HomeMy Public PortalAbout19900228 - Minutes - Board of Directors (BOD) A Meeting 90-04
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
OLD MILL OFFICE CENTER,BUILDING C,SUITE 135
201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040
(415)949-5500
REGULAR MEETING
BOARD OF DIRECTORS
February 2�81__Ag�0
MINUTES
I . ROLL CALL
President Nonette Hanko called the meeting to order at 7 : 33 P .M.
Members Present : Katherine Duffy, Teena Henshaw, Edward Shelley,
Nonette Hanko. Richard Bishop arrived at 7 : 40 p.m.
Member Absent : Betsy Crowder and Robert McKibbin.
Personnel Present : Herbert Grench, Craig Britton, David Hansen, Jean
Fiddes , Michael Foster, Mary Gundert , Mary Hale , Stanley Norton, David
Topley, and Deborah Morvay-Zucker.
II . APPROVAL OF MINUTES
Januarv-124 , 1990
Motion: Henshaw moved that the Board approve the minutes of
January 24 , 1990 . K. Duffy seconded the motion.
The motion to approve the minutes passed 4 to 0 .
III . WRITTEN COMMUNICATIONS
D. Morvay-Zucker stated that the Board had received a written
communication dated February 13 , 1990 from Bay Area Service Center,
Inc . , offering to bid on a two-way radio system to be purchased by the
District . She said that a draft response prepared by staff for Board
consideration was attached to the letter .
N. Hanko stated that the draft response was approved by Board
consensus .
IV. ORAL COMMUNICATIONS
There were no oral communications .
V. ADOPTION OF AGENDA
H. Grench stated that consideration of the first agenda item (Proposed
Acquisition of 330 Distel Circle as the District ' s Permanent Office
Headquarters) should be delayed until Director Bishop arrived. N.
Hanko stated that the change in the agenda was adopted by Board
consensus .
Herbert Grench,General Manager;Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Gerry Andeen,Richard Bishop
Meeting 90-04 Page Two
VI . BOARD BUSINESS
A. Notice of Contract Completion and Acceptance of Work for the
Skyline Ridge Open Space Preserve Development -Project
(Report R-90-23 dated February 22 , 1990)
D. Hansen announced the successful completion of the construction
of public access improvements by W. S .P . Trucking at Skyline Ridge
Open Space Preserve. He extended special thanks to Mary Gundert
who coordinated the project and served as its chief inspector.
Motion: E. Shelley moved that the Board adopt the Notice of
Completion of Contract and Acceptance of Work on the
Skyline Ridge Open Space Preserve Development Project .
T. Henshaw seconded the motion. The motion passed 5 to
0 .
Motion: E. Shelley moved that the Board approve final payment
of $70, 251 . 38 to W. S . P . Trucking, Inc . T. Henshaw
seconded the motion. The motion passed 5 to 0 .
B. Proposed Acquisition of 330 Distel Circle as the District ' s
Permanent Office Headquarters (Report R-90-25 dated February 28 ,
1990 and Report R-90-24 dated February 14,199-01-
C. Britton reviewed the Board ' s initial consideration in 1980 of
the need for a permanent District office headquarters and the
subsequent participation, by District staff and the Board ' s
Office Space Committee, in examination of office space needs ,
financial analyses , and negotiations . He introduced Tom Fisher
and Karl Knudsen of Blickman Turkus Real Estate, with whom staff
has worked to negotiate an acceptable offer for the District ' s
proposed purchase of the office building at 330 Distel Circle,
Los Altos .
He stated that the Purchase Agreement and Deposit Receipt is a
standard form that includes the payment of $1 , 875 , 000 in cash for
the property at the close of escrow, which compares favorably
with comparable sales in the area, and that the price being paid
by the District is fair and reasonable . He stated that the terms
contained in the agreement include : an initial $10 , 000 earnest
money deposit by the District with an increase to $25, 000 at the
end of the 60-day contingency period that began February 20,
during which inspections of the property will be made and
financing will be obtained; a ninety day close of escrow
including the 60-day contingency period) ; three 30-day extension
Meeting 90-04 Page Three
periods , each costing an additional $15 , 000 payment by the
District with the first payment being applicable to the purchase
price and the latter two payments not being applicable to the
purchase price . He stated, additionally, that the District ' s
holding costs after the close of escrow are estimated to be in
excess of $18 , 000 per month. He stated that , also included in
the contract, is the right of the District to begin immediately
marketing the lease of the property. He stated that there would
be extra space to lease out on a long-term basis , and that it
would be appropriate to lease out the entire premises for up to
one year on an "as-is" basis if possible , until the actual
relocation of District headquarters .
M. Foster stated that an additional $250 , 000 to $300 , 000 will be
included in the financing for improvements so that the entire
project will be financed with the purchase price; and that the
financing will not be tax-exempt financing and, therefore, will
not be subject to the restrictions of tax-exempt financing. He
stated that the most important feature of the proposed financing
is that it does not impact financially the District ' s land
acquisition and development programs . He stated that
certificates of participation are a popular form of municipal
financing and that there is currently a very large certificate
market.
Directors Shelley and Henshaw expressed their support for the
purchase because it does not impact staffing or land acquisition
the way the previous proposal to build a headquarters would have .
H. Grench stated that, in the absence of B. Crowder, the Board
must appoint a secretary pro tempore to certify the resolution if
passed by the Board.
Motion: E. Shelley moved that the Board appoint R. Bishop
secretary pro tempore . N. Hanko seconded the motion.
The motion passed 5 to 0 .
Motion: E. Shelley moved that the Board adopt Resolution 90-09,
a Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Authorizing
Acceptance of the Purchase Agreement and Deposit
Receipt Authorizing Officer to Execute Certificate of
Acceptance of Grant to District , and Authorizing
General Manager to Execute Any and All Other Documents
Necessary or Appropriate to Closing of the Transaction
(Permanent Office Headquarters - Lands of Carmichael et
al . ) T. Henshaw seconded the motion. The motion
passed 5 to 0 .
Meeting 90-04 Page Four
Motion: E. Shelley moved that the Board authorize staff to take
all actions necessary to arrange the issuance of an
approximate $2 , 225, 000 certificate of participation.
T. Henshaw seconded the motion. The motion passed 5 to
0 .
Motion: E. Shelley moved that the Board designate Prudential-
Bache Capital Funding as underwriter, Orrick,
Herrington & Sutcliffe as bond counsel , Seattle First
Bank as trustee, and the California Special Districts
Association as nominal lessor for this transaction. T.
Henshaw seconded the motion. The motion passed 5 to 0 .
Motion: E. Shelley moved that the Board authorize the General
Manager to lease out the entire premises for up to one
year on an interim basis . T. Henshaw seconded the
motion. The motion passed 5 to 0 .
C. Appoin
tment for 1989-1990 Fiscal Year
(Report R-90-27 dated February_20_,,__1990)
Motion: R. Bishop moved that the Board approve the appointment
of Deloitte and Touche as the District ' s auditors for
the fiscal year 1989-1990 . E. Shelley seconded the
motion. The motion passed 5 to 0 .
D. Scheduling2f Speci�l__".�_fttApg_ (Report R-90-26 dated February 28
1990)
Motion: R. Bishop moved that the Board schedule a special
meeting for 7 : 30 p.m. on Monday, March 12 at the
District office for the purpose of conducting closed
session performance evaluation of Board appointees . E.
Shelley seconded the motion. The motion passed 5 to 0 .
VII . INFORMATIONAL REPORTS
N. Hanko asked for information on the action that the Santa Clara
County Parks and Recreation Commission had taken on the St. Joseph' s
Hill access road. D. Hansen stated that in a 3 to 2 vote the
Commission did not object to utilization of the easement , but they did
reiterate that the road would seriously impact the site and voted to
send a letter to the Town of Los Gatos in this regard. Discussion
then focused on the proposed eminent domain policy that the Santa
Clara County Parks and Recreation Commission had considered. Mark
Frederick, Santa Clara County Parks planner, stated that the
Commission had passed a policy and it would next go to the Board of
Supervisors . He offered to send the Board a copy of the Santa Clara
County policies regarding the use of eminent domain.
Meeting 90-04 Page Five
D. Hansen reported that he and Kay Duffy talked with cyclists and key
neighbors about the use of the Sheldon Road access at El Sereno Open
Space Preserve and that the cyclists are still undecided about going
ahead with a lawsuit to establish a prescriptive easement. K. Duffy
urged that the District move quickly to develop an alternate route
because of the neighboring property owners ' concerns .
M. Hale reported that the sign with the new District logo will be
ready for viewing at the District office in the next two days .
D. Hansen added that the sign will be ready for site placement at
Ravenswood Open Space Preserve at the end of Bay Road in East Palo
Alto in one week.
H. Grench stated that planning for the 1990 Open Space Conference is
proceeding and that the draft of the conference brochure is being
finalized. He stated that staff had decided to set, unless there
were objections from the Board, a $250 registration fee until May 15
to encourage early registration and a $295 registration fee after May
15. He said a $50 cancellation fee will be charged, waivers will be
allowed for special circumstances , and the one-day registration fee
will be $150 . No Board objections were expressed. He stated that
the staff would look into the use of credit cards for registration as
suggested by Director Shelley.
H. Grench reported that the San Mateo County Board of Supervisors had
approved the transfer of lots in the Redwood Park subdivision to the
District without any conditions . C. Britton stated additionally that
the escrow closed February 28 .
H. Grench reported that he attended a mini-conference earlier in
February in Washington D.C. on the twenty-fifth anniversary of the
Land and Water Conservation Fund. He stated that Congress is
considering a state and local share to the Land and Water
Conservation Fund, and it was an opportunity for local
representatives to urge support of the local share. He said it was
also an opportunity for him to encourage support of the District ' s
1990 International Open Space Conference, including potential
financial support . He reported that the conference was followed by
the National Recreation and Park Association mid-year forum and
discussed his attendance at the legislative session of this forum and
meetings with legislators Norm Mineta, Tom Lantos , Tom Campbell , and
an aid to Alan Cranston.
D. Hansen stated that staff attended the hearing of the Los Altos
Hills Planning Commission regarding the new Vidovitch proposal for
the Quarry Hills development and that he will report further when the
commission has a recommendation for the Town Council .
C. Britton reported, regarding the November 11 , 1989 resolution
enabling the general manager to accept the acquisition of minor
interests in and easements upon land, that the District has obtained
Meeting 90-04 Page Six
two quitclaim deeds adding a 1/160 interest , from Mt . Zion Hospital ,
and a 1/320 interest , from Shriners Hospital , to Sierra Azul Open
Space Preserve.
M. Hale requested that Directors lead the District ' s Earth Day
twilight hike; Directors Duffy, Hanko, and Shelley responded that they
would lead the hike .
VIII . CLAIMS
Motion: R. Bishop moved that the Board approve Revised Claims
passed 5 to 0 .
IX. CLOSED SESSION
S . Norton announced that litigation matters to be discussed in
Closed Session fell under Government Code Sections 54956 . 9 (a)
Ringo litigation and (bl) significant exposure to litigation. C .
Britton announced that the land negotiation matter to be
discussed in Closed Session was San Mateo County Assessor ' s
Parcel numbers 078-280-010, -020 , and -030; 078-260-020, -040, -050,
and -060; and 078-140-190 , owned by the estate of Edith C .
McDonald, also known as Edith C . Field. The owner ' s
representative was Nicholas Toussaint . The Board recessed to
Closed Session on litigation, land acquisition matters , labor
negotiation, and personnel matters at 8 : 41 P .M.
X. ADJOURNMENT
The meeting was adjourned at 10 : 35 P .M.
Deborah Morvay-Zucker
Secretary
CORRECTION TO THE MINUTES OF FEBRUARY 28, 1990
II . APPROVAL OF MINUTES
February 28 , 1990
N. Hanko noted that R. Bishop would lead the District's
Earth Day twilight hike rather than E. Shelley, as stated on
page 6 .
Motion: R. Bishop moved that the Board approve the minutes
of February 28 , 1990 as corrected. R. McRibbin
seconded the motion. The motion passed 5 to 0 .
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