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Home My Public Portal About19970709 - Minutes - Board of Directors (BOD) t Regional Open L. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-18 SPECIAL MEETING BOARD OF DIRECTORS July 9, 1997 MINUTES I. ROLL CALL Vice President Betsy Crowder called the meeting to order at 5:30 P.M. Members Present: Betsy Crowder, Nonette Hanko, Ken Nitz, and Jed Cyr. David Smernoff arrived at 5:45 P.M.. Members Absent: Pete Siemens and Mary Davey. Personnel Present: Craig Britton, Sue Schectman, Del Woods, Mike Williams, John Escobar, and Malcolm Smith II. CLOSED SESSION B. Crowder stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda Item 1. The Board recessed to Closed Session at 5:35 P.M. and the Closed Session commenced at 5:39 P.M. The Board concluded the Closed Session at 6:10 P.M. and B. Crowder called the Special Meeting to order at 6:13 P.M. B. Crowder stated that the Board had had a Special Meeting to discuss Closed Session agenda Item 1, and the following action was taken: The Board of Directors gave its legal counsel authorization to initiate legal action. Once the litigation is formally commenced, the District will disclose to any person upon inquiry the action parties and other particulars unless to do so would jeopardize the District's ability to serve process on a party or to conclude settlement negotiations to its advantage. B. Crowder announced that the vote of the Directors was 5 to 0 with Directors Smernoff, Nitz, Cyr, Hanko, and Crowder voting aye and Directors Siemens and Davey absent. Additional Personnel Present: Del Woods, Malcolm Smith, John Escobar, Mike Williams, Julie McCullough, III. ADOPTION OF AGENDA Motion: N. Hanko moved that the Board adopt the agenda. D. Smernoff seconded the motion. The motion passed 5 to 0. Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • 1972-1997 • FAX:415-691-0485 • E-mail: mrosd®openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, David T.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C. Nitz • General Manager:L.Craig Britton Meeting 97-18 Page 2 IV. BOARD BUSINESS A. Agenda Item No. 1 - Proposed Addition of McKim ProM y to Monte Bello QWn Space Preserve: Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act: Tentative Adoption of the Preliminary Use and Management Plan Recommendations, Including Naming the Pro er y as an Addition to Monte Bello Open Space Preserve: and Indicate your Intention to Withhold the Pro rtrty from Dedication as Public Open Space - eWrt R-97-105) D. Woods presented an overview of the proposed acquisition including a description of the project and the planning considerations. He showed the location of the property on a map, noting it is at the heart of the District and in the center of four open space preserves, Skyline Ridge, Monte Bello, Coal Creek, and Russian Ridge. He said the five important reasons for acquiring this property are as follows: (1) It is in the middle of 6,400 acres of public open space. (2) The acquisition will ensure protection of a vitally important wildlife corridor between the open space preserves. (3) The acquisition will guarantee protection of the headwaters of Stevens Creek. (4) The acquisition will enhance the regional trail system by providing an alternative for the Ridge Trail routes and trail linkages to the various preserves. (5) The acquisition will preserve the open space character of the area and views from the majority of the existing trails that are in Monte Bello Open Space Preserve. He showed slides of the property. D. Woods answered questions regarding the zoning and permit violations, stating he was not aware there had been a cure of the recorded violations for the main house. He pointed out the dump sites on the map, and said it appears that they contain household materials. M. Williams outlined the terms and conditions of the purchase agreement and amendment. He said the zoning and building violations relating to all the dwellings on the property, the two dump sites, and suitability of the water system were the main concerns. He said the amendment to the contract extended the District's acceptance period to midnight tonight, committed the McKim's to obtain legal and habitable status of the main dwelling through the County by the end of the calendar year, and required cleanup and disposal of the dump sites, and to assure that $50,000 would be held in escrow until the conditions were dealt with to the District's satisfaction. N. Hanko commented on the fact that the District had not been notified of the violations earlier. Meeting 97-18 Page 3 Kent Mitchell, 550 Hamilton Avenue, #230, Palo Alto, said he was an attorney representing the property owners. He noted the violations were recorded and were in the preliminary title report. He addressed the comments made by M. Williams regarding the amendment. He said he had seen it for the first time that afternoon and that his clients would never have agreed to it. He stated that it is not an amendment. The first amendment was received on June 26. The deadline for the District's formal and written acceptance was June 25 and that deadline was never extended. The property went on multiple listing on June 26, offers were received, an offer was accepted, and the contract is in escrow. He said their position was that there was no contract with the District because of the District's failure to accept by the deadline. LaNell Mimmack, 245 Lytton Ave., #100, Palo Alto, the real estate agent representing the District, said she was told by the McKim's agent on June 27 that Mr. McKim had signed the agreement and that Mrs. McKim was waiting until Monday to sign it after a further conversation. K. Mitchell clarified that he saw the amendment for the first time today and added they are concerned regarding any action by the Board that would indicate that the District has a contract with the owners. He said that would be considered an interference with their contractual relations with their new buyers. He said he had been the McKim's attorney since the beginning but had only learned of the amendment today. Mr. McKim's signature on the document was subject to the approval of Mrs. McKim, himself, and Jim Lance, and there had been no acceptance of the amendment on their part. S. Schectman said staff is also concerned about the status of the transaction. She said she thought everyone is conceding that the amendment was signed by at least one party. She and Mr. Mitchell will be in communication to discuss both parties' concerns. S. Schectman said the amendment extended the acceptance deadline to July 9 and staff stands by its recommendations. K. Mitchell repeated that a motion to accept would be an act which interfered with their contractual relationships; they would be in serious jeopardy of losing the sale and would have to take action. Virginia McKim, property owner, said her husband signed the amendment providing she and Mr. Mitchell approved. She did not sign it and said she could not understand why the District thought they had a contract. Meeting 97-18 Page 4 N. Hanko noted that Mrs. McKim knows a good deal of the history of the area and particularly that site. Motion: N. Hanko moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in the staff report; adopt Resolution 97-26 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Execution and Acceptance of Purchase Agreement and Amendment Thereto, Authorizing the Officer to Execute Certificates of Acceptance of Grants to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to the Closing of the Transaction (Monte Bello Open Space Preserve - Lands of McKim); tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to Monte Bello Open Space Preserve; and indicate their intention to withhold the property from dedication as public open space at this time. J. Cyr seconded the motion. The motion passed 4-1 with Director Nitz voting no. V. ADJOURNMENT The meeting was adjourned at 6:57 P.M. Roberta Wolfe Recording Secretary