Californians for Property Rights

A letter to the editor, Half Moon Bay Review

Dear editor:

With minor editing, here are comments I submitted to the Half Moon Bay City Council at midnight on Nov. 15. The occasion was a discussion over whether to execute a conservation easement for 144 Kelly Ave.

First, It is not clear that this agenda item, as proposed, complies with the state law outlined in Calif. Government Code No. 51085 which states:

“The governing body of the county or city may not accept or approve any grant of an open-space easement until the matter has first been referred to the county or city planning department or planning commission and a report thereon has been received from the planning department or planning commission. Within 30 days after receiving the proposal to accept or approve a grant of an open-space easement, the planning department or planning commission shall submit its report to the governing body. The governing body may extend the time for submitting such a report for an additional period not exceeding 30 days. The report shall specify whether the proposal is consistent with the general plan of the jurisdiction.”

Second, no information has been tendered from Half Moon Bay Open Space Trust, which was granted the easement, as to their past land management capabilities, their commitment to make available access to the citizens of this community the city’s recently purchased property at 144 Kelly, or their willingness to open their books to public records requests.

Third, noting from the agenda that this city has 23 significant cases of exposure to litigation, and noting from recent prior City Council meetings that the city is currently running a deficit, it is not clear why the city does not simply sell this property and help our schools, roads, library, parks and other infrastructure.

Mayor Jim Grady recused himself, and the measure passed 3 to 1 with Marina Fraser dissenting.

Terry Gossett

Moss Beach

Here is the letter as sent to the HMB City Council:

Californians for Property Rights
Box 282, Moss Beach CA 94038
Phone: 650-563-9508
Email: texterry@pacbell.net
Website: www.californiansforpropertyrights.org (or www.c4pr.org)
“Property rights are civil rights”

15 November 2005

To – Half Moon Bay City Council

Subject —Agenda Item #11 Discussion and Possible Adoption of Resolution Authorizing City Manager to Execute a Conservation Easement Deed for 144 Kelly (APN 056-096-590) in favor of Half Moon Bay Open Space Trust (HOST)

First, It is not clear that this agenda item, as proposed, complies with the state law. In accordance with CA Gov Code 51085, as follows.

The governing body of the county or city may not accept or approve any grant of an open-space easement until the matter has first been referred to the county or city planning department or planning commission and a report thereon has been received from the planning department or planning commission. Within 30 days after receiving the proposal to accept or approve a grant of an open-space easement, the planning department or planning commission shall submit its report to the governing body. The governing body may extend the time for submitting such a report for an additional period not exceeding 30 days. The report shall specify whether the proposal is consistent with the general plan of the jurisdiction.

Second, No information has been tendered from HOST as to their past land management capabilities, their commitment to make available access to the citizens of this community the city’s recently purchased property at 144 Kelly, or their willingness to open their books to public records requests.

Third, noting from tonight’s agenda that this city has 23 significant cases of exposure to litigation, and noting from recent prior City Council meetings that the city is currently running a deficit, it is not clear why the city does not simply sell this property and help our schools, roads, library, parks, and other infrastructure.

_Terry Gossett
Director, Californians for Property Rights_