thank you. [31:27] >> Please. [31:33] » Hi, I'm Lana Norris. I live in Porta [31:35] Valley Ranch. Um, [31:38] >> I was really really pleased to see that [31:40] uh we've hired an attorney. I have felt [31:43] for a long time that it's the legal [31:45] arena where things are going to get [31:48] resolved and hopefully favorably to the [31:51] town. I have for a long time been very very concerned about Midpan totally [31:56] ignoring our town's values, its culture, [32:00] uh its its concerns. Uh, and I'm going [32:04] to give a little bit about my experience [32:06] over the last couple of years that has [32:08] led me to believe that Midpen's goal is [32:12] access, access access, access access for [32:14] the public and not carrying one wit [32:17] about our community. They're they are [32:21] planning overdevelopment. [32:23] The parking lot is probably exhibit one [32:27] of the overdevelopment. [32:29] I have no experience with SQA. I have no [32:31] experience with land use. I have no [32:34] experience with any of that. I do have [32:36] an experience, a lot of experience in [32:39] contract law. I was an attorney. I [32:41] practiced for 40 years. I have drafted, [32:45] I have interpreted, I have enforced BOKU [32:48] contracts. I knew Max Gutierrez really [32:51] well. He was a colleague of mine, a [32:53] friend of mine. Max Gutierrez is the [32:56] attorney who represented Mr. Woods, the [32:59] original owner of the Hawthors. [33:02] It was Max Gutierrez who was making sure [33:05] that Mr. Wood's desires would be carried [33:08] out. I knew Max. I respected him. He was [33:12] a wonderful, wonderful, wonderful man [33:14] and attorney. And he would do everything [33:17] to make sure that his client's wishes [33:19] were protected. I will say now, it is [33:22] absolutely clear to me that Mr. Wood's [33:26] wishes are not being followed in what [33:29] Mid Pen is planning on doing with the [33:33] Hawthornes. As you know, [33:37] Mr. Woods left the Hawthornes to Post [33:41] Peninsula Open Space Trust originally. [33:45] Okay. Then after some time, the property [33:49] was transferred by post to midpen. [33:52] Midpin has an absolute obligation [33:55] to follow the terms of the conservation [34:00] easement that Max Gutierre has drafted [34:02] on behalf of Mr. Woods, the original [34:05] granter of the property. [34:08] The problem is not just mid pin. The [34:12] problem is also post. [34:16] Okay, post. And I'm speaking now [34:20] probably to the attorney I presume is [34:23] not here but the attorney we have hired [34:26] because here's the problem. [34:29] Midpen wants access as much as possible [34:32] to the hawthors. When midpen wants to do [34:35] something it goes to post because it's [34:37] post who has the legal obligation to [34:39] enforce the terms of the easement. [34:43] Now, a few times post said no to a few [34:45] things mid pen wanted to do. Most of the [34:48] time [34:48] >> I'm going to have to ask you to wrap it [34:50] up. The times are seated. [34:52] >> Uh, may I have your indulgence for just [34:54] a bit more, please? [34:56] >> Yes, we do try to keep them to three [34:58] minutes though. So, if you can wrap it [34:59] up, please. [35:00] >> I will try to wrap it up. Okay. Let me [35:03] tell you about post. [35:06] I spent [35:10] more time than I care to think trying to [35:13] get post to tell me how what MidPen is [35:16] doing complies with the easement. They [35:17] never did. I scheduled an in-person [35:20] meeting. Actually, it was by remote, but [35:23] I tried to get in person with the [35:24] president of Post and the attorney who [35:27] advises Post. I asked them specifically [35:30] how what Midpen is doing complies with [35:32] the easement. They couldn't tell me. All [35:34] I heard from Post attorney was well, [35:38] it's for public access. That's the [35:41] overriding concern. So what they are [35:44] doing, what Post is doing is subsuming [35:47] everything, everything, every [35:49] consideration to more and more public [35:52] access. Why are they doing that? I don't [35:54] know. But it's illegal. They it is [35:56] illegal what they're doing. They are not [35:58] enforcing the easement. And our attorney [36:02] needs to, I think, emphasize what post [36:05] is not doing and not meeting its legal [36:08] obligation. It's not just mid pen. [36:10] >> Thank you. [36:13] >> All right. Who's next? [36:23] » Welcome. [36:25] >> Hi there. Nancy Powella and I live on [36:27] Canyon Drive [36:29] and I've lived in town 46 years and I've [36:32] been an attorney for 50 years. Um, and I [36:36] joined with the my fellow council here [36:38] and I have to say the level of arrogance [36:42] that I've seen with MIDI pen is [36:43] astounding. And for those of you who [36:46] were also at the last um mid peninsula [36:49] board meeting where I spoke and I even [36:52] commented to the board on the level of [36:54] arrogance that I thought they had. One [36:56] of the concerns that I have is that I [36:58] want to make sure that we try to follow [37:01] an aggressive approach like the pre two [37:04] previous speakers have suggested. I [37:07] think right now Cortola Valley has just [37:09] been sitting on the sidelines and Craig [37:12] with all due deference to your speaking [37:14] at that board meeting. You made it clear [37:16] to the Midpen people. In fact, I believe [37:19] your words were that the town wants to [37:21] work with them. We're all going to be it [37:23] was all a happy kumbaya thing. We are [37:26] past happy kumbaya. [37:29] And and to me, I mean, the question of, [37:32] well, why is Mid Peninsula trying to [37:35] promote this big parking lot and and [37:38] ignoring all of the rule and all the [37:40] guidelines of our town? To me, it's [37:42] pretty simple. They miss the boat in [37:45] setting up enough parking for mid for [37:47] the Windy Hill open space. What they [37:49] figure they can do is they can have this [37:51] big parking lot. They can suggest to [37:53] people they park there. They can walk [37:55] along Alpine Road. They can divert into [37:59] Sweet Springs Trail, loop around to Deer [38:01] Path, connect around along Alpine Road, [38:05] and voila, they have an even longer, [38:07] lovelier loop than they thought they [38:08] were going to have. So, to me, it's just [38:11] um there it's an offiscation of looking [38:15] to have a bigger windy open windy hill [38:19] open space parking lot. So [38:23] since the issue before us I believe is a [38:26] subcommittee issue, what I'd like to [38:28] suggest is that the subcommittee be [38:30] composed of people who are open to [38:33] looking at perhaps some the legal issues [38:37] that have been suggested or even [38:40] obliquely. And I think it needs to be [38:43] someone who is willing to stand up to [38:45] mid- peninsula open space. And perhaps [38:48] we do a perhaps in the good guy bad guy [38:52] framework. Craig can still be the good [38:55] guy and be the nice guy who wants to [38:57] talk and be kumbaya with mid peninsula [39:00] open space. But I think we need someone [39:02] who's going to be willing to stand up to [39:04] mid peninsula and say we are not okay [39:08] with you ignoring our values. [39:11] ignoring ignoring the fact that they [39:13] have acquired a residential parcel of [39:16] property a residential parcel of [39:18] property. They are not entitled to do a [39:21] huge parking lot under that framework [39:24] and I've run out of time. So [39:26] >> thank you. [39:29] Who's next? Please [39:40] » welcome. Hi, I'm Leslie Crease. I live [39:42] at One Winter Creek in the ranch. Um, [39:46] and I'm here tonight because I'm very [39:48] concerned about this council's strength, [39:52] ability, and backbone to defend the [39:53] ranch in this situation. We are a [39:56] community of 200 and some homes, 200 and [40:00] some voters and I'm really concerned [40:02] that we are going to get run over by the [40:05] Hawthorne because this group tends to [40:08] come across as a group who is [40:11] cooperative and wants to, you know, kind [40:13] of sing Kumbaya with with Midpen. And [40:16] Midpen, from what I've watched, does not [40:20] particularly like you guys. They don't [40:22] dislike you guys, but um they're out. [40:25] They understand their mission and their [40:27] goal is to build their park and not to [40:30] worry about our residents. That's you [40:32] guys. And I'm worried about the ranch [40:35] getting run over from hikers on sweet [40:38] springs to people, you know, on trails [40:42] to dog doodoo in my yard to people with [40:47] kids jumping in the creek in my yard. I [40:49] cannot fence off my yard. Um, I cannot [40:52] do anything to keep people who let their [40:55] dogs through in my yard. I found people [40:58] with kids, [41:04] right? And um they're like, "Why should [41:07] we get out of your creek? It's public [41:09] land, your piece of the creek." Um, I [41:13] worry that this team is not going to [41:16] support us, not going to back us up, and [41:19] not going to protect us. Anyways, [41:23] thank you. [41:24] >> Thank you. [41:27] >> Anybody else in the schoolhouse? Yep. [41:29] Please. [41:37] » Welcome. Thank you. Um, my name is [41:40] Charles Moroni. I live in Portola Valley [41:42] Ranch. Um, I'm not an attorney, so I [41:45] can't give you any legal advice. I've [41:47] been going to these POG meetings for or [41:50] the first Midpen meetings for five [41:52] years. Um I live adjacent to the [41:55] Hawthornes [41:56] and have been talking to Midpin board, [42:00] their POG, all the right people, all [42:03] their managers for the last five years. [42:06] They don't respond to anything. No [42:08] suggestion, no, hey, this doesn't look [42:12] reasonable. [42:14] Something that's not reasonable that [42:16] they started from the very beginning was [42:18] the insistent on a 50 to 75 par car [42:21] parking lot. And if you look at our [42:25] adjacent um uh open spaces, Rostadero [42:30] and Windy Hill, they both have [42:33] approximately 40 to 50 car parking lots. [42:37] They both attract [42:39] 180,000 visitors per year. [42:43] So now you're talking about something [42:45] that is 65 acres, has a mile and a half [42:48] of trails, and you want to put the same [42:51] size parking lot there. I've mentioned [42:54] this multiple times, and the response is [42:58] no parking lot, no project. [43:02] So that's what you're dealing with from [43:05] midpen. It's sort of a passive [43:07] aggressive bully. So they have a vision. [43:10] I don't know what's motivating them for [43:12] that vision. It may be what someone has [43:14] already mentioned, but um it's really [43:18] not what they're planning is not really [43:20] in the best interest of Valley. If you [43:23] look at our general plan from many years [43:26] ago, there are trails that go through [43:28] and then connect to Sweet Springs and [43:30] other places. [43:32] They used that and said, "Hey, the town [43:34] has already agreed to this, so we should [43:37] attach our trails to these trails." That [43:41] was when there that if you look at that [43:43] document, there was one house on that [43:46] property and the concept was to allow [43:49] open space. There was also a plan to [43:53] have other residential houses built [43:55] there that the Woods had gotten approved [43:57] when I moved in. something like h a [44:00] dozen homes, right? There's a big [44:02] difference between a dozen people living [44:05] in their homes utilizing all the trails [44:08] and 180 thou 180,000 visitors per year. [44:14] So that's the concern. That's why when [44:17] they wouldn't listen to me at all, we [44:19] went to the neighbors. We got [44:23] 195 signatures from uh Portola Valley [44:27] Ranch residents. We've got one over 100 [44:31] of the 200 homes participated in that um [44:36] petition to say, "Hey, we don't want the [44:38] connections to our trails. We don't want [44:41] a 50 car parking lot next to us." That's [44:44] never been the plan. that at least got [44:47] their attention, but obviously they've [44:49] continued to move through. So I I I [44:52] think that's that gives you a vision of [44:54] what you're dealing with or what your [44:55] subcommittee is going to deal with. And [44:57] I think at the end you're going to say, [44:59] "Oh, they don't want to work with us, [45:01] right? So I don't know what the [45:02] alternative is after that, but I don't I [45:06] think you're going to get a passive [45:07] aggressive response is like, well, we'll [45:09] move through. We'll finish SQA and then [45:11] we'll come back to you." So thank you. [45:14] >> Thank you. Anybody [45:17] else in the schoolhouse? [45:20] All right. Seeing no no other hands in [45:24] the schoolhouse, let's go online. Ed, [45:27] you're up. [45:33] » Welcome, Ed. [45:34] >> Hi. Yeah. Can you hear me? I'm using my [45:37] phone and I'm not familiar with Zoom on [45:39] the phone. [45:41] >> Can you hear me? [45:42] >> We can. [45:43] >> Very good. Um, yeah, I was expecting [45:45] this to be a little more of a practical [45:47] discussion meeting uh rather than the [45:50] legal discussion. Notwithstanding, I [45:53] will certainly echo the comments I've [45:55] had and experience I've had in the um [45:59] difficulty and challenging communication [46:00] we've had with getting any of uh the [46:03] concerns or preferences [46:06] um or local knowledge shared with Mid [46:08] Pen or any feedback from them. Um so I'm [46:11] definitely echoing uh what the prior [46:13] speakers have said. What I will say is [46:16] that in any further consideration [46:19] um both the access to the site and the [46:21] influence the sphere of influence on the [46:23] remaining neighboring parts of Pongal [46:26] Valley do have to be considered in terms [46:28] of safety and so any working group that [46:31] is established or is not um should [46:33] include a very strong consideration of [46:35] public safety and traffic safety. Um [46:38] that's really my comment. Thank you. [46:41] >> Thank you, Ed. [46:43] Dave Cardinal. [46:47] » Sure. Thanks. Um, I was kind of [46:50] surprised by the tone this whole thing [46:52] took. Um, for starters, I was hoping we [46:56] had a town where not everything had to [46:58] be a lawsuit. But um going back to the issue at hand um our general plan [47:06] says that the reason we get to be [47:08] special and not have all the things high [47:13] density housing is because we are [47:16] sharing our resources and the Hawthornes [47:20] is a resource and people want to come [47:24] there and it has a lot of acres and um I [47:28] don't think we get well I hope we don't [47:31] get to just say go away um leave us [47:35] alone so that leaves us in into what's a [47:39] responsible plan now I think from what [47:43] I've been to lots of meetings I think we [47:46] pull valley have what in curling has [47:48] called the hammer and that they can't do [47:51] anything without permits so I don't [47:54] think we have to be I don't [47:59] nashing of teeth about things. We can [48:02] decide what we think is right. Um I [48:06] believe their phase one plan is 30 [48:09] spaces for parking. I also believe the [48:12] ASC has strongly recommended it be over [48:15] by Los Tranos [48:17] um for a variety of reasons. I think we [48:20] can if those are both true and we can uh [48:25] have the hammer. We should just like [48:28] chill and negotiate those and put the [48:32] parking at whatever size we think it [48:34] needs to be wherever we think it needs [48:37] to be. And um I don't know, you know, [48:40] mid pen is a megalith and all that, but [48:43] at the end of the day, we can hold firm [48:47] and just say here's what we want and [48:50] that's what a subcommittee or a lawyer [48:53] or whatever could do. I don't um [48:58] I don't think it's super complicated. I [49:00] do think the connection to portal of a [49:03] ranch is complicated because some people [49:05] want it, some people don't. Um, the [49:08] exact scale of the parking is [49:10] complicated, but I'm pretty sure it [49:12] could start small. I don't I think [49:14] they've already scaled it back for a [49:16] phase one. Um, and just say what we [49:19] want. I mean, just spit it out and say, [49:21] "We want you to be here or there or [49:24] whatever." And I think we just don't [49:27] approve the project unless they do what [49:30] we want. Um, but we need to do something [49:34] in keeping with the charter because [49:36] people want to come here and experience [49:38] our wonderful world and that's part of [49:40] why we're who we are. So, thank you. [49:44] >> Thank you, Dave. All right. Anyone else [49:47] online? [49:49] One last call. Anybody else in the [49:51] schoolhouse? All right. I'm going to [49:53] close public comment. [50:18] I might like to go first. [50:20] >> All right, Mary, why don't you go first? [50:23] >> That way, maybe I'll get two bites at [50:25] the at the cake. [50:27] >> How are you going to get a second one? [50:28] This is it. [50:29] >> I'm just telling you, I'll be as good as [50:31] I can be. Uh, and I don't have a three [50:33] minute limit. [50:35] Uh I have been the leazison to MRSD for [50:38] the last 18 months. I've taken this [50:42] responsibility extremely ser [50:49] » still off trying to make connection with [50:54] uh with MROD in in many many ways uh [50:58] including attending including bringing u [51:01] multiple uh [51:04] board members to the site including um [51:08] writing letters asking for uh feedback [51:10] back asking for specific information. Uh [51:14] and uh of course they and I visited all [51:18] the sites. I certainly heard all the [51:21] stories that we've heard thus far. Um [51:25] and including the story of um [51:30] we two things there's no project if we [51:32] don't have pro of parking and two uh we [51:37] will not reconsider the historic uh [51:40] project. So the position of MRST has [51:44] very been clearly been from the very [51:46] beginning that the Hawthorne's [51:48] of historic district was not on the [51:50] table for this conversation or for [51:54] any foreseeable time from their point of [51:56] view. So um that has led to considerable [52:01] amount of frustration. The current [52:04] status for me what my ask was uh is I [52:09] have asked how many what their standard [52:11] is for number of miles of trails per [52:13] parking space. Uh and I'm still waiting [52:16] for that number. I thought that was a [52:19] reasonable number to ask and I I'm [52:22] seeing shaking of heads and I don't know [52:24] which of uh which of these are incorrect [52:27] but uh I feel that I have done both the [52:32] uh nice guy thing and I've been uh [52:35] strong when I thought I needed to be [52:36] strong with them. Uh and I've always [52:39] only spoken as an individual. Um my uh [52:44] hope is it first of all I think there's [52:47] two things about this. Uh I was assigned [52:49] to be the lison. I was honored and [52:52] excited about it. I could have gone back [52:56] and said and so what does it mean to be [52:58] the lison and how hard do I have to [53:00] work? uh and I uh would say that going [53:04] forward the less on MSD needs to have a [53:07] very specific limits to their authority [53:10] and interest and not they have any [53:13] authority but to the the an [53:16] understanding of what the time [53:17] commitment is is uh and what uh what [53:23] they can do in the setting where all the [53:25] meetings conflict the town council [53:27] meeting. Um [53:29] so that's one thing that I would ask. I have uh a specific ask that I have [53:37] thought of over today actually which is [53:40] that um [53:44] that the leison [53:46] uh continue as such and it could be me [53:49] or it could be someone else but that [53:51] there would be an agreement or request [53:54] to MRSD that that person be allowed to [53:57] meet weekly [53:59] uh with MRSD and would report by monthly [54:03] to the council as to what kind of [54:08] information is coming coming back and uh [54:13] that would make this job doable. Now, [54:17] it's not something that I would have [54:19] designed myself and I don't believe I've [54:22] done that, but I've been darn close to [54:24] it. Uh although I haven't reported back [54:27] to the council uh but I try at least [54:31] weekly to make a contact at MOSC. [54:34] >> So So Mary, is this a [54:36] >> comment? [54:37] >> Well, right, but is this a you're making [54:39] recommendation that the subcom [54:41] >> I'm trying to inform you as a [54:43] >> I understand, but I'm trying to keep [54:45] this on the agenda item. So is this a [54:48] proposal for the ad hoc committee to [54:50] consider? [54:51] >> I think this is just information. In my [54:53] estimation, this is information that you [54:55] need to have on making the decision [54:58] about whether we need to have a [55:00] subcommittee or not and whether there's [55:02] room for a subcommittee to operate in [55:04] this context. [55:06] I personally believe that and I could be [55:10] dissuaded by I'm looking forward to [55:12] hearing all the comments of uh the rest [55:15] of the uh committee the uh council but [55:19] um [55:21] I pretty much feel like it's not time [55:24] for a [55:26] subcommittee [55:29] that isn't any help but I do think [55:31] there's a t it's a time for us to have a [55:34] clear mandate as to what the llays on is [55:36] supposed to be getting out of MSD and [55:39] that needs to be communicated to MSD. [55:43] >> Okay. [55:45] So, [55:46] >> so what I think I'm hearing net netted [55:48] out is you're not in favor of creating a [55:50] so [55:51] >> I'm not at this point because we're [55:53] talking about a threemonth uh basically [55:56] it's just going to stall us. We're not [55:58] going to be able to do any of the big action things that we're talking [56:04] about because we're we're not going to [56:06] even return for till three months, which [56:08] is the thing that happens. Nothing [56:10] happens for three months. Um you get I'm [56:13] talking about every two weeks you're [56:15] going to hear back from the Lison what's [56:17] happening when do we need a subcommittee [56:20] now? Do we need to do have an action? [56:22] But right now there's there's no there's [56:25] nothing happening. We haven't gotten any [56:27] of the basic communication lines set [56:30] yet. [56:32] >> Okay. Thank you. Who would like to go [56:34] next? [56:39] » How about you? [56:45] » Um [56:47] I actually have a question of staff [56:49] first. Um and I know we were supposed to [56:52] but [56:53] >> Oh, good. Um, Darcy, I need to ask. So, [56:56] for instance, if we requested a joint [56:59] council and midpin board meeting, um, if [57:02] we wanted to write a letter, it would [57:05] not need to go through a subcommittee. [57:07] Is that correct? Or [57:11] I don't think you could request that as [57:15] part of this agenda item because this [57:18] agenda item is just to create this [57:20] subcommittee. [57:20] >> But I meant for down the line. down the [57:23] line [57:23] >> we can do it without a subcommittee [57:25] right once it was [57:26] >> agenda. So as you know there is a [57:29] process for a council member to request [57:31] through the town manager that an item be [57:34] agendaized. That's essentially how we [57:36] got here tonight. There's also the [57:38] colleagues memo and for those of you who [57:40] need a little more clarification that's [57:41] an adopted resolution of the town [57:43] council that lays out how a town council [57:45] member can request an agenda item. So [57:48] again, how we got here tonight, that [57:51] would be an alternative [57:53] to request, for example, that specific [57:56] item that be on the agenda and then the [57:58] council gave direction to [58:01] tackle that discrete item. This item [58:04] came about because there were lots of [58:06] ideas out there and so agendaizing kind [58:08] of each one of these separately or kind [58:10] of in a group might be challenging. [58:13] >> Okay, thank you. [58:15] Um [58:17] okay so a couple of things um I will go [58:20] back to [58:22] um I'm not you know I am concerned that [58:27] what we can do it um you know I want to [58:31] build good fences with our neighbors [58:33] right um and our neighbors are mid pen [58:37] however that said you know their annual [58:40] budget last year was $94 million [58:44] and um and you know [58:47] 10 times plus what our annual budget is. [58:51] Um they are a large [58:54] uh open space agency. I appreciate them. [58:58] They do a lot of good work. Um but their [59:01] mission is to provide open space access [59:05] to to [59:07] the you know to the anyone and everyone. [59:11] Um, and I will also say that along with [59:14] that, when I've talked to them about [59:15] parking situations, [59:18] they are all about driving [59:21] like having big parking lots to provide [59:25] free access. Um, and that, you know, um, [59:29] and I have appreciated that, but also [59:32] have been concerned by that stance. Um, so should you know [59:38] and then the idea of the Los Tranco side [59:42] which I thought seemed reasonable. My [59:44] understanding is the Los Tranco side to [59:46] do an access point at that is unsafe [59:49] because of sight lines. Um, so how do we [59:53] make this work with the town and with [59:56] Midpin and what pressure points can we [59:59] potentially apply? Right? Obviously [1:00:02] litigation is one of them which um and [1:00:06] then we would go to litigation that we [1:00:08] don't have much money and we'd probably [1:00:10] end up at the same point right if we do [1:00:14] go to litigation potentially. Um so that [1:00:18] concerns me also because of our limited [1:00:20] financial [1:00:22] um [1:00:24] uh u situation. [1:00:28] So, you know, obviously I would prefer [1:00:30] something like a, you know, to do a [1:00:33] formal letter to them to do a a the soft [1:00:38] or um [1:00:40] uh joint board meetings. I'd really, as [1:00:44] you I keep beating a dead horse at this [1:00:47] point. I'd really like a parking master [1:00:50] plan because then what in my experience [1:00:52] in dealing with mid pen is when there is [1:00:55] something in print that you can point to [1:00:57] that says this does not match this your [1:01:01] idea. Um [1:01:04] so so because you know I personally want [1:01:08] a park a parking master plan. So, I'm [1:01:11] not in I'm not in favor of an ad hoc [1:01:14] committee because I think that we could [1:01:16] do this just um the council can work on [1:01:20] these areas without an ad hoc committee [1:01:23] personally. So, that's my opinion. Thank [1:01:25] you. [1:01:26] >> Thank you, Helen. [1:01:28] Rebecca. [1:01:29] >> Um so, I've taken a bunch of notes while [1:01:32] I've been listening to everybody's [1:01:33] comments and thank you for coming to [1:01:36] provide them. Um, [1:01:39] I I guess I tend to agree a little bit [1:01:41] with Helen in her last comment about the [1:01:45] need and the necessity for a [1:01:48] subcommittee to go away and explore [1:01:50] these six options plus a few more um and [1:01:53] then come back. [1:01:56] >> Oh, what did you say? I said I agree [1:01:58] with what Helen just said that the idea [1:02:02] of having a subcommittee to go to one or [1:02:04] two people from our group of five to go [1:02:06] away and spend two to three months [1:02:08] talking about whether or not we should [1:02:09] move forward with these six plus three [1:02:11] or four more items to me doesn't make [1:02:14] that much sense. We're not talking about [1:02:17] huge numbers of things. I mean, it seems [1:02:19] like the five of us could just agendaize [1:02:21] this um for the next meeting or whenever [1:02:24] we have time on our agenda and talk [1:02:26] about what we think the next steps might [1:02:28] be. I've heard a lot of people saying [1:02:31] that M uh MRS OSD has been very [1:02:34] difficult to work with. They are huge um [1:02:38] Goliath, if you will. they have a ton of [1:02:40] public money. Um, [1:02:43] and that it's difficult to get them to [1:02:47] um, [1:02:48] communicate with or to to listen um, [1:02:53] >> answer questions, right? I mean, I [1:02:56] haven't had that experience personally. [1:02:58] I mean, I I have had um, discussions [1:03:01] with some of the board members and [1:03:04] they've been pretty open to things, but [1:03:05] that was on other projects. So, [1:03:07] >> so Rebecca, I'm just going to ask. We [1:03:09] have less than 15 minutes to wrap this [1:03:11] item up. Judith need to speak and I need [1:03:13] to speak. So, [1:03:15] >> how come I'm always the one that gets [1:03:16] cut off? [1:03:17] >> Because it's now 13 minutes till [1:03:19] >> you should have said that, you know, two [1:03:21] minutes, five minutes ago when Helen and [1:03:23] Mary were talking. [1:03:24] >> Okay. So, Rebecca, I thought I heard you [1:03:25] say that you weren't in favor of this. [1:03:28] And so, if you're not in favor of it, [1:03:29] then I think we can move on because you [1:03:33] sort of stated your position. So, I [1:03:34] mean, finish up, but just understand [1:03:36] that we're we're getting close to [1:03:37] running out of time. [1:03:39] >> Um, well, let me rethink my my thoughts [1:03:43] since you interrupted. Um, [1:03:50] I I think the subcommittee raises [1:03:52] problems in the fact that we have a [1:03:54] liaison, we have an alternate liaison, [1:03:57] and now we're talking about adding [1:03:59] having an subcommittee that may or may [1:04:01] not include those two individuals. So [1:04:03] now we're talking about possibility of [1:04:04] having four out of the five of us being [1:04:07] somehow already involved with midpen. So [1:04:09] in that respect, I don't um I I would [1:04:12] say no. I'd say agendaize this as an [1:04:16] item to come back and talk about it. I [1:04:18] do want to mention one thing is I'm a [1:04:20] little concerned about um Commissioner [1:04:22] Brother's comments about there being an [1:04:24] urgency in terms of our legal options. [1:04:28] And so I think we need to understand [1:04:33] What needs to happen for us to consider [1:04:35] these options? Does the does Linda need [1:04:38] to sit with the town staff and this town [1:04:42] attorney to kind of discuss that to see [1:04:45] what these are? Whether it is an option [1:04:46] for us to discuss or you know what is [1:04:49] the next steps for for kind of providing [1:04:53] some urgency outside of our discussion [1:04:56] on these items. So that's kind of one of [1:04:59] my comments. [1:05:02] Um, [1:05:05] yeah. I mean, that's where I'm not in [1:05:06] favor of it to be honest. I am in favor [1:05:08] of [1:05:10] come back to us. [1:05:14] » Thank you, Judith. [1:05:17] >> Okay. Um, [1:05:19] preliminary comments. Um, this is [1:05:21] extremely complicated given that we're [1:05:24] getting out of the box on our own legal [1:05:26] advice for the town and don't know [1:05:29] exactly where that's going to lead. Um, [1:05:32] this is a complex negotiation and I view [1:05:35] it as a negotiation because they are our [1:05:38] neighbors and they will impact us. Um, [1:05:41] you have the woods intent, you have [1:05:43] post, you have MOSD, you have many [1:05:46] documents and and authorities with with [1:05:49] which the town may be able to create [1:05:52] leverage, but we do not know what they [1:05:53] are yet. So I and I take the comment [1:05:58] that every single thing we say in public [1:06:00] right now is going to come right back at [1:06:02] us if we're unwise in letting the scope [1:06:05] of these discussions get ahead of our [1:06:08] knowledge base right now. So for me it [1:06:12] boils down to taking time to better [1:06:15] define what do we want. The open space [1:06:17] committee has has done a lot of work on [1:06:20] concerns of what we don't want and we've [1:06:23] got some thoughts on what we do want. [1:06:25] What are our um leverage points? What are our legal points of of [1:06:30] leverage? Even if you don't assert them, [1:06:33] you you should know what they are before [1:06:35] you engage in discussions with somebody [1:06:38] else so you you don't waste time among [1:06:41] other things. Um, and then how do we set [1:06:44] up the best discussion with MOSD today? [1:06:49] I can't say that forming a subcommittee [1:06:51] is going to help. I think a lot of the [1:06:53] comments that have gone on before make [1:06:56] sense to me. Um, I want to I think we [1:06:59] should come back. Um, I think the [1:07:02] liaison should continue that role. [1:07:04] There's no reason to disrupt it. I would [1:07:06] caution that um being careful with what [1:07:10] we say until we are well advised legally [1:07:14] is critical. So we have to be very [1:07:17] disciplined. Um so I would not form the [1:07:20] subcommittee right now. I would once the [1:07:23] council in whatever way it does gets [1:07:25] their bearings on their legal rights [1:07:28] visav that um uh parcel. Um, and I don't [1:07:34] want it to take forever. We should [1:07:37] reconvene and discuss because these are [1:07:39] good ideas. They're just premature and I [1:07:43] can't support them yet because I just [1:07:45] feel like I'm supporting a a concept, [1:07:49] not a strategy. So, I would wait on it [1:07:53] myself. [1:07:55] >> Thank you. [1:07:57] Um so in listening both public comments [1:08:00] and my fellow council members [1:08:04] I actually still think the subcommittee [1:08:06] is important to gather information and [1:08:08] put it in a form that we can understand [1:08:10] it. Um I not happy with two or three [1:08:13] month that takes too long. I would like [1:08:15] it to happen sooner than later. Um but I [1:08:17] think it's important if we're going to [1:08:19] move thought if we're going to move [1:08:20] forward that we do it thoughtfully. And [1:08:22] if we're going to do it thoughtfully, I [1:08:24] think we need to gather the right kind [1:08:26] of information. And one of the places I [1:08:28] would start is we had a town manager [1:08:31] committee that was working indirectly [1:08:33] with the POG and they have a lot of [1:08:36] correspondence that go back and forth [1:08:38] with questions. We've got, you know, [1:08:40] letters from the trails committee. We [1:08:42] have letters from the open space [1:08:43] committee. So I guess my hope was that [1:08:46] we would have a subcommittee that would [1:08:47] help sort of bring those things [1:08:49] together. [1:08:50] Come up with it. So that's one piece. [1:08:53] Come up with some timelines to really [1:08:55] understand when are the important times [1:08:57] that we need to weigh in. One of them [1:08:59] may be Linda's point about you know [1:09:01] there's an urgency. So maybe we need to [1:09:03] do something with staff. then there's [1:09:05] going to be some other sort of periods [1:09:07] where we're going to need to make sure [1:09:08] that if we're going to weigh in that we're there and sort of um dealing [1:09:13] with it. The next one is, you know, what [1:09:16] is post responsibility? Really [1:09:17] understanding, you know, to that [1:09:19] question, you know, what should Post be [1:09:21] doing and should they really be [1:09:22] enforcing this easement? Um I think some [1:09:25] of us feel like maybe they're not. Um [1:09:27] and then the last public comment I heard [1:09:28] was, you know, should we consider what [1:09:30] are the public safety concerns and [1:09:32] getting those things [1:09:34] put together in a more coherent package [1:09:37] so that it could come to the council and [1:09:39] we could have an informed discussion. I [1:09:41] think it's important. I'm a little [1:09:43] hardressed to see how that's going to [1:09:46] happen by just us meeting and and [1:09:48] chatting about it at the DAS. I I don't [1:09:50] find that to potentially be a very [1:09:53] successful. So I I think I'm hearing [1:09:55] four nos and one yes, but but it still [1:09:58] doesn't feel like the right answer to [1:10:00] >> um [1:10:01] so how do we get there? Um, we've done 2 [1:10:05] by two by one consults with experts [1:10:07] before. I think we do that with the [1:10:09] council members. I have a number of [1:10:11] questions. I'm sure everybody else does [1:10:14] so we can get our own thoughts clarified [1:10:18] before we come together. If we do not [1:10:20] understand the legal framework, you [1:10:23] reaching out and you're publicly talking [1:10:25] with all these people. Getting [1:10:26] information is one thing, but frankly, I [1:10:28] feel like I've gotten information [1:10:30] overload and I've been paying attention [1:10:32] and I have a decent amount of feeling. [1:10:34] That's that's why I'm not sure that [1:10:37] effort is really worth it. And to [1:10:39] Rebecca's point, I think four out of [1:10:42] five of us being already engaged is [1:10:45] probably unwise at this point. I would [1:10:47] probably be open to it once I have the [1:10:50] ability to consult and get a better [1:10:52] understanding of the legal parameters [1:10:54] we're dealing with and you know I would [1:10:57] ask that attorney to give us a sense of [1:11:01] you know what's appropriate public [1:11:02] comment what where to be watching on [1:11:05] your public comment um people need to be [1:11:07] reminded of that and I would benefit [1:11:10] from that from him so that's the reason [1:11:13] um I'm not saying never I just think [1:11:15] right now it's Not right. [1:11:17] >> Okay. And I actually wasn't Can I [1:11:19] actually finish my com? [1:11:20] >> Oh, I'm sorry. [1:11:21] >> No, that's all right. I I just, you [1:11:22] know, No, no, it it happens. Um, so so I [1:11:26] think there's some other important [1:11:27] things here. I [1:11:28] >> I think making sure that we follow the [1:11:32] general plan and Midpen follows the [1:11:33] general plan. I think it's important. [1:11:35] >> I think I think what I'm hearing from [1:11:37] you is understanding, you know, kind of [1:11:39] what our legal leverage is with Midpen. [1:11:42] you know, like if if we're going to go [1:11:44] forward, you know, what approvals do [1:11:45] they need from us? What are those [1:11:47] situations? Um, so I think I appreciate [1:11:51] all that. I also think that there are [1:11:52] neighbors and I that's the other thing [1:11:53] for us to remember. So I think that [1:11:57] working hopefully with them, but I I [1:11:59] mean I listen, I talked to them. I felt [1:12:02] like they didn't really give my [1:12:04] conversation much, but that's the way [1:12:06] you still work with your neighbors. You [1:12:07] don't just decide that you're going to [1:12:09] attack them. You still try to work with [1:12:11] them. That doesn't mean that you just [1:12:12] say, "Oh, well, if you don't want to do [1:12:13] what I want, I'm not going to do it." [1:12:16] You can, we can press them. And I think [1:12:17] we actually have a lot of leverage to [1:12:19] press them. So, I'm comfortable. If we [1:12:23] don't want to do the subcommittee now, [1:12:25] I'm I think Judith, what I heard you say [1:12:28] is when you say get your bearings, this [1:12:30] is mostly legal bearings. Is that [1:12:32] correct? [1:12:34] >> Right now, yes. because I have been [1:12:36] following it and I' I have a good sense [1:12:39] um of you know the more social um impact [1:12:44] issues the town is facing which aren't [1:12:46] legal but they're important [1:12:47] considerations for our residents. [1:12:50] >> Okay. So, I mean, I guess from my point [1:12:52] of view, I'd be comfortable if that we [1:12:54] did that, but I'm still looking for [1:12:57] pulling all the things that we have, you [1:12:59] know, everything we got from the town [1:13:00] manager, everything we've gotten from [1:13:02] open space, get them in one place so we [1:13:04] as a council can look at it in a [1:13:06] consistent, informed manner. I think [1:13:07] that that in my mind is critical. So, [1:13:09] maybe this isn't the time, but I'm a [1:13:12] little worried that we're going to get [1:13:13] our legal bearings and then we're not [1:13:14] going to do anything more and it'll be [1:13:16] September or October before we actually [1:13:19] >> get to it. Well, that's I don't know. I [1:13:21] think we're saying that there's more [1:13:23] urgency. So, I don't know. It it doesn't [1:13:25] feel quite right to me, but I I think I [1:13:27] get the the gist. [1:13:29] >> I I have a comment. Um I feel like [1:13:30] Craig, what you're asking for the [1:13:32] subcommittee to do is different what we [1:13:34] are being asked to talk about to form [1:13:36] the subcom. I mean, my impression was [1:13:38] that the subcommittee was going to go [1:13:40] away and decide what the 10 five items [1:13:42] that we think that that they want to [1:13:44] recommend that the committee work on [1:13:46] that the town council work on. And [1:13:49] you're saying that you want the [1:13:50] subcommittee to have a task of actually [1:13:52] collecting all this information and [1:13:53] putting it into one place and kind of [1:13:55] creating a timeline and understanding [1:13:57] where the important points are so that [1:13:59] we know where there's urgency. That to [1:14:01] me are two different things. So [1:14:02] >> well I I think the [1:14:04] >> scope is different but I think you bring [1:14:06] that stuff together and then I would [1:14:08] hope the subcommittee would say we look [1:14:10] through this stuff here's our [1:14:11] recommendation based on the information [1:14:13] that we have of a way to move forward. [1:14:16] the subcommittee is not in a position to [1:14:18] make this decision. At most, it's going [1:14:20] to recommend and yeah, I would expect [1:14:22] them to give us the data and also give [1:14:25] us an opinion. We don't have to take [1:14:27] that opinion as a full counsel. So, so I [1:14:30] guess I see both [1:14:31] >> that's much more indepth than what my [1:14:34] understanding is of what the [1:14:36] subcommittee. So I don't have an issue [1:14:38] actually with having the subcommittee go [1:14:39] into that kind of depth and actually [1:14:41] collect more information that you're [1:14:44] saying, but I don't think it's useful to [1:14:46] have a subcommittee just say, "Oh, let's [1:14:47] come back. I think, you know, the top [1:14:49] things we recommend is the letter and [1:14:51] the the open space committee and the [1:14:54] legal option." I mean, that to me is not [1:14:56] useful. But if the subcommittee's job [1:14:58] was to go and collect all this [1:14:59] information and make sure it's all [1:15:01] contained and observed and and evaluated [1:15:04] and reviewed, you know, that I would be [1:15:06] okay with. It's a bigger job than [1:15:10] >> Yeah. No, I mean there was no discussion [1:15:14] until 10 minutes ago of this collection [1:15:17] of information. [1:15:19] I mean, I'm not sure how that how would [1:15:21] a subcommittee make a recommendation to [1:15:22] the council on what we should do if they [1:15:25] don't do some research. So, to me, [1:15:27] research is implied in gathering the [1:15:29] information. [1:15:31] >> Um, [1:15:31] >> so in the back in the back, if I could [1:15:33] just ask you guys because we can hear [1:15:35] you up here. So, just we're almost done [1:15:37] with this. Thank you. No, no, no [1:15:38] worries. [1:15:38] >> So, I mean, but let me just go back. [1:15:42] Obviously, staff capacity is limited, [1:15:44] but [1:15:46] who where where does where do these [1:15:51] correspondents live? I'm assuming in our [1:15:53] archives, right? [1:15:56] >> So, they live with the committees. So, [1:15:59] we have open space, we have BPTs, um we [1:16:02] have people in the town who were on like [1:16:05] this ad, you know, the the town manager [1:16:07] committee advising the POG. We have [1:16:09] those people in town. they have that [1:16:11] information. So I mean both in our [1:16:13] archives and you know we have the [1:16:16] resources here in the town to gather [1:16:18] that and that was my only point is I [1:16:19] just feel like we should be starting on [1:16:21] that process because otherwise it's [1:16:23] going to be November before we start [1:16:26] thinking about it and that that was my [1:16:27] concern. [1:16:28] Well, I actually I mean Rebecca and I [1:16:31] were elected after the last time Midpin [1:16:34] presented and uh so like I am definitely [1:16:40] feeling not up to speed. So I would [1:16:43] appreciate that more background [1:16:45] actually. [1:16:47] So I don't know if a subcommittee would [1:16:50] want to do that background research [1:16:53] >> or if it's neat with Darcy. I I I just [1:16:56] asked that question. [1:17:00] » I think it depends on what the council's [1:17:03] interest is. But I'll just advise you [1:17:05] that the subcommittee needs to have a [1:17:07] clearly defined task or tasks. That was [1:17:09] the goal of this list. This is just [1:17:11] ideas. But if there was a subcommittee [1:17:14] for example to research [1:17:16] past [1:17:18] uh it sounds like town manager committee [1:17:20] conversations [1:17:21] meetings notes and gather that [1:17:24] information together they could and then [1:17:26] that I would envision that that that [1:17:28] subcommittee would then come and present [1:17:30] that back to the town council at a [1:17:32] future meeting. So if the town council [1:17:34] believes that that information would be [1:17:36] helpful that could be the scope of the [1:17:38] subcommittee. [1:17:41] Personally, I feel like the most [1:17:42] important thing is to explore our legal [1:17:43] options with our our newly hired town [1:17:45] attorney or the project attorney. I [1:17:48] mean, that that's for me what I feel [1:17:50] like is most important. But [1:17:53] >> I don't know where that task lives. [1:17:59] And and I should add that that should be [1:18:01] not a public task. That should be a [1:18:04] private task. [1:18:05] >> Is it possible for me to call the vote? [1:18:10] Can I make a motion? Are [1:18:12] >> you sure you can make a motion? [1:18:14] >> I mean, we we're definitely pressed for [1:18:16] time and uh it seems that uh it the idea [1:18:21] of doing a subcommittee [1:18:24] I'd like to make a motion that uh we do [1:18:28] not at this time make a subcommittee. [1:18:31] I also would like him make a motion as [1:18:34] part of that that the leazison be uh [1:18:38] tasked to give a report every two weeks [1:18:42] to the council. [1:18:47] » Okay. Is there a second? [1:18:50] >> I would second that. [1:18:51] >> Okay. We have a motion and a second. All [1:18:54] in favor? [1:18:56] >> I [1:18:59] >> Okay. Those opposed? Nay. [1:19:02] >> Oh, [1:19:04] I'm an I'm an I. [1:19:06] >> Okay. So, passes four to one. [1:19:11] >> All right. So, I think that closes up [1:19:13] 5B. [1:19:14] >> Does it though? Can I just say I my [1:19:17] direction here, my takeway is that I [1:19:18] will agendaize a future item and I will [1:19:20] coordinate two by two by one meetings [1:19:23] with outside council Bill Celigman. I I [1:19:26] don't know when this will come back. [1:19:28] July is [1:19:30] we're working on July agendas now. So I [1:19:32] will bring it back for a more robust [1:19:35] discussion and then you can provide [1:19:37] direction to me if onto which items that [1:19:40] you would want me to work on. [1:19:42] >> Now u the the idea of being able to get [1:19:44] on the agenda for my report. How does [1:19:47] that happen? [1:19:48] >> I think that comes under subcommittee [1:19:50] leaison reports. Okay. [1:19:52] >> Thank you. [1:19:54] Okay. Thank you. With that, I'm going to [1:19:56] adjourn the special meeting. Thank you [1:19:58] everyone.