HomeMy Public PortalAbout19920610 - Minutes - Board of Directors (BOD) Open Space
------------------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 92-1.4
REGULAR MEETING
BOARD OF DIRECTORS
June 10 , 1992
MINUTES
I . ROLL CALL
President Robert McKibbin called the meeting to order at 7 : 40 P.M.
Members Present : Ginny Babbitt , Richard Bishop, Kay Duffy, Nonette
Hanko, Teena Henshaw, and Robert McKibbin,
Member Absent: Betsy Crowder .
Personnel. Present : Herbert Grench, Craig Britton, Jean Fiddes , John
Escobar, Sheryl Marioni-Cochran , Stanley Norton, and Deborah Morvay-
Zucker.
IT . ORAL COMMUNICATIONS
There were no oral communications
TIT . ADOPTION OF AGENDA
H. Grench requested that the Board remove agenda item three, Support
for Proposed Twenty-Eighth Amendment to the Constitution of the
United States - "Sustaining Quality of Life Through Responsible Use
of Resources , " from the consent calendar. R . McKibbin stated that
the agenda item was removed from the consent calendar and that the
agenda as amended was adopted by Board consensus .
IV. ADOPTION OF CONSENT CALENDAR
Motion : N. Hanko moved that the Board adopt the consent
calendar that included approval of the draft response
to a written communication from Elaine and Mort Levine,
22800 Prospect Road, Saratoga , dated May 1.992 ,
regarding extension of their lease of the Fremont Older
home; authorization to purchase a replacement telephone
system for the District ' s new administration office
from AT&T for a total equipment and installation cost
of $42 , 836 (Report R-92-67) ; and approval of Revised
Claims 92-1.0 . G. Babbitt seconded the motion. The
motion passed 6 to 0 .
201 San Antonio Circle,Suite C-135 - Mountain View,California 94040 - 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 92-14 Page 2
V. BOARD BUSINESS
A. Approval of Preliminary Boundary Mar) and Preliminary Approval of
Engineer ' s Report for Assessment District No. 1992-1 (Vidovich
Acquisition} (Report R--92-68)
H. Grench summarized the Board ' s actions to date and stated that
the next second steps in the Vidovich assessment district
formation process were to adopt the preliminary boundary map,
j preliminarily approve the engineer ' s report , and adopt the
resolution of intention , which would set the public hearing
protest meeting date .
R. Leptien reviewed the proposed boundaries and factors used in
determining the correlative benefits and assessments. He stated
that his Preliminary Engineer ' s Report had been filed with the
District Clerk. He added that the estimated annual payments by
zones ranged from $82 to $126 and were higher than first
estimated because the first estimate did not include bond costs.
Antonia Dolar of Orrick, Herrington, & Sutcliffe, bond counsel ,
explained the steps of the proceedings contained in the
resolutions presented to the Board for adoption. She responded
to questions from the Board for clarification of the statutorily
defined items contained in the resolution. She stated that the
Resolution of Intention contained the addition of three recitals
to state the estimated cost of the improvement , that the
District intends to contribute a total. of $8 , 385, 000 of the cost
of the improvement , and that the estimated amount to be levied
upon the properties within the proposed assessment district was
$1 , 147 , 000; that Section 2 would additionally state that the
District is located in the southeasterly portion of the Town of
Los Altos Hills and the surrounding portions of the
unincorporated area of Santa Clara County; that Section 7 would
state that the Board hereby orders that the cost of the
improvements shall be raised by an assessment levied and
collected in thirty annual installments. She also stated that
Section 8 would indicate the fiscal years of collection and the
range of the maximum amount of each annual installment. She
confirmed the change in Section 13 for publication of notice in
the Peninsula Times Tribune and asked for the Board' s direction
to do so. She added that Section 15 directs the Clerk of the
District to provide copies of the Resolution of Intention to the
Town of Los Altos Hills and Santa Clara County. She stated that
the technical inclusions and changes in the resolution were made
for statutory compliance .
Discussion followed concerning locating the July 8 meeting at
the Old Mill Office Center in Mountain View and publishing
notice in the Peninsula Times Tribune and so stating these
changes in the resolution. R . McKibbin directed A. Dolar to
Meeting 92-1.4 Page 3
make the respective changes in Sections 12 and 13 of the
Resolution of Tntention.
Residents of Los Altos Hills , Shari Emling, 11853 Murietta Lane;
Ed Seaman, 11519 Arroyo Oaks; Harry Block, 11751 Winding Way;
Carol Phy, 25616 Moody Road; Richard Oliver, 25466 Adobe Lane;
Steve Hunton, 11991 Murietta Lane; Ed Emling, 11853 Murietta
Lane; and David Proft-1 , 26271 Moody Road, spoke against formation
of the proposed assessment district . Vaughn Shanihan, 11185
Mora Drive , read and presented a written communication to the
Board against the proposed assessment district . Liz Dana, 25700
Bassett Lane, Los Altos Hills , expressed support for formation
of the proposed assessment district . Russ Carter, 940 Saratoga
Ave. , San Jose, spoke against formation of the assessment
District .
Discussion and comments followed by members of the Board,
including agreement with the various Los Altos Hills residents
whose concerns included locating the July 8 protest hearing at
Bullis-Purissima School , giving more than 10 days notice because
of the July 4 holiday weekend preceding the protest hearing
date, and assuring that property owners would know how to file a
written protest . With the Board ' s consensus, R. McKibbin
directed staff to give longer notice to property owners than
required by statute . T. Henshaw stated that she would vote
against the assessment district formation if the District
received protests from owners of 34% of the property proposed
for the assessment district . N. Hanko agreed in concept with T.
Henshaw ' s statement and stated that she would not support
another assessment district unless petitioned by the people who
live in the area . R. McKibbin stated that in the past five
years he had been urged by residents of his ward to acquire the
Vidovich property, maintain only neighborhood accesses to
preserves , and establish an assessment district in the area . He
stated that he believed the Board was following the most
equitable process for obtaining public input into the process .
Motion: K. Duffy moved that the Board adopt Resolution 92-24 , a
Resolution of the Board of Directors of the
Midpeninsula Regional. Open Space District Approving
Boundary Map and Preliminarily Approving Engineer ' s
lI Report. R. Bishop seconded the motion.
Motion
to
Amend: G. Babbitt", moved that the Board amend the motion to
stipulate that the Board shall assess a maximum
principal assessment of $965, 000. N. Hanko seconded
the motion.
Meeting 92-14 Page 4
Discussion: R. Leptien recommended a technical
modification of the amendment to include in the
Engineer ' s Report that the principal amount of
assessment for single family residential parcel shall
be as proposed in the engineer ' s Summary of Study
enclosed with the letter to neighboring property owners
from Robert McKibbin, dated May 28 , 1992.
R. Leptien requested that Engineer' s Report be revised
to state "The relative benefit received by parcels
other than single family residential. parcel shall be
calculated by multiplying the estimated number of
single family residential parcels times the benefit
factor with the respective zone. The total amount to
be assessed shall. be $965, 000 . "
G. Babbitt and N. Hanko included R. Leptien ' s proposed
Language change in the motion to amend. The motion to
amend passed 6 to 0 .
Motion
to
Amend: G. Babbitt moved that the motion be amended to include
that at least one staff member and at least one Board
member and a community representative review with the
engineer the protest statements before they are
presented to the full board. T. Henshaw seconded the
amendment . The amendment passed 6 to 0 .
Discussion followed regarding inclusion of a
representative of the community in the review of
protest letters. R. McKibbin stated Board consensus
that he would select a community representative.
Motion
to
Amend: N. Hanko moved that a letter be sent to each property
owner with a clear explanation of the assessment
district formation and to include boxes for property
owner to indicate a yes or no vote and reasons for
voting no.
The motion to amend failed for lack of a second.
Discussion followed regarding the form of the letter
and instructions for response to be sent to property
owners in the proposed district . J. Fiddes read the
proposed leter to property owners that would be mailed
to property owners .
Meeting 92-14 Page 5
Motion
to
Amend: T. Henshaw moved that a simple protest form be provided
on the back of the letter. N. Hanko seconded the
motion . The amendment passed 6 to 0 .
The motion to adopt Resolution 92-24 as amended passed
5 to I on the following vote:
Ayes : G. Babbitt , R. Bishop, K. Duffy, T. Henshaw,
and R. McKibbin.
No: N. Hanko.
Motion: K. Duffy moved that the Board adopt Resolution 92-25, a
Resolution of Intention of the Board of Directors of
the Midpeninsul-a Regional Open Space District. G.
Babbitt seconded the motion.
Motion
to
Amend: R. McKibbin moved that the motion be amended to approve
Bullis-Purissima School as the location for the July 8 ,
1992 meeting for hearing of protests; to direct staff
to also advertise notice of the July 8 meeting in the
Los Altos Town Crier; and to incorporate technical
changes recommended by bond counsel. and engineer of
work.
N. Hanko seconded the motion to amend. The motion
passed 6 to 0 .
The motion to adopt Resolution 92-25 as amended passed
6 to 0.
The Board recessed the meeting at 10 : 45 P .M. The Board
reconvened at 10: 55 P.M.
B. Proposed Addition of the Davis et al . Property t,o the Kennedy
Limekiln Area of Sierra Azul Open Space Preserve (Report R-92-
66)
Motion: N. Hanko moved that the Board adopt Resolution 92-26, 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 or Assistant
General Manager to Execute Any and All Other, Documents
Necessary or Appropriate to Closing of the Transaction
Meeting 92-14 Page 6
(Sierra Azul Open Space Preserve Lands of Davis et
al . ) G. Babbitt seconded the motion. The motion
passed 6 to 0 .
Motion: N. Hanko moved that the Board tentatively adopt the
Preliminary Use and Management Plan recommendations
contained in this report, including naming the property
as an addition to the Kennedy Limekiln Area of Sierra
Azul Open Space Preserve, and indicate its intention to
dedicate the property as public open space. G. Babbitt
seconded the mot-ion. The motion passed 6 to 0 .
C . Support for Proposed Twenty-Eighth Amendment, to the Constitution
of the United States - "Sustaining Qualitv of Life Through
Responsible Use of Resources" (Report R-92-65)
Motion: N. Hanko moved that the Board adopt Resolution 92-27 ,
Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Endorsing
Support of Twenty-Eighth Amendment to the Constitution
of the United States - "Sustaining Quality of Life
Through Responsible Use of Resources . " R. Bishop
seconded the motion . The motion passed 6 to 0 .
VT . Triformational, Reports
N. Hanko stated that the District had not received all the 1990
census information needed to evaluate potential ward boundaries and
said that a special meeting may have to be called by the Board to
approve the boundaries and call the election in Wards 3, 4 , and 7 .
The tentative date selected for a meeting, if necessary, was Monday,
June 29 .
H. Grench stated that because of the state ' s budget problems the
state legislature was contemplating taking back the bail-out funds
to agencies , including special districts , for, redistribution t'o
schools . He said that the legislation could result in a logs of $1
million or more of funds to the District annually.
C . Britton stated that the Sink property escrow closed May 29 , 1992
and that because no public comment had been received regarding the
acquisition, there would be no second reading.
J. Escobar reported a vehicular accident involving one District
employee. He reported an accident involving a hiker in an off-
limits area of St . Joseph ' s Hill Open Space Preserve and two solo
bicycle accidents . He stated that the communications tower
agreement with U. S . Geological Survey was signed and that
construction of the tower would begin.
Meeting 92-14 Page 7
R. McKibbin expressed thanks to staff for their work on the Skyline
Ridge Open Space Preserve and Bay Area Ridge Trail dedication
events .
H. Grench stated that no closed session was needed.
VII . Adiournment
The meeting was adjourned at 11 : 08 P.M.
Deborah Morvay-Zucker
Recording Secretary
i
CORRECTIONS TO MINUTES OF JUNE 10, 1992
June 10, 1992
N. Hanko stated that the record should show that she is opposed
to the formation of the Vidovich assessment district and -will not
support assessment districts in the future unless they are
initiated by the residents of the assessment area. She asked
that the third paragraph, page 3 be amended to state that she
"would not support any assessment district. . . " rather than she
"would not support another assessment district. . . "
Motion: N. Hanko moved that the minutes of the June 10 meeting
be approved as amended. B. Crowder seconded the
motion. The motion passed 7 to 0.
i
III