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HomeMy Public PortalAbout19960424 - Minutes - Board of Directors (BOD) -Regional Open S re N MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 96-09 REGULAR AND SPECIAL MEETING BOARD OF DIRECTORS April 24, 1996 MINUTES I. ROLL CALL President Nonette Hanko called the meeting to order at 6:35 p.m. Members Present: Peter Siemens, David Smernoff, Mary Davey, Betsy Crowder, Nonette Hanko, Teena Henshaw, and Wim de Wit Members Absent: None Personnel Present: Craig Britton, lean Fiddes, and Sue Schectman 11. CLOSED SESSION N. Hanko stated that the Board would adjourn to the Special Meeting Closed Session for the purpose of discussing Closed Session agenda items I and 2. The Board recessed to Closed Session at 6:35 p.m., and the,Closed Session commenced at 6:36 p.m. The Board recessed the Special Meeting at 7:30 p.m. and N. Hanko called the Regular Meeting to order at 7:40 p.m. Additional Personnel Present: Malcolm Smith, Mike Williams, Randy Anderson, and Mary de Beauvieres 1H. ORAL COMMUNICATIONS - None IV. SPECIAL ORDER OF THE DAY 1. Fiddes introduced Laurie Crook, the District's,new part-time secretary who is currently providing support for the Planning team. V. ADOPTION OF AGENDA Motion: T. Henshaw moved that the Board adopt the agenda. P. Siemens seconded the motion. The motion passed 7 to 0. V1, ADOPTION OF CONSENT CALENDAR In reference to B. Crowderg request for an update regarding Claim No. 92 to Enshallah, C. Britton reported that staff has contacted Woodside about a proposal for an additional lot for the Pinto Way parcel. He said staff will provide a status report for the Board at a future meeting. 330 Distel Circle * Los Altos, CA 94022-1404 * Phone:415-691-1200 e FAX:415-691-0485 * E-mail: mrosd@netcom,c,,)m 9 Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Meeting 96-09 Page 2 Motion: B. Crowder moved that the Board adopt the Consent Calendar including the minutes of the April 10, 1996 Regular Meeting; responses to written communications from Gail LeBaron Reed, 355 Old La Honda Road, Woodside; Andrew Carlson, via E-mail: <acarlson(Wofficenetl.com>; Nigel Ray, 865 Mesa Avenue, Palo Alto; Dave Alberga, 25 DeBefl Drive, Atherton; Patty Ciesla, 4050 Amaranta Avenue, Palo Alto; Glenn Wegner, 10200 Hillcrest Road, Cupertino; Tom Wallace, 173 Hollywood Avenue, Santa Cruz; Scott M. Hewlett, via E-mail: <scott.hewlett(&Harris.COM>; Tim Simmons, via E-mail: <tsimmons@auspex.com>; Tim Wong, via E-mail: <TimWongl@aol.com>; David B. Court, via E-mail: <court@scd.ucsb.edu>; Peter Donohue, via E-mail: Pdonohue@raychem.com>; Victor A. Fisher,; Rich Hanford, via E-mail: <rhanfordQfuhsd.org>; and revised claims 96-08. T. Henshaw seconded the motion. The motion passed 7 to 0. VU. BOARD BUSINESS A. Agenda Item No. I - Acceptance of$408,434 Bid from TAG Group. Inc. of San Francisco and Award of Contract for Skyline Field Office Construction Project and Authorization for General Manager to Execute Contract for the Project - (R=rt 96-51) M. de Beauvieres reviewed staff§ recommendation. She noted that the low bid is considerably lower than the first time the project was bid and is under the estimate for the project. Motion: B. Crowder moved that the Board accept the bid from TAG Group, Inc. of San Francisco of$408,434.00 and award the contract to complete this project and authorize the General Manger to enter into a contract for performance of the work. M. Davey seconded the motion. The motion passed 7 to 0. C. Britton thanked M. de Beauvieres for making sure the rebidding process went smoothly. B. Agenda Item No. 2 - RLgggsed Creation of the Midpgninsula Regional Q= Sp= District Financing Authority with Santa Clara County for the Purpose of Debt Issuance for QI&n Space Land Acquisition by the District - (R=rt R-96-48 C. Britton introduced Tom Lockard, Principal with Stone & Youngberg, proposed underwriter; and Carlo Fowler, Senior Partner with Orrick, Herrington and Sutcliffe, bond counsel, for the proposed financing authority. He said this is the first time the District has undertaken to establish a joint powers authority with the County of Santa Clara. C. Fowler explained that the formation of a separate legal entity under California law, a joint powers authority is being proposed. He said that what is before the Board I Meeting 96-09 Page 3 tonight is the resolution to approve the execution of an agreement creating the Midpeninsula Regional Open Space District Financing Authority, a separate joint powers authority. He said the new authority, if approved by this Board and then the Board of Supervisors, is a vehicle for the financing authority to issue its bonds. C. Fowler said the financing authority will buy two assets: the promissory notes of the District and the District§ obligation for lease financing. The Authority can bundle, or buy, a number of different obligations on the District§ part. C. Fowler stated that one limited side effect is that in converting promissory notes and certificates of participation to bonds there is a greater market advantage, adding the real benefit is the bundling of separate obligations. Tom Lockard cited the following key points: the authority will save the cost of issuance; rather than issuing two or three separate issues, they are issuing one; the nomenclature benefit based on certificates of participation being converted into bonds and the market feeling better about bonds; the efficiency in the structure from combining three components; larger maturities; greater investment interest; and the possibility to attract insurance. He said there is clear advantage to buying insurance if it is made available. T. Lockard described the charts and graphs contained in the packet distributed to Board members: Existing debt service Three components of bundled issue, showing amortization terms Existing debt profile and capture of economic benefit of available revenue for purposes of bonding in later years Detail of what went into creating previous graph Schedule (He noted a deadline of August 22 when there is an opportunity to refinance some high cost notes.) Illustration of creation of financingauthority and what it would accomplish P Y Municipal bond rates i n 1 90 s since e c 9 P Short term interest rates for variable rate demand notes N. Hanko referred to the schedule page and asked if the joint powers authority board members should be appointed at this time. C. Fowler said he thought that would be premature because the County has not acted to approve the authority. However, there does have to be a duly constituted authority to take action in late May or early June. N. Hanko asked if there was risk with the joint powers agreement as far as the District is concerned. Mr. Lockard said none other than what you typically take with issuance of bonds. C. Britton said that he and Director Smernoff had met with Supervisor Diane McKenna. She supports formation of the joint powers agreement and felt that the Board of Supervisors would support forming the authority. C. Britton stated there is a window of August 22 and 90 days before that when the Hosking debt, at 8% now, could be refinanced at a much lower rate. He added that Meeting 96-09 Page 4 the District owes Peninsula Open Space Trust $1 million on a one year note for the former Rancho de Guadalupe property and they must be paid back in a timely fashion. The District will realize about $8 million of new money based on the financing. N. Hanko asked if there was a restriction in where the land could be acquired, C. Britton said that is up to the Board from a policy standpoint. T. Lockard stated it is conceivable that San Mateo County or some other entity would approach the District to help create other joint powers agreements. He told how they had joined other districts to create an authority so they could issue bonds instead of certificates of participation. Following discussion, it was agreed that the term of the authority should be changed to 40 years. Referring to the chart showing the District§ ability to incur new debt, D. Smernoff was informed that the ceiling on the window above the line is dependent on the collection of tax revenues. S. Schectman stated that the other constraint is the statutory limit of the District. This profile has to fit within the maximum borrowing the District is allowed and M. Foster has calculated that and it does. Harry Haeussler, 1094 Highland Circle, Los Altos, asked where the Authority will get money to buy bonds. C. Fowler said the Authority sells bonds to the underwriter and the Authority§ bonds are sold to the public. C. Fowler said there is only one commission. N. Hanko stated that if the joint powers agreement is approved at this meeting, she intends to appoint the Vice President, the chairman of the Administration and Budget Committee and the treasurer of the District to the Authority§ Board. P. Siemens suggested that when the bylaws are drawn up, they state that Authority Board members be appointed following election of new District Board officers. N. Hanko asked that this be worked into the procedure. Motion: P. Siemens moved that the Board adopt Resolution No. 96-14, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing the Execution of a Joint Exercise of Powers Agreement By and Between the Midpeninsula Regional Open Space District and the County of Santa Clara, amended to change the term of the authority from 30 to 40 years. T. Henshaw seconded the motion. The motion passed 7 to 0. C. Agenda Item No. 3 - Authorization to Purchase 80,76-Acre Wells P=ny for $50,000 and 80.76-Acre Cutten Prop&rty for $50.000 as Additions to Kennedy Limekiln Area of Sierra Azul Open Space Preserve. Tentative Adoption of Preliminary Use and Management Plan Recommendations for the R=rties• Including Intention to VYithhold Dedication of the Properties as Public Open Spin. Meeting 96-09 Page 3 tonight is the resolution to approve the execution of an agreement creating the Midpeninsula Regional Open Space District Financing Authority, a separate joint powers authority. He said the new authority, if approved by this Board and then the Board of Supervisors, is a vehicle for the financing authority to issue its bonds. C. Fowler said the financing authority will buy two assets: the promissory notes of the District and the District§ obligation for lease financing. The Authority can bundle, or buy, a number of different obligations on the Districti part. C. Fowler stated that one limited side effect is that in converting promissory notes and certificates of participation to bonds there is a greater market advantage, adding the real benefit is the bundling of separate obligations. Tom Lockard cited the following key points: the authority will save the cost of issuance; rather than issuing two or three separate issues, they are issuing one; the nomenclature benefit based on certificates of participation being converted into bonds and the market feeling better about bonds; the efficiency in the structure from combining three components; larger maturities; greater investment interest; and the possibility to attract insurance. He said there is clear advantage to buying insurance if it is made available. T. Lockard described the charts and graphs contained in the packet distributed to Board members: Existing debt service Three components of bundled issue, showing amortization terms Existing debt profile and capture of economic benefit of available revenue for purposes of bonding in later years Detail of what went into creating previous graph Schedule (He noted a deadline of August 22 when there is an opportunity to refinance some high cost notes.) Illustration of creation of financing authority and what it would accomplish Municipal bond rates since 1990 Short term interest rates for variable rate demand notes N. Hanko referred to the schedule page and asked if the joint powers authority board members should be appointed at this time. C. Fowler said he thought that would be premature because the County has not acted to approve the authority. However, there does have to be a duly constituted authority to take action in late May or early June. N. Hanko asked if there was risk with the joint powers agreement as far as the District is concerned. Mr. Lockard said none other than what you typically take with issuance of bonds. C. Britton said that he and Director Smernoff had met with Supervisor Diane McKenna. She supports formation of the joint powers agreement and felt that the Board of Supervisors would support forming the authority. C. Britton stated there is a window of August 22 and 90 days before that when the Hosking debt, at 8% now, could be refinanced at a much lower rate. He added Meeting 96-09 Page 6 District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to the Transaction (Sierra Azul Open Space Preserve - Lands of Cutten). P. Siemens seconded the motion. The motion passed 7 to 0. Motion: P. Siemens moved that the Board tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the properties as additions to the Kennedy Limekiln Area of Sierra Azul Open Space Preserve; indicate their intention to withhold the properties from dedication as public open space at this time; and determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in the staff report. T. Hen haw seconded the motion. The motion passed 7 to 0. VIII. INFORMATIONAL REPORTS N. Hanko reported that she and M. Smith attended the meeting of the San Mateo County Council of Cities. Quentin Kopp, Byron Sher, and Jackie Speier were at the meeting and responded to N. Hanko§ question regarding the status of the Constitutional Revision Commission§ report; none of them thought it would get to the point of public consideration before 1998. M. Smith said his impression was that all three of the legislators would not support the recommendations if they were presented as a package. N. Hanko suggested that the Board continue to attend these meetings. P. Siemens said he participated in a press conference pertaining to hillside standards. Monte Sereno, Los Gatos, Saratoga, Cupertino, and Santa Clara County have entered into an agreement to try to establish standards including setting urban green line boundaries for the cities, coming up with consistent standards for building in the hills, and establishing priorities for preservation of the land. He said he hoped the District will have an opportunity to participate in some of their planning. He said Greenbelt Alliance is involved. N. Hanko asked that P. Siemens and R. Anderson make sure the Board is kept updated on the project. M. Davey complimented the District as represented by N. Hanko and C. Britton at Stan Norton§ memorial on April 11. W. de Wit thanked Board and staff members for support during his recovery from surgery. He announced that he will complete his current term on the Board but will not seek re- election. However, he stated that he wishes to remain active with outdoor recreation leaders and environmental education of youth. The Audubon Society will honor him on Thursday, May 9 at 7:30 p.m. at the Garden Center in San Mateo. C. Britton extended a final appeal to the Board for attendance at the Special Districts Forum in Illinois June 5-8. C. Britton stated he thought it would be worthwhile for a member of the Board to attend the Forum and if anyone could attend they should let him know. Meeting 96-09 Page 5 and Determination that Recommended Actions are Categorically Exempt Under CEQA - (R?,Vgrt R-96-5M R. Anderson pointed out on the map the major roadways and the location of the Wells and Cutten properties. C. Britton reviewed the terms of the purchase agreements as contained in the staff report. He said staff had tried to locate the heirs to the remaining 3/8 interest in the property, but to clear title the District would probably have to go through a quiet title action. The more critical aspects of this property are that the proposed Ridge Trail goes through a comer of it and it is part of the viewshed of the former Rancho de Guadalupe property. R. Anderson showed slides depicting the property including views from various locations on and off the property. Following a summary of the staff report, he said it is the intention of the staff to provide access to the public on the Ridge Trail during the Preliminary Use and Management Plan stages. Harry Haeussler, Los Altos, asked why the staff is recommending that the property not be dedicated as open space. R. Anderson and N. Hanko explained it is to allow the assembly of the parcels in the Sierra Azul Area, including the former Rancho de Guadalupe property, and the development of a comprehensive plan that addresses their use. D. Smemoff inquired about the timetable for a Comprehensive Use and Management Plan. R. Anderson said there will be an interim plan in the near future. C. Britton said it is in the five year plan and depends on whether the Sierra Azul Open Space District is reconfigured and timing on the Mt. Umunhurn cleanup by the federal government. C. Britton informed D. Smemoff that there are four private holdings to the north of the proposed acquisition, and a new road has been built into the plan. He said the District is not actively trying to purchase any of those properties. Motion: M. Davey moved that the Board adopt Resolution No. 96-15, 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 the Transaction (Sierra Azul Open Space Preserve - Lands of Wells). D. Smemoff seconded the motion. The motion passed 7 to 0. Motion: M. Davey moved that the Board adopt Resolution No. 96-16, 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