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HomeMy Public PortalAbout19920513 - Minutes - Board of Directors (BOD) I 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. ---------- 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