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HomeMy Public PortalAbout20031022 - Minutes - Board of Directors (BOD) Regional Open Space .._ 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 i 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