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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