HomeMy Public PortalAbout19911120 - Minutes - Board of Directors (BOD) Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 91-36
REGULAR MEETING
BOARD OF DIRECTORS
NOVEMBER 201__1991
MINUTES_
I . ROLL CALL
President Nonette Hanko called the meeting to order at
7 : 32 P.M.
Members Present: Katherine Duffy, Robert McKibbin, Teena
Henshaw, Ginny Babbitt , Nonette Hanko, Betsy Crowder, and
Richard Bishop.
Personnel Present: Herbert Grench, Craig Britton, Mary
Hale, Jean Fiddes , Stanley Norton, John Escobar, Sheryl
Marioni-Cochran, and Kathleen Hart.
II . WRITTEN COMMUNICATIONS
K. Hart stated that the Board had received a letter from
Esther Baginsky, President, Berkeley Hiking Club, P .O. Box
147 , Berkeley, describing their experiences with trail use
conflicts . K. Hart stated a draft response was attached
for Board consideration. The draft response was approved
by Board consensus .
III . ORAL COMMUNICATIONS
There were no oral communications .
IV. ADOPTION OF AGENDA
H. Grench requested the addition of an emergency item to
the agenda regarding property tax allocation from the
proposed Central Los Gatos Redevelopment Project. He said
that there was no other Board meeting scheduled that could
meet the Monday, November 25 , 1991 deadline submittal date
for an incremental pass-through resolution. He said that
since the Board would be taking action a motion was
required to place the emergency item on the agenda.
Motion: B. Crowder moved that the Board place the
adoption of a resolution electing to receive
incremental property tax revenues from the
proposed Central Los Gatos Redevelopment Project
on the agenda as item four as an emergency
measure. K. Duffy seconded the motion. The
motion passed unanimously.
N. Hanko stated that the agenda was adopted by Board
consensus with the addition of the new item.
Meeting 91-36 Page 2
H. Grench presented the Board a thank you card for the
recent staff recognition dinner.
V. BOARD BUSINESS
A. Pr
o Addition of Borelli Prop- to the
Cathedral Oaks Area of Sierra Azul . Open Space
Preserve {Report R-91-133_dated _November 8 1991)
C. Britton showed the location of the 6-acre
property in relation to other recently acquired
properties in the Cathedral Oaks Area of the Sierra
Azul Open Space Preserve . He said that the purchase
price is $65, 000 cash payable at the close of
escrow. S. Marioni-Cochran showed slides of the
area and the property, illustrating how a trail
could run through the property, contributing to the
goal of connecting the Cathedral Oaks Area with the
Kennedy Limekiln Area of Sierra Azul Open Space
Preserve. She said that the Preliminary Use and
Management Plan calls for installation of private
property and preserve boundary signs where
appropriate, and designation of the property as a
Conservation Management Unit .
Motion: R. McKibbin moved that the Board adopt
Resolution 91-44 , a Resolution of the
Board of Directors of the Midpeninsula
Regional Open Space District Authorizing
Acceptance of Purchase Agreement ,
Authorizing Officer to Execute Certificate
of Acceptance of Grant to District , and
Authorizing General Manager to Execute Any
And All Other Documents Necessary or
Appropriate to Closing of the Transaction
(Sierra Azul Open Space Preserve - Lands
of Borelli) . K. Duffy seconded the
motion. The motion passed 7 to 0 .
Motion: R. McKibbin moved that the Board
tentatively adopt the Preliminary Use and
Management Plan recommendations , including
naming the property as an addition to the
Cathedral Oaks Area of Sierra Azul Open
Space Preserve , and indicate their
intention to withhold the property from
dedication as public open space at this
time . K. Duffy seconded the motion. The
motion passed 7 to 0 .
B . Possible Assessment District to Help Finance
Vidovich Acquisition (Revort R-91-135 dated November
13, 1991)
S . Norton introduced Stephen Casaleggio and David
Oster, specialists in the formation of assessment
Meeting 91-36 Page 3
districts , from the law firm of Jones Hall Hill
White. S . Casaleggio presented a summary of the
essential steps for setting up a special assessment
district, nothing that the formation of an
assessment district is based on the idea of special
benefit of open space to properties in a defined
area, determined by factors such as proximity and
view. He said that an engineer hired by the
District would provide a report assigning benefit to
each parcel and that the Landscaping and Lighting
Act of 1972 is the law recommended for District use
in the formation of an assessment district. D.
Oster said that a rough figure of 25% to 30% over
the net amount needed for the purchase is used to
estimate financing or incidental cost, including
underwriter ' s fees , capitalized interest, admini-
strative fees , legal fees , engineer ' s payment , and a
reserve fund held for a potential shortfall in
payment by the property owners . D. Oster said that
four or five months are needed to complete all the
steps required for the formation of the district .
In response to questions about the potential total
cost of the bond issue, D. Oster said that it
depended on the term of payback , which for a smaller
issue, could be in the 5 to 7 year range. He said
that the appropriate term and interest rate would be
the judgement of the underwriter.
R. Bishop commented on the high level of community
support during the formation of the special
assessment district to help acquire the former
Hassler Health Horne property. He said there had
already been public agreement on the boundaries of
the district, and on having equal assessment for all
neighbors .
H. Grench said he would return to the Board with an
agenda item on this topic for consideration and
action. He said that no Board action was requested
at this time.
Harry Haeussler, 1094 Highland Circle , Los Altos ,
said that he was shocked to learn of the potential
of forming an assessment district to help purchase
the Vidovich property. He questioned what area was
being considered for this assessment district and C.
Britton answered that the district would probably be
between St . Joseph ' s Avenue and Moody Road on the
southerly side of 1-280 , approximately 900 lots .
Mr. Haeussler was informed by some members of the
Board that an assessment distinct had been mentioned
during the acquisition hearings .
Susan Smith, 23230 Ravensbury, Los Altos Hills , said
that she felt that the members of the public who
were involved in supporting the Vidovich purchase
realized there would be an assessment district .
Meeting 91-36 Page 4
C. Pro used Seasonal and Interim Trail Closures to
Bicycle and Equestrian Use (gepqXtR-9l-134 dated
November 15 1991)
John Escobar said that there are only minor changes
from last year ' s trail closure report and that staff
was investigating potential closure of the Schilling
Lake access trail to bicycles . H. Grench said that
the items in the written report plus the Schilling
Lake Trail item constitutes the full list .
B. Crowder noted that 1991 should be changed to 1992
under Farm Bypass/Coyote Trail on the table .
No objection was made to the closure plans .
D. Property Tax Allocation from Proposed Central Los
Gatos Redevelopment Project {Retort R-91-136 dated
November 10., 1991)
H. Grench explained that to protect the District ,
the Board should pass a resolution that would
guarantee that the District will receive at least a
2% annual increase in the base year share of
property tax collected in the project area. He said
that staff will endeavor to negotiate a more
favorable arrangement for the District .
Motion: R. McKibbin moved that the Board adopt
Resolution 91-45 , a Resolution of the
Board of Directors of the Midpeninsula
Regional Open Space District Electing to
Receive Incremental Property Tax Revenues
as Provided for by Section 33676 of the
California Health and Safety Code. T.
Henshaw seconded the motion. The motion
passed 7 to 0 .
VI . INFORMATIONAL REPORTS
G. Babbitt reported that the staff appreciation event was
$300 under budget .
N. Hanko showed the November 18 , 1991 issue of Time Magazine
that included a foldout picture of Long Ridge Open Space
Preserve. She distributed to the Board for comment a letter
to the Time editor describing the foresight of the voters to
preserve the land and encouraging similar actions in other
states .
H. Grench said R. McKibbin had asked at the last meeting
about how the San Mateo County property tax revenue compared
to projections at budget time. H. Grench said the tax
revenue is $50 , 000 to $75, 000 more than was budgeted.
H. Grench said that the Finance Committee would meet on
Wednesday, November 27 , at noon, noting Esther Feldman of the
Mountains Conservation and Education Authority was scheduled
to speak. He invited the Board members to attend this
noticed committee meeting.
Meeting 91-36 Page 5
H. Grench pointed out the supply of In-F-light news ,
containing an article about a plane crash on Corte de Madera
Open Space Preserve many years ago.
H. Grench said M. Hale , J. Coombs , and D. Mills , gave a very
good presentation to the full staff on the Public
Communications department ' s activities and noted B . Crowder
and K. Duffy attended. He distributed a list of everyday
projects that had been part of the presentation material .
J. Escobar reported on a bike injury accident at Long Ridge
Open Space Preserve.
VII . CLAIMS
Motion: R. Bishop moved that the Board approve Revised
Claims 91-21 . R. McKibbin seconded the motion.
The motion passed 7 to 0 .
VIII . CLOSED SESSION
N. Hanko stated that the Board would meet in closed session
to discuss personnel matters .
The Board recessed to Closed Session at 8 : 58 P .M.
Ix. ADJOURNMENT
The meeting was adjourned at 10 : 28 P.M.
Kathleen Hart
Recording Secretary