MORGAN HILL
– In an ongoing dispute over the American Institute of
Mathematics golf course, city officials are deciding their next
move.
MORGAN HILL – In an ongoing dispute over the American Institute of Mathematics golf course, city officials are deciding their next move.
City Attorney Helene Leichter said Thursday that court action is a possibility but is not contemplated at this time. She added that the city is still exploring other options and is “going by the book” to seek compliance with city codes and state law.
“We have an Environmental Impact Report coming and no action from other agencies,” she said. “We will treat Fry like any other property owner. We are working with them and will continue to do so.”
The now 18-hole course is on the grounds of the American Institute of Mathematics, a project of Fry’s Electronics owner John Fry. It is off Foothill Avenue east of the city where the Hill County Golf Course and Flying Lady Restaurant once operated.
According to Mayor Dennis Kennedy, Fry is not receiving any special treatment, and the city wants to be sure that all the information is gathered properly.
“Those who are in opposition to the golf course would like to see things slowed down, that way all the proper information can be gathered,” Kennedy said. “(The American Institute of Mathematics) would like to see things sped up.”
No one from Fry’s Electronics and AIM returned repeated telephone calls seeking comment.
On Wednesday, Morgan Hill officials hosted a golf course summit that lasted more than four hours. It was attended by representatives from the Central Coast Regional Water Quality Control Board, the Army Corps of Engineers, California Department of Fish and Game and the U.S. Fish and Wildlife Service.
The meeting was prompted by formal complaints from the Committee for Green Foothills and the Santa Clara Valley Audubon Society.
According to David Bischoff, city community development director, no one representing the golf course was asked to attend.
The city on Aug. 7, 1997, issued a stop-work order. The city also has ordered that no play occur on the course.
Steve Sorenson, spokesman for AIM, said last week that he still has a temporary use permit, even though the city says that it expired. In a letter to Bischoff dated July 28, 2003, he says that while the Environmental Impact Report is being completed, the permit is still valid.
“I think it is clear that the intent of the Jan. 24, 2000 agreement is that a TUP would be issued to bridge the gap in time while the EIR was being completed,” Sorenson wrote.
Discussion in Wednesday’s meeting focused mainly on the complaints and the application for a new temporary use permit. According to Bischoff, there was no decision made on either issue, but each group represented voiced their concerns.
“No one is proposing taking action against the golf course,” said Bischoff. “There was no decision about the temporary use permit, but they voiced concerns about issuing a new one.”
Leichter says that the city has handled the case by the book. In cases where a property owner is in violation of city codes, they are notified. In nearly all cases the owners will cooperate with the city. In cases were property owners do not cooperate, fines can be attached and they even can be taken to court. But Leichter points out that all proceedings are a judgment call.
Because there are endangered species on the site, the different agencies have been worried that further development will be harmful to their habitat.
In a letter to city planning director Jim Rowe from March, Regional Manager for the California Department of Fish and Game Robert Floerke wrote that the development has destroyed much of the habitat for different animals.
“Impacts to serpentine habitat and species are more difficult to evaluate since it appears the portions of the property comprising serpentine habitat was already partly disturbed,” said Floerke. “Most of that area is now completely gone, covered by sod for the golf course.”
In a letter to AIM dated July 21, Chief Building Official Larry Ford told AIM officials they must wait for a new temporary use permit.
“At this time there is not an active (Temporary) Use Permit in place,” Ford wrote. “Based on this information, you are hereby directed to cease and desist the operations defined and approved in the TUP 00-01 until such time as the subsequent TUP can be fully considered by the Community Development Department.”
To date there have not been any actions taken against the golf course, despite continuous violations occurring. The city has issued several letters demanding that golf not be played on the course.
Bischoff said the city does not have the means to ensure that golf is not played on the course.
“We don’t have the resources to stop people from playing golf,” he said.
