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HomeMy Public PortalAbout19990811 - Minutes - Board of Directors (BOD) ► Regional Open —1 . ice --------------------- MIDPENINSULA REGION1if4R WAN DISTRICT REGULAR AND SPECIAL MEETINGS BOARD OF DIRECTORS August 11, 1999 MINUTES I. ROLL CALL President Jed Cyr called the meeting to order at 7:05 P.M. Members Present: Nonette Hanko, Mary Davey, Jed Cyr, Ken Nitz, Peter Siemens, Deane Little, and Betsy Crowder. Members Absent: None. Staff Present: Craig Britton, Sue Schectman. Il. CLOSED SESSION J. Cyr 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 7:05 P.M. and the Closed Session commenced at 7:06 P.M. The Board concluded the Closed Session at 7:30 P.M. and J. Cyr called the Regular meeting to order at 7:34 P.M. He noted that no reportable actions had taken place in Closed Session. Additional Staff Present: Peggy Coats, John Escobar, Deirdre Dolan, Malcolm Smith, Michael Williams, Mike Foster, Del Woods Ill. ORAL COMMUNICATIONS - There were none. IV. ADOPTION OF AGENDA Motion: M. Davey moved that the Board adopt the agenda. P. Siemens seconded the motion. The motion passed 7 to 0. V. ADOPTION OF CONSENT CALENDAR N. Hanko removed the minutes of June 9, and D. Little removed the minutes of July 27. Motion: P. Siemens moved that the Board adopt the Consent Calendar including approval of the minutes of the July 14 Regular and Special Meeting, and the July 24 Special Meeting; agenda item 5, Authorization for Staff to Advertise for Bids to Purchase One Brush Chipper; agenda item 6, Cancellation of August 25 Meeting; and Revised Claims 99-15. B. Crowder seconded the motion. The motion passed 7 to 0. 330 Distel Circle * Los Altos, CA 94022-1404 9 Phone:650-691-1200 FAX: 050-691-0485 * E-mail:mrosd(0,openspace.org * Web site:WIAw.openSpaCe.org Bmrdot Oirectors:Pete Siemens,Mary C- Davey,led Cyr,Deane Little, Nonette Hanko,Bow Crowder,Kenneth C.Nitz -GenerdNialmq0r:L.Craig Britton Meeting 99-20 Page 2 V1. APPROVAL OF MINUTES June 9, 1999 Motion: M. Davey moved that the Board approve the minutes with the first sentence of the second paragraph on page 4 amended to read, "N. Hanko added that some members of the Coastal Advisory Committee were trying to work out an alternate solution to the District's use of eminent domain P. Siemens seconded the motion. The motion passed 7 to 0. July 27, 1999 Motion: K. Nitz moved that the Board approve the minutes of July 27 with the roll call amended to show Deane Little present. P. Siemens seconded the motion. The motion passed 7 to 0. VII. BOARD BUSINESS A. Agenda Item No. 1 — Public Hearing Pursuant to Government Code Section 6586.5 on the Proposed 1999 Revenue Bond Financing (Second Issue) by the Midpeninsula Regional Oven Space District Financing Authority and on the Significant Public Benefit Thereof— (Report R-99-1 11). C. Britton introduced Carlo Fowler, Orrick Herrington & Sutcliff; and Tom Lockard, Managing Director of Stone & Youngberg. At 7:40 P.M., J. Cyr opened the public hearing. T. Lockard announced the purpose of the hearing and said the analysis showed that the District could save $170,000. No member of the public wished to speak, and J. Cyr closed the public hearing at 7:42 p.m. B. Agenda Item No. 2 — Issuance of 1999 Revenue Bonds (Second Issue); Confirm That Two Public Hearings Were Held by the Board of Directors of the Midgeninsula Regional Open Space District, One on Tuesday, July 27, 1999, at the Town of Portola Valley's Town Hall, 65 Portola Road, Room 8, and One on Wednesday, August 11, 1999, at the District's Administrative Office at 330 Distel Circle, Los Altos, as Required for Approval of Financing and Adoption of Findings Pursuant to Government Code Section 6586.5 — (Report R-99-108). M. Foster explained that the overall effect of the bond issuance would be to reduce the debt service for the first eight years. He said the interest rate was up a little since preparation of the report. There should be no need for refinancing over the life of the notes. r Meeting 99-20 Page 3 K. Nitz was concerned that the District would have an operating cash flow that was negative in the year 2013 and asked if the District could refinance then. M. Foster said it was not necessary. He said that when the 1995 notes came due, they would be refinanced. The tax projections used for the future were conservative. He said these bonds were easy to sell because the District has control over their spending. C. Britton said this financing would push the District's debt service further into the future, and this could be the last borrowing for a number of years. D. Little asked if the District would be in financial distress in the year 2012 if the bond rates became unfavorable and tax revenues dropped. M. Foster said he did not think so. T. Lockard noted that this is much like the prior two transactions in that they are giving the District the flexibility to restructure ten years out if there is a recession. C. Britton distributed charts showing which properties the District would lease, and noted that 9,000 acres were leased. T. Lockard and C. Fowler answered questions regarding the possibility of exceeding the debt limit. C. Fowler explained that to the extent that they are doing refinancing, until the first call date people are holding Midpeninsula debt. They have put U. S. Government securities in escrow to pay the debt. He said that a conservative insurance company has guaranteed the principal and interest. M. Foster said he would calculate what the percentage of debt would be on the first twenty years if lease financing counted. K. Nitz asked that they improve the wording regarding minimizing administrative costs on page 25 of the Preliminary Official Statement. T. Lockard explained why the August 1 date was used and said that typographical errors had been fixed. He said the objective of the bonds was to produce $15 million in new funds for the District. However, that figure might have to be trimmed to $14.5 million because of current interest rates. T. Lockard said there would be no "blue sky" fees because they will not sell the bonds outside the state of California. He explained the difference between promissory notes and revenue bonds. C. Fowler talked about the abatement risk assumed by bond insurers. T. Lockard said they could not lock interest rates in as they need to have time to market the issue. He outlined the process that would be taking place. Motion: P. Siemens moved that the Board confirm that two public hearings were held by the Board of Directors of the Midpeninsula Regional Open Space District, one on Tuesday, July 27, 1999, at the Town of Portola Valley's Town Hall, 65 Portola Road, Room $, and one on Wednesday, August 11, 1999, at the District's Administrative Office at 330 Distel Circle, Los Altos, as required for approval of Meeting 99-20 Page 4 financing and adoption of findings pursuant to Government code Section 6586.5; adopt Resolution No. 99-27, A Resolution Approving the Issuance of the Midpeninsula Regional Open Space District Financing Authority 1999 Revenue Bonds, Second Issue, and the Issuance of Such Bonds; adopt Resolution No. 99-28, A Resolution Authorizing the Execution and Delivery of a Site Lease, a Project Lease, a Local Obligation Purchase Contract and a Continuing Disclosure Agreement and Approving a Preliminary Official Statement and an Agreement for Bond Counsel Services and Certain Other Matters in Connection Therewith; and adopt Resolution No. 99-29, A Resolution Authorizing the Issuance of the Midpeninsula Regional Open Space District 1999 Promissory Notes in a Principal Amount Not to Exceed $8,000,000 and Providing for the Form, Execution and Repayment of Said Notes. D. Little seconded the motion. The motion passed 7 to 0. At 8:25 P.M., J. Cyr adjourned to the meeting of the Midpeninsula Regional Open Space Financing Authority. At 8:35 P.M. J. Cyr reconvened the Midpeninsula Regional Open Space District meeting. RECESS: 8:35-8:40 P.M. C. Agenda Item No. 3 - Approval of License Agreement With Residents of Sheldon Road for District to Use and Manage a Public Trail Across a Portion of Sheldon Road at El Sereno Open Space Preserve; Determining That the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Authorization for the President of the Board of Directors to Sign the License Agreement for District to Manage Trail Access Across a Portion of Sheldon Road and Any Required Certificate of Acceptance with the Residents of Sheldon Road as Listed by Assessor's Parcel Numbers-, and Tentative Adoption of the Preliminary Use and Management Plan - (Report R-99-113). C. Britton introduced Gibson Anderson, and talked about the history of the agreement and how Mr. Anderson worked to prove public right to use the trail. He said staff have been trying to work this out for about ten years. D. Woods showed the location of Sheldon Road in relation to the preserve and outlined the key points in the agreement. S. Schectman added that it was important to note that the indemnity agreement is limited solely to incidents caused by the physical condition of the road. She said it was important for users to know that if they do not honor the terms and conditions of the license, it is revocable. She said C. Britton had worked had to get all property owners to sign, and they hoped they could get everyone to sign. C. Britton noted that there were four who had not yet signed. In reference to trail immunities, he said staff are concerned that remains in good repair. Staff will do an inspection. He said the District's share for resurfacing the road was $3,000. Meeting 99-20 Page 5 Regarding equestrian use of El Serena, D. Woods said there were very few these days. N. Hanko asked if there would be signs at the beginning of Sheldon Road to make sure equestrians do not go there. D. Woods said a stile and sign program would be worked out with the residents. P. Siemens expressed concern about problems with paved trails. S. Schectman said the trail immunity still applies but is qualified. P. Siemens expressed the opinion that the District's stepping in is to the benefit of the property owners. C. Britton said that once the agreement is executed and recorded, it is incumbent on the District to stress to users that they need to be a party to this. Motion: D. Little 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; authorize the President of the Board of Directors to sign the License Agreement for District to manage trail access across a portion of Sheldon road; as amended to include the phrase suggested by District Legal Counsel (see below); and any required Certificate of Acceptance with the residents of Sheldon Road as listed by Assessor's Parcel Numbers; and tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report. N. Hanko seconded the motion. Discussion: Anne Johnson, 16905 Sheldon Road, Los Gatos, said she wanted to make the Board aware that not everyone had signed the agreement. There are several issues of concern, including property owner liability and long-term property rights. She said she hoped the District would work with them to resolve these issues. She did not support rude and abusive behavior exhibited by some cyclists. She said the agreement does indemnify them for the road portion. Jeff Johnson talked about parking at the end of the Sheldon Road cul-de-sac. He said there is no room to turn around, and he was afraid parking would become more of an issue. S. Schectman addressed the legal issues. She said the General Manager's recommendation should be amended to add the phrase, "...and further authorize the President of the Board of Directors, subject to the approval of the General Manager and General Counsel, to approve minor revisions to the attached license agreement which do not make substantive changes." P Siemens was concerned about the no parking issue, and said it seemed reasonable for the District to install signs stating resident parking only. S. Schectman said the District has no authority to enforce such signs. She would research the matter. Meeting 99-20 Page 6 F. Mark Payne, 16900 Sheldon Road, expressed concern with indemnity. S. Schectman confirmed that the lawsuit would be dismissed upon execution of the agreement.. C. Britton said it would go back to arbitration if the agreement does not work out. Vote: The motion passed 7 to 0. Gibson Anderson expressed appreciation for the work of the District through the years. D. Agenda Item No. 4 — Approval of Amendment to Settlement Agreement and Related Implementing Agreements for Proposed Acquisition of Prol2eLty of the Russian Convent of Our Lady of Vladimir, Inc. Creating the Mills Creek Open Space Preserve, and Authorization for the President of the Board of Directors, Subject to the Approval of the General Manager and General Counsel, to Approve Minor Revisions to the Settlement and General Release Agreement and Related Implementing Agreements That May be Necessitated by the Land Use Regulatory Requirements of San Mateo County and Which do not Involve Any Substantial Change to the June 21, 1999 Partial Site Plan for the Convent Project — (Report R- 99-114). S. Schectman said that she was available to answer questions about legal issues. D. Woods presented the staff report, including four revisions. He said the realignment would have no effect on the wildlife corridor. In regard to parking, Don Wolfe, a planner representing the Convent, said that some people would walk and some would use a shuttle. He said the purpose of the extra residence at this time is to house nuns when they can no longer live in the convent, or to house a caretaker. He stressed that use of the residence is as an accessory to the convent; it cannot be sold nor subdivided. D. Woods said the Ridge Trail was not incorporated into the project. Regarding the need or requirement by the County for additional landscaping with buildings being moved closer to Skyline, D Woods said it would be easy to screen. The new location does not change the visual impacts from existing open space or adjacent properties. He said the new plan calls for all the same provisions as the old one. He said the changes did not raise any concerns with staff. The views from Skyline will be mitigated. S. Schectman said there was no change in the provisions regarding the outbuildings. Motion: D. Little moved that the Board adopt Resolution No. 99-30, A Resolution Approving Amendment to Settlement and General Release Agreement and Implementing Agreements, Authorizing Officer to Execute Certificate of Acceptance and Other Documents, and Authorizing General Manager and Board President to Execute Any and All Other Documents Necessary or Appropriate to Meeting 99-20 Page 7 Implement the Amendment (Mills Creek Open Space Preserve — Lands of Russian Convent of Our Lady of Vladimir, Inc.); and Authorize the President of the Board of Directors, subject to the approval of the General Manager and General Counsel, to approve minor revisions to the Settlement and General Release Agreement and related Implementing Agreements that may be necessitated by the land use regulatory requirements of San Mateo County, and which do not involve any substantial change to the June 21, 1999, Partial Site Plan for the Convent Project. P. Siemens seconded the motion. The motion passed 6 to 0. Dir. Davey abstained. D. Wolfe commended staff for working so professionally and cooperatively with the consulting team. VIII. INFORMATIONAL REPORTS N. Hanko: She reminded Boardmembers of the farm tour on the coast, and said that she thought it was important to get as much information as they can from the people on the coast. She referred to newspaper clippings from the Half Moon Bay Review. P. Siemens reported on a meeting of the Santa Clara County Special Districts Association where they discussed what to do next with respect to joining LAFCO. M. Davey: 1. She, C. Britton, and B. Crowder met with Clifford Janoff, Executive Director of Bay Area Ridge Trail, and Doug Kersey, President of Bay Area Ridge Trail Council. M. de Beauvieres and M. Smith attended and made a presentation. They discussed potential new links along Skyline and the Ridge Trail and what has been accomplished so far. She said it was an encouraging meeting. 2. About 150 people attended the fourth forum on Stanford land. The forum was on land use and the academic future of Stanford. Stanford wants flexibility for academic and other uses. At the next meeting, the Community Resource Group will discuss what they will recommend to county planning and the university. B. Crowder 1. She used to be a member of the San Mateo County Ridge Trail group and had attended a meeting. 2. She talked about her vacation to Mont Blanc. 3. She talked about the controlled burn. 4. Portola Valley is having a barbecue in September as a fund- raiser for conservation and preservation, and she had been invited as the honoree. K. Nitz recommended a tape regarding power speaking. D. Little: 1. He attended the controlled burn and was impressed b the professionalism of P Y crews. 2. He is continuing to hike District land and said he thought we had a severe problem with yellow star thistle. He thought we needed to be thinking in terms of a long term management policy. 3. He recommended a book called Tales of the Shaman's Apprentice b Mark Plotkin. PP Y J. Cyr: 1. He commented regarding Stanford, noting that private institutions are in the process of having to deal with public input. 2. He went on record in appreciation of the t Meeting 99-20 Page 8 preparation work done by all staff for the bum, especially M. Smith and Public Relations. He suggested inviting all fire units within the District to at least observe. 3. He talked about the parties celebrating the Bear Creek Redwoods acquisition, both the staff party and the one with the neighbors. 4. He reminded members of the staff recognition event on August 19. 5. He described his experiences while on bicycle patrol with Brian Malone. He was impressed with ranger professionalism. 6. J. Nicholas had showed him Bear Creek, and he rode with M. Newbum. C. Britton: 1. He also talked about the staff picnic July 30 on the Bear Creek site, and the other party given by the neighbors on August 1. 2. He talked about the Coastal Advisory Committee tour of District lands and the presentations by staff. 3. He announced that Susan Dale was resigning on September 15 and was getting married. He talked about job description changes including a change in job title. 4. Jay Thorwaldson had loaned him an August 1890 magazine describing Yosemite, which was available for review. 5. He attended an open house which included a tour of the new Santa Clara Valley Water District office building. 6. There will be a Town Hall meeting with Byron Sher in Los Altos on August 14. 7. He had an invitation from he Martinez Regional Land Trust for an event on September 18. 8. He had the Kent and Associates material requested by Board Members. 9. The FYIs included a letter from him regarding airport expansion. He advised the Board that the issue is heating up. There are hearings occurring and staff will probably come to the Board with a resolution. 10. Also in the FYIs was a memo from Paul Romero of Santa Clara County regarding the Bear Creek Redwoods acquisition. 11. There was a letter from Rich Gordon responding to Ken Johnson's proposal regarding formation of another open space district on the coast side. 12. Tom Lockard placed an ad in the Mercury News regarding the note issue. 13. He and M. Smith met with Sen. Sher. In that meeting they got a commitment of $2-3 million from the Coastal Conservancy for the Bear Creek Redwoods. 14. He had talked to Denise Dade of the Committee for Green Foothills regarding Stanford. He assumed she would be coming to the Board asking for a resolution and thought the District needed to be prepared to take a strong stand. M. Smith: 1. He talked about the tour of the coastal area Saturday. 2. He showed Board Members how to use the mute buttons on the new microphones. D. Dolan said everyone should have received invitations for the October 19, 5:30 P.M. staff recognition event. J. Escobar said the Deer Hollow Farm annual recognition dinner would be October 3 at 4:00 P.M., IX. ADJOURNMENT At 10:55 P.M. the meeting was adjourned. Roberta Wolfe Recording Secretary MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY SPECIAL AND REGULAR MEETING GOVERNING BOARD AUGUST 11, 1999 MINUTES 1. ROLL CALL The meeting was called to order at 8:26 p.m. Members Present: Chair Jed Cyr, Ken Nitz, Pete Siemens, and Betsy Crowder. Members Absent: Santa Clara County Supervisor Joe Simitian. Staff Present: Executive Director Craig Britton. II. ADOPTION OF AGENDA Motion: B. Crowder moved that the Authority adopt the agenda. K. Nitz seconded the motion. The motion passed 4 to 0. 111. ORAL COMMUNICATIONS —None. IV. NEW BUSINESS A. Agenda Item No. 1 -Approval of Issuance of Up to $30 Million of Midpeninsula Regional Open Space District Financing Authority 1999 Revenue Bonds (Second Issue); Authorization for Executive Director to Execute the Bond Purchase Contract with Stone& Youngberg LLC,the Agreement for Bond Counsel Services with Orrick, Herrin on& Sutcliffe, and Other Agreements Required for Bond Issuance—(Report R- 99-01). C. Britton handed out the amended bond purchase contract. Tom Lockard, principal with Stone& Youngberg,the District's underwriter, noted that the principal change is the addition of notes. S. Schectman noted that the Financing Authority was approving all documents the District approved with the addition of the Trust Agreement. Motion: K.Nitz moved that the Authority adopt Resolution No. 99-01, A Resolution of the Midpeninsula Regional Open Space District Financing Authority Authorizing the Issuance, Sale and Delivery of Not to Exceed$30,000,000 Midpeninsula Regional Open Space District Financing Authority 1999 Revenue Bonds(Second Issue);Authorizing the Execution and Delivery of a Site Lease, a Project Lease, a Trust Agreement in Connection Therewith and Authorizing the Execution and Delivery of an Official Statement, a Bond Purchase Contract,a Local Obligation Purchase Contract, a Preliminary Official Statement,a Continuing Disclosure Agreement Relating to Such Bonds, an Agreement for Bond Counsel Services,and Taking Certain Other Actions in Connection Therewith. P. Siemens seconded the motion. Discussion: Board members expressed appreciation for the efforts of staff, bond counsel, and the underwriter. Vote: The motion passed 7 to 0. V. ADJOURNMENT At 8:35 P.M.,the meeting was adjourned. Roberta Wolfe Recording Secretary