HomeMy Public PortalAbout19890927 - Minutes - Board of Directors (BOD) Meeting 19-25
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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