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Meeting 90-20
A WARM
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REGULAR MEETING
BOARD OF DIRECTORS
August 22 1990
MINUTES
I . ROLL CALL
President Nonette Hanko called the meeting to order at 7 :32 P.M.
Members Present: Nonette Hanko, Edward Shelley, Robert
i
McKibbin, Teena Henshaw, and Betsy Crowder.
Members Absent : Katherine Duffy and Richard Bishop.
Personnel Present : Herbert Grench, Craig Britton, Jean Fiddes ,
Mary Hale, Mike Foster, Stanley Norton, Del Woods, John Escobar,
Mary Gundert , and Emma Johnson.
II . WRITTEN COMMUNICATION
E. Johnson stated that the Board had received the following
written communications :
1 . A letter dated August 2, 1990 from Bill Lithgow, 129
Stratford Street, Redwood City, regarding barriers installed
at Alpine Road.
2 . A letter dated August 17 from Angie Boissevain, Director of
Jikoji , 12100 Skyline Boulevard, Los Gatos , regarding the
agreement with the District to provide space for hostelers .
This written communication was delivered too late to be
included in the packet, but copies were included in the
material distributed at the meeting.
E. Johnson stated that a draft response prepared by staff was
attached to Mr. Lithgow ' s letter.
N. Hanko stated that the draft response to Mr. Lithgow was
approved by Board consensus and that the letter from Ms .
Boissevain would be discussed during Board consideration of the
Long Ridge Open Space Preserve Use and Management Plan later on
the agenda.
III . ORAL COMMUNICATIONS
There were no oral communications.
IV. ADOPTION OF AGENDA
N. Hanko stated that the agenda was adopted by Board consensus.
201 San Antonio Circle, Suite C-135 ° Mountain View, California 94040 • Phone: (415) 949-5500 n FAX: (415) 949-5679
General Manager:Herbert Grench Board of Directors:Richard Bishop,Betsy Crowder,Katherine Duffy,Nonette Hanko,Teena Henshaw,Robert McKibbin,Edward Shelley
Meeting 90-20 Page two
V. BOARD BUSINESS
The Board agreed to consider agenda items four and five before
the other agenda items .
A. Final Adoption of the Preliminary Use and Man ement Plgn
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Motion: E. Shelley moved that the Board adopt the Use and
Management Plan for the Bechtel property addition
to La Honda Creek Open Space Preserve, including
the naming, and indicate its intention to dedicate
the property as public open space. R. McKibbin
seconded the motion. The motion passed 5 to 0.
B. Final Adoption of the Preliminary Use and Management Plan
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Motion: E. Shelley moved that the Board adopt the
Preliminary Use and Management Plan for the McNeil
property addition to the Mt. Umunhum area of
Sierra Azul Open Space Preserve, including the
naming, and indicate its intention to dedicate the
property as public open space. R. McKibbin
seconded the motion.
Discussion: Mrs . Hertha Harrington, 78 Morse
Eane, onside said that she has property adjacent
to the former Bechtel property and asked what the
use of the property would be and that her concern
was based on whether it would contradict the
agreement she will be signing with the District.
C . Britton responded that there ' s nothing about
the use of Allen Road in the Use and Management
Plan for the former Bechtel property.
The motion passed 5 to 0.
C . Issuance of $15 Million Promissory Notes and $10 Million
Certir-t'lffc--a-t-e-s---o-f-Pa-r--Ei—cip—a-Ti—c�n---rR-e-p-o-r-f-"- -0--40—diied ____
19 90) _August�_16_,
H. Grench introduced Douglas Charchenko of Prudential-Bache
Capital Funding, the underwriters for the note issue, and Carlo
Fowler of Orrick, Herrington and Sutcliffe, District bond
counsel .
M. Foster explained that the Board had previously approved the
Underwriting Agreement and general plan for the financing and
that the Board was now being asked to consider approval of the
documentation for the issuance of $15 million of twenty year
notes and $10 million of thirty year certificates of
Meeting 90-20 Page three
participation. He said that the new documents distributed at the
meeting included no substantive changes from what the Board had
previously received.
He assured the Board that no one will acquire physical interest
in District property in the lease portion of the agreements even
though some property is technically pledged.
Douglas Charchenko of Prudential-Bache Capital Funding stated
that the situation in the Middle-East has impacted the current
state of the bond market but that Prudential-Bache will attempt
to have as much flexibility as possible when the note is marketed
so as to get the lowest interest rate. He stated that there
should be no problem selling the notes and that the situation is
manageable by the District.
Carlo Fowler explained the history of the District ' s note issues,
noting that the District can now borrow for longer periods of
time. He said that cash flow needs can be met with the lease
purchase financing concept, as well as note borrowing.
Motion: E. Shelley moved that the Board adopt Resolution 90-38 ,
a Resolution of the Board of Directors of the
Midpeninsula Regional open Space District Authorizing
the Issuance of $15, 000, 000 Principal Amount of
Midpeninsula Regional open Space District 1990
Promissory Notes and Providing for the Form, Execution
and Repayment of Said Notes . E. Crowder seconded the
motion. The motion passed 5 to 0.
Motion: E. Shelley moved that the Board adopt Resolution 90-39,
a Resolution of the Board of Directors of the
Midpeninsula Regional open Space District Authorizing
the Execution and Delivery of a Purchase Contract
Relating to $15, 000, 000 Principal Amount of
Midpeninsula Regional Open Space District 1990
Promissory Notes and Approving the Preliminary official
Statement and the Official Statement and Other
Documents Relating to Said Notes . E. Crowder seconded
the motion. The motion passed 5 to 0 .
Motion: E. Shelley moved that the Board adopt Resolution 90-40 ,
a Resolution of the Board of Directors of the
Midpeninsula Regional open Space District Authorizing
the Execution and Delivery of a Site Lease, a Project
Lease, a Trust Agreement and a Certificates of
Participation Purchase Contract Relating to the
Midpeninsula Regional open Space District 1990
Certificates of Participation (Administration Building
and Open Space Project) , Approving a Preliminary
Official Statement and an Official Statement for Such
Certificates of Participation and Approving Certain
Other Matters in Connection Therewith. E. Crowder
seconded the motion. The motion passed 5 to 0.
Meeting 90-20 Page four
S. Norton explained that the Preliminary Official Statement is
the District ' s assurance of certain facts about the District and
that N. Hanko and staff scrutinized the document for accuracy.
D. f'�nalRidoetOoenoS ace PQeserv�nsive Ube
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D. Woods stated that the Board had tentatively adopted the
Comprehensive Use and Management Plan with the exception of
staff ' s recommendation to remove the buildings located on the
former Panighetti property and retain the water system for
wildlife purposes. He said that staff considers the structures
as potential liability hazards and proposed that demolition be
reconsidered within six months.
M. Gundert said that staff had met at the site with members of
Jikoji to discuss the District ' s agreement with them, including
the by-pass road. She said that Santa Cruz County will not be
requiring a grading permit to do the construction of the by-pass
road, and that Jikoji will have plans drawn up for the District
review. She noted that completion of the water system is contin-
gent upon the by-pass road. She said that staff can work with
Jikoji on the bridge over the spillway on the dam and will
undertake a signing program to explain Jikoji, asking bicyclists
to be quiet and to turn the water off . She added that Jikoji is
asking that the idea of a hostel on the property be postponed.
C. Britton stated that Jikoji cannot unilaterally decide not to
conform to the conditions of the agreement and suggested some
time limitation for the postponement . D. Woods suggested that a
number of points in the agreement need to be addressed. He
recommended that staff return to the Board for further action as
soon as staff learns what is going to happen with the County of
Santa Cruz , renegotiate all points with Jikoji at that time and
set deadlines for all aspects of the agreement . He suggested a
deadline of six months for getting information from Jikoji ' s
engineer.
Motion: E. Shelley moved that staff send Jikoji a letter
setting a guideline for submitting plans and
specifications for the road within six months and
report back to the Board so guidelines can be set. R.
McKibbin seconded the motion. The motion passed 5 to
0.
N. Hanko stated that the Board action could be used in staff ' s
reply to Ms . Boissevain' s letter of August 17 .
J. Escobar reviewed Bryan Osborne ' s concerns regarding trail
closures , signing, and communication. He said that he and D.
Hansen had met with Mr. Osborne to respond to his concerns, and
D. Hansen had addressed the concerns again in his letter of
August 16 to Mr. Osborne. He said a member of the ranger staff
will meet with Mr. Osborne to discuss the signing questions.
Meeting 90-20 Page five
E. Shelley stated that he favored the original staff proposal of
razing the structures on the former Panighetti property. He
asked if staff had investigated using the structures as a
caretaker' s dwelling for a backpack camp. D. Woods stated that
staff had concluded that the cost of improving the foundation and
the septic system is excessive and that staff does not recommend
keeping the buildings . H. Grench said there are liability
concerns if the structures are retained. After further
discussion, E. Crowder and R. McKibbin stated they would be
willing to withdraw their support for retaining the structures .
Motion: R. McKibbin moved that the Use and Management Plan be
changed back to the original staff recommendation of
removing the buildings and retaining the water system
for wildlife purposes. E. Crowder seconded the motion.
The motion passed 5 to 0.
E. Proposed Addition of Pond Pro ert to the Cathedral Oa .
Sierra Azul _qpenSpace (R -90-96 dat
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C. Britton reviewed the staff report noting the trail connection
possibilities and location of the 25-acre parcel on the map. He
said that the purchase price is $85, 000. D. Woods showed slides
of the property noting its features, road and trail locations.
He said use and management recommendations include private
property and preserve boundary signs where appropriate.
Motion: E. Shelley moved that the Board adopt Resolution 90-41 ,
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 (Sierra Azul Open Space
Preserve, Lands of Pong et al . ) . T. Henshaw seconded
the motion. The motion passed 5 to 0.
Motion: E. Shelley moved that the Board tentatively adopt the
Preliminary Use and Management Plan recommendations ,
including naming the property as an addition to the
Cathedral Oaks Area of Sierra Azul Open Space Preserve
and indicate its intention to withhold the property
from dedication as public open space at this time. T.
Henshaw seconded the motion. The motion passed 5 to 0 .
VI. INFORMATIONAL REPORTS
E. Crowder stated she would like her informational reports in the
minutes of July 25, 1990 corrected to reflect that at the meeting
of the San Mateo County Planning Commission on the transfer of
development rights ordinance to add that County Counsel had
recommended against the transfer of development rights ordinance
as proposed, but the Planning Commission had referred it to a
future study session on a date not yet determined.
Meeting 90-20 Page six
N. Hanko stated that she would tour the Lee property on September
12 with William Sorich, D. Woods, C . Britton, and B. Crowder to
see the location of the building and impact on the Devil ' s Canyon
area. She asked if any other Board members would like to attend,
there being room for one more.
E. Shelley stated he would submit his resignation from the Board
to be effective on September 25, rather than September 20 as
previously indicated.
J. Escobar stated there had been no other recent accidents but
that a bicycle accident at Fremont Older Preserve had occurred
earlier in the evening. He said he would report further at the
Board' s next meeting.
H. Grench announced the promotion of Deborah Zucker to office
Manager/Secretary to the General Manager.
H. Grench announced that $40, 000 state funding for the
interpretive center at Alpine Pond has been put into Senate Bill
2621 and believes there is a high probability of the bill being
signed.
M. Hale announced that registration for the International open
Space Conference was at 360. She said that the National Park
Service will be sponsoring a cruise to Alcatraz for conference
participants.
VII. CLAIMS
Motion: T. Henshaw moved approval of Revised Claims 90-16. R.
McKibbin seconded the motion. The motion passed 5 to
0.
Viii . CLOSED SESSION
There was no Closed Session.
IX. ADJOURNMENT
The Board adjourned at 9:20 p.m.
Emma Johnson
Recording Secretary