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Home My Public Portal About19920708 - Minutes - Board of Directors (BOD) Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-17 REGULAR MEETING BOARD OF DIRECTORS July 8 , 1992 MINUTES I . ROLL CALL President Robert McKibbin called the meeting to order at 7 :35 P .M. at the multi-purpose room, Bullis-Purissima Elementary School , 25890 Fremont Road, Los Altos Hills. Members Present : Katherine Duffy, Nonette Hanko, Richard Bishop, Robert McKibbin, Ginny Babbitt , and Betsy Crowder. Member Absent : Teena Henshaw. Personnel Present : Herbert Grench, Craig Britton, Jean Fiddes , John Escobar, Tom Randall , Michael Juricb, Deborah Morvay-Zucker, and Emma Johnson. TT . ORAL COMMUNICATIONS There were no oral. communications . TTT . ADOPTION OF AGENDA H. Grench recommended that written communications be taken off the consent calendar . Motion: G. Babbitt moved that written communications be removed from the consent calendar and that the agenda , as amended, be adopted . K. Duffy seconded the motion. The motion passed 6 to 0 . 1V. ADOPTION OF CONSENT CALENDAR Motion: G. Babbitt moved that the Board adopt the revised consent calendar, including Revised Claims . K. Duffy seconded the motion. The motion passed 6 to 0 . V. WRITTEN COMMUNICATIONS H. Grench said that the Board had received a number of written communications expressing support for the formation of the assessment district . J . Fiddes stated the letters were from: Don Leonard, Albertsworth Lane; Helena and Christian Cole; Geoffrey and Christine Bate , Camino Hermoso; Liz Dana , Bassett Lane; Robert Davis , Ravensbury Avenue; Nina Myers , Olive Tree Lane; Frances Rappaport; Lawrence Hooser , Olive Tree Lane; Meeting 92-17 Page 2 Frances Pfeiffer, Blander Way; John Cox, Ravensbury Avenue; Trene Black, Blander Way; The Schubert family, Olive Tree Lane; Fred and Ann Haechl , Blander Way; David Anderson, Olive Tree Lane; John Pauly, Blander Way; Arie Kintzig, Olive Tree Lane; K.R . Smith, Ravensbury Avenue; Kenneth Carter, Olive Tree Lane; illegible signatures Sundown Canyon Way and Olive Tree Lane; Fred Lucero, Sundown Canyon Way, Richard and Diane Turner, Curren Hill Drive, Robert G. Todd and Clare I . McDermott , Loyola Drive, Jannette Spitzer, Bassett Lane. She said the Board had also received a letter dated June 25, 1992 from the Redevelopment Agency of the City of San Jose regarding the amended Alum Rock Avenue Plan. R. McKibbin stated that his July 1 , 1992 response to the letter from William and Mary Layman of Los Altos should have stated that the negotiated price was $1 .77 million, rather than $1 million, less than the appraised value. Motion: G. Babbitt" moved that the Board approve answers to the written communications. B. Crowder seconded the mot-ion. The motion passed 6 to 0 . VT . PUBLIC HEARING Public Hearinq and Potential Action on Midpeninsula Regional Open Space District Assessment District No. 1992Z1 (Vidovich ry Acquisition} (Report R-9279) R. McKibbin stated that on June 10 , 1992 the Board adopted Resolution 92-25, a resolution of intention setting the time, date , and place for the protest hearing for the proposed Vidovich benefit assessment district . He also stated that mandatory notices had been posted and published by the district clerk in preparation for the hearing. R. McKibbin declared the public hearing open at 7 :40 P.M. and requested that written protests be delivered to the district clerk. H. Grench introduced Carlo Fowler and Antonia Kolar of Orrick, Herrington, and Sutcliffe, bond counsel ; Randy Leptien of Leptien-Cronin-Cooper, Tne. , engineer; Craig Britton, assistant general manager and land acquisition manager; Jean Fiddes , district clerk; and Emma Johnson, recording secretary. H. Grench summarized the District ' s actions to acquire the Vidovich property and establish an assessment district . C . Britton reported on the benefits of acquiring the property and summarized the District ' s negotiations to acquire the Vidovich property. Meeting 92-17 Page 3 R. Leptien reported that 83 written protests representing approximately 8% of the proposed assessment district area had been transmitted to him by the district clerk thus far and that written protests would be accepted and tallied through the close of the public hearing. He reviewed his report on how assessment district boundaries and benefits had been determined. A. polar reported that all legal requirements and procedures under the Landscaping and Lighting Act of 1972 had been followed, a resolution of intention had been adopted; a boundary map had been filed; and the district clerk had completed the mandatory posting, publication, and mailing of notices to owners of property within the proposed assessment district. She explained the potential actions the Board could take under the law and what. would be required to proceed with the assessment district . J. Fiddes stated that at the close of the workday 87 written protests had been received and that-, she would convey the originals to the Board, noting that the Board had received copies of all protests to date for its review. She said that the District had received one withdrawal of a filed written protest and a withdrawal of protest that had not been received by the Clerk of the Board . She said that five written protests had been turned in since the start of the meeting and that they had been given to the engineer for tallying. R. McKibbin opened the meeting for public comments: The following spoke against the proposed assessment district : Shari and Edward Emling, 11853 Murietta Lane; Carol. Phy, 25616 Moody Road; Steve Hunton, 11991. Murietta Lane; R .W. Caughlan, 10836 West Loyola Drive; Jon Coupal , Howard Jarvis Taxpayers ' Association, Sacramento; Pete McSweeney, San Antonio Hills; David Proft , 26271 Moody Road; Jane Grueninger, 23575 Ravensbury Avenue; David Gulick, 25091 Tepa Way; and John Christenson, Jr. , 25071 Tepa Way; Kenneth Carter, 24612 Olive Tree Lane; Gay Lawrence Pang, 12025 Moody Springs Court; Thornton R. Fisher, 25603 Fernhill Drive; Peter Schubart , 24624 Olive Tree Lane; Jean Struthers , 13690 Robleda; Wayne Abraham, 12630 Corte Madera; Patricia Castro, 901 Madonna Way; Al Augustine, Olive Tree Lane; Vaughn Shahinian, 11185 Mora Drive; Lois Lugonia , 23515 Fernhil.1 Drive; Sam Lugonia , 23515 Fernhill Drive; Richard Oliver, 25466 Adobe Lane; Merlynne S . Army , 24721 Olive Tree Lane; Russ Carter, 940 Saratoga Ave, San Jose; Tom Doran, 24920 La Loma Court; Harry Block, 11751 Winding Way; C . S . Lindel , 1215 Edgecliff ; Fran Stevenson, 26989 Beaver Lane; Richard Quigley, 25538 Adobe Lane; Eta Somekh, 25625 Moody Road; Elizabeth Wallace, 23691 Camino Hermoso; and Karl Sadeghian, 11754 Eastbrook Avenue. During her presentation to the Board, S . Emling presented the Meeting 92-17 Page 4 district clerk with "over 500" written protests . K. Ry Smith, 23230 Ravensbury Avenue; Hal Feeney, 11030 Mora Drive; and Stacy French, 11970 Rhus Ridge Road, spoke in favor of the assessment district . Motion: N. Hanko moved that the Board close the public hearing. B. Crowder seconded the motion . The motion passed 6 to 0. The public hearing was declared closed at 10: 17 P.M. R. McKibbin called for a recess at 10: 17 P.M. The meeting reconvened at 10: 35 P.M. R . Leptien responded to questions and criticisms presented during the public hearing and stated that certain parcels should be added to the assessment district. A. Dolar and C . Fowler clarified technical aspects of the proceedings . A. Dolar stated that if parcels were added to the assessment district the proceedings would begin again for owners of the additional parcels and that original assessments would likely be reduced. H. Grench and C . Britton responded to various questions presented during the public hearing. K. Duffy, R. Bishop, B. Crowder, G. Babbitt, and R. McKibbin stated their reasons for their support of the initiation and continuation of the assessment district proceedings to this point . R. McKibbin commented that both the formal and the informal proceedings for the proposed formation of an assessment district provided opportunities for the Board to hear and consider the protest arguments in addition to the arguments in favor of its formation. N. Hanko stated that she would not support formation of the assessment district . The Board heard additional. comments while the written protests received at the beginning of the meeting were being reviewed and processed. R . McKibbin called for a brief recess at 12 : 22 A.M. , July 9, 1992 . The meeting reconvened at 12: 52 A.M. R. Leptien reported that all written protests had been processed and that written protests had been filed by owners of 527 of the 924 parcels proposed to be assessed. He said that the area of the written protests was 737 acres . He stated that the 737 acres represented a majority protest of 55%. Motion: R . McKibbin moved that the Board adopt Resolution 92- 34 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Terminating Meeting 92-17 Page 5 Assessment District Proceeding (Midpeninsul,a Regional Open Space District Assessment District No. 1992-1 [Vidovieb Acquisition] ) and that the Board take no further action in establishing Assessment District No. 1992-1 or in levying the proposed assessments on the territory comprising said assessment district. N. Hanko seconded the motion. The motion passed 6 to 0 . VIT . CLOSED SESSTON R. McKibbin announced that there would be no closed session. He appointed G. Babbitt as secretary pro-tempore with the consent of the Board . VTIT . ADJOURNMENT The meeting was adjourned July 9, 1992 at 12: 55 A.M. Emma B. Johnson Deborah Morvay-Zucker Recording Secretaries