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HomeMy Public PortalAbout19920708 - Agendas Packet - Board of Directors (BOD) - 92-17 Open Space Aal MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-17 REGULAR MEETING BOARD OF DIRECTORS A G F N D A 7 : 30 P .M. Bull i.s-Purissi-ma Elementary School Wednesdav 25890 Fremont Road JuIv 8 , 1,992 Los Altos Hills , California (7 : 30) ROLL CALL ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA ADOPTION OF CONSENT CALENDAR. R. McKibbin WRITTEN COMMUNICATIONS (Consent Item) PUBLIC HEARING Public Hearing and Potential Act-ion on Midpeninsula Regional Open Space District Assessment District No. 1992-1 (Vidovich Acquisition) -- R. McKibbin Resolution Correcting Resolution No. 92-25 , Ordering the Improvements , Forming the Assessment District , Confirming the Assessment and Diagram , Providing for Notice of Recording of Assessment , Designating the Treasurer of District to Collect and Receive Money and Approving the Engineer ' s Report Resolution Determining the Cost of the Proposed Improvements Cannot be Raised from a Single Annual. Assessment and Authorizing the Issuance of Bonds Pursuant to the Improvement Bond Act of 1915 INFORMATIONAL REPORTS -- Directors and Staff REVISED CLAIMS (Consent Item) CLOSED SESSION (Litigation, Land Negotiations , Labor Negotiati (_-)ns , and Personnel- Matters) ADJOURNMENT TO ADDRFSS THE BOARD: The Chair will invite public commont OD agenda itollis 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 40 so at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral COMMUTINatiOnS. Faeb speaker will ordinarily be limited to 3 minutes. When recogni7ed, please begin by stating your name and address. Please fill cart: 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. ** All items on the ,, sent calendar shall be_Ipproved without discussion by orlo motion unless a Board member removes an item from the consent calendar for, f ep2ra te discussion. A member of_jbq-_p;jbIlic may._rej(qqje;tj, yiyd(qjr-:_ oral communications that an item be removed from the consent calendar. Claims No. 92-12 Meeting 92-17 Date: July 8, 1992 MIDPENTNSULA REGIONAL OPEN SPACE DISTRICT # Name Description -------------------------------------------------- --------------------------------------------------- 2795 25.00 Asbestest, Incorporated Asbestos Testing 2796 16.24 Barron Park Supply Company Plumbing Parts 2797 1 ,266.53 Birnie Lumber and Fence Company Redwood Split Rails 2798 320.00 David Bliss Defense Tactics Training 2799 1 ,857.50 Breon, O'Donnell , Miller, Brown Legal Services and Dannis 2800 2,359.04 California Solvent Recycling Hazardous Waste Removal 2801 236.99 California Water Service Water Service 2802 137. 13 Sheryl Marioni Cochran Reimbursement--Workshop Registration and Private Vehicle Expense 2803 2,829.21 William Cotton & Associates Geotechnical Services--Skyline Ridge 2804 277.99 Dyna Med Medical Supplies 2805 20.40 East Palo Alto Water District Water Service 2806 26.00 Federal Express Corporation Express Mail 2807 350.00 First American Title Guaranty Preliminary Title Report Company 2808 1 .160.44 Gateway Title Company Title and Escrow Fees 2809 71 .29 Herbert Grench Reimbursement--Local Meeting Expense 2810 171 .01 Home Depot Field Supplies and Equipment 2811 911 .70 Konica Business Machines Maintenance Agreement 2812 493.00 Los Altos Garbage Company Dumpster Removal 2813 120. 16 , Marin Supply Company Sanitation Supplies 2814 63.95 Marshall & Swift Resource Documents 2815 462.63 Mission Valley Ford Vehicle Maintenance 2816 3,530.00 National Mailing Services, Inc. Postage for Annual Report 2817 52.50 Michael Newburn Reimbursement--Furnace Inspection 2818 887.53 Page and Turnbull , Inc. Architectural Services--Picchetti 2819 20.00 City of Palo Alto Agendas 2820 2,232.00 Tim Perry, General Contractor Repairs--Enterprise 2821 320.00 Steve Petillo Defense Tactics Training 2822 1 .156. 12 PIP Printing 2823 2,000.00 Postage by Phone Postage 2824 42.84 Rancho Hardware Field Supplies 2825 22.87 Regal Dodge Vehicle Parts 2826 1 ,839.45 Rich's Tire Service Tires 2827 1 ,530.00 George M. Robinson & Company Fire Sprinkler Installation--Distel Circle 2828 1 ,642.40 Roy's Repair Service Vehicle Maintenance and Repairs 2829 352.93 S & W Equipment Company Equipment Rental and Repairs 2830 4 ,071 .20 Santa Clara County Sheriff's Patrol Service Department 2831 34.50 * Super Cal Express Delivery Services 2832 330.60 Times Tribune Leal Notice--Assessment District 2833 47.60 United Parcel Service Delivery Services 2834 83. 17 Value Business Products Office Supplies 2835 134.56 The Workingman's Emporium Uniform Expense 2836 845. 15 Yardbird Equipment Company Field Supplies and Equipment 2837 97.94 Joan Young Reimbursement--Volunteer Project and and Office Supplies *Emergency check issued on June 25, 1992. To: The Board of irectors, Midpensinula Regional Open Space District From: Citizens Against Unfair Taxation (Submitted by Carol Phy) For your information the following represents excerpts of comments made on some of the many protests . of assessment received by Citizens Against Unfair Taxation. "Have you heard of double jeopardy? I 've already given to MROSD-no new taxes for you desperado do-gooders. " "The boundaries are arbitrary and inconsistent and are a veiled , nefarious attempt to illegally levy unwarranted taxes - " "This affair is clearly a hoax to get easy money for other purposes . " "Why bail out an anti-environmentalist? Give him back every cent he paid-thats all he deserves-NO PROFIT ON ME ! I prefer donations to the poor . "I doubt the veracity of results you (MROSD) reported on your local homeowner survey and will demand proof of same . It ' s not the money you are BILKING - it ' s the "chutzpah" of trying to commit the sin of taxation without due process . " "Isn' t it a coincidence: 1000 victims assessed for a 10% down payment so a wealthy prospector can be placated . NICE TRY- " "Are we still living in a Democratic Country? Doesn ' t seem like it, does it?" " Way too much for unimproved , undivided lot . " "This is equivalent to over $1 million (per ) undivided, unimproved lot. We need grand jury to look into the mis-use of funds . " We are misinformed that the traffic would be reduced; in fact, there are still 40 houses to be built, 5 to 9 houses would not affect much at all - " "Finally MROSD has a well defined source of income - and like all well run operations should live within it . " "I already pay into the Open Space District fund through the property tax. " "Open space acquisitions should be done on behalf of the TOTAL community, not just a selected part . I fail to see why we benefit more than others who will be using the park ( i .e . residents of LAH, LA, Cupertino and Mt. View. ) " "I get NO benefits - the costs , if approved should be divided throughout the town of LAH. The proposed boundries of the two maps supplied do not agree. " "Let ' s assess all of Los Altos Hills . " "I not only oppose the assessment . I strongly oppose the district spending their money (our money) for this property . " Page 2 . Protesters comments to MROSD "A few property owners should not be forced to pay for anyone and everyone who uses the open space. Fairer to charge everyone who uses the open space and only those who use it. " "My property in particular, is not directly benefited by the open space acquisition - I can neither see it nor access it except by car - " "The principal beneficiaries will be the people of Mt. View, Sunnyvale etc. & as such I resent paying for it. We had no opportunity to vote on it, and I consider the arrogance with which it has been handled to be unconscionable! " "This action should be put to vote of those property owners affected . " "A compromise package with partial development & partial open space would provide needed jobs and keep the price reasonable and NOT require any assessment . " Has anyone considered what a fire hazard this would be?" The traffic impact on Magdalena and Olive Tree would be excessive and dangerous should access to the open space require the use of these roads . " "We believe the boundaries for the assessment district to be unfair . " "We have no view nor access to the "Vidovich" property . We wish to vote on this. " "We don ' t see that hill . We see absolutely no benefit to our property! " "My property in particular is not directly benefited by the open space acquisition - any more than any other in the county. " "We are not near this parcel - we cannot see it nor have any access to it - " How can it possibly benefit us or increase our property value?" "We have lived on this property for 32 years and in all that time we never got within a mile of the Vidovich property . The benefit of this acquisition to us is ZERO. I would support a suit to overturn this assessment if not dropped . " "If this will benefit all of Santa Clara & San Mateo Counties (even the entire Bay area) have the cost shared among all . it certainly will have no direct benefit to me. "If they build parking off Magdalena this will be a detriment to the area . " "This is unconstitutional and very unfair . " Page 3 Protest comments to MROSD "When Mid-Peninsula supported Measue B to lower the value of the property, there was no mention of the necessity for an assessment district, when the property would be acquired by Mid-Peninsula . " "All persons in the assessment should be allowed to vote before being assessed . " "All of Los Altos Hills voted in support of Measure B. Therefore, all of Los Altos Hills should be included in the proposed assessment district- ", "We don' t approve of this unfair assessment district. " "Midpeninsula ROSD should operate within its own budget! This is clearly taxation without representation. " "We already pay taxes to this open space district. This is double taxation - without representation. " "I feel that the Midpeninsula Regional Open Space is becoming too powerful in their acquisitions . They are buying properties without any input from the voter . Tremendous amounts of money are being spent inappropriately and then we are assessed . It is wrong . " "Open space is for everyone, to be paid by a limited few is simply unfair taxation. " "STOP SPENDING MY MONEY ! ! " "Thought we already had taxation without representation - fought a war over this ! " "This appears to be an illegal or unconstitutional move by a body which has no right to levy taxes on my property. There is no reason if they can do this that they can"t increase our taxes any time for anything . " "Many, many people will use this land . Why tax a select few? Better planning is needed by MROSD for purchase of property . I will become active in making sure I am better represented by the board by not voting for people currently in office again. I will make sure Diane McKenna knows how I feel . " "How do we recall the members of the Peninsula Open Space District that are doing this?" "I favor acquisition, but I believe the assessment district should be larger. " "Scaled down Vidovich development is more appropriate on this site than open space- " "Do not agree with need for Vidovich property. !! Page 4 Protesters comments to MROSD "The boundarys proposed (use) an out of date map & exempt too many large land owners . " ,,My property is not directly benefited "two hills away- " -,Purchase price is excessive. "If you can ' t afford it, why (not) negotiate on it. ,, "Open space is not the question here, but the unfair manner in which it would be acquired & paid for . " "Extreme "development" would have to take place for common access to this property i .e. roads, trails . The county information is erroneous in damningLAH City Council as having a say- " "An assessment district was not part of the measure that we voted on & was never discussed publicly when the media reported on the negotiation. ""County land use Policy will already limit the number of homes, density and hillside use. " "Increased fire, traffic, Olive Tree Lane traffic make liabilities not benefit. ,, "7 houses is preferable to continuous open space traffic - especially if Olive Tree Lane has access . " "Fire danger less with homes & hydrants than with open space traffic. " "Living here at the present time with only retirement income, We do not need additional taxation. " "Senior over 72 on limited income. " "I am 73 years old . Since I have lived here Hwy . 280 was built almost next door, and this year 2 two story houses have been built on a 4 acre lot directly across the road. My property is already ruined . Count me out . ,, "The Government today has millions of acres of open space, much of it they are trying to sell . With the deficit we now have wouldn ' t it be more intelligent to put this $9. 3 million toward that?" "I don' t feel I should bail out the developer, or the City of Los Altos Hills, or the County of Santa Clara. " "Don' t need more open space and will not benefit from the purchase of the Vidovich property any more than will the taxpayers in the more congested areas of Cupertino, Sunnyvale, Los Altos, Mt . View and Palo Alto. " "The proposal discriminates against a small segment of surrounding property holders. " Page 5 Protest comments to MROSD From Letter received by Citizens Against Unfair Taxation: Inspite of the attraction of open space vs more houses we find it offensive that a small committee of planners with preconceived ideas of what would be good for everyone should undertake to purchase ridiculously expensive property by pledging our money gained through what could possibly be an illegal maneuver against Prop 13 law. Every person affected should have been contacted to obtain an opinion; not a sampling of the committee ' s choosing . The deceptiveness of this planning and the built-in powers of a board veto make this the kind of underhanded operation that must not be accepted without legal interpretation on the part of the protesters . Page 6 Protesters comments to MROSD "I am an avid supporter of MROSD. I contribute to POST as well as other environmental groups. I use and enjoy the open space trails. However , I feel it unjust that a small portion of property owners in the district should be assessed for the benefit of all. Further I do not live on the property which has a small two room cottage; should I be assessed the same as the owner of a multimillion dollar home on a near by parcel?" "A careful , thoughtful development of the Vidovich property would enhance our property value far more than open space, which, incidentally presents more fire hazard than occupied space with paved access roads . " "This would add only approx. 10% to existing open space in this area . The use of land for houses (7-12) would still leave much land vacant (280 acres, 7-12 homes ) . Why is this acquisition cost burden being proposed while other acquisitions are not likewise allocated to "local" parcels?" "No more taxes (except Schools) ! ! " "You folks are not playing with "MInoply" money - I 'm all for open space but any assessments (for ) purchases should be fully disclosed & not cloked in a Landscape & Lighting Act - assessments should be equitable for all residents and not pockets of residents chosen to foot the bill . Where is your conscious Mid Pen Board. I had more faith in your judgement ! ?" I don"t know what you call this when a residence near Ravensbury is assessed but a property owner who looks at the ridge doesn ' t share in the assessment. " "MROSD needs to learn to stay within their budget. If they didn ' t have the funds , they shouldn' t make commitments with other peoples money . " "This open space is beneficial to the entire county and should be supported and taxed as such. " "Any continuation of the attempt to get more funds without a vote by all people will cause me to oppose the continued operation of the district. " "I understand these funds are going to be used to purchase property in areas outside of Los Altos Hills . " "Procedures lack equal protection of the law. " "MROSD should use a larger area and lower unit charge. " "Ours is the only property on Elena Road to be assessed. Property is not visible from our home but endorse publics need . MROSD should have included all of Los Altos, LoB Altos Hills and Cupertino in an obligation bond at a low unit cost . " JUL 0 8 199Z d j 01- 1 0 /n f�l/n �^ RESPONSE ACTION PROPOSED BY STAFF�—Ci LjJ�- Board President Acknowledge/Respond 7( Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) NROSD No Response Necessary 201 San Antonio Circle.. Suite C- 115 Nountain View. Ca. 94040 Gear NROSD Board. i enjoy the open space in my area almost daily and am glad to support it financially through the assessment district. Sincerely goers, C ,J JUL 08 992 -- RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond Director Acknowledge/Respond Staff f Acknowledge/Respond . _ I Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) No Response Necessary . r i "ts' J(.. � r.- � (L:L, ./Zi ..r�K-i.L.Y ~ �.t�/ � -V Vw_. :LS..l-�• 'f l_�-l_ / !'. .' �. Y ' 7 y �._f 4s1:trLC.(,�7 .-f.�:'{. /�t,(.�{'.L.(Li.C�. �X,:../,,.' ,,I%!J'��•� c:t,c.�,J....J GZ,t a,Klx I Z. �-c:{:.lh-• // �Li t/tlE��=�! 7(� J'-'L(J-G Gi-Lti'-'L.�..- i�ci',.r7-CA 40- l' cL,i �i. •�.Fc t f r l u- ��` �,G�' / a-G Pl..i..Cl �•r_/ i .. � i :1iG��1��%' l --�'�'G.C:: ��- f'>.::£.Lf .�'f.-�.. �L1Jc./ / ...l.a�:��1-. . r( / ��t. � ,,Lc '..G(.�y,i.�. 'tit.(. !•'(, ,yam t �L� ..� /irl. � l'i� +vv�cl �- _C L-'2 c.G E.-v/` �t✓'-E. 'Y.C�: q',. -x�-�.L' i� �` -�• ��^i�-�- "r'"_ Gt-'�,.... ._. .-i e'V� �G' ti-. -.�,� ,�,_ � -C,. - :.G. .mil-.. J I f v�� RESPONSE ACIION PROPOSED BY STAFF Board President Acknowledge/Respond _ Director Acknowledge/Respond Staff Acknowledge/Respond _ Draft Response Attached Staff to be Directed to Prepare Draft }esponse for Board Consideration per I (//Board Directive(s) No Response Necessary L _ Ocher NROSD 20 1 San An ton!o Ci rcl e, Sui to C- 135 Nountain View, Ca. 94040 Dear f ROSD Board, i enjoy the open space in my area almost daily and am glad to support it financially through the assessment district. Sincerely yours, ,z'e-/ o12 6�''�- Y ©S fI/<<1' e r� . �. j RESPONSE ACTION PROPOSED BY STAFF _ Board President Acknowledge/Respone _ Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached _ Staff to be Directed to Prepare Draft Response for Board Consideration per ZoardB Directive(s) No Response Necessary Other 'Cj 1 San Antonio Circle, Suite C- 1-35 Nountain Viet, Ca. 94040 Clear NROSU Board, i am del i ght ed to be abl e to support gour of f orts through the assessment district. Sincere]!] gours, J 6 - 9Z . RESPONSE ACTION PROPOSED BY STAFF _ Board President Acknowledge/Respond _ Director Acknowledge/Respond _ Staff Acknowledge/Respond _ Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per /Board Directive(s) ✓/ No Response Necessary OtheI"I R 0 SI[i X 01 San Antonio Circle, Suite C- 135 Mountain Viev , Ca. 94040 Gear NROSD Board. I am del i ght ed to be abl e to support your of forts through the assessment district. Sincerely yours, rr RESPONSE ACTION PROPOSZD BY S AFF Board President Acknowledge/Respon3 Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached Staff to be Directed to Prepare Draft �tesponse for Board Consideration per Board Directive(s) No Response Necessary Other , NROSD 201 San Antonio Circle, Suite C- 1135 Nountain View. Ca. 94040 Dear NROSD board.. 1 enjoy the open space in my area almost daily and am glad to support it financially through the assessment district. Sincerely yours.. f // vU RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per ✓/Board Directive(s) No Response Necessary Other HR055D 201 San Antonio Cirr_le, Suite C- 135 Ho+_Wntain Vie%;,r, Ca. 94040 Dear MRBSD Board. I am delighted to be able to support your efforts through the assessment district. Sincerely yours, RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per /Board Directive(s) ✓_ .Board Necessary Other MROSD ,01 Son Antonio Circle, Suite C- 1-5 Nountain View, Ca. 94040 Dear NROSD Board, 1 would like to express my support for the proposed assessment district. We're fortunate to have these open lands in our area. Sincerely yours, /DTI �u�✓D�� U,� �' Kenneth & Kiet Carter 24612 Olive Tree Lane Los Altos Hlls, CA 44024 NR I D �- 1 San Antonio Circle, Suite C- 1-5 Nr_untain \111 r. Ca. 9404 ) Clear NROSD Board, 1 ' OUld like to express my support for the proposed assessment district. We're fortUnate to have these open lands in our area. RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond S nc Nr ivl youru, Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per oard Directive(s) No Response Necessary Other I 1 K. R. Smith 23230 Ravensbury Ave., Los Altos Hills, CA 94024 RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per 7- Board Directive(s) July 7, 1992 No Response Necessary MROSD 201 San Antonio Circle, Suite C-135 Mountain View, CA 94040 Dear MROSD Board, I want to thank you for your diligent efforts to purchase the valuable open space "link" owned by J. Vidovich. We welcome the opportunity to participate in the purchase and fully support the proposed assessment district. R-NSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached Staff to be Directed to Prepare Draft fo Response for Board Consideration per Board Directive(s) No Response Necessary [1P0SD 201 Sari Antonio Circle, Suite C- 135 Nountain Vievt, Ca. 94440 Dear HROSD Board, I am delighted to be able to support your efforts through the assessment district. Sincerely yours, } RESPONSE ACTION PROPOS& STAFF Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached J U L 0 3 1992 Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) No Response Necessary July 1, 1992 Board of Directors Midpeninsula Regional Open Space District Re: Assessment District No. 1992-1 (Vidovich Acquisition) Dear Members of the Board: This letter is to advise you of my full support of the referenced proposed property acquisition as presented in your communication of June 17 & 19, 1992. I believe the acquisition and method of payment, at this point in time, is the most practical method to assure the preservation and use of the property for the future benefit of the community. This support position is being taken without being privy to the details of the pricing of the property. As a starting point I am not in favor of Mr. Vidovich receiving any more for the property than recovering his costs. I am assuming the District's negotiation on this subject as being the best financial arrangement possible from the standpoint of the current propertyowners. Sincerely, Don . Leonard 10465 Albertsworth Lane Los Altos Hills APN: 336 36 008 JUL 0 6402 x RESPONSE ACTION PROPOSED BY STAFF ` Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond i j Draft Response Attached } Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directives) No Response Necessary NROSD 201 San Antonio Circle, Suite C- 135 VioUntain View, Ca. 94040 Dear NROSD Board, I '---rould like to express my support for the proposed assessment district. We're fortunate to have these open lands in our area. Sincerely yours, RESPONSE ACTION PROPOSED TAFF U L 0 6 1992 Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached Staff to be Directed to Prepare Draft / ,� 4 K"O �� { Response for Board Consideration per 3 l Board Directive(s) No Response Necessary CA- 1-1R053v 201 San Antoni o Ci rcl e, Sui to C- 1-35 Nountain View, Ca. 94040 Gear NROSD Board, 1 would like to express my support for the proposed assessment district. We're fortunate to have these open lands in our area. Sincerely gours, RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge and Director Acknowledge/Respond Staff Acknowledge/Respond JUL 0 6 1992' Draft Response Attached Staff to be Directed to Prepare Draft 25700 Bassett Lane Response for Board Consideration per Board Directive(s) Los Altos Hills, CA94022 No Response Necessary July 5, 1992 Board of Directors Midpeninsula Regional Open Space District 201 San Antonio Circle, Suite C 135 Mountain View, CA 94040 Dear Board Members: The Vidovich property on the Neary Ridge is an essential link in the open space "corridor"- from Ranch San Antonio all the way to Hidden Villa. As residents of the proposed assessment district we are happy to pay the proposed $85 a year to make sure this land is never developed. Of course you are aware that the PR on this proposal has been badly handled. Having attended your three meetings for the community I know the nature of the protests. Although the idea of an assessment district has long been discussed, people feel they were not informed in advance and that something is being "put over" on them. The subject of "taxes" raises people's Ire no matter what else they spend. You have had time restraints but I'm not sure everybody understands this. And some who are not concerned with the need for "regional" open space object to your asking for our help in purchasing the ridge so that District funds may be used elsewhere. But you also know that most citizens of Los Altos Hills wish to see this land preserved. We voted overwhelmingly for measure B and approve of the land purchase by M.R.S.O.D. (Should more sections of the Town west of 280 have been included in the assessment district?) Even tho they do not walk there, many believe that L.A.H. benefits greatly from a backdrop of wooded open space. I hope we can cooperate with M.R.S.O.D. to make the vision a reality. We wish you luck in your deliberations and support the establishment of the proposed assessment district. This special piece of land must be preserved as permanent open space. Sincerely, Liz (Duveneck) Dana P.S. I enclose a copy of my letter to the Los Altos Town Crier. June 22, 1992 Editor: Recently I attended two meetings held by the Midpeninsula Open Space District re the proposed creation of a special assessment district to finance 10% of the $9 million purchase price of the 280 acres of ridge land owned by John Vidovich. This land is the connecting link between M.R.O.S.D.'s Windmill Pasture and Rancho San Antonio and for over ten years years residents from our community have been concerned with its preservation. We are fortunate to have M.R.O.S.D purchase this property with tax dollars from the whole district. As a girl I rode in the Windmill Pasture and over much of the land in question. It is a very special area which includes views of the valley and of the Permanente Creek watershed. The acquisition of this land will complete the corridor of open space from Ranch San Antonio to Hidden Villa preserving it for the enjoyment of all and as a wooded backdrop for our community. We are in the proposed assessment district which stands to benefit most from this acquisition and consider $85 a year a small price to pay. We can easily spend this amount for a "night on the town". Liz Duveneck Dana 25700 Bassett Lane, Los Altos Hills, CA 94022 RESPONSE ACTION PROPOSE. STAFF Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond - Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) No Response Necessary JUL 0 71992 HRrsD 201 Son Antonio Circle, Suite C-1 35 Nountain View, Ca. 94040 Gear NROSD Board, i would like to express my support for the proposed assessment district. We're fortunate to have these open 1 ands in our area. Sincerely yours,, RESPONSE ACTION PROPOSED BY STAFF v Uj o / 19CI-` Board President Acknowledge/Respond C Je Director�_Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per % Board Directive(s) JNo Response Necessary r1PnrD 201 S-an Antonio Circle. 1_3uite C- 1 5 Nountain View, Ca, 94040 Dear HR0SD Board, i enjoy the ripen space in my area almost doily and am glad to support it financiailij through the assessment district. Sincere1q iaours. /VI RESPONSE ACTION PROPOSED TAFF / 0 Board President Acknowledge/Respond �j�/�A Director Acknowledge/Respond `yI`�JJ1 Staff Acknowledge/Respond Draft Response Attached Staff to be Directed to Prepare Draft J Response for Board Consideration per J/ Board Directives) No Response Necessary NR0SG 20 1 San Antonio Circle. Suite C- 135 Nountain View, Ca. 94040 Gear HROSD Board, i enjoy the open space in my area almost daily and am glad to support it financially through the assessment district. Sincerelq !flours: (,► RESPONSE ACTION PROPOSED BY STAFF 0 ��, 199 S Board President Acknowledge/Respond er/) Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) No Response Necessary jFi_ISD =t=iI c5ar-I iyntonio CIr-GIs, SI-Jite C- I_;j i Nniog the r!I=fNn DdCe in r-riq area almost daily and am glad to suppCir-t it ?inan iallq tt-Ir ciugh the assessrnent district. y RESPONSE ACTION PROPOSED BY &F Board President Acknowledge/Respond L 0 7 1992 Director Acknowledge/Respond 0 V/ Staff Acknowledge/Respond Draft Response Attached Staff to be Directed to Prepare Draft /// Response for Board Consideration per _ Board Directive(s) No Response Necessary N R05-D 201 San Antonio Circle, Suite C-1-35 Nountain View, Ca. 94040 Dear NROSG Board, 1 would like to express my support for the proposed assessment district. We're fortunate to have these open lands in our area. Sinc:er-ely yours. RESPONSE ACTION PROPOSEL TAFF Board President Acknowledge/Respond J U L 0 7 1992 Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached JOHN 4u REBECCA Staff to be Directed to Prepare Draft 2:252G RAVENSSURY AV-:. Response for Board Consideration per LOS ALTOS HILLS CA Q=022 Board Directive(s) J/l No Response Necessary / J�/ 2— i-1RQSU 01 San Antonio Circle, Suite C- 1 >5 Nountain View. Ca. 94040 Clear MRC1SD Boom, 1 would like to express mg support for the proposed assessment district. We're fortunate to have these open lands in our area. Sincerely yours, J E , Cox AESPuNISE ACTION PROPOSED BY STAFF Board President Acknowledge/R ad Director Acknowledge/Respond Staff Acknowledge/Respond :ELOP1+E., JUL 0 21992 Draft Response Attached dgm3kL _ Staff to be Directed to Prepare Draft K Response for Board Consideration per / Board Directive(s) V/ F No Response Necessary C17.YOF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JOSE 25. June 1992 TO: Auditor, Assessor, Tax Collector of the County of Santa Clara, to all affected taxing entities, and to the State Board of Equalization The Statement of Preparation for the Sixth Amended Alum Rack Avenue Plan is enclosed. This letter also offers to consult with affected taxing agencies. A description of the Project Area boundaries is included in the Statement of Preparation. On May 27, 1992, the Planning Commission of the City of San Jose adopted a Preliminary Plan for the Sixth Amendment to the Alum Rock Avenue Redevelopment Plan. On June 18, 1992, the Redevelopment Agency Board of the City of San Jose: Accepted the Preliminary Plan, as amended by the Board; Authorized (1) transmittal of the Statement of Preparation to all required parties, and (2) initiation of consultation with affected taxing agencies. If you have any questions, or wish to schedule a consultation meeting, please contact Bill Ekern, Senior Development Officer, at (408) 277-4744. Sincerely, NK . TAYLOR Executive Director attachment RESPONSE ACTION PROPOSED P" gTAFF Board President Acknovlec ,spond Director Acknovledge/Respond Staff Acknowledge/Respond Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) No Response Necessary J U L 4 71992 f IROSD 201 San Antonio Circle, Suite C- 135 Mountain View, Ca. 94040 Dear NROSD Board, 1 %- ould like to express my support for the proposed assessment district. We're fortunate to have these oven lands in our area. incerely uours, v0 Zy • RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per ^�//�� Board Directive(s) J U L 0 7 I892 No Response Necessary P i i i 2C 1 ` a�n r n t o n i o �;i rcIe 'Suite !=- 1 15 11ountai n Vi ew, Ca. 94040 Uear HIROSD Board. I arn delighted to be able t0 support gour efforts throtJgh the assessment district. SincereIu yours, Figure 1 Alum hock Avenue Redevelopment Project W f ►It > I�►[31I!IH11111 '►U"" '� ��-�"- � . c��',��I �l�► �t , .� f�411II�� ' " _ _ [� � � l �` Q}lI(�1lll}I} ' —r :`.., 1 �� :v • i ��� - �� _ - - - 1�1�T�fif __ fill _' _ � _ - � ..'� In ll � — [�` � •I�t` Y:U1 }�0 j _ -_ �•y' � - - -- r �."_ :0`�„Y i' ter`• t At ""r r __ - - y 111 0 um scl AT..es IMB a MUM ►IIIRE� ,M�—�[�`- 1�►►+, _ - -- � = i = ► .i Cl�- t t 1�ull�ll ,- ILLLAL�°° 1 f 8n Aaloalo Ave Li nI4.bl n A.: � ��'.—•s1J � ll L ' n�l l ll� _ , `. � ; C � S� n'�; `-j' _ '� A�j - �.•� - tIA1111 5��ll� - , oo ! :_ w �.• ^tom 1 .1 �: lid 1�L�11T � � ' ♦ t - 11I11SlnIlIII � � �m Itt1II - - .,— I� , IL►]1 . . Ui 1 ♦ .. t - •� l �[:� - �S _ - - `�� �� ttanntm ;_ ( L�I ; •.• _ :I : �• fur J. _ �� _ •,.;. �� ...� 18u`• R,.t• �m i1�1�•1 i � ''r1 - _ ( _ r � .• _ - 1 y ' ... �61N� ��p . � �I.►}lI(( �;'Iol,tnG1�CC�C�tUtttt�n�i� : � � �-.� • �. QII<I., ... .. Department of City Plaenlne City of San Jose Redevelopment Project Area Boundary iuoo aoo o--i000 s 66 7 00 ��EIAPME�T 7C E .�}.of_► THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JOSE STATEMENT OF PREPARATION OF SIXTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE ALUM ROCK AVENUE REDEVELOPMENT PROJECT AREA TO: Auditor, Assessor, Tax Collector of the County of Santa Clara, to all affected taxing entities, and to the State Board of Equalization. Pursuant to Section 33327 of the California Health and Safety Code, you are hereby notified that the Redevelopment Agency of the City of San Jose is in the process of preparing an Amendment to the Redevelopment Plan for the Alum Rock Avenue Redevelopment Project Area. It is the intention of the Agency to complete said Amended Plan and to have it adopted pursuant to the California Redevelopment Law. The Agency is amending the Redevelopment Plan pursuant to Section 33354.6 (California Health and Safety Code) to extend the term of the existing Project Area to provide for the development of the Mexican Heritage Gardens project within the Project Area, and to reinstate Agency eminent domain powers over a portion of the Project Area. The Project Area extends along Alum Rock Avenue from U.S. 101 east to Millar and Manning Avenues, generally including only properties fronting on Alum Rock Avenue. The Thunderbird golf course, on King Road, is also included in the Project Area. A map is included on the back of this page indicating the boundaries of the Project Area, as well as the proposed site of the Mexican Heritage Gardens project. The Agency does not now receive property taxes pursuant to Health and Safety Code Section 33670 (tax increments) from the Project Area, and the Plan Amendment does not propose any collection of property taxes pursuant to Health and Safety Code Section 33670 (tax increments) from the Project Area by the Agency. The Project Area is part of the existing San Jose Merged Area Redevelopment Project. Date: June 25, 1992 Redevelopment Agency of the City of San Jose Preliminary Plan (IVM. AYLOR Executive Director 50 West San Fernando Street,Suite 1500,San Jose,CA 95113(408)277-4744 JASPER COOPER FRANK J.CRONIN V� RANOOLPH W.LEPTIEN LEPTIEN — CRONIN — COOPER, INC. CIVIL ENGINEERS 3855 ALHAMBRA AVE. MARTINEZ.CALIFORNIA 94553-3881 TELEPHONE 228-4218 July 8, 1992 Herbert Grench, General Manager Midpeninsula Regional Open Space District 201 San Antonio Circle, Suite C-135 Mountain View, CA 94040 Re: Assessment District No. 1992-1 (Vidovich Acquisition) Dear Herb, Written protests were filed with the District Clerk by the owners of of the 942 parcels proposed to be assessed. The area of the written protests filed with the District Clerk is 731 acres. A list of parcels that have filed written protest and assessed areas is enclosed. We estimate the total area to be assessed (excluding public lands, streets, creeks, common areas and other non assessable lands) to be 1:393-acres. /,33 We calculate the percent protest by land area to be as follows: i 33� % protest = 7 37 / '� x 100% % In our opinion, a majority protest does k4ees4ieo exist. Very truly yours, Leptien Cronin Cooper, In . L W Ra do,1ph 11. Leptien RWL:slh WRITTEN PROTESTS - -DOVICH ASSESSMENT DISTRI Date APN or ID Number Name 6/12/91 1 331-05-035 Lloyd 6/14/92 2 336-23-005 Romanolo 6/19/92 3 331-20-011 Massic 6/22/92 Withdrawn 7/7/92 5 331-14-026 Marren 6 336-40-073 Lugonja 7 331-14-019 Cupitina 6/23/92 8 336-47-005 Emerzian 9 331-15-014 Gilman 10 336-32-034 Lam 11 336-30-006 Avery 12 331-15-011 Scott 13 336-39-028 Britsch 14 336-46-008 Dolan 15 336-40-098 Fisher 16 336-39-037 Loucks 6/24/92 17 336-35-061 Floria 18 336-47-007 Siu 19 331-05-037 Brink 20 182-24-002 Mak 21 331-05-035 Lloyd 22 336-46-006 Tsay 6/25/92 23 336-32-019 Grey 24 336-48-002 Yang 6/26/92 25 1210 Edgecliff P1 Walraith 26 331-16-084 Moyers 27 336-32-012 Aurelio 6/27/92 28 336-35-018 Arnie 6/29/92 29 336-35-088 Augustine 30 331-15-036 Crowther 31 336-29-009 Semans 32 331-14-025 Guldner 33 331-01-027 Layman 34 336-45-009 Lull 35 331-16-090 George 36 331-20-020 Iles 37 331-20-039 McRae 38 331-20-040 McRae 39 182-25-009 Planting 40 336-34-001 Trant 41 336-32-043 Jacobson 42 351-03-006 Boboricken 43 336-41-014 Walker 44 336-32-008 Vanchieri 6/30/92 45 336-41-023 Azavedo 46 331-05-044 Seaman 47 336-35-064 Stabenow 48 331-14-034 Roth 49 336-48-005 Andersen 50 351-33-006 Mung, Chen & Lu Mei 51 336-38-031 O'Brien 7/1/92 52 336-40-024 Catton 53 331-14-009 Berry Page 2 Date APN or ID Number Name 7/1/92 54 336-37-021 Hubbard 55 336-30-023 Park 56 336-38-034 Roley 57 351-33-002 Hunton 7/2/92 58 336-40-022 Wilson 59 331-16-004 Crawford 60 336-17-019 Ballandi 61 336-30-068 Oliver 62 331-15-050 Cristal 63 331-17-027 Johnson 64 331-20-037 Peers 7/4/92 65 331-05-034 Grueninger 66 336-28-052 Gibson 67 336-32-026 Doran 68 336-32-022 Doran 7/6/92 69 336-35-052 Kirk 70 331-05-033 Albrecht 71 331-14-002 Dymond 72 336-44-036 Wigmore 73 336-30-072 Sullivan 74 331-21-008 Witmeyer 7/7/92 75 336-37-014 Cranston 76 331-16-101 Yuen 77 331-17-005 Jessen 78 331-17-001 Halliday 79 336-30-025 Bhandari 80 185-25-007 Proft 7/8/92 81 331-16-054 Bronstone 82 336-39-039 Hunton 83 336-39-010 Richardson 84 331-15-023 Winchell 85 182-09-034 Kane 86 331-17-077 McCandless 87 336-34-008 Gorham Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-79 Meeting 92-17 July 8 , 1992 AGENDA ITEM Public Hearing and Potential Action on Midpeninsula Regional Open Space District Assessment District No. 1992-1 (Vidovich Acquisition) GENERAL MANAGER ' S RECOMMENDATION Adopt the following resolutions : 1 . Resolution Correcting Resolution 92-25 , Ordering Improvements , Forming the Assessment District , Confirming the Assessment and Diagram, Providing for Notice of Recording the Assessment and Designating the Treasurer to Collect and Receive Money and Approving the Engineer ' s Report 2 . Resolution Determining the Cost of Proposed Improvements Cannot be Raised from a Single Annual Assessment and Authorizing the Issuance of Bonds Pursuant to the Improvement Bond Act of 1915 Discussion: At your June 10 meeting, after hearing public testimony, you adopted Resolution 92-24 approving the preliminary boundary map and preliminarily approving the Engineer ' s Report and a Resolution of Intention (Resolution 92-25) . The latter set the time, date, and place for hearing protests . Attached for your review are the Engineer ' s recommended revisions to the narrative portion of the Engineer ' s Report . Both the Engineer and the assessment district counsel will be on hand to participate in the process July 8 . As of July 1 , fifty-seven writ-ten protests had been filed with the District clerk. The written protests are on file at the District office for public inspection. Prepared by: Herbert Grench , General Manager Contact person : Herbert Grench , General Manager Craig Britton , Assistant General Manager 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 JASPER COOPER (RANK J.CRONIN RANOOLPH W.LEPTIEN LEPTIEN — CRONIN --- COOPER, INC. CIVIL ENGINEERS �rslu� 3855 ALHAMBRA AVE. MARTINEZ.CALIFORNIA 94533-3881 TELEPHONE 228-4218 July 2 1992 Herbert A. Grench, General Manager Midpeninsula Regional Open Space District 201 San Antonio Circle, Suite C-135 Mountain View, CA 94040 Re: Proposed Assessment District 1992-1 (Vidovich Acquisition) Amended Report and Preliminary Report on Protest Dear Herb, We recommend that the assessments for forty-nine (49) parcels be revised as shown on the enclosed list. The enclosed revisions have been included under Column two (2) of the assessment roll. The contingency amount has been reduced accordingly on pages 3 and 6 of the report. A brief description of the recommended revisions follows: 182-25-007, Proft. A 5.15 acre parcel located on Moody Rd. A small portion of the property is across Moody Rd.; the owner has pursued a subdivision with the City of Los Altos Hills and it was determined that a 160 foot circle must fit within each lot. Unique configuration of this parcel will prevent further division. Reduce assessment from two to one unit. 331-13-078 331-13-087 336-42-015 336-42-023 33642-024 33642-025 336-44-001 to 336-44-045 A total of 43 parcels located outside the proposed assessment district boundary that were inadvertently placed on the assessment roll. Delete from the proposed assessment district. I I i 33643-010 336-43-011 336-43-012 336-31-021 These parcels are access easements appurtenant to residential lots. They do not benefit by themselves. Reduce assessments to zero (0). 351-08-027, Sugden. This 8.58 acre parcel is located on the secondary ridge immediately easterly of and adjacent to Vidovich. It is in the County. The owner indicates that it may not be divided under County zoning. It is recommended that the assessment be reduced from three units to one unit. A copy of the revised report is enclosed, excepting the names and addresses of property owners. The copy is enclosed for inclusion in the Board packets. The Board may, after hearing public testimony on July 8, 1992, make additional revisions, as they see fit, provided that they not increase individual assessments or include additional territory without further notice. Very truly yours, 7do ' n Cronin Cooper, Inc. 1ph . Leptien RWL:slh enclosure cc: Antonia Dolar MIDPENINSULA REGIONAL OPEN SPACE DISTRICT sment District 1992-1 1 ovich Acquisition Santa Clara County, California ENGINEER'S REPORT DIVISION 15, CALIFORNIA STREETS AND HIGHWAYS CODE CONTENTS ITEM PAGE CERTIFICATES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ASSESSMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . 3 DESCRIPTION AND PLATS OF EASEMENTS AND/OR LANDS TO BE ACQUIRED. . . . 5 ENGINEER' S COST ESTIMATE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . 6 METHOD OF ASSESSMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . 7 ASSESSMENT DIAGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ASSESSMENTROLL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 NAMES AND ADDRESSES OF PROPERTY OWNERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Asse,Pss�mvlct Ptcquisltlo9n-� CERTIFICATES 1. I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the Assessment and Assessment Roll in this Engineer's Report, in the amounts set forth in Columns(1)of each, with the Assessment Diagram attached, was filed with me on , 19 Jean H. Fiddes District Clerk 2. I have prepared this Engineer's Report and do hereby certify that the amounts set forth in Column(2) under Summary Cost Estimate on page 1 hereof entitled "Assessment", and the individual amounts in Column(2) of the Assessment Roll herein, have been computed by me in accordance with the order of the Board of the Midpeninsula Regional Open Space District, adopted on , 19 -- Engineer of Work 3. I, the District Clerk Midpeninsula Regional Open Space District, Santa Clara, California, hereby certify that the Assessment in this Engineer's Report, in the amounts set forth in Column (2) was approved and confirmed by the District Board of said District on , 19_, by Resolution No. Jean H. Fiddes District Clerk 4. I, the General Manager of the Midpeninsula Regional Open Space District, County of Santa Clara, hereby certify that the Assessment in this Engineer's Report, together with the Assessment Diagram thereto attached, was recorded in my office on , 19,_ Herbert A. Grench General Manager 5. A Notice of Assessment was recorded and the Assessment Diagram was filed in the office of the County Recorder of the County of Santa Clara, California, on , 19_ Jean H. Fiddes District Clerk i 2 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ASSessment District 1992-1 Vidovich Acquisition ASSESSMENT WHEREAS, on MAY 13, 1992, the Board of Directors of the Midpeninsula Regional Open Space District, Santa Clara County, California, (hereinafter XROSD) adopted its Resolution Initiating Proceedings for the Formation of an Assessment District pursuant to the provisions of the Landscaping and Lighting Act of 1972, for the acquisition of open space more particularly therein described; and WHEREAS, said Resolution directed the undersigned to make and file a report presenting estimate of costs, maps and descriptions of lands and easements to be acquired, and diagram and assessment of and upon the subdivisions of land within the assessment district, to which Resolution and the description of said proposed improvements therein contained reference is hereby made for further particulars; and NOW, THEREFORE, the undersigned, by virtue of the power vested in me under said Act and the order of the Board of said MROSD, hereby make the following assessment to cover a portion of the estimated cost of said acquisitions, work and improvements and the costs and expenses incidental thereto to be paid by the assessment district. The amount to be paid for said acquisitions, work and improvements, and the expenses incidental thereto, is generally as follows: SUMMARY COST ESTIMATE (1) (2) (3) As Modified As Preliminarily As Confirmed After Aooroved And Recorded Recordation Cast of Construction 0 0 Cast of Acquisitions $9,317,000 $9,317,000 Contingencies 48,323 596.20 Incidental Expenses 90,000 90,000 Bond Reserve & Discount 116,000 116,000 TOTAL COST 9,571,323 9,523,596.20 Estimated Contributions (8,591,300)* (8,591,300)* BALANCE TO ASSESSMENT $ 980,023 $ 932,296.20 -------------------- * Contribution from MROSD 3 And I do hereby assess and apportion said portion of said total amount of the cost and expenses of said acquisitions, and improvements upon the several lots, pieces or parcels or portions of lots or subdivisions of land liable therefore and benefited thereby, and hereinafter numbered to correspond with the numbers upon the attached Assessment Diagram, upon each, severally and respectively, in accordance with the benefits to be received by such subdivisions, respectively, from the acquisitions and improvements, and more particularly set forth in the list hereto attached and by reference made a part hereof. As required by said Act, an Assessment Diagram is hereto attached showing the assessment district and also the boundaries and dimensions of the respective subdivisions of land within said assessment district as the same existed at the time of the passage of said Resolution, each of which subdivisions having been given a separate number upon said Diagram. Said assessment is made upon the several subdivisions of land within said assessment district in proportion to the estimated benefits to be received by said subdivisions, respectively, from said improvement . The diagram and assessment numbers appearing herein are the diagram numbers appearing on said diagram, to which reference is hereby made for a more particular description of said property. Each subdivision of land assessed is described in the within Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Santa Clara for the fiscal year 1991- 1992 and includes all of such parcels excepting those portions thereof within existing public roads or right of way to be acquired in these proceedings for public road purposes. For a more particular description of said property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of said County. Notice is hereby given that serial or term bonds, or both, to represent unpaid assessments and bear interest at the rate of not to exceed twelve percent (12%) per annum, or such higher rate of interest as may be authorized by applicable law at the time of sale of such bonds, will be issued hereunder in the manner provided by Division 10 of the Streets and Highways Code, the Improvement Bond Act of 1915, and the last installment of such bonds shall mature not to exceed twenty-nine (29) years from the second day of September next succeeding twelve .(12) months from their date. LEPTIEN-CRONIN-COOPER, INC. CIVIL ENGINEERS 3855 Alhambra Avenue Martinez, CA 4553 2 I 4 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT assessment District 1992-1 �'Vidovich Acquisition DESCRIPTION AND PLATS OF EASEMENTS AND/OR LANDS TO BE ACQUIRED "Reference is hereby made to the legal description of the lands of Vidovich to be acquired on file in the office of the District Clerk of the Midpeninsula Regional Open Space District, which description is incorporated herein and made a part hereof. " 5 NffDpENINSUL,A REGIONAL OPEN SPACE DISTRICT Assessment District 1992-1 Vidovich Acquisition ENGINEER'S COST ESTIMATE (2) (3) As Modified As Preliminarily As Confirmed After 1. ACQUISITION Approved And Recorded Recordation Cost to acquire land $9,317,000 $9,317,000 TOTAL ACQUISITION $9 317,000 $9,317,0 00 2. INCIDENTALS (a) Costs of Issuance: $10,000 $10,000 (1) Assessment Engineering $45,000 $45,000 (2) Trustee's Administration Fee $5,000 $5,000 (3) Bond Printing, Legal Publication, Auditor's Record, Recordings and Mailings(4) Legal Fees $30,000 $30,000 TOTAL INCIDENTAL $90,000 90,000 3. CONTINGENCIES $48,323 596.20 TOTAL PROJECT COST $9,455,323 9,407,596 4. CONTRIBUTION BY MROSD 90% x 9,317,000 ($8,385,300) ($8,385,300) Offset Incidental & Bond Expense ($206,000) ($206,000) TOTAL CONTRIBUTION BY MROSD ($8,591, ($8,591,300 BOND RESERVE FUND $96,000 $96,000 BOND DISCOUNT $20,000 $20,000 NET AMOUNT TO BE ASSESSED $980,023 $932,296.20 6 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ssment District 1992-1 Vidovich Acquisition METHOD OF ASSESSMENT Assessments have been apportioned according to the estimated benefits to be received by each parcel, respectively, from the acquisition of the Vidovich property for preservation as open space. RATIONALE The relative benefits received by individual parcels may vary considerably based on: * Proximity as it relates to views and access. * Parcel Size as it relates to use and value. * Parcel location as it relates to reduced traffic and congestion afforded by the open space. a. Proximity Property which is adjacent to the open space will receive increased benefit from the spectacular views of unspoiled wilderness . Additional benefit will be derived by these properties from immediate access to trails . Although the views may vary from parcel to parcel, the existence of a view for a given parcel will have a residual impact on neighboring parcels, i . e. parcels across the street will benefit indirectly with respect to the view and directly with respect to access . By inspection a line 1000 feet or approximately 0 . 2 mile from the land proposed to be acquired designates parcels seen to have increased benefit owing to proximity to it. For the purpose of this study the term "view" is meant to incorporate benefits such as preservation of natural fern and fauna, and other natural value that would be lost to development . These benefits accrue to neighboring properties even though a physical "view" of open space may not be present. 7 b. Parcel Size The vast majority of the parcels within the proposed assessment district are single family residential parcels (lots) from one to two acres in size. Lot size often is related to lot topography and set back requirements . Dwelling unit sizes and resulting land use is fairly consistent in spite of differences in lot size. Thus parcel benefit is seen to be independent of minor differences in lot sizes. There are, however, several parcels located near the southwesterly intersection of I280 with Magdelena Ave. and south of Eastbrook Ave. near W. Loyola Dr. which are considerably smaller than average . ( 12 , 000+ sq. ft) . The benefit to these parcels will be less. C. Parcel Location Were the Vidovich property to develop access would likely be via Stonebrook Dr. , Ravensbury Ave. , Mora Dr. and possibly olive Tree Lane . It is unlikely that traffic from development on this property would pass onto streets feeding onto Moody Rd. Parcels located within certain areas of the proposed assessment district are deemed to derive a "benefit" from the acquisition and use of the Vidovich property as open space ; namely , the lack of traffic congestion that would occur if the Vidovich property were to be developed Thus , benefits from reduced traffic would apply more to properties which feed onto Mora Dr . , Stonebrook Dr. and Magadelena Ave. and less to those which feed onto Moody Rd. Properties located west of the east end of Moody Rd . would therefore benefit somewhat less from the elimination of traffic associated with development. BENEFIT FACTORS In order to compare the relative benefits received by parcels , it is desirable to identify a representative parcel within the Assessment District as a "basic unit" . A parcel that abuts open space, located east of the east end of Moody Rd . has been selected as the basic unit of assessment. The benefits from open space have been said to include recreation, view and reduced traffic congestion. Lot size was also said to be a factor for some parcels. The benefit received by a parcel within the Assessment District has been identified by comparing the relative benefit received in each category to that received by an abutting parcel east of the east end of Moody Road. 8 The factors listed in the table below reflect judgment based on the discussion contained in the previous paragraphs. .ZONE DESCRIPTION BENEFIT FACTOR 1 Abuts Open Space & East of 1 . 00 East end of Moody Rd. 2 Within 1, 000 Ft. of Open Space 0. 95 & East of East end of Moody Rd. 3 Abuts Open Space & West of East 0. 90 end of Moody Rd. 4 Within 1, 000 ft. of Open Space & 0. 85 West of East end of Moody Rd. 5 Greater than 1, 000 Ft. from Open 0. 80 Space & East of East End of Moody Rd. 6 Greater than 1, 000 Ft. from Open 0. 70 Space & West of East end of Moody Rd. 7 Greater than 1, 000 Ft. from Open Space 0 . 65 & reduced lot size & East of East end of Moody Rd. The benefit factor assigned to each parcel reflects the estimated benefit to be received by a single family residential (SFR) parcel in each of the respective zones . The relative benefit to be received by parcels other than SFR is calculated by multiplying the estimated number of SFR units that may be constructed on such a parcel using current zoning laws by the respective benefit factor. TYPICAL ASSESSMENTS Based on the cost estimate and the preceding Benefit Factors preceding the typical assessments for parcels identified by the various zone designations are as follows: AS CONFIRMED AS MODIFIED ZONE AS PRELIMINARY AND RECORDED AFTER RECORDING 1 1, 196 . 16 1, 196 . 16 2 1, 136 . 36 1, 136. 36 3 1, 076 . 54 1, 076. 54 4 1, 016 . 74 1, 016. 74 5 956. 92 956. 92 6 837 . 32 837. 32 7 777 . 50 777 . 50 9 it MIDPENINSULA REGIONAL OPEN SPACE DISTRICT As5ks�ment District 1992-1 Vidovich Acquisition ASSESSMENT DIAGRAM "Reference is hereby made to the Assessment Diagram in and for said assessment district proceedings on file in the office of the Midpeninsula Regional Open Space District. A copy of said Assessment Diagram is included in the envelop bound with this Engineer' s Report. " 10 JUL 02 '92 11:55AM ORRICK HERRINGTON SF DRAFT [R-4 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTION NO. 92-34 CORRECTING RESOLUTION NO. 92-25 , ORDERING THE IMPROVEMENTS, FORMING THE ASSESSMENT DISTRICT, CONFIRMING THE ASSESSMENT AND DIAGRAM, PROVIDING FOR NOTICE OF RECORDING THE ASSESSMENT AND DESIGNATING THE TREASURER TO COLLECT AND RECEIVE MONEY AND APPROVING THE ENGINEER'S REPORT WHEREAS, the Board of Directors (the "Board") of the Midpeninsula Regional Open Space District (the "District") duly adopted Resolution No. 92-24 on June 10, 1992 which resolution approved the boundaries of an assessment district located in the southeasterly portion of the City of Los Altos Hills and the surrounding portions of the unincorporated area of Santa Clara County, designated the "Midpeninsula Regional Open Space District Assessment District No. 1992-1 (Vidovich Acquisition) (the "Assessment District") , and an Engineer's Report, as provided therein, was presented, considered and preliminarily approved/ and WHEREAS, the Engineer's Report, as approved, did contain all the matters and items called for by law pursuant to the provisions of the Landscaping and Lighting Act of 1972 , being Part 2 , Division 15, of the Streets and Highways Code of the state of California (the "Act") , namely: 1. Plans and specifications for the Improvements; 2 . An estimate of the costs of the Improvements; 3 . A diagram for the Assessment District; 4 . An assessment of the estimated costs of the Improvements; and 5. An estimate of the principal amount of the bonds which will be issued. WHEREAS, the Board of the District duly adopted Resolution No. 92-25 (the "Resolution of Intention") on June 10, 1992 , which resolution declared the Board's intention to undertake proceedings pursuant to the terms and provisions of the Act for the purpose of acquiring 280 acres of land within the District for open space purposes (the "Improvements") in the Assessment District; and WHEREAS, Section 8 of the Resolution of Intention specified that the maximum amount of each annual installment A:'%COR92.25,R))S 040323,000015.199 06/3O,,92 shall range from $1, 196.16 for parcels immediately adjacent to the Improvements to $777 . 48 for parcels of reduced lot size greater than one thousand (1, 000) feet from the Improvements, as set forth in the Engineer's Report; and WHEREAS, the range provided in Section 8 was not the range of the maximum annual installments but was the range of the total amount of the assessments levied against the parcels in the Assessment District as set forth in the Engineer's Report; and WHEREAS, notices of the public hearing fixed in the Resolution of Intention were duly and regularly mailed, posted and published in the time, form and manner required by law and as evidenced by affidavits on file with the transcript of these proceedings; and WHEREAS, all oral statements and all written protests have been heard and considered, and a full hearing has been given, all in the manner provided by law; and WHEREAS, at said public hearing the Engineer of Work recommended that various changes be made to the Engineer's Report, as more particularly set forth in the transcripts of these proceedings; and WHEREAS, the owners of more than fifty per cent (50%) of the area of assessable lands within the Assessment District did not file written protests against the proposed Assessment District; and WHEREAS, this Board is now satisfied with the assessment which was made on the parcels within the Assessment District and all matters contained in the Engineer's Report' as now submitted; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District as follows: Section 1. All of the above recitals are true and correct. Section 2 . Section 8 of the Resolution of Intention is hereby corrected to provide that the maximum amount of each annual installment shall range from $106. 25 for parcels immediately adjacent to the Improvements to $69. 06 for parcels of reduced lot size greater than one thousand (1, 000) feet from the Improvements. Section 3 . The Board hereby finds and determines that written protests against the proposed Assessment District were not filed by the owners of more than fifty percent (50%) of the area of assessable lands within the Assessment District and A:`',.t,0 R92-25.RZS 2 040323-000015-199 06,30/92 further finds and determines that all protests to the Improvements, or to the extent of the Assessment District or to the proposed assessment by this Board, as modified, are hereby overruled. Section 4. The Board hereby finds and determines that all of the several assessed parcels of land in the Assessment District have been assessed in proportion to the benefit received by such parcels, respectively, from the Improvements. Section 5. The Engineer's Report, including the assessment and diagram for the Improvements filed with said report, is hereby approved, confirmed and ratified. Section 6. The Board hereby orders the Improvements listed in the Engineer's Report to be made, and hereby orders the Assessment District to be formed. The adoption of this resolution shall constitute the levy of the assessment on the parcels within the Assessment District, as provided by law. Section 7 . The Clerk of the District is hereby directed to file a copy of the assessment, together with the diagram attached thereto and made a part thereof, as confirmed, in her office and to transmit a copy of assessment and diagram to the County Auditor of Santa Clara County, to request the County Auditor to enter the amount of the assessment on the Santa Clara County Assessment roll opposite each lot or parcel of land being assessed and to record a notice of assessment in the office of the Santa Clara County Recorder as provided in Section 3114 of the Streets and Highways Code of the state of California, and said assessment shall become a lien upon the land on which it is levied. Section 8. The Treasurer of the District is hereby designated to collect and receive the money paid pursuant to the assessment as herein confirmed. The Clerk of the District is hereby ordered, after recording the assessment and diagram as provided herein, to mail to each owner of real property within the Assessment District at his last known address, as the same appears on the tax rolls of the County or on file with the District, or to both addresses if said address is not the same, or to General Delivery when no address so appears, a statement containing a designation by street number or other description of the property assessed sufficient to enable the owner to identify the same, the amount of the assessment, the date of recordation of the assessment and diagram with the County Auditor, the time and place of payment of the assessment, the effect of failure to pay within such time, and a statement of the fact that bonds will be issued on unpaid assessments pursuant to the Improvement Bond Act of 1915 . Section 9 . The Clerk of the District shall also give notice of recording of the assessment by publishing a copy of a A:',COR92.25.RFS 3 O40323-000015-198 M30l92 JUL 02 '92 11:58AM ORRICK: HERRINGTON SF P.5 i notice in the Peninsula Times Tribune, a newspaper published and circulated in the District, once a week for two successive weeks, giving notice that said assessment has been recorded in her office, and that all amounts assessed thereon are dose and payable immediately, and that the payment of said amount is to be made within thirty (30) days after the date the County Auditor has entered the assessments on the Santa Clara County Assessment roll, which date shall be so stated in said notice. Upon expiration of such thirty (30) day period, the engineer of work shall make and file with the County Treasurer-Tax Collector of Santa Clara County a complete list of all unpaid assessments in the manner required by Section 8620 of the Streets and Highways Code of the State of California. Section 10 . This resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 8th day of July, 1992 , by the following vote: AYES: NOES: ABSENT: President of the Board of Directors of the Midpeninsula Regional Open Space District (SEAL] Attest: i Clerk of the Midpeninsula Regional Open Space District UCOR92-25.RPS 4 040325-000015-198 0613Qi92 JUL 02 'SS 11:59W ORRICK HERRINGTOl SF DRAFT [R--5] RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTION NO. 92-35 RESOLUTION DETERMINING THE COST OF THE PROPOSED IMPROVEMENTS CANNOT BE RAISED FROM A SINGLE ANNUAL ASSESSMENT AND AUTHORIZING THE ISSUANCE OF BONDS PURSUANT TO THE IMPROVEMENT BOND ACT OF 1915 WHEREAS, the Board of Directors (the "Board") of the Midpeninsula Regional Open Space District (the "District") duly adopted Resolution No. 92-24 on June 10, 1992 in which it approved a boundary map for an assessment district located in the southeasterly portion of the City of Los Altos Hills and the surrounding portions of the unincorporated area of Santa Clara County, designated the "Midpeninsula Regional Open Space District Assessment District No. 1992^-1 (Vidovich Acquisition) (the "Assessment District") ; and WHEREAS, the Board of the District duly adopted Resolution No. 92-25 on June 10, 1992 (the "Resolution of Intention") , wherein it declared its intention to and determined to undertake proceedings pursuant to the terms and provisions of the Landscaping and Lighting Act of 1972 (the "Act") being Part 2 , Division 15, of the Streets and Highways Code of the State of California for the purpose of acquiring 280 acres of land within the District for open space purposes (the "Improvements") and to issue bonds for the Improvements pursuant to the Improvement Bond Act of 1915, being Division 10 of the Streets and Highways Code of the State of California (commencing with Section 8501) (the 111915 Act") ; and WHEREAS, the Board, pursuant to said Resolution of Intention, fixed 7 : 30 o'clock P.M. on Wednesday, July 8 , 1992 at Bullis-Purissima Elementary School, 25890 Fremont Road, Los Altos Hills, California as the time and place for hearing protests to the formation of the Assessment District, the annual levy of the assessments, to the extent of the acquisition and construction of the Improvements and to the issuance of bonds; and WHEREAS, notice of said hearing was duly given in conformity with the requirements of the Resolution of Intention and said hearing was duly held at said time and place; and I WHEREAS, the Board found that the written protests filed with the Clerk of the Board prior to conclusion of the A!1MI17YENjN,RE?S 040323-000015-1911 05/30192 I I JUL 02 '92 11:59AM ORRICE; HERRINGTON SF P.8 hearing did not constitute a majority protest as defined by the Act; and WHEREAS, the Board duly adopted Resolution No. 92-_, ordering the Improvements, forming the Assessment District, Confirming the Assessment and Diagram and providing for a Notice of Recording the Assessment* NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District as follows: Section 1. All of the above recitals are true and correct. Section 2 , The Board hereby determines that the estimated costs of the Improvements is greater than can be conveniently raised from a single annual installment and hereby orders that the cost of the Improvements, other than the costs of maintenance and servicing, shall be raised by an assessment levied and collected in 30 annual installments, commencing in the fiscal year 1992-1993 and in each fiscal year thereafter, to and including fiscal year 2021-2022 . The maximum amount of each annual installment shall range from $106. 25 for parcels immediately adjacent to the improvements to $69 . 06 for parcels of reduced lot size greater than one thousand (1, 000) feet from the Improvements. The engineer of work is hereby authorized and directed to include in the estimate of the Assessments to be collected for each fiscal year specified herein, the total amount of the annual installment fixed for such year. Section 3 . The Board hereby determines that the serial or term bonds to represent unpaid assessments, and to bear - interest at the rate of not to exceed twelve per cent (12%) per annum, will be issued hereunder in the manner provided by the 1915 Act, commencing with Section 8500, and the last installment of the bonds shall mature a maximum of twenty nine (29) years from the 2nd day of September next succeeding 12 months from their date. The Board hereby further determines that the principal amount of the bonds maturing each year or subject to mandatory redemption shall be other than an amount equal to an even annual proportion of the aggregate principal of the bonds; and the amount of principal maturing in each year plus the amount of interest payable in that year will be an aggregate amount that is approximately equal each year, which annual aggregate amounts may vary one from another in amounts not exceeding in any year more than five per cent (5%) of the total principal amount of the bonds, except for the moneys falling due on the first maturity or mandatory prior redemption date shall be adjusted to reflect the amount of interest earned from the date when the bonds bear interest to the date when the first interest is payable on the bonds. The Board hereby further determines that, in addition to any other rights to refund such bonds reserved by this Board, such bonds may be refunded on or after September 2 , 2002 upon A:1M1'D1'PAN1N.RES 2 040323-000015-i98 W50/92 determination by resolution of the. Board to do so, provided, there will be a reduction in the interest cost to maturity by reason of the refunding of such bonds, and that the refunding bonds shall bear interest at a rate not to exceed the maximum rate permitted by law and shall have a maximum number of years to maturity not in excess of the term of such bonds, and any adjustment to assessments resulting from the issuance of the refunding of such bonds will be done on a pro rats basis. The Board hereby further determines that it proposes to proceed under the alternative procedure authorized in Part 11. 1 of the 1915 Act relative to collecting assessments and advance retirement of the bonds. The Board hereby further determines that it proposes to include, as an additional expense of the proceedings, an amount not in excess of ten per cent (10$) of the total amount of assessments as a special reserve fund for the bonds, as authorized in the 1915 Act and it proposes to sell the bonds at a discount not in excess of three per cent (3%) of the principal amount thereof. Section 4 . The Board hereby determines that the District will not obligate itself to advance available funds from the District treasury to cure any deficiency which may occur in the bond redemption fund. Section 5. The Board hereby determines that a maximum of five per cent (5%) of the amount of the installments and interest due on the total unpaid assessments may be added annually, which amount may not in any case exceed eight dollars ($8) per lot or parcel, except with the landowner's written consent, to cover the expenses of collecting the assessment. Section S. The Board hereby determines that it is the intention of this Board to collect a two per cent (2%) penalty of the total amount of any unpaid assessment installment that is delinquent after the close of business on the delinquency date on the first business day of each succeeding month until such delinquent payment and all penalties are fully paid. The Board hereby further determines that the Board intends that an additional two per cent (2%) of the amount of the delinquency shall be added at the beginning of business on the 10th day of each succeeding month until the delinquent payment is fully paid. Notice is further given that the Treasurer of the District shall collect or shall cause to be collected the penalties with and as a part of the delinquent installments and all penalties collected shall be deposited into the redemption fund. Section 7 . This resolution shall take effect immediately upon its adoption. A:,.MIDIIFNIN.I2i3.5 3 040323-ODWIS-198 06M/92 PASSED AND ADOPTED this 8th day of July, 1992 , by the following vote: AYES: NOES : ABSENT: President of the Board of Directors of the Midpeninsula Regional Open Space District (SEALI Attest: Clerk of the Midpeninsula Regional Open Space District A!kVI0FI:rLN.RBS 4 040323-000015-198 06i30192 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager DATE: July 2 , 1992 SUBJECT: F. Y. T . 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 McKibbi n,Teena Henshaw,G inny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Open Space ok I I I 1.......... MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTEROFFICE MEMORANDUM June 19, 1992 TO: H. Grench, General Manager FROM: C. Britton, Land Acquisition Manager SUBJECT: Teague Hill Open Space Preserve - Proposal for Sale of Excess Parcels As mentioned, it is my feeling that the best auction time for the two surplus properties adjacent to the District's Teague Hill Open Space Preserve would be in early Spring 1993. 1 feel that at least three months lead time is necessary for advertising the sale and investigation of development potential by the prospective purchasers. There is no reason however not to go to the Board earlier to obtain approval of the bid-documents and schedule the sale. Therefore, I recommend the following schedule. 1 . Board approval no later than October 28, 1992. 2. Sale date - Wednesday, April 14, 1993 (this is a Board meeting date, do you think the Board wants to conduct the sale?). Confirmation of sale could occur on this same date. 3. Close of escrow no later than June 30, 1993. 4. If no sale, readvertise for August 11 , 1993 with close on October 29, 1993. 5. Proposed minimum bid - Parcel one (adjacent to Summit Springs Road) - $2,000,000 Parcel two (adjacent to Patrol Road) - $1,500,000 201 San Antonio Circle,Suite C-1 35 - mountain View,California 94040 - Phone:(415)949-5500 - FAX:(415)949-5679 General Manager:Herbert Crench 6oardofDirectors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Cinny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop 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 Open Space A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Julv 1 , 1992 Mr. Mvron K. Mvers 24600 Olive Tree Lane Los Altos Hills , CA 94024 Dear Mr. Mvers : Thank you for your letter of June 17 which was transmitted to the District ' s Board of Directors . As you may know, some residents along Olive Tree Lane are adamantly opposed to public access there . We 'd like to invite you to participate in a neighborhood meeting prior to acquisition of the Vidovich property to share concerns and seek solutions . Sincerelv, Robert McKibbin, President Board of Directors RM:dmz cc: Board of Directors 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 JAMES J. MITCHELL 24886 OLIVE TREE LANE LOS ALTOS HILLS, CAL. 94024 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 . yfive or ten years people will be grateful for what you ' ve done . Thank you s much . Yours ruly, 1"eve James J . Mitchell Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT July 1 , 1992 Mr. James J. Mitchell 24886 Olive Tree Lane Los Altos Hills , CA 94024 Dear Mr. Mitchell : Thank you for your supportive letter of June 22 , which was transmitted to the District ' s Board of Directors . It ' s much appreciated during these difficult times . I hope you are able to attend the July 8 hearing and speak out in favor of the assessment district . Sincerely, Robert McKibbin, President Board of Directors RM:dmz cc: Board of Directors 201 San Antonio Circle,Suite C-135 • Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679 General Manager:HerbertGrench Board of Directors:Katherine Duffy,RobertMcKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop 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.Hyman c: Citizens Against Unfair Taxation San Antonio Hills Homeowners Association San Jose Mercury-News 2 Open Space A. .................-.......... MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Julv 1 , 1992 William H. and Mary A. Layman 11545 Crestridge Drive Los Altos , CA 94024 Dear William H. and Mary A. Layman : Thank you for your letter of June 27 , which was transmitted to the District ' s Board of Directors . If you ' ll contact Herb Grench, Craig Britton, or Jean Fiddes of the District staff , they' ll be happy to furnish all staff reports and other information relevant to the proposed assessment district . I 'm sorry you feel this is being "steamrollered. " We have gone beyond the requirements of law in providing information, and we are asking, not demanding, help for this critical acquisition. There was no Environmental Impact Report required or completed for acquisition of open space. The District has no conflict of interest in purchasing property from Mr. Vidovich. The negotiated price was $1 million less than the appraised value. Land values have escalated over the years since our first acquisition of land in Rancho San Antonio Open Space Preserve. Also, 430 acres of that land was an outright gift to the District , which lowered the average price . Sincerely, Robert McKibbin, President Board of Directors RM:dmz cc : Board of Directors 201 San Antonio Circle,Suite C-1 35 • Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679 General Manager:Herbert Grench BoardofDirectors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench , General Manager DATE: Ju1v 8 , 1992 SUBJECT: F. Y. T . 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,G inny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop 9164414925 SR'' --ICKSON-EAR I SH F-793 T-P'�6 P-001/001 JUL 07 '92 09: 10 i -� , sonj3a.r1sh & Ass(. -,,ates TRANSMITTED VIA FACSIMILE July 7, 1992 TO: ELDON NAGEL 916-368-8191 CATHERINE SMITH 916-442-0382 DAVID NAGLER DON ELIASON 916-393-8624 RALPH MILLER 916-823-3935 RANDY GRAHAM 805-566-2456 BOB HAMILTON 916-991-0179 HERB GRENCH 415-949-5679 BILL ROSS 213-892-1519 MIKE GEORGE 510-930-5592 FROM: RALPH A. HEIM RE: BUDGET UPDATE Yesterday, the Department of Finance presented the Budget Conference Committee with 14 bills to implement the Governor's Budget. The bills are in Legislative Counsel form and are designed to be amended into the authorless Senate bills pending on the Assembly Floor. For example, the local government property tax shift proposal would be amended into Senate Bill 1364, which currently contains the Democrats' proposal. The Governor's proposal is 63 pages and contains the following provisions: 1. Transfers 50% of counties' and special districts' AB 8 bailout property tax revenue to schools on a permanent basis starting with the 1992-93 fiscal year; 2. Exempts cities from the property tax shift (except no-and-low property tax cities that lose their share to counties); 3. Leaves the Special District Augmentation Fund in place. With respect to enterprise special districts, the Department of Finance claims that their proposal does not include these districts in the property tax shift. However, other staffers believe they are included and we are attempting to get clarification on this point. Including the no-and-low property tax cities has little legislative support and I suspect they will be removed from the proposal, which will reduce the total revenue the Governor expects the proposal to generate. During this day, we will attempt to obtain answers to numerous questions we have relative to this latest proposal and I will provide additional information as it becomes available. RAH jkmg Governmental 916 442-4584 770 L Street Affairs Fax Sacramento,CA Consultants 916 441-4925 95814 .Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT July 6, 1992 Corte Madera, a California Limited Partnership c/o Hare, Brewer & Kelley, Inc. 800 El Camino Real West, Suite 1300 Mountain View, California 94040 Attention: Mr. Ryland Kelley, General Partner Re: Status of Acquisition by the Midpeninsula Regional open Space District of Corte Madera Addition to Windy Hill Open Space Preserve from the Corte Madera Limited Partnership Dear Mr. Kelley: The purpose of this letter is to advise you of the status of the Real Property Transfer Agreement (together with Exhibits thereto being collectively referred to herein as the "Corte Madera Purchase Agreement") based upon the facts stated below. This letter additionally constitutes a retraction of my letter to you dated June 22 , 1992 , a copy of which is attached ("Prior Letter") which is hereby rescinded and of no further effect as of the date hereof. Capitalized terms used herein and not otherwise defined shall have the meanings given in the Prior Letter and Corte Madera Purchase Agreement, as applicable. Based upon discussions since the Prior Letter, we understand that the restructuring within the Partnership has not been completed and that the Partnership cannot ratify or affirm the existence of a valid contract with the District, as contemplated by the Prior Letter. To the contrary, we are advised that the Partnership did not duly authorize, execute and deliver the Corte Madera Purchase Agreement and that no legally valid contract ever existed. We further understand that additional time will be required to complete the Partnership restructuring and to formulate specific comments to the existing draft documentation, which would then require negotiation with the District for purposes of finalizing any agreement. We understand that these changes will not be limited to minor matters and that the Closing would have to be deferred for some indefinite period of time. Based upon the foregoing, we believe that resubmission to the Board of Directors of the District will be required and no assurance can be made that such submission of a revised contractual relationship will 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,Cinny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Corte Madera, Page 2 A California Limited Partnership July 6, 1992 be approved by the Board. After considering the facts stated above and that the date specified for the closing of escrow under the terms of the Corte Madera Purchase Agreement has now come and gone (the Initial Closing being specified to occur on June 30, 1992) , we conclude and hereby formally advise you that the District concurs with the Partnership that the Corte Madera Purchase Agreement is not a binding legal agreement between the District and the Partnership. Notwithstanding the lack of any formal contractual agreement to purchase between the District and the Partnership, we welcome the opportunity to meet and discuss with representatives of the Partnership the possibility of purchase of the Corte Madera property at such time as the restructure of the Partnership is complete and the specific concerns and needs of the Partnership have been formulated. I cannot, however, give any assurance whatsoever that the Board will approve the acquisition. Sin rely, L. Craig Britton; SR/W-A Assistant General Manager LCB: ss cc: Stanley Norton, Esq. Jim C. Curlett, Esq. Thomas B. Jacob, Esq. Board of Directors - MROSD JUL 0 7 1992 Q S U AlYAof L LE jR A msL elltd mREent st Fi st Friends of the Amendment 116 New Montgomery St. , Suite 220 San Francisco, CA 94105 First Friends of Telephone: (4 15) 543-2022 The Quality of Life Amendment n 1992 Janet Cobb,Chair July 4, 1992 IMMEDIATE RELEASE Kimery Wiltshire, Vrecutive Officer CAMPAIGN BEGINS FOR QUALITY OF LIFE AMENDMENT TO U.S. Bella Abzug Carl Anthony CONSTITUTION Norma Assam Dr.Sam Assam Ed Begley,Jr. A nationwide public information campaign for the proposed Peter Behr Connie Best Joseph P.Bort new Quality of Life Amendment to the United States Rob Caughlan Jayni Chase Michael Closson Constitution was announced today as America looked toward its Jocelyn Combs Henry Corning Zach Cowan 216th birthday. Michael R.Eaton Joseph T.F'dinistor Anne Ehrlich The amendment would require conservation and responsible Phyllis Faber John Fazel Bert Fingerhut use of the nation's natural resources. Jack Gallon,Esq. I lerb G ren ch Faith S.Ila hn "It's appropriate that we should begin our nationwide Samuel I lalstead Jan I lartke Connie I larvey effort on the Fourth of July. We hope the amendment will mark Oliver I lolmes "Fed T.Inouye Jack Kenny the beginning of a new era of concern for our natural Barbara Leopold Luna Leopold Cathy Lerza resources,, " said William Penn Mott, Jr. , former director of Amy Lethbridge Barry Lopez Richard Luskin the National Park Service, "It acknowledges in the strongest Ellen Maldonado,E, Jerry Mallett Paul N.McCloskey, legal terms that our citizens' health and welfare ultimately Sylvia McLaughlin Peggy Mensinger Jerry Meral depends on the health and welfare of the environment in which James Monteith William 1'.Mott,Jr. Kathy Neal John Nejedly we live. " Margaret Owings Christopher Peters The new amend=en4[_* is ja Ted Radke i subtitled, "sustaining quality of Michael Remy,Esq. Richard K.Robbins Paul D.Romero life through responsible use of resources. " Here is the text: Jeanne Roy Richard Roy Jo Schreck "The natural resources of the United States, including Paul Sed wa y Rena M.Shulsky Theodore Smith air, water, land, plants and animals, shall be protected, Dwight Steele Otto Teller Charles Warren conserved and used responsibly for the benefit of the Michael Winter A partial lu;t people in order to preserve biodiversity, protect the health and safety of the people, and sustain the quality -more- Anicndmait to the Constitution of the United States of America A Project of the Tides Foundation 116 New Niontgoincry Street, Suite 220 a San Francisco, CA 94105 w 415.543.2022 a Fax 415.543.6426 CONSTITUTIONAL AMENDMENT/2-2-2-2-2 of life for present and future generations. The Congress and the several States shall have the power to enforce this article by appropriate legislation. " Other supporters of the Quality of Life Amendment besides Mott include former California congressman Paul N. (Pete) McCloskey; former New York congresswoman Bella Abzug; Luna Leopold, professor emeritus at the University of California; actor Ed Begley, Jr. ; Charles Warren, executive officer of the California State Lands Commission; and Sylvia McLaughlin, chair of Save San Francisco Bay, among many others. Organizations supporting the amendment include the California Oak Foundation, Open Space America, and the East Bay Regional Park District Board of Directors. "It's absolutely appropriate when world leaders gathered in Rio de Janeiro to begin work on saving the planet, for the United States to recognize in the most forthright way that we have a sacred trust to preserve, protect and restore our life support system -- the earth that sustains us all, " said Ted Radke of the East Bay Regional Park District Board of Directors. Radke was a leader in the first Earth Day celebration in 1970. "Passage of the Quality of Life Amendment will have a positive impact on the economy, and it will jump-start the job market, " said Janet Cobb, chair of First Friends of the Amendment. "This is the perfect place for the peace dividend, " she suggested. "Just give us the allocation that would have gone to -more- CONSTITUTIONAL AMENDMENT/3-3-3-3-3 one -- well, maybe two -- B-1 bombers, and you'll see how many alternative transit corridors (trails) our young people can build, you'll see rivers and creeks restored so that they support life again, you'll see reforestation, and you'll see happy, productive people earning a decent living preserving the American dream. " "People throughout this country are demanding the win-win choice of using our resources responsibly while we rebuild our cities and restore the environment, " Cobb added. There have been 27 amendments approved since the original Constitution was adopted in 1787 . The most recent amendment, approved in May, related to congressional salaries and had been pending for more than 200 years. Another amendment now being considered would require a balanced federal budget. In order for a constitutional amendment to become law, it must be approved by a two-thirds vote of each house of Congress, and then ratified by three-fourths of the states. The new amendment is a project of the Tides Foundation. For more information, contact Amendment to the Constitution of the United States of America, 116 New Montgomery St. , Suite 220, San Francisco, CA 94105 or telephone (415) 543-2022. Other contacts: William Penn Mott, Jr. : (510) 254-5196 Ellen Maldonado, Esq. : (510) 842-4446 ########