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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 90-21
REGULAR MEETTN�C,
BOARD OF DIREYTORS
11
September.._., 2 , 1990
MTNUTE8
T . ROLL CALL
President Nonette Hanko Palled the meeting to order at 7 : 30 P .I.
Members Present : Katherine Duffy, Robert McKibbin, Teena Henshaw ,
Edward Shelley, Nonette. Hanko, Elizabeth Crowder , and Richard �
Bishop.
�rre1 Per. c>r ,
Pre.�ent . Hubert t7rench, C'rar g Britton,. Joan E idles , Del
Woods , John Escobar , Ruth Blanchard , and Deborah Morvay-Zucker .
IT. APPROVAL irF MT�I.ITE.<�
,
,uguti>t 8 , 199C)
N. Hanko stated that the first informational report on page 4 , third
line , should be amended to read " . . . rescinding action without
Prior n"t i f i"at.ion would require a 2/3 vote of the Board . ''
J . Fiddes stated that on page 3 , item B, Approval of Agreements with �
Prudential Bache Capital. Funding , last segment of Last: discussion
sentence should be amended to read " . . . existing notes , reducing
debt service payments over the next seven year ? by $7 . 8 million . "
Motion : T. Henshaw moved that the Board approve the minutes of
August 8 as corrected . R . McKibbin seconded the motion .
The motion passed 5 to 0 with E. Crowder and R . Bishop
abstaining because they were absent from the meeting .
August 22, 1990
E. Crowder stated that on page two, the discussion section under the
second motion concerning Mrs . Hertha Harrington should be removed
from item B and placed under item A concerning the former Bechtel
properly ,
Motion : R . McKibbin moved that the Board approve the minutes of
August 22 , 1990 as corrected. T. Henshaw seconded the
motion . The motion passed 5 to 0 with K. Duffy and R .
Bishop abstaining because they were absent from the meeting.
Ill . WRITTEN COMMU ICATTONS
There were no written communications .
TV. ORAL COMMUNICATIONS
There were no oral communications .
201 San Antonio Circle, Suite C-135 . Mountain View, California 94040 ° Phone: (415) 949-5500 • FAX: (415) 949-5679
Genera,Manaxer Herbert trench Board of Directors:Richard Bishop,Betsy Crowder,Katherine Duffy,Nonette Hanko,Teena Henshaw,Robert McKibbin,Edward Shelley
Meeting 90-21 Page 2
V. ADOPTION OF AGENDA
H. Grench introduced Deborah Morvay--Zucker in her new position as
Secretary to the General Manager/Office Manager.
C . Britton introduced new District employee Ruth Blanchard, Real
Property Representative, Open Space Acquisition.
C . Britton stated that Mr. and Mrs . Lek-, declined to proceed with the
exchange of property rights and said the proposed Exchange of
Property Rights to Provide a Trail Easement Connecting Long Ridge
and Skyline Ridge Open Space Preserves (Lands of Lee et al . ) item
should be removed from the agenda .
N. Hanko stated the Board consensus that. item one be removed from
the agenda and that the remainder of the agenda was adopted by Board
consensus .
VT . BOARD BUSINESS
A. Disposition of Swimming Pools at Rancho San Antonio Open Space
Preserve (Report R-90-102 dated September 5, 1990)
R. McKibbin and R. Bishop stated their concurrence with staff
recommendations contained in the report . Discussion followed
with Board members expressing agreement .
D. Woods stated that he received a letter addressed to him from
District Ranger Michael Newburn requesting that the Board
consider retaining the pool for fire protection and physical
fitness activity at the ranger residence and offering to pay the
full cost of maintaining the pool .
Motion : R . Bishop moved that the Board affirm its original
decision to fill the swimming pools at Rancho San
Antonio Open Space Preserve as recommended in the staff
reports . E. Shelley seconded the motion. The motion
passed 7 to 0 .
B. Proposed Addition of Peninsula Open Space Trust Property to
Purisima Creek Redwoods Op en__Space EresQrLvq Report -90-10
dated September 1990)
C . Britton showed the location of the property and stated that
POST acquired the lots as a gift and was giving the lots to the
District to augment the District ' s earlier acquisition of lots
from the County of San Mateo. He noted that three of the lots
did not have clear title. D. Woods stated that staff recommended
the dedication of eleven of the lots and that two of the lots be
withheld from dedication. C . Britton added that the two lots are
in a developed area within San Mateo County which, according to
an agreement with the County of San Mateo, could be traded for
other open space land .
Meeting 90-21. Page 3
Motion : K. Duffy moved that the Board adopt Resolution 90-42 a
Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Accepting
Gift of Real Property and Authorizing Execution of
Certificate of Acceptance with Respect Thereto
(Purisima Creek Redwoods Open Space Preserve, Lands of
Peninsula Open Space Trust) ; and that the Board
tentatively adopt-, the Preliminary Use and Management
Plan recommendations contained in the report , including
naming the property as an addition to Purisima Creek
Redwoods Open Space Preserve; and indicate its
intention to withhold the two easternmost parcels from
dedication as public open space at this, time, and
indicate its intention to dedicate the remaining eleven
parcels as public open space. R . McKibbin seconded the
motion . The motion passed 7 to 0 .
C . Proposed Harmon Property Addition to La Honda Creek Open Space
Preserve (Report R-90--84 dated August 30, 1990)
C . Britton showed the location of the 43-acre property and stated
that the purchase price was $600 , 000 , which was below market
value . He added that Mrs . Harmon has requested lifetime tent
camping rights and that no open fires would be allowed with this
right . D. Woods showed slides of the property. He explained the
severe limitations to the use of Bear Gulch Road. He stated that
the staff recommendation included designation of the property as
a conservation management unit and he stated that staff will
conduct a public workshop on the site.
Severo Ornstein , 2200 Bear Gulch Road , Woodside , expressed his
concerns regarding timely notification of neighbors of the
proposed acquisition. C . Britton stated that notifications had
riot been sent out prior to the Board meeting and that he had
personally phoned adjacent property owners earlier in the day to
inform them of the proposed acquisition . R. McKibbin noted that
up to and including the date of the second reading the neighbors
have an opportunity to discuss their concerns about the proposed
management plan. C . Britton stated that the second reading would
probably be at the October 10 meeting. Laura Gould, 2200 Bear
Gulch Road , Woodside, expressed her concerns about access ,
parking, logging, and building sites mentioned in the staff
report . C . Britton responded that these latter two factors are
matters of value and not indications of intention to use the
property for building or for timber harvest . Mr. Ornstein added
his enthusiastic comments about open space and emphasized his
opinion that timely notification is important to friendly
relations with neighbors .
Sally Stillman, Executive Director , Djerassi F(--)undation, stated
that she has scheduled an appointment with C . Britton to discuss
Meeting 90-21 Page 4
the foundation ' s questions concerning the proposed acquisition.
Motion: E. Crowder moved that the Board adopt Resolution 90-43 ,
a Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Authorizing
Acceptance of Purchase Agreement , Authorizing Officer
to Execute Certificate of Acceptance of Grant to
District , and Authorizing General Manager to Execute
Any and All Other Documents Necessary or Appropriate to
Closing of the Transaction (La Honda Creek Open Space
Preserve, Land of Harmon) . R. McKibbin seconded the
motion. The motion passed 7 to 0 .
Motion,: E. Crowder moved that the Board tentatively adopt the
Preliminary Use and Management Plan recommendations
contained in this report , including naming the property
as an addition to La Honda Creek Open Space Preserve;
and indicate its intention to dedicate the property as
public open space. R. McKibbin seconded the Motion.
The motion passed 7 to 0 .
D. Proposed Acquisition of 330 Distel Circle as the District ' s
Permanent Office He Miscellany
(Report R-90-103 dated September 4 , 1990)
C . Britton explained the details of the note issue delay
requiring a negotiated extension of the close of escrow contained
in the Second Addendum to the Purchase Agreement and Deposit
Receipt. He relayed information concerning the early occupancy
agreement , the prospective tenant , the terms of the lease, and
the costs of tenant improvements .
Motion: R. Bishop moved that the Board approve and authorize
recommended actions 1 through 5 of report R-90-103 as
follows :
1 . Approve the Second Addendum to the Purchase
Agreement and Deposit Receipt dated February 14 , 1990
and Authorize the president or other appropriate
officer to execute the addendum on behalf of the
District . Confirm the expenditure of $25, 000 . 00 for
the first 30-day extension under the Addendum that was
delivered to the title company on August 28 , 1990 , and
authorize the expenditure of an additional $35, 000 for
the second extension, if deemed necessary by the
general manager.
2 . Approve the Early Occupancy Agreement and authorize
the president or other appropriate officer to execute
the agreement on behalf of the District .
Meeting 90-21 Page 5
3 . Approve the office building lease with
International Technology Group and Desktop
Presentations , Inc. for the extra space and authorize
the general manager to execute the lease on behalf of
the District .
4 . Authorize the expenditure of up to $25, 000 for
necessary tenant improvements for the leased space,
together with Lip to $5 , 000 for miscellaneous
expenditures for such items as carpet and drapery
cleaning, janitorial. service and gardening on a one-
time basis .
5. Authorize the expenditure of up to $9 , 773 . 97 for
the real estate commission payable to Blickman Turkus
Real Estate for the leasing commission based upon the
3-year term of the lease . T. Henshaw seconded the
motion. The motion passed 7 to 0.
E. Scheduling of Annual Board Workshop Special Meeting (Report R-90-
101 dated September 9 9 0)
Motion: N. Hanko moved thatthe Board schedule a Board workshop
special meeting for 7 : 30 P.M. Wednesday, November 7 ,
1990 at a location to be designated in Cupertino to
review the Comprehensive Use and Management Plan for
Fremont Older Open Space Preserve . R. Bishop seconded
the motion. The motion passed 7 to 0 .
VIT . INFORMATIONAL REPORTS
N. Hanko stated that she received a memo from E. Shelley that his
resignation from the Board was to be effective September 25, 1990 .
She added that the purpose of the meeting September 26 was to
consider and schedule a process for filling E. Shelley' s position.
J . Escobar reported two solo bike accidents on the preserves .
li. Grench gave a conference update and asked that the Board
participate as ambassadors and meet as many of the participants as
possible during the conference .
VITT . CLAIMS
Motion: T. Henshaw moved that the Board approve Revised Claims 90--
17 . E. Crowder seconded the motion. The motion passed 7 to
0 .
I . CLOSED SESSION
C . Britton announced that litigation matters to be discussed in
Closed Session fell under Government Code Sections 54956 . 9 (c) and
the properties to be discussed included Santa Clara County
Assessor ' s Parcel Numbers 554-140-11 , 554-150-01 owned by U. S .
Meeting 90-21. Page 6
Board recessed to Closed Session on litigation, land acquisition,
and labor negotiation matters at 9: 47 P.M.
X. ADJOURNMENT
The meeting was adjourned at 10: 38 P.M.
Deborah Morvay-Zucker
Secretary