HomeMy Public PortalAbout20031022 - Minutes - Board of Directors (BOD) Regional Open Space
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
i Glik i E INc, W YFAIZS OF (MIEN SPACY. PiU..SERVATION
Meeting 03-24
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
October 22, 2003
MINUTES
SPECIAL MEETING
I. ROLL CALL
President Nonette Hanko called the meeting to order at 6:07 p.m.
Members Present: Jed Cyr, Mary Davey, Larry Hassett, Deane Little, Ken Nitz,
Pete Siemens, and Nonette Hanko
Members Absent: None
Staff Present: Craig Britton, Sue Schectman, Sally Thielfoldt, Mike Williams,
Del Woods, John Maciel, Cathy Woodbury
II. CLOSED SESSION
N. Hanko stated that the Board would adjourn to Closed Session to discuss Closed
Session Agenda Items 1, 2, and 3.
The Board recessed to Closed Session at 6:08 p.m. and the Closed Session commenced at
6:08 p.m. The Board concluded the Closed Session at 7:30 p.m. No reportable action
was taken.
REGULAR MEETING
III. N. Hanko called the Regular Meeting to order at 7:33 p.m. She announced that the
Board had discussed Closed Session Agenda Items 1, 2, and 3 in Closed Session and that
no reportable actions had taken place.
Additional Staff Present: Mike Foster, Doug Vu, Ana Ruiz, Dennis Danielson, and
Sandy Sommer
330 Distel Circle 650-691-72oo info@openspace.org BOARD OF DIRLCTORS Pete Siernens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Las Altos CA 9 022-1404 650-6gi-0485 fax www,openspace,org Deone td0c,Nanette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton
Meeting 03-24 Page 2
IV. ORAL COMMUNICATIONS-There were none.
V. ADOPTION OF AGENDA
Motion: J. Cyr moved that the Board adopt the agenda. L. Hassett seconded and
the motion passed 7 to 0.
V1. ADOPTION OF CONSENT CALENDAR
Staff answered questions regarding Claims 6653 (stove at Thornewood residence), 6645
(stump grinder at tree farm), and 6615 (phone went out).
N. Hanko advised that the Board should consider the revised response to Mr.
Morgenthaler, not the one included in their packets.
K. Nitz removed Agenda Item 5, Approve the Preliminary Use and Management Plan
for the Lion "Redwood Park" Property Addition to Purisima Creek Open Space Preserve.
Motion: P. Siemens moved that the Board adopt the Consent Calendar, including
minutes of the October 9, 2003 Regular Meeting; draft response to an
email message from garym@morgenthaler.com; Agenda Item 6,
Scheduling Board Meetings in November and December 2003; Cancel
Your November 26, 2003 Regular Meeting; and Revised Claims 03-17.
J. Cyr seconded the motion. The motion passed 7 to 0.
VIL BOARD BUSINESS
A. Agenda Item No. 1 - Appointment of Thomas Valterria as a Peace Officer-,
Adopt the Attached Resolution for Board Appointment of Thomas Valterria as
Peace Officer- (Report R-03-108).
D. Danielson introduced Thomas Valterria and talked about his previous
experience and qualifications. He presented him with his peace officer badge.
Motion: J. Cyr moved that the Board adopt Resolution No. 03-37,
Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Appointing Peace Officer. M. Davey
seconded the motion. The motion passed 7 to 0.
B. Agenda Item No. 2A - Public Hearing Pursuant to Government Code Section
6586.5 on the Proposed 2004 Revenue Bond Financing by the Midpeninsula
Regional Open Space District Financing Authority and the Significant Public
Benefit Thereof- (Report R-03-1 10).
C. Britton introduced the item.
Meeting 03-24 Page 3
N. Hanko opened the public hearing.
Tom Lockard, Managing Director of Stone & Youngberg, underwriter, talked
about the savings from using this financing technique, including lower interest
rates and cash flow savings. He said he believed that the staff report clearly
showed the savings. He noted that the money could only be spent for property in
Santa Clara or San Mateo Counties. Discussion following about how the money
would be separated from other funds. S. Schectman said the District could
designate which funds are spent.
C. Britton stated that the prior bond funds have been spent. He said if the District
does buy property in a county other than Santa Clara or San Mateo, there would
be a note included in the report and the resolution that these bond funds were not
used.
N. Hanko closed the public hearing.
C. Agenda Item No. 2B - Issuance of 2004 Revenue Bonds; Adopt the Attached
Resolution Approving the Issuance and Sale by the Midpeninsula Regional Open
Space District Financing Authority of up to $35 Million of Midpeninsula
Regional Open Space District Financing Authority 2004 Revenue Bonds and
Determining that there are Significant Public Benefits to the District from such
Financing in Santa Clara County; Adopt the Attached Resolution Approving the
Issuance and Sale by the Midpeninsula Regional Open Space District Financing
Authority of up to $35 Million of Midpeninsula Regional Open Space District
Financing Authority 2004 Revenue Bonds and Determining that there are
Significant Public Benefits to the District from such Financing in San Mateo
County, Adopt the Attached Resolution Authorizing the Execution and Delivery
of a Site Lease, a Project Lease 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 — (Report R-03-
III).
M. Foster summarized his report. He said the District will probably be required
to get a rating from Moody's or Standard and Poors. The District has already
applied to Standard and Poors. There will be an additional cost of a few
thousand dollars for this service. He said there was no reason to expect that the
District would not receive an A rating as it has in the past.
Regarding how the District chooses the amount of bonds to sell, M. Foster said
the question was which notes can the District refinance and which make sense to
refinance. At this time, the 1993 and 1995 notes made sense to refinance. It is
the District's expectation that the proceeds of the new issue will be spent within
three years. District staff thought $10 million was the most realistic amount to
include in the funding measure for new acquisition funds.
Meeting 03-24 Page 4
Regarding where the funds are coming from when the District buys land, M.
Foster said the District can apply past years land acquisition costs to the $10
million in new funds.
When asked if there was a break-even point if the coupon rate goes up, M. Foster
stated that the District could back out. Pricing takes place in December, and it
might be as much as a full percentage point difference.
Amira Jackmon, Orrick, Herrington & Sutcliffe, LLP, Bond Counsel, detailed the
three resolutions.
Motion: M. Davey moved that the Board adopt Resolution No. 03-38,
Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Approving the Issuance by the Midpeninsula
Regional Open Space District Financing Authority of its 2004
Revenue Bonds, and Determining that There Are Significant
Public Benefits to the District From Such Financing in Santa Clara
County; Resolution No. 03-39, Resolution of the Board of
Directors of the Midpeninsula Regional Open Space District
Approving the Issuance by the Midpeninsula Regional Open Space
District Financing Authority of its 2004 Revenue Bonds, and
Determining that There Are Significant Public Benefits to the
District From Such Financing in San Mateo County; and
Resolution No. 03-40, 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 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. J. Cyr
seconded the motion.
Discussion: K. Nitz asked if we have determined which lands we are leasing
out, and are those different from those lands we have previously
leased. M. Foster said all the properties that were previously
pledged in 1993 and 1995 that are being refinanced are being
repledged on this one. M. Williams said there were approximately
3,500 acres in Sierra Azul that were leased before. C. Britton
added that several parcels the District has acquired lately that have
high value will be included in the lease based on appraised value.
Vote: The motion passed 7 to 0.
At 8:07 p.m., the Board adjourned the Regular Meeting to convene a Special Meeting of the
Midpeninsula Regional Open Space District Financing Authority.
Meeting 03-24 Page 5
At 8:17 p.m., the Board reconvened the Regular Meeting.
D. Agenda Item No. 3 - Authorization to Execute a Contract with Page &Turnbull
in an Amount Not to Exceed $44,920 for Architectural and Engineerin
Consulting Services for the Seismic Upgrade of the Winery Building at Picchetti
Ranch Open Space Preserve-, Authorize the General Manager to Execute a
Contract with Page & Turnbull in an Amount of$39,062 and a Contingency o
$5,858 for a Total Amount Not to Exceed $44,920 for Architectural and
Engineering Services for the Proposed Seismic Upgrade of the Winery Building
at Picchetti Ranch Open Space Preserve- (Report R-03-105).
D. Vu outlined the staff recommendation and said staff was pleased that Page and
Turnbull will be available to work with the District on this project.
N. Hanko thanked staff for their work in acquiring grants. P. Siemens thanked
staff for doing this even though it was not on the list for this year
Motion: M. Davey moved that the Board authorize the General Manager to
execute a contract with Page & Turnbull in an amount of$39,062
and a contingency of$5,858 for a total amount not to exceed
$44,920 for architectural and engineering services for the proposed
seismic upgrade of the winery building at Picchetti Ranch Open
Space Preserve. P. Siemens seconded the motion.
Discussion: D. Vu informed the Board that Page & Turnbull only do historical
preservation projects. In regard to the total cost of the project, D.
Vu said Page & Turnbull had prepared an estimate of$160,000 a
couple of years ago. They will provide a more up-to-date estimate
in approximately three months. D. Vu said they solicited firms for
qualifications, but there was no competitive bidding. C. Woodbury
added that they compared hourly rates.
Vote: The motion passed 7 to 0.
E. Agenda Item No. 4 - Notice of Contract Completion and Acceptance of Work
for Repairs to Old Page Mill Trail at Skyline Ridge Open Space Preserve,
Authorize the General Manager to Execute the Attached Notice of Contract
Completion for the Old Page Mill Trail Repair Project - (Report R-03-107).
A. Ruiz presented the staff report and showed pictures of the three parts of the
project before, during, and after repair.
J. Cyr commented that he liked the idea of doing slide shows on projects that were
remote. N. Hanko suggested that they do it in the future.
Meeting 03-24 Page 6
Motion: J. Cyr moved that the Board authorize the General Manager to
execute a Notice of Contract Completion for the Old Page Mill
Trail Repair project. P. Siemens seconded the motion.
Discussion: A. Ruiz said they have submitted an application for the FEMA
money. S. Sommer said they would probably submit the
application near the end of the year.
K. Nitz commented that he is never happy about fixing a road that
goes nowhere and no one uses it. He felt it was a waste of money
that needed to be spent on resource management,
C. Britton said this is a regional trail connection to Portola State
Park. They are still planning the rest.
L. Hassett said he thought there would be significant trail
implications in the future and he thought it would have incredible
use. He thought this was money well spent, and if it is not done
now, we will not get FEMA money. He agreed with K. Nitz that
they still need to look for ways to fund additional resource
management funds.
J. Cyr commented that leaving it in its damaged condition could
lead to down stream siltation.
S. Sommer said there is a bridge crossing that is not there yet. The
trail goes into Big Dipper ranch area. The biggest issue is how to
get the bridge there. N. Hanko suggested that might qualify for
grant funding for the replacement of the bridge and the final
connection to Portola State Park.
C. Britton thought District staff would plan for Big Dipper Ranch
and the rest of the connection, then present the package for grant
funding and perhaps through POST. He said this is not only a
historic route, but also a great trail location.
D. Little agreed with K. Nitz regarding the need to fund resource
management. He said it is unfortunate that Silicon Valley does not
have better access to the Skyline area. It would be nice if it were
not so hard to get money for resource management. C Britton said
staff has looked at where all the regional trails coming out of the
valley area, and those were included in the ROSS study.
Vote: The motion passed 6 to 1 (Dir. Nitz voted no).
Meeting 03-24 Page 7
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F. Agenda Item No. 5 - Approve the Preliminary Use and Management Plan for
the Lion "Redwood Park" Property Addition to Purisima Creek Open Space
Preserve - (Report R-03-112).
M. Williams showed the location of the property in relation to Purisima Preserve.
Motion: K. Nitz moved that the Board approve the Preliminary Use and
Management Plan for the Lion "Redwood Park" Property Addition
to Purisima Creek Open Space Preserve. P. Siemens seconded the
motion. The motion passed 7 to 0.
VIII. INFORMATIONAL REPORTS
J. Cyr said he had hiked extensively at Purisima Creek Redwoods and El Corte de
Madera Creek. He had heard wonderful comments about the condition of the trail.
P. Siemens had attended the volunteer recognition event and said it was very well done.
L. Hassett: 1. He had also attended the volunteer recognition event. He talked about the
hike and said he thought the event was terrific. 2. He said the Use and Management
Committee meeting held on site was phenomenal. They got to see first-hand a trail under
construction and have the process fully explained. He said there was substantial value to
having committee meetings on site so staff can understand the Board Members' concerns.
M. Davey said staff did an excellent job on the volunteer recognition event.
K. Nitz: 1. While at Windy Hill, he noticed eucalyptus limbs in front of Sausal Pond. C.
Woodbury said staff is scheduling a safety pruning of those trees. She added that work is
being done on the design work on the deck now. A. Ruiz said staff are finalizing the
design and will be applying to Portola Valley for the permits by the end of the year.
Construction could take place next summer. She said staff would be adding fencing. 2.
There would be a fund raising party tomorrow for the proposed Edgewood Park
interpretive center. 3. He commented on the letters to Robert Zatkin which were in the
FYls. C. Britton said these were final, signed copies of the ones that the Board approved.
D. Little: 1. He said the volunteer event was wonderful. 2. He thanked staff for putting
together the Use and Management Committee meeting. He was pleased with what he
saw with the new trail.
N. Hanko: 1. She met with members of the Palo Alto League of Women Voters. They
are looking at their position on open space and developing a program of new issues. She
talked to them about Stanford trails. 2. She said she met a man who wants to pick up
debris from the plane crash in San Mateo County in which 19 people were killed,
including William Koppel. She said that man and some of his friends would be attending
the October 25 event and they want the District to approve taking the debris to an
aeronautical museum. She thought the District should take a position that this should be
Meeting 03-24 Page 8
a site where we should be careful not to disturb things. She hoped to find relatives of the
19 people who were killed to find out how they would feel about whether the site should
be disturbed. C. Britton informed her that it would be against the District's ordinances to
remove the items. D. Danielson said the Resolution Trail was named after the plane.
Currently there is a sign expressing that the pieces are protected. It is considered a
historical site. He noted that this was the largest plane crash in San Mateo County
history. C. Britton said he thought that the District was honoring the site.
C. Britton: 1. The FYIs included an update on the pig trapping program. 2. An updated
trail closure report was included n the FYIs. 3. The ribbon-cutting ceremony at Jacques
Ridge staging area will be Saturday at 10:00. 4. Saturday is also the date for the San
Francisquito Creek Watershed Council tenth anniversary event. 5. J. Simitian's office
will host a meeting on November 12 to talk about legislative and budget issues for next
year. 6. He and P. Siemens will go to the Santa Clara County Special Districts Meeting
on November 3 regarding the state budget. 7. He distributed copies of Bay Nature
magazine and pointed out an article on Montebello. He said K. Webb had worked with
the editor on the article. 8. He passed out copies of the audit report and talked about the
new process regarding budget adjustments. 9. He met with Council member Breen Kerr
of Los Altos Hills and talked to him about issues including Hidden Villa. He said he
would provide Counc. Kerr with information on Stanford trails. 10. Regarding the
volunteer event, he thanked M. Davey for her kind words at the event. He said Alan
Lindh spoke.
C. Woodbury commented on the Use and Management Committee meeting. A person
who had concerns about the alignment attended the meeting and was pleased with the
information he got.
S. Thielfoldt: 1. She said she enjoyed being at the Use and Management Committee
meeting and was very proud of staff. 2. She had attended an excellent CAJPIA
conference.
D. Danielson talked about staff training with Life Flight helicopters. Sonoma County
brought their helicopters and demonstrated some of their capabilities. The helicopters are
available to the District for emergencies through the sheriff's office.
D. Vu said staff is working hard to get ready for the Jacques Ridge dedication on
Saturday.
IX. ADJOURNMENT
At 9:26 p.m., the meeting was adjourned.
Roberta Wolfe
Recording Secretary