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HomeMy Public PortalAbout19910612 - Minutes - Board of Directors (BOD) Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 91-18 REGULAR MEETING BOARD OF DIRECTORS June 12, 1991 MINUTES I . ROLL CALL President Nonette Hanko called the meeting to order at 7 :30 P.M. Members Present: Ginny Babbitt, Richard Bishop, Kay Duffy, Nonette Hanko, Teena Henshaw, and Robert McKibbin. Member Absent : Betsy Crowder. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Jean Fiddes , Mary Hale , Del Woods , Mary Gundert, John Escobar, David Sanguinetti , and Deborah Morvay-Zucker. APPROVAL OF MINUTES May 8 , 1991 Teena Henshaw stated that the minutes should be corrected to indicate she was not present at the beginning of the meeting to tour the new office building, but that she was present when the meeting reconvened at 7 : 40 P .M. at the District office. Motion: R. Bishop moved that the Board approve the minutes of May 8 , 1991 as corrected. K. Duffy seconded the motion. The motion passed 6 to 0. May 22, 1991 Motion: K. Duffy moved that the Board approve the minutes of May 22 , 1991 . G. Babbitt seconded the motion. The motion passed 6 to 0 . May 28 , 1991 Motion: K. Duffy moved that the Board approve the minutes of May 28 , 1991 . T. Henshaw seconded the motion. The motion passed 6 to 0 . May 30, 1991 Motion: K. Duffy moved that the Board approve the minutes of May 30 , 1991 . T. Henshaw seconded the motion. Discussion: N. Hanko stated that the second paragraph of page three should be corrected to include the Board ' s direction for the use of birds in the development of the designs . The motion to approve the minutes as corrected'- passed 6 to 0. 201 San Antonio Circle,Suite C-1 35 - Mountain View,California 94040 - Phone:(415)949-5500 - FAX:(415)949-5679 General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin.Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Meeting 91-18 Page 2 III . WRITTEN COMMUNICATIONS N. Hanko stated that the Board received a letter from the California History Center & Foundation and that staff would follow up with a response for the District ' s participation in its program. IV— ADOPTION OF AGENDA N. Hanko stated that the agenda was adopted by Board consensus . V. ORAL COMMUNICATIONS There were no oral communications . VI . PUBLIC HEARING A. Determination of Public Necessity for Proposed Vidovich Propertv Addition to Rancho San Antonio Open Space Preserve (Report R-91- 68 dated June 5, 1991) - N. Hanko gave a brief history of the formation of the District and its purpose to acquire the maximum, feasible amount of open space to provide a greenbelt in northern Santa Clara County and southern San Mateo County. She stated that the District had acquired 34 , 000 acres .of land. She introduced the members of the Board of Directors and outlined the procedure for the public hearing. She asked S . Norton, District legal counsel , to instruct the Board concerning the legal factors to be considered in listening to the public testimony. S . Norton explained that most public agencies , cities , counties , and special districts have the power of eminent domain that is normally exercised after extensive negotiations and an inability to reach an agreement . He stated that the code of Civil Procedure of the State of California regulates the use of the power of eminent domain and that all of its procedures , including three main requirements , must be followed in conjunction with its use prior to a local agency using the power of eminent domain . He stated that first requirement is that the Board must make three findings: (1) that the public interest and necessity recluire the proposed project; (2) that the proposed project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; and (3) that the property described in the resolution is necessary for the proposed project . He stated that the findings were in the resolution to be considered and were covered in greater detail as applied to this case in pages three to five of the staff report . He stated that the second requirement is that the owner is provided a right to a public hearing, that he is required to receive written notice of the hearing, and that he has a right to appear and be heard , and finally, that five affirmative votes would be needed to pass the resolution. Meeting91-18 Page 3 N. Hanko confirmed that notice was delivered to Mr. Vidovich. She asked H. Grench, general manager, to introduce the report . H. Grench introduced the staff present at the meeting and gave the order of staff presentations . C . Britton described the general location of the property as adjacent to Rancho San Antonio Open Space Preserve , southerly of Stonebrook, westerly of Olive Tree Lane and Ravensbury Avenue . He stated that the entire property covers 358 acres , including the 78 acre quarry area and stated that the area of the property being considered included 280 acres. On a map, he pointed out the Measure B line which he said would be referred to in greater detail later in the presentation. He gave a background of District involvement with the property when, years ago, H. Grench visited the property with George Neary, the owner of approximately 800 acres including the subject property. He explained that the District had conversations With the principals throughout the entire series of transactions leading to the acquisition of 450 acres by Westlake Development and its transfer of 375 acres to Chijin and Aiho Cho, and the reversion of 358 acres to George Neary in a judicial foreclosure. He stated that the in 1984 the District purchased the 375 acres of the the Westlake development property from the Chos for $1 . 5 million dollars . He reviewed of the history of use by the public on the former Neary property. He stated that in 1986 John Vidovich, De Anza Properties , purchased a 60% interest in the property for $3 million. He stated that an agreement was reached with the District concerning the apparent boundary line of a portion of the land previously thought to be owned by the District and that , subsequently, the District ' s previous tenants of the High Meadow Stables were removed by Mr. Vidovich and that the stables have remained vacant. He noted Mr. Vidovich ' s intention to subdivide and develop the property with site plans showing 80-lot and 43-lot subdivisions and stated that the District ' s main interest has been the upper ridge of the property. He explained that a citizens ' group, R.U.R.A.L. , put Measure B on the 1989 ballot in Los Altos Hills , which was approved by voters , limiting the property to a density no greater than the county density and separating the quarry development area from the upper ridge area, thus creating the "Measure B line. " D. Woods stated that since Rancho San Antonio Open Space Preserve opened 15 years ago, people had used the trails connecting Rancho San Antonio, Duveneck Windmill Pasture, and Black Mountain until the trails were barricaded five years ago. He explained that the District has done its best over the years to apply its Good Neighbor Policy, not showing trail access to - I I I I I Meeting 91-18 Page 4 the property, identified as private on District maps . He stated that the public has persistently encouraged District staff during the past 15 years to explore ways to ensure the continuation of that trail use on the property. He also explained the District ' s stewardship program that emphasizes protection of the resources and the visitors ' experience. He stated that stewardship involves review of the surrounding lands to ensure that the resource remains protected and that development plans of the surrounding lands will not be adverse to the resource. He stated that through this review process the District has become very familiar with the property and has worked to find ways to reduce visual impacts and institute trail use on the property, particularly neighborhood access and regional access to the preserves beyond Rancho San Antonio. D. Woods summarized the staff ' s conclusions that the property' s vital importance is in providing a scenic backdrop to the south bay cities of Los Altos , Los Altos Hills, Mountain View, and Cupertino; in providing major trail access between Rancho San Antonio and the thousands of acres of open space in the foothills; in providing neighborhood access and protecting scenic values and the wilderness experience within Rancho San Antonio; and in providing accessible open space along the urban fringe where there is now a great deficiency. He located the property on a map and pointed out the importance of its location as a link from Rancho San Antonio to the 10 , 000 contiguous acres and public trail system to 5 , 000 acres within Castle Rock and Big Basin State Parks that provides a continuous . trail to the coast . He stated that the property provides a key segment of the trail from Rogue Valley to Windmill Pasture that continues to Black Mountain and beyond and to Hidden Villa. He stated that the site includes a prominent ridge visible from the north and east and particularly from the Interstate Highway 280 corridor . Usina slides as visual aids , he pointed out that the impact of development on the site would be the visibility of houses , roads , and driveways from important trails in the preserves , the elimination of important and scenic trail connections , degradation of the preserve ' s natural resources from grading, introduction of urban-type pollutants and vegetation, and loss of natural watershed and wildlife habitat . D. Woods also reviewed the staff ' s use and management plan recommendations , including signage, maintenance of patrol roads , removal and replacement of gates and barriers , removal of buildings and debris at the stables site, and restoration or realignment of trails. Meeting 91-18 Page 5 C . Britton stated that since passage of Measure B the specific lot density of the property became definable and that in negotiations , the District agreed with Mr. Vidovich to pay for an appraisal , including an engineering determination of lot density. He explained that he could not approve the appraisal due to flaws in the lot yield analysis and in the appraisal process and that the appraised value was more than twice what he considered to be the fair market value of the property and therefore what the District would offer to pay. He stated that the agreed upon appraisal process included a 30-day limit from the date of receipt of the appraisal , ending June 15, during which Mr. Vidovich was barred from selling any portion of the property. He explained that Mr. Vidovich had indicated he was considering the sale of individual lots to other parties and that this would have jeopardized the potential for District ' s acquisition of the entire property. He indicated that the District ' s filing of eminent domain action did not preclude the possibility of a negotiated settlement and that he hoped a settlement would be reached. H. Grench summarized reasons of necessity for recommending eminent domain action. He referred to pages three through five of the staff report . He stated that since the report and the accompanying resolution were written an addition had been made to the resolution to include the date of the offer letter to Mr. Vidovich, June 10 , that the legal description had been amended to include parcel seven and that copies of the changes were given to the Board. He restated the recommended actions given in the report . N. Hanko explained the order of process of the public hearing and stated that those wishing to speak would each be allowed three minutes to address the chairperson. The Public Hearing was declared open by N. Hanko at 8 : 28 P.M . She then asked if Mr. Vidovich or his representative were present and would like to address the Board . Neither Mr. Vidovich nor his representative spoke and apparently were not present . Howard Martin, M.D. , 2500 Hospital Drive, Mountain View, commented that a United States Geologic Survey study noted serious sedimentation problems with the upper watershed area of Permanente Creek that could be aggravated by over development . He added protection of this watershed to the reasons already stated for the District ' s acquisition of the property. Robert Stutz , 25310 Elena Road, Los Altos Hills , representing the Los Altos Hills Pathway Committee, stated that the subject Meeting 91-18 Page 6 property has been on the committee ' s master path plans to permit non-vehicular traffic from the town to the open space district . Harry Haeussler, 1094 Highland Circle, Los Altos , stated that the only advantage to acquiring this property is that there are trails that are already made. He stated that he is philosophically opposed to eminent domain but that if the Board exercised this action he asked the District leave the old quarry alohe as a historical site. Jean Struthers , 13690 Robleda Road, Los Altos Hills , representing CIT Reasonable Development , stated that the people of Los Altos Hills voted for Measure B to keep the lot density down and that with John Vidovich on the county planning commission and the commission about to redo the general plan she thought that this action would be the last chance to preserve the property and its native plants. She strongly urged the Board to try every possible way to acquire the property. Ry Smith, 23230 Ravensbury Avenue, Los Altos , representing RX.R.A.L. , said he hoped that after 15 years of working on this effort the time had come to preserve this land. He stated that RX.R.A.L. has seven hundred members in the Los Altos and Los Altos Hills area . He commented that the vote of the people of Los Altos Hills is a clear indication that the people want the Midpeninsula Regional Open Space District to take over this property and do everything possible to preserve it. Susan Smith, 23230 Ravensbury Avenue, Los Altos , representing Citizens for Reasonable Development (Measure B) , spoke of the popularity of Rancho San Antonio illustrating the demand for open space in this area and the need to commit the Vidovich property to meet the growing demand and usage . Robert Johnson, 26379 Fremont Road, Los Altos Hills , Council Member, Town of Los Altos Hills , delivered and read a letter from Mavor William Siegel , stating that the town council passed a resolution strongly supporting the acquisition of the Upper Neary Quarry lands by the Midpeninsula Regional Open Space District . Christine Cole, 23219 Ravensbury Avenue, Los Altos Hills , representing Full House Farm, presented a map highlighting trails on the property and pointed out the trail connection between Rancho San Antonio and Hidden Villa and stated that there is no other way to link these areas . She stated that the provision of trail loops for shorter hikes is very important . Meeting 91-18 Page 7 I Hal Feeney, 11030 Mora Drive, Los Altos, stated that he is a frequent user of Rancho San Antonio Open. Space Preserve and urged the Board to connect Rancho San Antonio and Windmill Pasture. i Judith Kleinberg, Watson Court, Palo Alto, stated that Committee for Green Foothills strongly urged the open space district to j take immediate action to preserve the Vidovich property for three reasons : 1) the committee deems the property to be a i assets of this sort; public asset in the area of diminishing a is � 2) this property is important as a link of existing open space; and 3) this property and its contiguous properties have historically been treated as public land. She added that the threat of development of the ridge demands an immediate and I permanent solution to protect and preserve the greenbelt, and that the District needs to guarantee that this property will forever be in the public trust. Libby Lucas , 174 Yerba Santa Avenue, Los Altos, reiterated the importance of trail linkage between Rancho San Antonio and Windmill Pasture. She also referred to U. S .G. S . report 89-4130 li in which it was noted that the soils and vegetation of the west fork of Permanente Creek are ill-suited to development because i of active and inactive land slides , gullies , and unstable stream banks that are subjects of considerable study for the concerns of sedimentation and downstream flooding. Dave Bauer, 21597 Flintshire Street, Cupertino, stated that Rancho San Antonio is a major contributor to the quality of life of the people of this area and that development of the property is not in the interest of the people of this area . He added that he enthusiastically supported the proposed addition of this property to Rancho San Antonio Open Space Preserve . Ed Shelley, 2406 Villanueva Way, Mountain View, stated that he had hoped the property would be acquired sooner as he felt it was the key property in the District and encouraged the Board to take eminent domain action, adding that the Beard had not only the power but the responsibility to do so. the Road, Los Altos representing an Antonio Ro L v 1 lV o. S , Penny Lave, Los Altos City Council , reaffirmed the resolution passed by Los Altos City Council July 1988 in support of the acquisition of this property. She stated that the citizens of Los Altos have also demonstrated their concerns about the watershed. Chris Romano, 1253 Golden Way, Los Altos , representing the ndation stated that this acquisition would California Oaks Fou u Q I i i i i Meeting 91-18 Page 8 be an opportunity for restoration of the leather oak and blue oak in the area. Valerie Koble, 881 Parma Way, Los Altos , representing Creeks of Los Altos , spoke in support of the acquisition of the Vidovich land to preserve the ridgelines , creek headwaters , and wildlife. Peter Schubart, 261 South Castanya Way, Portola Valley, formerly a resident of Los Altos Hills , stated that the acquisition of this property should be viewed with the same importance as the acquisition of Windy Hill for its panoramic value to Portola Valley. He added that he supports eminent domain action for the acquisition of the property. Brenda Butner, 14565 Harvard Court, Los Altos Hills , a member of the California Native Plant Society, commented that more development in the area will introduce new plants that will invade the native landscapes . Mark Winitz , 1638 Corte Via, Los Altos , representing the Trail Center, stated that his organization includes about 2, 000 members who are hikers , runners , trail builders and has followed the issue of trails on the property since 1986 . He added that the Trail Center' s enthusiasts heartily support the District ' s move to acquire the land as a critical link, one of the most critical pieces of land in the District ' s sphere of influence . J. Fiddes called upon four more potential speakers who decided not to speak. They, instead, submitted written statements in support of the acquisition. Terry McDaniels , 10417 Lone Oak Lane, Los Altos Hills , Chairperson, Environmental Design and Protection Committee, Town of Los Altos Hills , stated that this ridge is of environmental concern to the entire bay area. N . Hanko asked if there were others who wished to speak and again asked if Mr. Vidovich or his representative were present . There were no respondents . Motion: R. Bishop moved that the Public Hearing be closed. R. McKibbin seconded the motion. The motion passed 6 to 0 . N. Hanko declared the Public Hearing closed at 9 : 00 P .M. K. Duffy asked staff what they intended to do with the dam and the pond. D. Woods responded that it would have to be inspected in the District ' s normal safety inspections . III Meeting 91-18 Page 9 R. McKibbin stated, as director of the ward in which this -property is located, that it has been the vital missing link of not only local , but also of regional importance. He urged the Board to vote to acquire the Vidovich property now. G. Babbitt thanked the participants in the public hearing, which showed strong support for the acquisition, and thanked the staff for providing a detailed report to the Board. T. Henshaw stated that many people of Sunnyvale are users of Rancho San Antonio and former users of =the Vidovich property. She added that she would support a motion to adopt the resolution. R. Bishop that Rancho San Antonio Open Space Preserve is one that the District is especially proud of because it is a wild area that is close and convenient to many homes. He added that it is important to protect the wild character of this preserve by acquiring this property and preventing development that would diminish the quality of the preserve. K. Duffy stated that the decision to take eminent domain action is not an easy one and she thanked the participants in the hearing for their comments and for their support of the acquisition. N. Hanko briefly restated the findings on pages three through five of the staff report as those necessary to take eminent domain action. She added that the need is great to protect Rancho San Antonio Open Space Preserve from being overloved by its 400 , 000 users by expanding the preserve . Motion: N. Hanko moved that the Board adopt Resolution 91- 24 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Finding and Determining that the Public Interest and Necessity Require the Acquisition of Certain Properties for Public Use, to wit , for Public Park, Recreation and Open Space Purposes , Describing the Properties Necessary Therefore and Authorizing and Directing its Retained Legal Counsel to Do Everything Necessary to Acquire All Interests Therein (Rancho San Antonio Open Space Preserve - Vidovich Property) . R. McKibbin seconded the motion. Discussion: C . Britton reminded the Board that the date June 10 was added to the amended resolution and that parcel seven was added to the legal description. The motion passed 6 to 0 . Meeting 91-18 Page 10 Motion: R. Bishop moved that the Board tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report , including naming the property as an addition to Rancho San Antonio Open Space Preserve and indicate its intention to dedicate the property as public open space. R. McKibbin seconded the motion. The motion passed 6 to 0. VII . BOARD BUSINESS A. Final Adoption of theComprehensive Use and Management Plan for Windy Hill Open Space Preserve - N. Hanko asked that the Board review the List of Conditions for Conditional Use Permit, Exhibit A, of the staff report. Referring to condition number 2 of the list, she asked the staff if they have a procedure for reporting problems between different user groups and the District. D. Woods responded that he is working on a form to be used for this purpose. K. Duffy asked for clarification that the item refers to problems between user groups and not problems between user groups and the District. D. Woods stated that the item addresses the concern that information about conflicts between user groups will be given to the District . K. Duffy suggested that the condition be changed to "2 . MROSD shall establish a mechanism for reporting problems between different user groups . " N. Hanko, in reference to condition number 5, asked staff what rules may be established by the commission to make it less cumbersome for the District to obtain permission to have organized group activities on the preserve. M. Gundert responded that the condition was made in response to a request for a specific group activity and the perceived need to establish a minimum number of users in an activity that would require approval by the Portola Valley Planning Commission. She said that staff identified two groups that use the preserve annually, Peninsula Open Space Trust for Kite Day and the Banana Classic that uses Windy Hill as a rest stop. She stated that the planning commission gave blanket permission to allow those uses . She added that the commission has not yet established rules to permit other uses and that District staff will work with them to establish rules for obtaining permission at the town staff level . Discussion followed concerning this requirement . N. Hanko stated that the District should cooperate with the Town of Portola Valley in establishing rules . C. Britton recalled earlier discussions with Portola Valley and recommended that the " Meeting 91-18 Page 11 District work with the condition. D. Woods added that District staff has proposed a joint permit application procedure. There was a brief discussion about the deposit to cover the town' s anticipated costs required in condition number 10. Motion: R. McKibbin moved that the Board adopt the Comprehensive Use and Management Plan for Windy Hill Open Space Preserve as contained in report R- 88-141 . T. Henshaw seconded the motion. The motion passed 6 to 0 . B. Final Adoption of the Comprehensive Use and Management Plan for Russian Ridge Open Space Preserve (Report R-91-69 dated June 6, 1991 Motion: R. McKibbin moved that the Board readopt the Negative Declaration and Mitigation Measure Monitoring Checklist as contained in report R-91- 60 and adopt the Comprehensive Use and Management Plan for Russian Ridge Open Space Preserve as contained in report R-91-60. T. Henshaw seconded the motion. The motion passed 6 to 0 . C . Proposed Annexation of Land in Santa Cruz County (Report R-91-67 dated May 24 , 1991) - N. Hanko stated that this annexation will make the District the only three-county district in the state. H. Grench stated that the proposed annexation includes all the land in Santa Cruz County within the District ' s sphere of influence, except for the Boy Scout property, for a total of 770 acres . He added that the annexation has the consent of 100% of the included property owners . N. Hanko asked for public comment. There was no public comment. Motion: R. McKibbin moved that the Board adopt Resolution 91-25, a resolution of the Board of Directors of the Midpeninsula Regional Open Space District Requesting Initiation of Annexation Procedures by the Santa Clara County Local Agency Formation Commission (Midpeninsula Preserves 1991- Long Ridge) . G. Babbitt seconded the motion . The motion passed 6 to 0 . Meeting 91-18 Page 12 VIII. INFORMATIONAL REPORTS J. Escobar .reported a running accident at Fremont Older Open Space Preserve and a solo bicycle accident on Whittemore Gulch Trail at Purisima Creek Open Space Preserve. He stated that the bicycle accident was reported initially as occurring on Skyline Boulevard. He stated that the Jikoji cutoff trail bridge has been completed at the dam and the trail has been widened and opened to bicyclists and horses to divert traffic away from Jikoji ' s private property. D. Sanguinetti reported rescue of a dog with its head stuck in a hollow log at Monte Bello Open Space Preserve. IX. CLAIMS Motion: R. Bishop moved that the Board approve Revised Claims 91-11 . T. Henshaw seconded the motion. The motion passed 6 to 0. X. CLOSED SESSION The Board recessed to Closed Session at 9 : 54 P.M. to continue its evaluation of Board appointees . XI. ADJOURNMENT The Board reconvened to adjourn the meeting at 11 :09 P.M. Deborah Morvay-Zucker Recording Secretary