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HomeMy Public PortalAbout19911002 - Minutes - Board of Directors (BOD) Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meetin g 91-29 SPECIAL MEETING BOARD OF DIRECTORS October 2, 1991 MINUTES I . ROLL CALL President Nanette Hanko called the meeting to order at 7 :35 P.M. Members Present: Richard Bishop, Betsy Crowder, Kay Duffy, Nanette Hanko, Teena Henshaw, and Robert McKibbin. Members Absent : Ginny Babbitt . i Personnel Present : Craig Britton, Jean Fiddes, Mary Hale, John Escobar, Del Woods , Sheryl Marioni-Cochran, Stanley Norton, Diane Blackman, and Deborah Morvay-Zucker. II . WRITTEN COMMUNICATIONS There were no written communications . III . PUBLIC HEARING A. Determination of Public Necessity for Proposed Beneficial California, Inc. Property Addition to Cathedral Oaks Area of Sierra Azul Open Space Preserve (Report R-91-111 dated September 27 , 1991) C . Britton introduced S . Norton, District legal counsel , who explained the District ' s eminent domain policy, the purposes for which eminent domain is exercised, and the rights of property owners in eminent domain proceedings . N. Hanko asked staff if notice of the public hearing was sent to property owners . C . Britton stated that notice was sent to Beneficial California, Inc, at two addresses and that subsequently a letter was received from Robert Davies and Jeffrey White, the new owners of the property, requesting to speak to the Board at the hearing. D. Woods located the property proposed for acquisition on a map and pointed out the property' s importance because of its location within the trail corridor of the Cathedral Oaks Area of Sierra Azul Open Space Preserve. He showed the proximity of the property to Santa Clara County' s proposed perimeter trail around Lexington Reservoir, east of Highway 17 . He emphasized that the property was located between the Kennedy-Limekiln and Cathedral Oaks areas and would provide the needed staging area for public access to the Priest Rock Road and Weaver Road trails in the Kennedy-Limekiln Area of Sierra Azul Open Space Preserve as well 201 San Antonio Circle Suite C-135 . 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 91-29 Page 2 as trails in the Cathedral Oaks Area. He stated that connections between these areas are made difficult because of the steepness of hillside slopes between them and that the property' s accessibility from the paved portion of Soda Springs Road (2/10 mile) and gentle terrain of this property would make it an excellent staging area. D. Woods showed slides of the property that further exhibited its location between the Cathedral Oaks and Kennedy-Limekiln areas and explained that because of its low elevation the parking lot and staging area could be screened by trees so its visibility on the landscape would be minimized. The slides also showed a structure on the property. He stated that the building measured approximately 1 , 300 square feet and that , according to Santa Clara County assessor ' s department records, the measurement of the structure on the property is approximately 700 square feet. He added that the structure was in general disrepair. He stated that the public necessity for acquiring the property included (1) its potential for public staging because it was highly accessible and close to the lower part of Soda Springs Road; (2) its location between Kennedy-Limekiln and Soda Springs Road; (3) public staging could be effectively screened for the public enjoyment of existing surrounding open space compared with the greater visual impact of a large home; (4) grading required for providing a staging area would be minimal ; (5) staging was needed on the east side of Lexington Reservoir, especially as Lexington Reservoir develops as a major public recreation area; and (6) the property, located in a natural trail corridor between two existing preserve areas, would provide a needed buffer between the trail corridor and development in the area. He also stated that proposed Use and Management recommendations included minimal signing to prevent public trespass on neighboring private lands, determination of use of existing buildings on the property, development of a parking area, natural resource protection, designation of a management conservation unit , naming the property as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve, and dedication of the property as open space. C . Britton reviewed the background of the District ' s attempts to acquire the property from the owner, Kenneth Ward, during the acquisition of the former Mayr property. He stated that the District was informed that the property was not for sale at that time. He added that subsequent foreclosure sales occurred on December 28 , 1990 and February 4 , 1991 at which the District was not able to bid. He explained that further attempts were made by a real estate broker, on behalf of the District , to secure an agreement with Beneficial California, Inc. without success . He Meeting 91-29 Page 3 stated that District staff were finally successful at obtaining information from a representative of Beneficial California, Inc. that a pending sale of the property was falling through and that they would entertain offers after August 30, 1991 . He added that Mr. White and Mr. Davies, who were present at the meeting, claimed that escrow had closed on their purchase of the property although District staff had not yet been able to confirm the transfer in Santa Clara County' s records. He indicated that county records did include building code violations , that staff had determined that the property was not improved under District policy, and that work under way had not been approved by the county. He said that if the District did not acquire the property it appeared that it would be redeveloped as a remodel of existing structures with a much larger house, out-buildings and a corral . B. Crowder stated that the statements made indicated that every possible method had been attempted by staff to acquire the property. R. McKibbin asked if Beneficial California, Inc. was the holder of the deed of trust . C . Britton responded that it was the holder of several deeds of trust on the property. The Public Hearing was declared open by N. Hanko at 8 : 15 P.M. She asked if a representative of Beneficial California, Inc. was present. No representative was present. Referring to a letter from Jeffrey White and Robert Davies, she invited them to speak. Robert Davies, 15215 Sobey Road, Saratoga, stated that he•had acquired the property and that the escrow had closed. He stated that page 2 of the staff report was misleading in its statement that the house was in disrepair with significant code violations. He said that the violation concerned, not the house, but the "caboose house" substructure. He stated that the house was lived in as recently as last year and that in the past day the house had been made liveable, that a tenant was doing the minor repairs necessary. He stated that he intended to lease the house until his retirement in two years and that he did not want to build a large house. He felt that the acquisition would be detrimental to the District because extensive grading of steep hills would be required and that there were better staging area sites at the former Mayr property and at Soda Springs Santa Clara County Water District property. He stated that public access would pollute Santa Clara Water District property. He also urged the Board to walk the trails and note the steepness of the property. Jeffrey White, 18075 Soda Springs Road, Los Gatos , recommended an alternative site at the Pichon property across the road for access . He stated that it made sense to acquire that property - - --------------- _j I Meeting 91-29 Page 4 because of its location. He described the property proposed for acquisition as a beautiful property developed with corrals and not a deterrent to open space. He stated that the neighbors are against the purchase of developed properties for open space and that condemnation of beautiful residential property is not good for the District ' s image. He questioned why the District allowed construction at 17746 Soda Springs Road since it is more visible. He pointed out that the slides of the subject property did not show that the property is visible. He stated that as the District considers locating a parking lot on the site it should also consider that the access road is only 12 feet wide II with an easement to the adjacent property. He concluded stating that it had been very difficult for him during the past 4 months to acquire the property but that he had been able to acquire it and noted that the District had not. N. Hanko declared the Public Hearing closed at 8 : 29 P.M. R. Bishop asked for the date of the close of escrow. Mr. ,White responded that it was Monday, September 20. R. Bishop asked what potential the Pichon property had for staging. D. Woods stated that the subject property has a development potential of the construction of a 4, 000 square foot home and that if the Pichon property was alternatively selected for a staging site it would probably be objected to by the owner of the new home. He added that a staging area in the shadow of a large residence would be incompatible. He stated that one important element in the acquisition is the corridor concept. C . Britton added that he has walked the property and that the corridor formed there naturally interconnects the roads. T. Henshaw asked if the District attempted to purchase the neighboring property referred to by Mr. White. C . Britton responded that property acquisitions are not necessarily considered strictly for viewshed. R. McKibbin asked if Mr. White and Mr. Davies were contractors . Both men stated that they were and Mr. Davies qualified his statement adding that he was a mechanical contractor. R. Bishop asked about county road access to the property. D. Woods stated that it would be difficult but possible. N. Hanko asked about the portion of the structure that violated building code. C. Britton stated that the specifics of the building code violation had not been verified by the county. Mr. Davies stated that a county official told him that the violation was against the substructure and that the house was built according to code or grandfathered by earlier construction. B. Crowder asked if permits were obtained for repairs to the property. R. Davies stated that the repairs did not require permits. i ! Meeting 91-29 Page 5 D. Blackman stated that the county building inspector informed her that no inspection has been made on the property in several years and that Mr. Ward had stated that there were serious plumbing and electrical problems requiring repair. She said he was aware that additions had been made to the house but they had not been out to inspect it. K. Duffy said she would vote in favor of eminent domain, since the property was important to meet District goals . R. McKibbin concurred that it was an important acquisition in order to make trail connections . R. Bishop stated that he believed the District needed the property and that he felt the Board should proceed. Motion: B. Crowder moved that the Board adopt Resolution 91-32 , 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 (Sierra Azul Open Space Preserve - Beneficial California, Inc. ) R. McKibbin seconded the motion. Discussion: N. Hanko stated that the finding of public necessity included a determination of the threat of development. The motion passed 6 to 0. Discussion followed concerning the potential for an order for possession and the rights of relocation for a tenant on the property. S. Norton asked when the tenant moved into the property. J. White responded that a tenant has been living in the house for 20 days. Motion: B. Crowder moved that the Board tentatively adopt the Preliminary Use and Management Plan recommendations contained in the report, including naming the property as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve and indicate its intention to dedicate the property as open space. R. McKibbin seconded the motion. The motion passed 6 to 0. - --------- Meeting 91-29 Page 6 C. Britton asked for approval of expenditure of $260, 000 to take immediate possession of the property. Motion: R. Bishop moved that the Board approve expenditure of $260, 000 to take immediate possession of the property. R. McKibbin seconded the motion. The motion passed 6 to 0. IV. BOARD BUSINESS A. Coordinated Design Project (Report R-91-114 dated September 27 , 1991) Deborah Mills presented graphics for the coordinated design project and obtained Board agreement that although birds are part of the logo design it would not be necessary to include them on the stationary. Motion: N. Hanko moved that the Board approve the master artwork for all applications . K. Duffy seconded the motion. The motion passed 6 to 0. B. Public Communications Workshop (Report R-91-113 dated September 27 , 1991) N. Hanko stated that the Public Communications Workshop Agenda Committee had prepared a questionnaire for the Board to answer by October 9. Motion: N. Hanko moved that the Board adopt the agenda for the Public Communications Workshop to be held October 9, 1991 , beginning 7 :00 P.M. at the District Office. R. Bishop seconded the motion. The motion passed 6 to 0. C . Rescheduling of November 27 Regular Meeting (Report R-91-112 dated September 26, 1991) Motion: T. Henshaw moved that the November 27 , 1991 regular meeting be rescheduled to November 20, 1991 . R. McKibbin seconded the motion. The motion passed 6 to 0. V. INFORMATIONAL REPORTS N. Hanko reported that she contacted Mr. Rosenbaum, organizer of the Stanford Centennial run. She said that he offered to organize an anniversary run for the District ' s 20th anniversary. Meeting 91-29 Page 7 VI. CLOSED SESSION C. Britton announced land acquisition matters to be discussed in Closed Session were San Mateo County Assessor ' s parcel numbers 085- 030-090 , 085-160-090, and 085-060-100, negotiated by John Landre. The Board recessed to Closed Session land acquisition matters at 9:17 P.M. VII . ADJOURNMENT The meeting was adjourned at 9:35 P.M. Deborah Morvay-Zucker Secretary RR CO ECTION TO THE MINUTES OF OCT 2, 1991 III. APPROVAL OF MINUTES October 2, 1991 N. Hanko noted that the name of the organizer of the Stanford Centennial run contained in Informational Reports on page six should be Mr. Tony Rossman. Motion: T. Henshaw moved that the Board approve the minutes of October 2, 1991 as corrected. B. Crowder seconded the motion. The motion passed 7 to 0. i i i i i i i i i i