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HomeMy Public PortalAbout19941026 - Minutes - Board of Directors (BOD) Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 94-28 REGULAR MEETING BOARD OF DIRECTORS October 26, 1994 MEH= I. ROLL CALL President Ginny Babbitt called the Meeting to order at 7:37 P.M. Members Present: Peter Siemens, Robert McKibbin, Teena Henshaw, Ginny Babbitt, Nonette Hankol and Wim de Wit. B. Crowder arrived at 7:42 P.M. Personnel Present: Craig Britton, Jean Fiddes, Malcolm Smith, John Escobar, Randy Anderson, Sue Schectman, Mike Williams, and Emma Johnson. H. ORAL COMMUNICATIONS There were no oral communications. III. SPECIAL ORDER OF THE DAY C. Britton introduced Mike Williams, the District's new Real Property Representative, citing his experience as an appraiser and most recently at Caltrans. IV. ADOPTION OF AGENDA Motion: N. Hanko moved that the agenda be adopted. R. McKibbin seconded the motion. The motion passed 6 to 0. B. Crowder was not present for the vote. V. ADOPTION OF CONS-ENT CALENDAR J. Fiddes requested that the minutes of the September 28, 1994 be removed from the consent calendar. Motion: P. Siemens moved that the Board adopt the consent calendar including approving the minutes of October 12, 1994; agenda item number one adopting Resolution 94-37, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Declaring that District Volunteers are Deemed to be District Employees for Purposes of Workers' Compensation Insurance Pursuant to State Labor Code §3361.5 and §3363.5; agenda item number four adopting Resolution 94-38, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for Grant Funds Under the Santa Clara County Historical Project Funding Program for the Following Project: Homestead House Historic Restoration; and approving revised claims 94-19. R. McKibbin seconded the motion. The motion passed 6 to 0. B. Crowder was not present for the vote. V1. APPROVAL OF MINUTES Sotember 28. 1994 J. Fiddes stated that Controller Michael Foster had requested that Section B, page three of the minutes (Authorization for Staff to Arrange the Issuance of Approximately $16.1 Minion of 330 Distel Circle - Los Altos, Calitornii 940-12-1404 * Phone: 41 5-091-1200 * FAX: 415-691-0485 e Bojid,)t 0ifet tor,:Pew Swnwn,,Robert NI(Kibbin, lcona I ienh,m,Ginny B,ibhitt, Nonette Kinko, Bet,\ (rowder,Wim de Wit I i Meeting 94-28 Page 2 Twenty Year Notes for Refinancing Previous Notes and New Land Acquisitions and Authorization for General Manager to Execute Underwriting Agreement with Stone & Youngberg) be amended to read: "This refinancing would reduce debt service over the next two and one-half years, by $7.6 million. He requested that the Board approve the underwriting agreement with Stone & Youngbe and note_d that he planned to use Orrick, Herrington, and Sutcliffe as bond counsel for the note issuance." Motion: P. Siemens moved that the Board approve the amended minutes of September 28, 1994. R. McKibbin seconded the motion. The motion passed 6 to 0. B. Crowder was not present for the vote. VII. WRITTEN COMMUNICATIONS There were no written communications. VIII. BOARD BUSINESS A. Authorization for Staff to Issue Request for Proposals and Initiate Process to Provide Public Information and Review the Proposals for the Buildings and Facilities at the Former Almaden Air Force Station . Mt. Umunhum, Sierra Azul Open Space Preserve sport R- 94-106) R. Anderson noted that the Board had authorized staff to prepare to solicit offers for the lease, use and/or improvement of the former Almaden Air force Station buildings and infrastructure at its Board meeting of May 25, 1994. He said an assessment of buildings on Mt. Thayer has since been completed and was attached to the Board report (R-94-106) and that pertinent portions of the draft Request for Proposals (RFP) had also been included with the report. He continued that he had prepared a scope of work that the District would have to do to complete the process of planning for the ultimate disposition of the property and that it would be the most complex use and management plan the District has ever done. He said the criteria to be used to evaluate proposals include: 1) mammal impacts on the site and surrounding region, especially environmental impact on wildlife, native vegetation, hydrology, traffic, visual impact of buildings, and through access by adjacent property owners; 2) supports or is compatible with low-intensity public recreation along with public benefit; 3) provide revenue and/or minimize cost to District; and 4) qualifications of the proposer. He said that the Department of Corrections will be notified, along with others who have expressed an interest. I R. Anderson proposed mailing the RFPs and press releases about November 9 followed by a public hearing in Los Gatos to review the request for proposals. C. Britton added that the meeting would include showing slides of the buildings, Board comments, and questions from the audience and suggested November 30 or December 7 as possible meeting dates. Following discussion, G. Babbitt announced that December 7 would be the best date for the Board, and that the location would be announced at a later date. Upon further discussion, 7:30 was announced as the starting time for the meeting. R. McKibbin suggested voting on the proposal before continuing the process; he said he would vote against the proposal because he believes the buildings should be demolished. R. Anderson noted that a potential communication lease might help to fund a demolition project. R. McKibbin responded that preserves should remain preserves, and having some other use on the site is not compatible with preserve use. Meeting 94-28 Page 3 Motion: N. Hanko moved that the Board authorize staff to issue the request for proposals and to initiate the process to provide public information and review proposals for the buildings and facilities at the former Almaden Air Force Station located at Mt. Umunhum. P. Siemens seconded the motion. The motion passed on the following vote: Ayes: P. Siemens, G. Babbitt, N. Hanko, B. Crowder, and W. de Wit. Noes: R. McKibbin and T. Henshaw. R. Anderson noted that a site visit will take place approximately one week after the workshop for the purpose of allowing potential proposers to look at the site. He said this would be a noticed Use and Management Committee meeting and other Board members could attend, and suggested the meeting be on Thursday, December 15 at 10:00 A.M. He distributed copies of the planning process that was prepared to respond to the grand jury recommendations and to implement goals and policies for planning and management. Discussion centered on the cost of razing the buildings. C. Britton noted that the RFP process may help to determine interest by others that may help with the cost of demolition. He said the Corp of Engineers has not completed the toxic clean-up. P. Siemens suggested that after the costs are known, the District could apply for a clean-up grant from the federal government. B. Authorization to Work with Town of Woodside to Establish Up to Six Legal Lots for the Su lus Prouty at Teague Hill Oren Space Preserve and for General Manager to Negotiate a Contract with Enshallah Real Estate and Development Consultants M rtp�R- 94-105) R. Anderson noted that entitlements are the chief obstacles to selling the property. Staff research indicates a lot line adjustment mechanism based on lots of record that existed each time the property was legally subdivided may be the best approach. He noted that D. Blackman has identified a number of parcels that could be reconfigured, adding that the research has been completed and indicates that the District should actively pursue the lot line adjustment to create the legal parcels necessary to market the surplus property and to address the slope density constraint. He said that staff proposes retaining Geraldine Steinburg of Enshallah Real Estate and Development Consultants to assist in its application and negotiations with the Town of Woodside. N. Hanko asked if there is anything in the Town's ordinances that guarantees the District could develop legal lots. S. Schectman said that state law allows the District to do lot line adjustments and explained that the Subdivision Map Act allowed the District to create the 35 acre parcels. She said that, with respect to Woodside's ordinances, usually lot line adjustments must comply with the city or county zoning ordinance regarding minimum lot size and the slope density formula. She said some slope density formulas have room for interpretation and flexibility and the District should investigate whether this is an available approach. P. Siemens asked for clarification on the procedure, wanting to clarify if the lot split will be the end of the process and whether the District would have to go through the entire map act process. R. Anderson responded that, if the process becomes more than a lot line adjustment, staff would report back to the Board on further procedures. P. Siemens said he would like the end result to be the District having buildable individual lots to sell. C. Meeting 94-28 Page 4 Britton noted that what the District would like to have agreement that each lot has a density of three and sell the parcels on that basis. R. McKibbin asked for clarification on the financial terms with Enshallah, especially if the parcels are sold on an option basis rather than outright, and whether the 3% commission is based on when the option is purchased or when the option is exercised. C. Britton responded that it would normally be when the sale is consummated. He continued that, although the Board may grant him the authority to negotiate the contract, staff would still present the contract to the Board since budget funds would have to be transferred. He said Enshalla's hourly costs will be charged against the 3%. R. Anderson noted that staff will not have a lot of time from Enshallah's initially and could work on a not-to-exceed basis. Motion: T. Henshaw moved that the Board authorize the general manager and legal counsel to work with the Town of Woodside to use a lot line adjustment mechanism to establish up to six legal lots accommodating the necessary slope density to qualify as buildable sites, while preserving the maximum possible amount of public open space. P. Siemens seconded the motion. The motion passed 7 to 0. Motion: T. Henshaw moved that the Board authorize the general manager to negotiate a contract with Enshallah Real Estate and Development Consultants to assist and represent the District in its dealings with the Town of Woodside and in marketing the property N. Hanko seconded the motion. The motion passed 7 to 0. C. Cancellation of November 23 Regular Meetings oprt R-94-102 C. Britton reported that staff does not see the need for a second meeting in November at this time. Motion: B. Crowder moved that the Board cancel its November 23 Regular Meeting. R. McKibbin seconded the motion. The motion passed 7 to 0. Ix. INFORMATIONAL REPORTS C. Britton reported that: 1) the management team had met with four staff members of the Santa Clara County Parks and Recreation Department and plans to meet with them again after their reorganization early in 1995 to discuss working together on common interests; 2) he met with Patrick Sanchez of San Mateo County Parks and Recreation to discuss Bay Trail connections and management; 3) a San Jose Mercury columnist had erroneously reported that the District was cooperating with other public agencies to acquire the Mountain Winery in Saratoga; he added that, to the degree the District could help facilitate acquisition by a non-profit, the District would be interested; 4) J. Escobar attended a hearing on the relationship of parks and recreation and safety chaired by Assemblyman Dominic Cortese in San lose on October 27; and 5) he will be attending a Land Trust Alliance seminar from October 31 through November 2. He thanked the Board, on behalf of the staff, for the staff recognition event and discussed staff's interest in discussing planning for the event. T. Henshaw requested that J. Escobar express her appreciation to the District rangers who participated in Duveneck School's Harvest Day Festival. Meeting 94-28 Page 5 R. Anderson reported that the Los Trancos Fault Trail had been renovated. He noted that the 1987 Use and Management Plan had specified that the Fault Trail be closed to bicycles but the restriction had never been implemented on a portion of the trail until the oversight was discovered during the renovation. W. de Wit reported on the docent enrichment program on Ohlone Indians he had attended and said that a field trip focusing on the Ohlone Indians is scheduled for October 29 at Deer Hollow Farm. He asked if any Board member will be attending the San Mateo Count Council of Cities' Annual Legislators' Breakfast on December 3. The Board concurred that W. de Wit should be the Board's representative at the meeting. J. Escobar reported that there had been an accident involving a bicycle rider at Saratoga Gap Open Space Preserve. S. Schectman reported: 1) Santa Clara County Counsel had called to report that they have filed a motion to dismiss the challenge to the formation of the Santa Clara County Open Space Authority and it will be heard November 22; 2) on the two-day League of California Cities Conference she attended; 3) she, along with other special district counsels, will be submitting a proposal to the city attorneys' section of the League to allow them to form a committee under their umbrella so they would have a vehicle in which to meet and share issues and concerns. B. Crowder reported she attended a Ridge Trail meeting prior to the Board meeting and that discussion is on-going on how to get through the San Francisco watershed. X. ADJOURNMENT The meeting was adjourned at 8:55 P.M. Emma Johnson Recording Secretary