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Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 92-12
REGULAR MEETING
BOARD OF DIRECTORS
May 13 , 1992
MINUTES
I . ROLL CALL
President Robert McKibbin called the meeting to order at 7 : 30 P.M.
Members Present : Ginny Babbitt , Richard Bishop, Betsy Crowder, Kay
Duffy, Nanette Hanko, Teena Henshaw, and Robert McKibbin.
Personnel Present : Herbert Grench, Craig Britton, Jean Fiddes, Mary
Hale, John Escobar, Del Woods , Sheryl Marioni-Cochran, David Tapley,
Ken Miller, Michael Faster, Stanley Norton, and Deborah Morvay-
Zucker.
Ii . Oral Communications
There were no oral communications .
III . ADOPTION OF AGENDA
H. Grench stated that , although the consent calendar included
written communications , there were no written communications .
R. McKibbin stated that the agenda was adopted by Board consensus.
IV. ADOPTION OF CONSENT CALENDAR
Motion: G. Babbitt moved that the Board adapt the Consent
Calendar which included minutes of the April 22 ,
1992 Regular Meeting; Final Adoption of the
Comprehensive Use and Management Plan for Skyline
Ridge Open Space Preserve; Adoption of Resolution
92-15, A Resolution of the Board of Directors of
the Midpeninsula Regional Open Space District
Endorsing the Passage of Santa Clara County Measure
A on the June 2, 1992 Ballot ; and Revised Claims
92-09. T. Henshaw seconded the motion. The motion
passed 7 to 0 .
V. BOARD BUSINESS
A. Appointment of Peace Officer (Report R-92-56)
J. Escobar introduced and the Board welcomed Ken Miller,
District ranger, who started working for the District April 27 ,
1992 .
Motion: B . Crowder moved that the Board adopt Resolution 92-16 ,
a Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Appointing
201 San Antonio Circle,Suite C-135 . Mountain View,California 94040 x 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 92-12 Page 2
Peace Officer. N. Hanko seconded the motion. The
motion passed 7 to 0 .
B. Proposed Addition of the :ink Property to the Mt . Umunhum Area
of Sierra Azul Oven Space Preserve (Report R-92-54)
C . Britton described the 26 . 66 acre property, located between
Mt . Umunhum Road and Woods Road with access to the property via
Barlow Road. He stated that the purchase price was $265, 000
cash, payable at, close of escrow, and that the District ' s
standard purchase agreement also included a leaseback of the
property by the owners for a period of up to one year. He
stated that $5, 000 would be withheld at the close of escrow
until the property was cleared of debris by the owners .
S . Marioni.--Cochran further described the property as surrounded
by District land on three sides . She stated that its importance
to the District was that it was one of four inholdings remaining
in the area and that it would connect Mt . Umunhum Road to the
Ridge Trail . She said that the house on the property would be
rented as an enterprise structure.
Motion: K. Duffy moved that the Board adopt Resolution 92-17 , a
Resolution 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 or Assistant General Manager to Execute
Any and All Other Documents Necessary or Appropriate to
Closing of the Transaction (Sierra Azul Open Space
Preserve - Lands of Sink) . T. Henshaw seconded the
motion. The motion passed 7 to 0 .
Motion: K. Duffy 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 Mt . Umunhum Area of Sierra Azul.
Open Space Preserve, and indicate its intention to
withhold the property from dedication as public open
space at this time. T. Henshaw seconded the motion.
The motion passed 7 to 0 .
C . Consideration of Assessment District to Help Fund Vidovich
Property Addition 'to Rancho San Antonio Open Space Preserve
(Report R-9.'-11-51 )
H. Grench highlighted the importance of the preservation of the
Vidovich property to the citizens opposed to development of the
Vidovich property. He noted that during the earliest
considerations of the purchase, concerned citizens and the
District had stated that it would probably be necessary to form
an assessment district to help fund the purchase. He stated
Meeting 92-12 Page 3
that the final negotiated total purchase price of $9, 31.7 , 000
confirmed the need for an assessment district to raise
approximately $1 , 000 , 000 . He added that other critical factors
were affecting the District ' s available funds and that the
formation of the assessment district would enable the District
to cr,mi,:lete its agreement with Vidovich.
H. Grench discussed the results of a public opinion survey
conducted by J. Moore Methods of Sacramento. He noted the
survey was conducted in an area that might potentially be
included in an assessment district and that the consultant had
concluded, based on the survey, that there was support to form
the assessment district.
He emphasized the importance of providing complete information
to the public during the entire process . He stated that this
would be accomplished beginning with an informal public
informational meeting about one month from initiation of
proceedings .
H. Grench stated that the resolutions recommended for approval
were not to form the assessment district but were to initiate
proceedings and to hire the engineer to determine benefit to the
properties to be assessed. He noted the Board could stop the
assessment district process at any time. He introduced Antonia
Dolar, of Orrick, Herrington, and Sutcliffe (bond counsel) ;
Randy Leptien, Leptien , Cronin, Looper, Inc. (engineer) ; and
Douglas Charenko and Saul Rosenbaum of Prudential Securities,
Inc. (underwriter) . Ms. Dolar and Mssrs . Leptien and Charenko
explained how their firms would be involved in the benefit
assessment district process. R. Leptien stated that without
benefit of a petition to form the assessment district his firm
would determine the benefit of the acquisition to the properties
being assessed. He stated that appropriate unit assessments
would be determined .
R. Bishop asked for an explanation of the method of citizen
protest in the proceedings . R. Leptien stated that an informal
public meeting would provide the first opportunity for the
public to receive information and to comment, and that the
proceedings provide for a formal public hearing. A. Dolar
responded that , legally, any interested person may protest. She
added that written protest by property owners of 51% of the
property to be assessed (by area) would constitute a majority
protest . She stated that the Board could legally override a
majority protest by a four-fifths vote.
K. Duffy asked how potential subdivisions would be assessed.
R. Leptien stated that unique assessments may be made for such
properties . S . Norton emphasized that land area is the
Meeting 92-12 Page 4
1
important factor in the weight of protests by individual
property owners .
R. McKibbin asked for public comment.
Harry Haeussler, 1094 Highland Circle, Los Altos , asked for
clarification of the unit assessment with respect to future
subdivisions . He stated that he opposed the precedent being set
by the District of initiating the formation of an assessment
district as opposed to being initiated by public petition, and
that he thought the use of the landscape and lighting title was
misleading.
A. Dolar explained that the Landscape and Lighting Act of 1.972
contained the legal provision for the formation of the
assessment district and included the acquisition of land for
open space purposes .
Susan Smith, 23230 Ravensbury Ave. , Los Altos Hills , stated that
she was in favor of the assessment district , but added that she
and her husband were concerned that parking for the additional
open space land might increase traffic through her neighborhood.
She said that she thought the citizens involved in the passage
of Measure B were happy to turn over the initiation of the
assessment district ' s formation to the District because of the
amount of work required by citizens in a petition procedure.
N. Hanko stated that as a member of the Finance Committee she
was pleased with the level of support indicated in the survey
and that she agreed with initiating the process to get public
input .
Motion* K. Duffy moved that the Board adopt Resolution 92-18 , a
Resolution of the Midpeninsula Regional Open Space
District Initiating Proceedings for the Formation of an
Assessment District . R . Bishop seconded the motion.
The motion passed 7 to 0.
Motion: K. Duffy moved that the Board adopt Resolution 92-19 ,
a Resolution of the Midpeninsula Regional Open Space
District Appointing Bond Counsel. , Engineer of Work, and
Underwriter for Assessment District No. 1992-1
(Vidovich Acquisition) . R. Bishop seconded the motion.
The motion passed 7 to 0.
Motion: K. Duffy moved that the Board adopt Resolution 92-20 ,
a Resolution of the Midpeninsula Regional Open Space
District Declaring the Official Intent of the
Midpeninsula Regional Open Space District to Reimburse
Certain Capital, Expenditures from the Proceeds of
Meeting 92-12 Page 5
Assessment District Bonds , Relating to the Acquisition
of Open Space Lands . R. Bishop seconded the motion.
The motion passed 7 to 0 .
Motion: K. Duffy moved that the Board set a goal of raising a
maximum of 10% of the total cost of the Vidovich
acquisition through formation of the assessment
District, with a companion goal of not exceeding an
average individual assessment of $85.00 annually for a
typical single family parcel , and direct staff to mail.
a letter from the Board President-, to property owners in
the proposed assessment District area , after
preliminary work is completed by the engineer,
explaining the need and the process , and inviting them
to an informational meeting. R. Bishop seconded the
motion. The motion passed 7 to 0 .
D. 20th Anniv
B. Crowder reviewed the 20th Anniversary Committee ' s draft plan
for events and activities celebrating the District ' s twentieth
anniversary.
Motion: R. Bishop moved that the Board approve, in concept, the
draft plan prepared by the 20th Anniversary Committee.
T. Henshaw seconded the motion. The motion passed 7 to
0 .
E. A reement with United States Geolo ical urve to Construct a
Communication Tower on the Former Almaden Air Force Base (Report
R-9�2-45)
J. Escobar explained the proposed agreement with United States
Geological Survey and showed slides of the location proposed for
construction of a communication tower. He stated that staff
determined the value of construction of the facility to be in
excess of $5, 000. He stated that D. Topley and S . Norton
prepared the agreement.
Motion: N. Hanko moved that the Board authorize the general
manager to enter into a contract agreement with the
United States Geological Survey to construct a 29-foot
communication tower on the former Almaden Air Force
Base in the Mt . Umunhum Area of Sierra Azul Open Space
Preserve. R. McKibbin seconded the motion. The motion
passed 7 to 0.
VI . INFORMATIONAL REPORTS
G. Babbitt reported that the Mountain View Children ' s Parade and
Picnic in which she and ranger Michael. Newburn participated were
successful events. She said that she also addressed the Mountain
View Rotary Club.
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Meeting 92-12 Page 6
R. McKibbin reported that be attended the Park District Forum in New
Jersey and the meetings specially arranged for the Legislative
Committee with legislators in Sacramento. He said that Ralph Heim
had suggested a one-day staff and Board legislative strategy
planning session in the fall .
T. Henshaw stated that she made an informational presentation to the
Parents and Teachers Association of Duveneck School in Palo Alto.
She noted that , although many people had used District preserves ,
they did not recognize them as belonging to the Midpeninsula
Regional Open Space District. She reported that the Legislative
Committee ' s trip to Sacramento was to build support with the
District ' s state legislators . She proposed that the committee have
a follow-up meeting and that letters be drafted to the legislators
the committee visited.
K. Duffy reported she would speak at an event to thank Doug and
Louise Lincoln for their efforts to stop the development of a road
through St. Joseph ' s Hill Open Space Preserve. Additionally, she
requested that the Board president place consideration of rangers
patrolling on bicycles on an upcoming agenda.
H. Grench reported that the job descriptions prepared by Ralph
Anderson & Associates in its conduct of a salary survey had been
reviewed by the management team and would be distributed to the
staff . He said that a staff training would be conducted by Elad
Levinson on "How to Run a Successful Meeting, " and that R. McKibbin,
N. Hanko, and B. Crowder were planning to attend.
H. Grench reported on his recent attendance at and the highlights of
the Park District Forum, the California Park and Recreation Society
Legislative Conference, and the County Park and Recreation Directors
Association meeting.
H. Grench announced that he and Vicki Moore of Greenbelt Alliance
would be talk show hosts on a radio program to be taped May 27 at 1
p.m. for KCSM FM91 .
C . Britton reported that construction had resumed at 330 Distel
Circle.
J. Escobar reported on five bicycle accidents and one equestrian
accident on District preserves . He also reported that he and senior
ranger Dennis Danielson attended the Park District Forum.
D. Woods announced that the South Bay Trail Forum would be held at
the San Jose Civic Center , Thursday, May 14 , at 7 : 30 p.m.
Meeting 92-12 Page 7
VII . ,,:LOSED SESSION
C . Britton announced that land negotiations to be discussed were
Santa Clara County assessor ' s parcel numbers 544-07--13 (PTN) ; 544-
09-05 (PTN) ; 544-05-15, -23, -24, -26 and -28 , currently owned by
the County of Santa Clara and negotiated with Donna Logan. H.
Grencb stated that personnel matters would also be discussed. The
Board recessed to Closed Session on land acquisition and personnel
matters at 9: 47 P.M.
VIII . ADJOURiIMENT
The meeting was adjourned at 11 :05 P.M.
Deborah Morvay-Zucker
Secretary