HomeMy Public PortalAbout19920629 - Agendas Packet - Board of Directors (BOD) - 92-16 Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 92-16
SPECIAL MEETING
BOARD OF DIRECTORS
A G E N D A
7 : 30 P .M. 201 San Antonio Circle
Mondav Building C - Suite 135
June 29 , 1992 Mountain View , Calif .
(7 : 30) * ROLL CALL
ORAL COMMUNICATIONS --- Public* *
BOARD BUSINESS
(7 : 45) 1 . Ward Boundary Re-Alignments -- J. Fiddes
Resolution Altering Existing Ward Boundaries
(8 : 00) 2 . Calling of District Election and Requests for,
Consolidation of Services -- J . Fiddes
Resolution Calling Election and Requesting
Consolidation Santa Clara County
Resolution Calling Election and Requesting
Consolidation San Mateo County
(8 : 05) 3 . Update on State Budget Crisis and Impact on
District -- H. Grench
(8 : 20) INFORMATIONAL REPORTS -- Directors and Staff
CLOSED SESSION (Litigation , Land Negotiations , Labor
Negotiations , and Personnel Matters)
ADJOURNMENT
NOTE: Times are estimated and items may appear earlier or later than
Listed. Agenda is subject to change of order.
TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items
at the time each item is considered by the Board of Directors. You may
address the Board concerning other matters during oral communications. Each
speaker will ordinarily be limited to 3 minutes. When recognized, please
begin by stating your name and address. Please fill out the speaker's form so
your name and address can be accurately included in the minutes.
Alternately, you may comment to the Board by a written communication, which
the Board appreciates.
201 San Antonio Circle,Suite C-1 35 - 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
NOTICE OF PUBLIC MEMNry
The Board's regular wee ting of Jfednesdd-Y. July 8, 1992 will be held at Bullis-
Purissima Elementary School, 25890 Fremont Road, Lo.',; Altos Hills, beginning at
7:30 PaM. for the purpose of hearing protests or other public comment about
the formation of Midpeninsula Regional Open Space District Assessment District
1992-1 (Vidovieb Acquisition) .
Open Space
R-92-76 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 92-16
June 29, 1992
AGENDA ITEM
Ward Boundary Re-Alignments
ASSISTANT GENERAL MANAGER'S RECOMMENDATION
Adopt the attached resolution altering existing ward boundaries
based on 1990 census data.
Discussion: In preparation for the forthcoming election, staff
and Director Hanko reviewed present ward boundaries to determine
if adjustments are necessary based on 1990 census elector
population figures. Elector population in the District's seven
wards range from a low of 62 , 172 in ward 1 to a high of 72 , 627 in
ward 5. Based on the total District elector population of
480, 656, an ideal ward elector population would be 68, 665.
The following chart details current and proposed elector
populations for each of the Wards.
Existing Proposed
Elector Population Elector Population
Ward 1 62 , 172 69, 150
Ward 2 63 ,580 68,569
Ward 3 72 ,245 68,502
Ward 4 70,783 68,713
Ward 5 72 , 627 68,369
Ward 6 66,787 68,531
Ward 7 72 ,422 68,822
480, 616 480, 656
The elector population differs from total population figures
since the elector population is individuals 18 years and over.
Based on 1990 census figures, the District's total population now
stands at 600, 929, compared with the 1980 District census total
of 555, 000. It should be noted that these figures are not exact
since it is difficult to obtain exact population figures for the
remote rural areas of the District, as well as from some split
census tracts.
Because of the range of elector counts based on current
boundaries, ward boundary adjustments are required for all wards,
particularly because the population differs in wards I and 7. The
elector population shifts to increase the number of electors in
ward 1 and decrease the number of electors in ward 7 has a domino
effect on all other wards. In adjusting ward boundaries, the
factors such as 1) not splitting cities or communities more than
necessary; 2) not crossing county lines in more than one
jurisdiction; and 3) using census precincts, established election
201 San Antonio Circle,Suite C-1 35 - 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
R-92-76 Page 2
boundaries, and physical features, such as roads or freeways to
define a boundary were taken into consideration.
Proposed boundary adjustments are as follows:
Ward 1 (currently Los Gatos, Monte Sereno, Saratoga, portions of
Cupertino) boundary would expand to include more of the Cupertino
and unincorporated area of Santa Clara County in the Monta Vista
area that corresponds to census tract 5077. 03 . In addition, the
area of Cupertino south of McClellan Road in census tract 5078. 04
would shift from ward 2 to ward 1. Ward 1 would also absorb the
portion of ward 2 in census tract 5076 shifting ward is boundary
from the Mt. Eden/Pierce Road area west to the census tract
boundary to correspond to an established assembly district
boundary.
Ward 2 (currently portions of Cupertino, Sunnyvale, Los Altos,
and Los Altos Hills) would shift portions of Cupertino and
unincorporated area Santa Clara County in the Monta Vista area
that corresponds to census tract 5077. 03 to ward 1. The area of
Cupertino south of McClellan Road in census tract 5078. 04 would
become part of ward 1. In addition, the portion of ward 2 in
census tract 5076 would shift to ward 1, extending the ward 1
boundary in the Mt. Eden/Pierce Road area west to the census
tract boundary to correspond to an established assembly district
boundary. From ward 3 , ward 2 would absorb a portion of
Sunnyvale corresponding to census tract 5085. 06 north of Fremont
Avenue bounded by Fremont Avenue, Henderson Avenue, Sequoia
Drive, Reed Avenue, and the City of Santa Clara boundary. The
portion of Los Altos and unincorporated Santa Clara County north
of Fremont Avenue and the portion of Los Altos and unincorporated
Santa Clara County southwest of Foothill Expressway currently in
ward 4 would shift to ward 2. From ward 5, ward 2 would absorb
the Los Altos Hills area west of Page Mill Road, as well as a
portion of the Stanford campus and Stanford lands west of
Junipero Serra Boulevard.
Ward 3 (currently Sunnyvale) A portion of Sunnyvale
corresponding to census tract 5085. 06 north of Fremont Avenue and
bounded by Fremont Avenue, Henderson Avenue, Sequoia Drive, Reed
Avenue, and the City of Santa Clara boundary would shift to ward
2 .
Ward 4 (currently Mountain View and portions of Los Altos) The
portion of Los Altos and unincorporated Santa Clara County north
of Fremont Avenue currently in ward 4 would shift to ward 2 . In
addition, the portion of Los Altos and unincorporated area of
Santa Clara County southwest of Foothill Expressway would become
part of ward 2 . Ward 4 's boundary would be adjusted to
incorporate a small, unpopulated area of Mountain View north of
Central Expressway that is currently in Ward 3 but is part of the
City of Mountain View.
R-92-76 Page 3
Ward 5 (currently Palo Alto, Stanford, portions of Los Altos
Hills and east Palo Alto) would shift its Los Altos Hills area to
Ward 2, as well as a portion of the Stanford campus and Stanford
lands west of Junipero Serra Boulevard. Ward 5 would absorb all
of East Palo Alto bayside of Bayshore Freeway from ward 6.
Ward 6 (currently Menlo Park, Atherton, Woodside, Portola Valley,
Ladera, a portion of East Palo Alto, Farm Hills area, Emerald
Lake area, and Skyline area in San Mateo County) . The remaining
portion of East Palo Alto bayside of Bayshore Freeway would be
added to the existing area of East Palo Alto in ward 5. Ward 6
would absorb the portion of the Farm Hills area (census tract
6111) in ward 7 , as well as portions of the Redwood City-Selby
area.
Ward 7 (currently San Carlos, Redwood City, Palomar Park area,
portion of Farm Hills area) would relinquish its portion of the
Farm Hills area to ward 6. Also, portions of the Redwood City-
Selby area would shift to ward 6.
Exhibit A (attached) schematically shows the new ward boundaries
recommended for your approval. Because of the size and bulk of
Exhibits B through D, it is not possible to include copies of
these exhibits with your packet material. These exhibits are
available at the District office for public inspection. The
attached sheets show the proposed ward boundary changes detailed
in this report.
Prepared by:
Jean H. Fiddes, District Clerk
Contact person:
Same as above
RESOLUTION NO. 92-31
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
ALTERING EXISTING WARD BOUNDARIES
WHEREAS, the Board of Directors of the Midpeninsula Regional
Open Space District has reviewed population figures provided by
the 1990 United States Census for the District's seven wards; and
WHEREAS, it has been determined that ward boundary
adjustments are in order to achieve a substantially equal elector
population per ward based on the census data;
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of
the Midpeninsula Regional Open Space District as follows:
Section One: Pursuant to Public Resources Code Section
5534 , ward boundaries are hereby adjusted for wards of the
Midpeninsula Regional Open Space District as described
schematically in Exhibit A affixed hereto and made a part hereof
and as delineated in detail on the following maps on file with
the District Clerk in the District office, which documents are
incorporated herein by reference:
Exhibit B - Santa Clara County Map
Copyright 1991 by Regal Map Company
Exhibit C - San Mateo County official Map (reduced)
Sheets 2, 3, 4 and 5
Exhibit D - San Mateo County Election Precinct Maps
Section 2 , Page 12 and 14A
Section Two: The ward boundaries as established by the
Board of Directors of the Midpeninsula Regional Open Space
District on July 14, 1982 with respect to the wards in Santa
Clara County and San Mateo County by Resolution 82-29 are
superseded by this resolution.
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Exhibit A - MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
WARD BOUNDARIES
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Portions of Cupertino and
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ESERVE
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vOPER •�E' rwolPECT 1.4
.•1 T ,n:.
REONTEBE[LOOPEN�'. -,1 ( > Ward 1 absorbs a portion of
L t SPACE PRESERVE�,�t�`` IrAESER y,r i
ward 2 in census tract 5076 in
SARATOGa ,___'•'"__•_. �.�. order for boundary to
a:::s: M
GAP OPEN rG,y-C•'S1EV£NS C11 4ii�'>0 �'+ 1.0 + j all
SPACE Q CO.PMz ciu?iS.S.a.�,._ 1.6 1:7 wrlr correspond to assembly district
O
boundary.
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L�i=a uoi oR ..:. :• uoeara..w
�u �=�-,:" fJ(VpHa Y �" : E?!t � >a ;,.• Portion of Sunnyvale north of
`r •� ,�` "' Fremont Avenue bounded by
o a t _.rrt..:o T,,,... 11_.'i:?c ;s:�k:! •wcwm'' s� '.
1]y�I.`'`'p, Fremont Avenue, Henderson
?IUYi•�OE fvll�
! _ •�•r W �.rT.�� ,�� wa•r -a� _a ,�•�„•; Avenue, Sequoia Drive, Reed
j Ci _ <ra •n ; < P�,�.�L, ..� Y Avenue, and City of Santa Clara
"' „t� a�pF�4 „_ ;_ • boundary shifts from ward 3 to
ward 2 .
Ent CALMINO EA
82
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Open Space A
----------------
R-92-77 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 92-16
June 29, 1992
AGENDA ITEM
Calling of District Election and Requests for Consolidation of Services
ASSISTANT GENERAL MANAGER'S RECOMMENDATION
1. Adopt the attached Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Calling Election and
Requesting Consolidation (Santa Clara County) for Wards 3 and 4.
2 . Adopt the attached Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Calling Election and
Requesting Consolidation (San Mateo County) for Ward 7.
3 . Reconfirm Section 2 . 12 of your Rule of Procedure regarding a maximum
of 200 words per candidate statement and payment of candidates'
statements.
Discussion: Voters in three of the seven wards of the District are
scheduled to elect Directors this November. The wards and their current
Directors are:
Ward General Description Incumbent
3 Portion of Sunnyvale T. Henshaw
4 Mountain View and portions G. Babbitt
of Los Altos (appointed
incumbent)
7 San Carlos, Redwood City, R. Bishop
Palomar Park Area
In preparation for the November 3 general election, it is necessary for you
to call an election in the District and request consolidation services from
Santa Clara and San Mateo Counties. The nomination period for the election
will open on Monday, July 13 and close on Friday, August 7 .
In addition, it is necessary for the District Clerk to relay to the
Registrar of Voters in each County the Board's policy regarding payment of
candidate statements and number of words to be included in each statement.
In December 1987, you amended Section 2 . 12 of your Rules of Procedure to
allow a single qualified candidate to appear on the ballot at no cost to
the candidate, and that if such unopposed candidate requests that his or
her candidate's statement be included in the official election material
distributed to voters, the District shall bill the candidate for the costs,
including costs related to Spanish translation. In those wards where two
201 San Antonio Circle,Suite C-1 35 • 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
R-92-77 Page 2
or more candidates have qualified to appear on the ballot, candidates'
statements of qualifications, (and, if provided by the respective county
for county candidates, Spanish translations of candidates' statements for
those requesting them) up to a maximum of 200 words, shall, if requested,
be provided by the District at its expense pursuant to the Elections Code
of the State of California, and no such candidate shall be billed for
availing himself or herself of these services.
Prepared by:
Jean H. Fiddes
District Clerk
Contact person:
Same as above
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CALLING ELECTION AND REQUESTING CONSOLIDATION
SANTA CLARA COUNTY
WHEREAS, Public Resources Code Section 5530 requires that an election
be held within the territory of the Midpeninsula Regional Open Space
District at the time of the general election on November 3 , 1992 for the
election of two (2) Directors of the District; and
WHEREAS, a general statewide election will be held within Santa Clara
County on that date;
NOW, THEREFORE, THE Board of Directors of the Midpeninsula Regional
Open Space District does resolve as follows:
1. Pursuant to Public Resources Code Section 5530, the Board of Directors
of the Midpeninsula Regional Open Space District does call an election
in the District for the election of two (2) members of the Board of
Directors of the District in Wards 3 and 4 on Tuesday, November 3 ,
1992 .
2 . That said election be consolidated with the statewide general election
to be held in Santa Clara County on said date.
3 . That the election precincts, polling places, voting booths, and
election officials in each of the precincts shall, to the extent
practicable, be thee same as provided for the statewide election on
said date, as prescribed by the ordinance, order, resolution, or
notice of the Board of Supervisors of said County calling, providing
for or giving notice of such other election and which sets forth such
precincts, voting booths, polling places and election officials .
4 . That the Board of Supervisors of Santa Clara County is hereby
authorized and instructed to canvass the returns of said election for
the office of members of the Board of Directors of the Midpeninsula
Regional Open Space District and is requested to certify the results
of said election to the Board of Directors of the District.
5 . The boundaries of the wards or subdivisions, for the purpose of
electing Directors, shall be the same as established by the Board of
Directors of the Midpeninsula Regional Open Space District in
Resolution 92- adopted on June 29 , 1992 .
6. The Board of Directors further requests, pursuant to Election Code,
Section 22003 , that the County Clerk, Registrar of Voters or other
appropriate County official be authorized to render services to the
District relating to the conduct of said election. The services shall
be of the type normally performed by such County official (s) in
assisting the clerks of special districts in the conduct of elections
including, but not limited to, checking registrations, printing and
mailing ballots, ballot arguments, candidates ' statement, hiring
election officers and arranging for polling places, and providing and
distributing election supplies.
7 . The Clerk of the Midpeninsula Regional Open Space District is hereby
authorized to hire the services of the appropriate officials of said
County to aid in the conduct of said election as hereinabove provided,
and the General Manager of the District is hereby authorized and
directed to pay the cost of said services, provided that no payment
shall be made for services which said County officials are otherwise
required by law to perform.
8 . The District Clerk is hereby directed to submit a certified copy of
this resolution to the Board of Supervisors of the County of Santa
Clara, and to appropriate County election officials of said County.
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CALLING ELECTION AND REQUESTING CONSOLIDATION
SAN MATEO COUNTY
WHEREAS, Public Resources Code Section 5530 requires that an election
be held within the territory of the Midpeninsula Regional Open Space
District at the time of the general election on November 3 , 1992 for the
election of one (1) Director of the District; and
WHEREAS, a general statewide election will be held within San Mateo
County on that date,*
NOW, THEREFORE, THE Board of Directors of the Midpeninsula Regional
Open Space District does resolve as follows:
1 . Pursuant to Public Resources Code Section 5530, the Board of Directors
of the Midpeninsula Regional Open Space District does call an election
in the District for the election of one (1) member of the Board of
Directors of the District in Ward 7 on Tuesday, November 3 , 1992 .
2 . That said election be consolidated with the statewide general election
to be held in San Mateo County on said date.
3 . That the election precincts, polling places, voting booths, and
election officials in each of the precincts shall, to the extent
practicable, be thee same as provided for the statewide election on
said date, as prescribed by the ordinance, order, resolution, or
notice of the Board of Supervisors of said County calling, providing
for or giving notice of such other election and which sets forth such
precincts, voting booths, polling places and election officials.
4 . That the Board of Supervisors of San Mateo County is hereby authorized
and instructed to canvass the returns of said election for the office
of member of the Board of Directors of the Midpeninsula Regional Open
Space District and is requested to certify the results of said
election to the Board of Directors of the District.
5 . The boundaries of the wards or subdivisions, for the purpose of
electing Directors, shall be the same as established by the Board of
Directors of the Midpeninsula Regional Open Space District in
Resolution 92- adopted on June 29, 1992 .
6 . The Board of Directors further requests, pursuant to Election Code,
Section 22003 , that the County Clerk, Registrar of Voters or other
appropriate County official be authorized to render services to the
District relating to the conduct of said election. The services shall
be of the type normally performed by such County official (s) in
assisting the clerks of special districts in the conduct of elections
including, but not limited to, checking registrations, printing and
mailing ballots, ballot arguments, candidates ' statement, hiring
election officers and arranging for polling places, and providing and
distributing election supplies.
7 . The Clerk of the Midpeninsula Regional Open Space District is hereby
authorized to hire the services of the appropriate officials of said
County to aid in the conduct of said election as hereinabove provided,
and the General Manager of the District is hereby authorized and
directed to pay the cost of said services, provided that no payment
shall be made for services which said County officials are otherwise
required by law to perform.
8 . The District Clerk is hereby directed to submit a certified copy of
this resolution to the Board of Supervisors of the County of San
Mateo, and to appropriate County election officials of said County.
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-92-78
Meeting 92-15
June 24, 1992
EMERGENCY AGENDA ITEM
Update on State Budget Crisis and Impact on District
ASSISTANT GENERAL MANAGER' S RECOMMENDATION
Authorize the President of the Board to sign a letter to Governor
Wilson on behalf of the Board. This letter will state the
Board' s opposition to any budget proposal that does not provide a
sure and expedient method of fully replacing any property tax
revenues shifted away from non-enterprise districts.
Prepared by:
Malcolm Smith, Public Affairs Manager
Contact person:
Craig Britton, Assistant General Manager
�v t�-4e� iZi✓�,f-s-.s
JUN 2 01992 Myron K. Myers
24600 Olive Tree Lane
Los Altos Hills, CA 94024
June 17, 1992
Robert McKibbin
Midpeninsula Open Space District
201 San Antonio Circle Suite C-135
Mountain View, Ca 94040
Dear Robert,
We have received your letter of May 28 directed to "Dear
Neighboring Property Owner" and reporting your intention to
levy an additional tax against us to help you buy a portion
of the Neary Quarry property.
My family has enjoyed access to and a view of some of this property
for nearly two decades, and we would feel a significant loss
were it ever to become densely developed.
However, we also are keenly aware of the policy of the district
upon acquisition of private property formerly open to neighboring
members of the public. The district brings in bulldozers to
carve roads, then places hirelings in trucks to roam these roads
to drive out kids riding bicycles and catch people walking their
dogs.
Unless we are guaranteed continued access for our $1 ,000 assessment
or the district in some other manner decides to become good
neighbors, put us down as opposed to your proposal .
Sincerely,
Myron K. Myers
vkl-tyilan..c-�(X4 +C>
JUN 2 9 199�2
APN: 33101027
William H. and Mary A. Layman
11545 Crestridge Drive
Los Altos,CA 94024
27 June 1992
Mr. Robert McKibbin,President
Midpeninsula Regional Open Space District
201 San Antonio Circle,Suite C-135
Mountain View,CA 94040
Dear Sir:
We have sent a protest to jean H. Fiddes, and we intend to attend the July 8th
hearing at the Bullis-Purissima Elementary School. We are not satisfied with the
protest form that you have distributed concerning the acquisition of the Vidovich
property. The form has a section entitled "A.11 Grounds of Protest". The
implication is that only the grounds listed on that form can be argued by the
protester at a later date. The scant amount of information that we have been
furnished, and the short amount of time available to obtain more information
before this matter is steamrollered over the property owners in the proposed
assessment district leads us to request additional public hearings to inform the
property owners of the details of this transaction, and to allow them time to give
more thorough input to the Midpeninsula Regional Open Space District
(MROSD).
We request that you furnish us a copy of the Environmental Impact Statement
which you must have had prepared on this acquisition. Although on the face of
it,Open Space sounds good, the devil is in the details. Traffic problems could be
exacerbated by users of the open space in comparison to additional traffic which
would be caused by 7 or 8 additional homes which could be built on the same
property if it is not acquired by MROSD.
We request that you inform the public about a possible conflict of interest in that
MROSD proposes to purchase the property from an individual who happens to
be not only a developer,but also happens to be a county planning commissioner.
A newspaper has reported that in the past the district has spent over 7 million
dollars to buy over 3,300 acres. That price per acre is very inconsistent with the
Vidovich property price tag of 9.3 million dollars for 280 acres. How have you
ensured that there is no relationship between the owner's official position as
county planning commissioner, and the very high price for this property?
1
It is our understanding that you are invoking the Landscaping and Lighting Act
of 1972 and that this subterfuge will allow you to proceed without a vote by the
affected property owners/taxpayers. It is also our understanding that this act
requires that you must prove that those assessed will enjoy special benefits. We
claim that our property will not receive benefit that exceeds the benefit received
in general by persons who do not reside in the special assessment district. It is
conceivable that our property will receive no benefit,or even be depreciated by
the proposed MROSD action. We believe that your including our property in
such a district is a matter which probably will need to be settled in the courts.
In these difficult financial times we request that the MROSD live within its funds
which have been legally approved by the voters. We believe that it is
unconscionable for MROSD to have committed 2 million dollars (which might
have to be forfeited)before we the public in the assessment district were
involved. This act shows a complete disregard for the public who live within the
borders of the proposed special assessment district. As we approach retirement,
we are terrified by the voracious appetite of tax collectors, and make no mistake,
we recognize that this special district is a tax disguised in the clothing of
Landscaping and Lighting.
Sincerely,
G
William H. Layman Mary AY yman `l
c: Citizens Against Unfair Taxation
San Antonio Hills Homeowners Association
San Jose Mercury-News
2
pxa
APN: 33101 027
William H. and Mary A. Layman
11545 Crestridge Drive
Los Altos,CA 94024
27 June 1992
Mr. Robert McKibbin,President
Midpeninsula Regional Open Space District
201 San Antonio Circle,Suite C-135
Mountain View,CA 94040
Dear Sir:
We have sent a protest to Jean H. Fiddes, and we intend to attend the July 8th
hearing at the Bullis-Purissima Elementary School. We are not satisfied with the
protest form that you have distributed concerning the acquisition of the Vidovich
property. The form has a section entitled "All Grounds of Protest". The
implication is that only the grounds listed on that form can be argued by the
protester at a later date. The scant amount of information that we have been
furnished, and the short amount of time available to obtain more information
before this matter is steamrollered over the property owners in the proposed
assessment district leads us to request additional public hearings to inform the
property owners of the details of this transaction, and to allow them time to give
more thorough input to the Midpeninsula Regional Open Space District
(MROSD).
We request that you furnish us a copy of the Environmental Impact Statement
which you must have had prepared on this acquisition. Although on the face of
it,Open Space sounds good,the devil is in the details. Traffic problems could be
exacerbated by users of the open space in comparison to additional traffic which
would be caused by 7 or 8 additional homes which could be built on the same
property if it is not acquired by MROSD.
We request that you inform the public about a possible conflict of interest in that
MROSD proposes to purchase the property from an individual who happens to
be not only a developer,but also happens to be a county planning commissioner.
A newspaper has reported that in the past the district has spent over 7 million
dollars to buy over 3,300 acres. That price per acre is very inconsistent with the
Vidovich property price tag of 9.3 million dollars for 280 acres. How have you
ensured that there is no relationship between the owner's official position as
county planning commissioner, and the very high price for this property?
1
It is our understanding that you are invoking the Landscaping and Lighting Act
of 1972 and that this subterfuge will allow you to proceed without a vote by the
affected property owners/taxpayers. It is also our understanding that this act
requires that you must prove that those assessed will enjoy special benefits. We
claim that our property will not receive benefit that exceeds the benefit received
in general by persons who do not reside in the special assessment district. It is
conceivable that our property will receive no benefit, or even be depreciated by
the proposed MROSD action. We believe that your including our property in
such a district is a matter which probably will need to be settled in the courts.
In these difficult financial times we request that the MROSD live within its funds
which have been legally approved by the voters. We believe that it is
unconscionable for MROSD to have committed 2 million dollars (which might
have to be forfeited)before we the public in the assessment district were
involved. This act shows a complete disregard for the public who live within the
borders of the proposed special assessment district. As we approach retirement,
we are terrified by the voracious appetite of tax collectors, and make no mistake,
we recognize that this special district is a tax disguised in the clothing of
Landscaping and Lighting.
Sincerely,
William H. Layman Mary A,/ ayman
c: Citizens Against Unfair Taxation
San Antonio Hills Homeowners Association
San Jose Mercury-News
2
DAMES J. MITCHELL �xjc- W) �L� Lei -vvl �
24886 OLIVE TREE LANE
LOS ALTOS HILLS, CAL.
84024
JUN 2 3 1992 June 22, 1992
Mr . Robert McKibbin, President
Board of Directors
Midpeninsual Open Space District
201 San Antonio Circle, Suite C-135
Mountain View
94040
Dear McKibbin :
I 've noticed you 've been taking a lot of flak
concerning the proposed acquisition of the Vidovich
property and wanted to thank you and your organiza-
tion for what you ' re doing.
You 're buying a beautiful piece of property and
preserving it for everyone to use and enjoy for the
foreseeable future . And the cost, while significant
as a total, is very reasonable on a per household
basis .
This is just a time of strong anti-government
sentiment . �five or ten years people will be
grateful for what you've done .
Thank you sp much .
Yours my,
James J . Mitchell
-ROTEST TO ASSESSMENT FOR
MIDPE, ULA REGIONAL OPEN SPACE , i'RICT
ASSESSMENT DISTRICT NO. 1992-1
WIDOVICH ACQUISITION)
Property Owner(s) Name(s): Linda A. & Richard A. Aurelio
Assessor's Parcel Number: 336 32 012
Property Owner(s) Address(es): 25320 La Loma Drive, Los Altos Hills, CA 94022-4541
All Grounds of Protest:
(Refer to Section 12 of
Resolution of Intention)
SEE ATTACHMENT
(Use additional sheets if necessary)
Signa ure*
� �� 72-�
Date
Return to: Jean H. Fiddes
Clerk of the Board of Directors
Midpeninsula Regional Open Space District
Old Mill Office Center
201 San Antonio Circle
Building C, Suite 135
Mountain View, CA 94040
*Note: If the signer(s) of a written protest are not shown on the last equalized assessment
roll as the owner(s) of the property, the protest must contain or be accompanied by
written evidence that the signer(s) are the owner(s) of the property.
Linda A. and Richard A. Aurelio both protest the proposed assessment of$1,016.74 for the following
reasons:
1) Per Section S, the maximum amount of each annual installment shall be $1,196.16 for parcels
immediately adjacent to the improvement. Our parcel is not immediately adjacent to the
improvement, nor do we have any immediate access to said improvement.
2) As a result of Proposition 13, we are already paying more than our fair share of taxes. A further
tax on top of an already high tax is an unfair and unaffordable burden.
3) The Board of Directors of the Mid Peninsula Regional Open Space District does not, in our
opinion, have the taxing authority to assess local homeowners a special assessment and, to our
knowledge, this is the first time such a special assessment has been proposed. Our position is
that we support the acquisition of the Vidovich property, with the full acquisition cost of
$9,317,000 being paid by the Mid Peninsula Regional Open Space District without special
assessment to local homeowners.
Regards,
4�-S '�44"�-4
Richard A. and Linda A. Aurelio
cc: Sid Hubbard - Mayor - Los Altos Hills
Board of Directors - Mid Peninsula Open Space District:
Virginia Babbitt/Richard Bishop/Elizabeth Crowder/Katherine Duffy
Nonette Hanko/Ernestine Henshaw/Robert McKibbin
Page two
r
If a majority protest exists to the formation of the assessment district, the Board must overrule the majority
protest by a four-fifths (4/5) vote to proceed. State law provides that a majority protest exists if, upon the
conclusion of the public hearing, written protests filed and not withdrawn represent property owners owning
more than fifty per cent (50%) of the area of assessable lands within the proposed assessment district.
Notice is hereby given that the legal records of Santa Clara County indicate that you own that certain real
property constituting the Santa Clara County Assessor's Parcel set forth above. The maximum amount of
each annual installment to be assessed against that parcel, as shown in the Engineer's Report referred to
in the Resolution of Intention, is set forth above.
If you have any questions about the assessment district, the land to be acquired, the assessments or the
public hearing, contact Herbert A. Grench, General Manager, or Craig Britton, Assistant General Manager,
Midpeninsula Regional Open Space District, 201 San Antonio Circle, C-135, Mountain View, California
94040, (415) 949-5500
Al4444 $WdZ492001
Jean Hfiihiddes
Clerk of the Midpeninsula Regional Open Space District
(See over)
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
June 29, 1992
Citizens Against Unfair Taxation
334 State Street, Suite 106
Los Altos, CA 94022
Dear Citizens Against Unfair Taxation:
I recently received a copy of your mailer to residents
regarding the Midpeninsula Regional Open Space District's
proposal to establish a benefit assessment district in your area.
There are several statements in your mailer which I feel require
some clarification. It is my hope that this letter will resolve
some misunderstandings and will make clear the reasons this
district is being considered.
1. By proposing an assessment district (the need for which has
been publicly discussed for the last two years) , the
District is requesting the financial assistance of the
nearby property owners in the purchase of this piece of
property. At this time, the establishment of an assessment
district is a proposal only; no decision has been made to
proceed with the establishment. After all protests are
reviewed, the Board will make a decision on whether or not
to move forward with this assessment district.
2 . Ninety percent of the cost of this property will be funded
through District-wide property taxes paid by District
residents in Santa Clara, San Mateo and Santa Cruz Counties.
Only 100 of the price is being sought through an assessment
district in the vicinity of the property.
3 . The courts have determined that an assessment is not a tax,
and not subject to the 2/3 vote requirements of Proposition
13 . When it has been shown that the properties in the
vicinity of the land to be purchased will experience a
"special benefit, " it is allowable under law to assess those
properties.
4 . The amount a property is assessed may be paid in 30 annual
installments (or in a lump sum, if you prefer, to save
interest costs) . Under this proposal, that amount will
average $85 per year, the interest portion of which has been
held by the I.R. S. as tax-deductible (consult your tax
advisor) .
201 San Antonio Circle,Suite C-1 35 • 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
June 29,
1992
Citizens Against Unfair Taxation
Page -2-
5. The District hired an engineer to perform a benefits
analysis for the area surrounding the subject property. It
is the best professional judgement of the engineer that the
boundaries determined and the relative levels of benefit
derived in each area are fair and accurate.
As you may have seen from the engineer's report, the
benefits to be derived are not only from close neighborhood
proximity to the site, but also from the preservation of a
scenic backdrop to the surrounding neighborhoods. In
addition, it seems logical that a home situated nearer to
open space would be a more valuable asset, in terms of
property value, than one further away.
Current zoning will allow from seven to 12 homes to be
developed on the site. However, a future Board of
Supervisors or Town Council could allow a much higher number
of homes to be built. In any event, the visual impact will
be significant.
6. Any monies collected through this proposed assessment
district must go directly to the purchase of the Vidovich
property. If the assessment district is not approved, the
Open Space District would have to utilize money currently
allocated to other high priority projects in order to
complete this transaction.
I hope that this letter clears up any misunderstandings that
may have occurred regarding this proposal.
If anyone in your group has additional questions or concerns
on this issue, please feel free to contact me or Craig Britton,
the Assistant General Manager, at (415) 949-5500.
Sincerely,
Herbert Grench
General Manager
Midpeninsula Regional
Open Space District
HG/mcs
cc: Board of Directors
- - - ��
---- = -- - F� r �.
fl
PROTEST TO FORMATION OF ASSESSMENT DISTRICT
AND TO LEVY OF ASSESSMENT
To: Clerk of the Midpeninsula Regional Open Space District
This is a protest to the formation of a "benefit' assessment district by the
Midpeninsula Regional Open Space District pursuant to the Landscaping
and Lighting Act of 1972. This protest is submitted pursuant to Streets and
Highway Code §22589.
NAME OF PROTESTING PARTY:_AY'm i Ph' C C�m _
ADDRESS OF AFFECTED PARCEL:
PARCEL NUMBER APN NUMBER THAT APPEARS ON THE ADDRESS LABEL OF THIS
FLIER:
APN : 33[0 3 S o t
GROUNDS FOR PROTEST: (One or more must be checked for a valid protest)
This assessment is, in fact, a per parcel tax requiring a two-thirds vote under Article
XIIIA of the California Constitution (Proposition 13) as opposed to a bona fide
assessment.
?� The boundaries the engineer has proposed for the assessment district are arbitrary
and inconsistent.
�C My property, in particula-, is not directly benefited by the open space acquisition.
I believe the purchase price of the acquisition is excessive.
The "assessments" are not proportioned in any rational fashion to any alleged
benefits from the open space acquisition.
ADDITIONAL COMMENTS: M
See_ e� rrt.� �r �-ems,
DATED: SIGNED:
(only one ner's si ature needed)
Refold with Citizens Against Unfair Taxatio 's address to the outside,
tape or staple closed, stamp and mail today.
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
June 29, 1992
Citizens Against Unfair Taxation
334 State Street, Suite 106
Los Altos, CA 94022
Dear Citizens Against Unfair Taxation:
I recently received a copy of your mailer to residents
regarding the Midpeninsula Regional Open Space District' s
proposal to establish a benefit assessment district in your area.
There are several statements in your mailer which I feel require
some clarification. It is my hope that this letter will resolve
some misunderstandings and will make clear the reasons this
district is being considered.
1. By proposing an assessment district (the need for which has
been publicly discussed for the last two years) , the
District is requesting the financial assistance of the
nearby property owners in the purchase of this piece of
property. At this time, the establishment of an assessment
district is a proposal only; no decision has been made to
proceed with the establishment. After all protests are
reviewed, the Board will make a decision on whether or not
to move forward with this assessment district.
2 . Ninety percent of the cost of this property will be funded
through District-wide property taxes paid by District
residents in Santa Clara, San Mateo and Santa Cruz Counties.
Only 10% of the price is being sought through an assessment
district in the vicinity of the property.
3 . The courts have determined that an assessment is not a tax,
and not subject to the 2/3 vote requirements of Proposition
13 . When it has been shown that the properties in the
vicinity of the land to be purchased will experience a
"special benefit, " it is allowable under law to assess those
properties.
4 . The amount a property is assessed may be paid in 30 annual
installments (or in a lump sum, if you prefer, to save
interest costs) . Under this proposal, that amount will
average $85 per year, the interest portion of which has been
held by the I.R.S. as tax-deductible (consult your tax
advisor) .
201 San Antonio Circle,Suite C-1 35 • Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679
General Manager:Herbert trench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop
June 29, 1992
Citizens Against Unfair Taxation
Page -2-
5. The District hired an engineer to perform a benefits
analysis for the area surrounding the subject property. It
is the best professional judgement of the engineer that the
boundaries determined and the relative levels of benefit
derived in each area are fair and accurate.
As you may have seen from the engineer's report, the
benefits to be derived are not only from close neighborhood
proximity to the site, but also from the preservation of a
scenic backdrop to the surrounding neighborhoods. In
addition, it seems logical that a home situated nearer to
open space would be a more valuable asset, in terms of
property value, than one further away.
Current zoning will allow from seven to 12 homes to be
developed on the site. However, a future Board of
Supervisors or Town Council could allow a much higher number
of homes to be built. In any event, the visual impact will
be significant.
6. Any monies collected through this proposed assessment
district must go directly to the purchase of the Vidovich
property. If the assessment district is not approved, the
Open Space District would have to utilize money currently
allocated to other high priority projects in order to
complete this transaction.
I hope that this letter clears up any misunderstandings that
may have occurred regarding this proposal.
If anyone in your group has additional questions or concerns
on this issue, please feel free to contact me or Craig Britton,
the Assistant General Manager, at (415) 949-5500.
Sincerely,
1�j
Herbert Grench
General Manager
Midpeninsula Regional
Open Space District
HG/mcs
cc: Board of Directors
RESIDENTS UNITED FOR RURAL AGRICULTURAL LAND
MURAL
June 24, 1992
The Midpeninsula Regional open Space District (MROSD) has created a
purchase plan for the largest remaining undeveloped land in our area. This is the
land we at RURAL have been working to save for over 12 years!
MROSD recently sent a letter requesting our financial assistance in the
purchase of this land from Mr. Vidovich. We are delighted to be able to help out,
and we hope you feel.the same. The taxpayers of the entire district are paying for
90% of this purchase. We agree that the final 10% should be paid by those of us
that more directly benefit from views and/or who have direct access to the trails.
If this land stays in private hands, at least seven homes could be built - some
plans have shown as many as 43 homes! If MROSD buys' the property, no
developer wi.11-be able to spread homes all over our beautiful hills - ever.
The amount is small, an average of $85 per year. This is the price of an
evening out, but what a return we receive; unobstructed hillside views for us and
for all those who follow.
We are truly fortunate to have the MROSD and I hope you appreciate as we
do, that for this very minimum cost, we are receiving a wonderful gift of permanent
open space, to look at, to walk on, to enjoy.
Ry &Suzy Smith Liz&Dan Dana Ken & Ket Carter
23230 Ravensbury Ave. 23230 Ravensbury Ave. - 23230 Ravensbury Ave
Los Altos Hills, CA 94022 Los Altos Hills, CA 94022 Los Altos Hills, CA 94022
Dr. Peter &Jill Shubart Goody &Gerry Steinberg -Terry & Hub McDaniel
23230 Ravensbury Ave. 23230 Ravensbury Ave. 23230 Ravensbury Ave
Los Altos Hills, CA 94022 Los Altos Hills, CA 94022 Los Altos Hills, CA 94022
192-06-26 14:41
P.1
43
NOTICE OF TAX INCREASE
Your property has been designated as part of a SPECIAL "BENEFIT TAX ASSESSMENT
DISTRICT" by the Midpeninsula Regional Open Space District (MROSD) to subsidize a $9.3 million
buy out of John Vidovich's upper holdings at the Neary Quarry.
MROSD has used the "Landscape and Lighting Act of 1972" to create a "Benefit" Tax Assessment
District — thereby CIRCUMVENTING the two-thirds voter approval required for any tax increase under
PROPOSITION 13.
A non-deductible lien (in the amount shown on your mailing label') will be
placed against your property for the next 30 years — and you will not be
permitted to vote on It.
We are NOT opposed to open space acquisition. In fact, a portion of our property taxes has been
supporting MROSD for twenty years! We ARE opposed to an unfair and discriminatory tax being applied
arbitrarily and inconsistently to approximately 1000 parcels.
The Landscape and Lighting and Act of 1972 has rigorous application guidelines. To be assessed,
your property must receive a special benefit from being in the immediate area, which exceeds the
benefit to neighboring properties.
The fv,ROSD Staff Report (May 13, 1992, R-92-51 Agenda Item) refers to the
District needing these assessment monies so it can acquire some additional
properties not connected with the Vidovich property, specifically Sierra Azul in
Los Gatos, and Windy Hill in Portola Valley.
i
If you are being assessed to fund these acquisitions, MROSD is violating the
necessary guidelines to apply the Landscape and Lighting Act. Should we be
forced to pay an assessment for Los Gatos and Portola Valley?
MROSD claims the Vidovich purchase "benefits"you proportionately more than surrounding parts of
the town or county. Therefore, using the Landscape and Lighting Act, you are being made to carry the
burden of this additional tax for 30 years.
' Amount approved by MROSD at the June 10, 1992, Board Meeting. f
t
t
,
i
~V ,y { -". 'y
'SK-2-06-26 14:42 r.z
The safeguards that Proposition 13 provide are under attack. To stop this PRECEDENT SETTING
additional tax, a legal protest representing at least 51 per cent of the land area within the boundary of the
assessment district is required. YOUR PROTEST IS VITAL!
Even if you have already protested to MROSD, we stress it is IMPERATIVE that you complete the
attached protest form. MAiL iT TODAY to insure an independent accounting.
MAKE YOUR PROTEST COUNT
Be sure to attend the Protest Hearing on July 8, 1992, at the Buills- Purlssima School located at
25890 i=remont Road, Los Altos Hills, at 7:30 pm,
Fill out and sign the enclosed protest form and return to the pre-printed address:
Citizens Against Unfair Taxation
334 State Street - Suite 106
Los Altos, California 94022
Your written protest must be received by July 7, 1992, at the latest. We will compile and hand
deliver the protests On July 8,to the MROSD Protest Hearing,
if you have any questions, contact: Citizens Against Unfair Taxation:
` Wes Caughlan 948-2342
' Shari Emling 941-7710
` Carol Phy 948-4480
San Antonio Hills Homeowners'Association:
Pete McSweeney 948-4783
Richard Blanchard 948-3073
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sue, r: ,qc-s-�o-,_2s; lit:a2 P.3
PROTEST TO FORMATION OF ASSESSMENT DISTRICT
AND TO LEVY OF ASSESSMENT
To: Clerk of the Midpeninsula Regional Open Space District
This is a protest to the formation of a "benefit" assessment district by the
Midpeninsula Regional Open Space District pursuant to the Landscaping
and Lighting Act of 1972. This protest is submitted pursuant to Streets and
Highway Code §22589.
NAME OF PROTESTING PARTY:
ADDRESS OF AFFECTED PARCEL:
PARCEL NUMBER - APN NUMBER THAT APPEARS ON THE ADDRESS LABEL OF THIS
FLIER:
GROUNDS FOR PROTEST: (One or more must be checked for a valid protest)
This assessment is, in fact, a per parcel tax requiring a two-thirds vote under Article
XIIIA of the California Constitution (Proposition 13) as opposed to a bona fide
assessment.
The boundaries the engineer has proposed for the assessment district are arbitrary
and inconsistent.
My property, in particular, is not directly benefited by the open space acquisition.
I believe the purchase price of the acquisition is excessive.
_ The "assessments" are not proportioned in any rational fashion to any alleged
benefits from the open space acquisition.
ADDITIONAL COMMENTS:
DATED: SIGNED:
(only one owner's signature needed)
Refold with Citizens Against Unfair Taxation's address to the outside,
tape or staple closed, stamp and mail today.