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HomeMy Public PortalAbout19890927 - Minutes - Board of Directors (BOD) Meeting 19-25 40 V 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C.SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 REGULAR MEETING BOARD OF DIRECTORS SEPTEMBER 27 , 1989 MINUTES I . ROLL CALL President Gerry Andeen called the meeting to order at 7 : 32 P.M. Members Present: Gerry Andeen, Richard Bishop, Katherine Duffy, Nonette Hanko, Robert McKibbin, and Teena Henshaw. Member Absent: Edward Shelley. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Del Woods , John Escobar, Carleen Bruins , David Topley, and Joan Combs . II . WRITTEN COMMUNICATIONS J . Combs stated that the Board had received the following written communications : 1) a letter from Rick Hawley, 1805 Fallbrook Avenue, San Jose, regarding potential residential development of "Devils Canyon" in San Mateo County; 2) a letter, dated September 5 , 1989 , from Cornell Scanlon, 844 Santa Paula Avenue , Sunnyvale , pertaining to the draft trail use policies and guidelines , particularly concerning bicyclists on District preserves; 3) a letter, dated September 5, 1989 , from Jobst Brandt , 351 Middlefield Road, Palo Alto, regarding horses at Purisima Creek Redwoods Open Space Preserve; and 4) a letter, dated September 13 , 1989 , from Linda Tatsuno, 993 Selby Lane , San Jose, regarding potential residential development of "Devils Canyon" in San Mateo County. J. Combs said that draft responses prepared by staff for Board consideration were attached to the letters . Herbert Grench,General Manager,•Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Gerry Andean,Richard Bishop Meeting 89-25 Page two G. Andeen said that he had received a letter from Barbara Green, representing the Santa Clara County Parks and Recreation Commission, inviting the District Board to a meeting on November 4 . G. Andeen said that the item would be on the agenda of the next meeting. G. Andeen stated that the draft responses to the letters were approved by Board consensus . III . ORAL COMMUNICATIONS G. Andeen introduced Hal Louchheim and Joseph Eckerle, noting that they had expressed interest in the possibility of filling G. Andeen ' s seat on the Board after his retirement from the Board of Directors . IV. ADOPTION OF AGENDA H. Grench asked that a personnel matter be considered in Closed Session, noting that it had been inadvertently omitted from the agenda. G. Andeen stated that the agenda as modified was adopted by Board consensus . V. BOARD BUSINESS A. Proposed Transfer of Costanoan Way Open Space Preserve to the County of Santa Clara (Report R-89-143 of September 21 , 1989) C. Britton noted that the District had acquired the parcel by gift from the Saratoga Union School District in 1975 . He said that the county is in the process of acquiring the former Berger and Bishop properties from Peninsula Open Space Trust as additions to Sanborn- Skyline County Park and has proposed combining public park and open space land in the area west of Highway 9 under county management and operations . He said that since the District ' s property is dedicated under Section 5540 . 6 of the Public Resources Code , it will automatically revert to the District if no longer used by the county for parks , recreation, and open space purposes . He said that the transfer is contingent upon the county' s closing escrow on the purchase of the POST parcels . Motion: N. Hanko moved that the Board .adopt Resolution 89-49 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving an Agreement to Transfer Property and Authorizing Officer to Execute a Quitclaim Deed in Favor of the County of Santa Clara and Authorizing General Manager to Execute Any and All Other Meeting 89-2 Page three Documents Necessary or Appropriate to Closing the Transaction (Costanoan Way Open Space Preserve) . T. Henshaw seconded the motion. The motion passed 6 to 0 . B . Adoption of the Updated Property Owner List Relating to Closed Session Discussion of Property Negotiations (Report R-89-142 of September 20, 1989) C . Britton reviewed the policy relating to Brown Act implementation, which includes adoption of an updated property owner list during the third calendar quarter of each year . He said that the first of the required annual updates of the property owner list was distributed at the meeting and available for review at the District office . He said that the request for a change to a fourth quarter adoption of the updated list would assure the availability of current microfisch information. Motion: N. Hanko moved that the Board adopt the updated property owner list as presented in accordance with the Policy Relating to Sections of the Brown Act Relating to Closed Session Discussions of Property Negotiations . R. Bishop seconded the motion. The motion passed 6 to 0 . Motion: N. Hanko moved that the Board amend Section 5 of the Policy relating to Sections of the Brown Act Relating to Closed Session Discussions of Property Negotiations to read "The Board shall adopt an updated list during the fourth calendar quarter of each year . " R. Bishop seconded the motion. Discussion: G. Andeen said that he felt it was premature to adopt the amendment to Section 5 at this time as there may be unknown implications and there had not been time for adequate discussion. R. Bishop said that he supported the motion, as the amendment was merely a procedural matter. N. Hanko concurred. The motion passed 5 to I on the following vote : Yes: N. Hanko, R. Bishop, K. Duffy, T. Henshaw, and R. McKibbin. No• G. Andeen. C. Rejection of Bid for Picchetti Ranch (Report R-89-141 of September 21 , 1989) D. Hansen said that a number of grants had been awarded to implement the restoration of the historic structures at the Picchetti Ranch Area, including a Proposition 18 Meeting 89-25 Page four ft 00 grant for $100, 000 and a $64 , 000 grant from Santa Clara County. C . Bruins reviewed the bidding process and said that the only bid submitted was from Fulwiler James, Inc . in the amount of $482 , 819 , noting that the insurance bond requirement was beyond the means of many small contractors . She said that the winery and farmhouse were to have been funded by the Proposition 18 grant funds and the fermentation building by the county grant . She said that because of the large discrepancy between the cost estimates and available grant funding, the architect had been asked to re-evaluate the cost estimate for the winery only, and that the revised estimate of $128 , 000 still exceeds available funds of $85, 000 . She said that the original estimates the District had used did not include structural engineering and labor costs . She noted that the farmhouse restoration was an alternate bid item that would be eliminated if the bid was higher than available funds . She said that the fermentation building restoration is the responsibility of Ronald Stortz . She stated that staff would like to negotiate a contract for the winery restoration on a time and materials basis , noting that the deadline for completing the grant project is December 31 , 1989 . In response to a question from K. Duffy, D. Hansen said that much of the delay in implementing the restoration was caused by combining the two grant projects . Discussion centered on the necessity of requiring an insurance bond. D. Woods said that many small contractors do not have the assets to provide such a bond, and noted that such a bond is necessary to protect the District. Ronald Stortz said that he supported the time and materials approach to the restoration project for the fermentation building. In response to a question from G. Andeen, D. Hansen said that the architect will essentially manage the project, and staff will monitor the progress . He said that $15, 000 of the State grant has already been spent on plans for the winery and farmhouse. T. Henshaw stated that she would be voting in favor of the motion, but said that she hoped the next such project could be completed in a more timely manner. Motion: K. Duffy moved that the Board reject the bid of $482 , 819 submitted by Fulwiler James , Inc . of Moss Beach, California, and authorize Meeting 89-25 00 00 Page five staff to negotiate a contract on a time and materials basis . N. Hanko seconded the motion. The motion passed 6 to 0 . D. Acceptance of Bid for Purchase of Utility Vehicle (Report R-89-139 of September 22 , 1989) D. Topley said that staff had requested bids from five vendors for the utility vehicle, and had received three bids . He added that the lowest bid received was from Smythe Buick/GMC for $20 , 169 . 14. Motion: N. Hanko moved that the Board authorize the General Manager to award a purchase contract to Smythe Buick/GMC of Santa Clara for a 1990 GMC suburban at a total cost of $20 , 169 . 14 . R. McKibbin seconded the motion. The motion passed 6 to 0 . E . Final Adoption of the Cook et al . Property Easement Addition to Kennedy-Limekiln Area of Sierra Azul Open Space Preserve (Report R-89-140 of September 20 , 1989) D. Hansen said that while no specific use and management items other than naming and dedication were recommended, staff had deemed a second reading advisable to allow for public input . H. Grench said that the Board ' s action on this item would indicate concurrence that District staff is not expected to monitor this easement . R. Bishop said that he thought the town' s responsibility to monitor the property should be explicitly stated in writing. C. Britton said that the recorded document clearly stated the town' s responsibility. Motion: N. Hanko moved that the Board indicate its intention to dedicate the easement interest in the property, and name the property as an addition to the Kennedy-Limekiln Area of Sierra Azul Open Space Preserve . R. McKibbin seconded the motion. The motion passed 6 to 0 . VI . INFORMATIONAL REPORTS D. Hansen announced that John Escobar had been appointed to fill the vacant operations supervisor position. C. Britton reported that settlement discussions regarding the road alignment on St. Joseph' s Hill have failed and the issue is now in the courts . He also reported that the Alma College property had been sold. Meeting 89-25 Page six H. Grench reported that an invitation for a meeting with the Board had been received from San Mateo County Parks and Recreation Commission and Planning Commission for November 2 . He said that as only four of the Board members could attend on that date, Thursday, December 7 , at 2: 30 p.m. had been suggested as an alternate date . T. Henshaw indicated that she would be unable to attend. The other five Board members present stated that they would be able to attend, and H. Grench said he would pass the word to the county that December 7 would be the better date. H. Grench said that he had represented the District at the Coyote Point groundbreaking for a new wildlife center. K. Duffy said that the staff recognition party will be held at Picchetti in the winery building on October 26 . VII . CLAIMS Motion: R. McKibbin moved that the Board approve the Revised Claims 89-19 . T. Henshaw seconded the motion. The motion passed 6 to 0 . VIII .CLOSED SESSION The Board recessed to Closed session on land negotiation and personnel matters at 8 : 40 P .M. S . Norton announced that no litigation matters were scheduled to be discussed in Closed Session. IX. ADJOURNMENT The Board reconvened to adjourn the meeting at 9 : 40 P .M. Joan Combs Secretary