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 -
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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
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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.
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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
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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
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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
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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
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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 .
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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