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HomeMy Public PortalAbout19911023 - Minutes - Board of Directors (BOD) Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 91-31 REGULAR MEETING BOARD OF DIRECTORS October 23, 1991 MINUTES I . ROLL CALL President Nonette Hanko called the meeting to order at 7 : 35 p.m. Members Present : Ginny Babbitt, Richard Bishop, Betsy Crowder , Katherine Duffy, Nonette Hanko, Teena Henshaw, Robert McKibbin. Personnel Present : Herbert Grench, Craig Britton, Jean Fiddes , John Escobar, Del Woods , Mary Gundert , Mary Hale , Stanley Norton, and Maryly Dole. II . WRITTEN COMMUNICATIONS M. Dole stated that the Board received a written communication dated September 29 , 1991 from Douglas Thomas, 146 Branbury Drive , Campbell stating that he felt the District was moving toward permanently closing the Jones Trail in Los Gatos and potential closure of other trails to bicyclists . A draft response was attached for Board consideration. After discussion of the response, N. Hanko stated the Board ' s consensus to forward it to Mr. Thomas . N. Hanko stated that she received a letter from San Jose State in response to the letter that the Board sent regarding toxic cleanup at Mt. Umunhum and requested an opportunity to review the letter with staff before preparing a response. N. Hanko referred the Board to two letters in the informational materials : 1) a letter dated October 4 , 1991 from the Woodside Fire Protection District, 3111 Woodside Road, Woodside commending the enthusiastic and professional assistance staff members Patrick Congdon, Matt Ken, Ralph Molica, Steven Covarrubias , and Craig Beckman provided on a wildland fire that occurred off Old La Honda Road on September 25, 1991 , and 2? a letter dated October 12 , 1991 from Katherine M. Vejtasa, 4157 Solana Drive , Palo Alto providing input for the Public Communications Workshop on October 29 , 1991 . III . ORAL COMMUNICATIONS Albert J. Jurafsky, 675 San Martin Place, Los Altos addressed the Board on his feeling that the District ' s current policy regarding allowing dogs on District lands is not equitable and petitioned the Board to reconsider their current policy and open all I R-91-31 Page 2 District preserves to unleashed but controlled dogs . The Board requested that Mr . Jurafsky submit his letter to the Board for future consideration with the appropriate committees . ADOPTION OF AGENDA H. Grench recommended the agenda be changed so that a short closed session could be held to discuss Item 1 (Award of Contract for Remodel of 330 Distel Circle) under Government Code Section 54956 . 9 (b) (1) , potential litigation. The agenda as amended was adopted by Board consensus . IV. CLOSED SESSION The Board adjourned to Closed Session at 8 :00 p.m. The Board reconvened for the public meeting at 8 : 20 p.m. V. BOARD BUSINESS A. Award of Contract for Remodel of 330 Distel Circle (Re orts R-91-122 dated October 15,1991 and R-91-126 dated October 23 , 1991) N. Hanko stated that two reports had been prepared for this item and requested the Board to work from the report dated October 23 , 1991 that contained the results of the October 17 bid opening. Motion: R. Bishop moved that the Board approve and confirm the finding that the bid of E.W. Thorpe, Inc . , was not responsive to the invitation for bids in that it omitted a list of subcontractors , and the omission was material and substantial . R. McKibbin seconded the motion. The motion passed 7 to 0 . S . Norton discussed the responsibility of the District to choose the lowest responsible bidder and provided definitions of lowest responsible bidder . C . Britton discussed the recommendation to award the contract to Roma Construction Corporation. He said that staff and the project architect had checked references , financial statements , and the proposed project time schedule for both Roma Construction Corporation and L. R. Free , Inc . He said that the recommendation to award the contract to Roma Construction Corporation was mainly based on the accurateness of the proposed project time schedule and the slightly lower total bid of Roma Construction Corporation. Dylan Free, estimator for L. R. Free, Inc . , 1340 Tully Road, #304 , San Jose, discussed reasons he felt L. R. Free, Inc . should be awarded the contract for the project . The two R-91-31 Page 3 primary reasons he stated were the time savings of four weeks construction time proposed by L. R. Free , Inc . and that the heating, ventilating, and air-conditioning system was not going to present an issue according to the subcontractor that had been chosen by L. R. Free , Inc . . Andrew Scoggin, legal counsel for Roma Construction, 216 Park Road, Burlingame stated that Roma concurred with the staff report and felt the construction timing question was the essential issue. Eric Raff , vice president of operations for Roma Construction, 3521 Leonard Ct. , Santa Clara, stated he felt Roma was the lowest responsible bidder and that Roma recognized that the heating, ventilating, and air-conditioning system was a long lead-time item and they had taken that into consideration in their proposed project time schedule . Fernando Iniguez , project manager for Roma Construction, 5 Pinewood Lane , Novato, discussed the submittal process that helps to guarantee the owner and architect that the heating, ventilating, and air- conditioning system ordered is the one that was specified . Motion: R. Bishop moved that the Board accept the lowest responsible bid for completion of the remodel of 330 Distel Circle and ordered that the contract be awarded to Roma Construction Corporation. R. McKibbin seconded the motion. The motion passed 7 to 0 . Motion: R. Bishop moved that the Board approve the increase in the project budget of $63 , 000 for a contingency fund. T. Henshaw seconded the motion. The motion passed 7 to 0 . Motion: N. Hanko moved that the Board authorize the General Manager to sign individual change orders to the base contract with Roma within the approved budget amount . G. Babbitt seconded the motion. The motion passed 7 to 0 . Action Plan Pro Evaluation for 1991-1992 Fiscal Year (Repor.t R-91-119 dated October 81 1991) H. Grench stated that the Action Plan Program Evaluation for 1991-1992 was to be presented orally and in five parts by the department managers . C . Britton, D. Woods , J. Escobar , M. Hale , and J. Fiddes presented their respective and comprehensive program evaluations . H. Grench presented parts of the Public Communications program evaluation in relation to the status of legislation and a part of the General Administration status evaluation in relation to the Strategic Plan for the 1990 ' s . R-91-31 Page 4 The Board accepted staff ' s oral program evaluation for the 1991-1992 fiscal year. Board members complimented staff for the extensive number of projects that the District is working on and the progress that is being made toward the Action Plan goalF . T. Henshaw excused herself from the meeting due to illness . B. Proposed Addition of Jones et al , y_ Propp-_t to a Honda Creek Property Qpenqp ace_ Preserve �(Re ort_ R791-116 dated October 16 , 1991) M. Gundert showed a map of the Jones-Hahn property, which is surrounded by La Honda Creek and El Corte Madera Open Space Preserves and Skyline Boulevard and discussed the desirability of the property due to its location. C . Britton discussed the terms of the proposed acquisition and the negotiations that were involved in acquiring the two five-acre parcels for a total purchase price of $375, 000 . Motion: R. McKibbin moved that the Board adopt Resolution 91-34 , a Resolution of the Board Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (La Honda Creek Open Space Preserve - Lands of Jones et al . ) . G. Babbitt seconded the motion. The motion passed 6 to 0 . Motion: R. McKibbin moved that the Board tentatively adopt the Preliminary Use and Management Plan recommendations , including indicating its intention to dedicate the property as public open space. N. Hanko seconded the motion. The motion passed 6 to 0 . C. Support for Woodside ' s Measure "G" - Advisory Election to Provide Funding Support for Te4g_u_q_ Hjll__Qpen Space Preserve and the Phleger_TX��erty_jRap_qr_t R-91-124 dated October 17, 1991) C . Britton noted that the year the District purchased the Teague Hill Open Space Preserve should be changed to 1988 in the resolution text . Motion: With that change , B . Crowder moved that the Board R-91-31 Page 5 adopt Resolution 91-35, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District supporting and urging voter passage of Measure "G" on the November 5, 1991 Town of Woodside Ballot and committing proceeds of any assessment district formed by the Town toward acquisition of the Phleger property for permanent public open space and recreation enjoyment. G. Babbitt seconded the motion. The motion passed 6 to 0 . D. Status of Las Pulgas CommunityDevelopment�Prqj ct 7 Cif of Menlo Park (R-91-125 dated October 17 ,--1991.)- H. Grench stated that he and C . Britton were still in the process of negotiating with the City of Menlo Park and the District presently has been given a 30 day extension to continue negotiations . He requested discussion of the matter be continued at a later date. N. Hanko stated the Board' s consensus to continue discussion of the Las Pulgas Community Development Project at a date scheduled by the General Manager. E. Final Adoption of the Preliminary _Ind Management� Plan for the Tymes Propertyi tJ to the Cathedral Oaks Area of Sierra Azul Open Space Preserve (R-91-123 dated October 16, 1991) Motion: R. Bishop moved that the Board adopt the Preliminary Use and Management Plan for the Tyrnes Property Addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve, including indicating its intention to withhold the property from dedication as public open space at this time . K. Duffy seconded the motion. The motion passed 6 to 0 . F. Scheduling of Special Meetinas Motion: K. Duffy moved that the Board approve the scheduling of a special meeting for Monday, October 28 , 1991 at 7 : 00 p.m. at the District office for the purpose of holding a closed session personnel matters to discuss the general manager ' s performance goals . R. McKibbin seconded the motion. The motion passed 6 to 0 . I R-91-31 Page 6 Motion: K. Duffy moved that the Board approve the scheduling of a special meeting for Tuesday, November 5 , 1991 from 3 : 00 p.m. to 10 : 00 p.m. at the District office for the purpose of holding a closed session - personnel matters to discuss Board-management relations . R. McKibbin seconded the motion. The motion passed 6 to 0 . VI . INFORMATIONAL REPORTS N. Hanko reported on the District ' s discussions with the City of Palo Alto regarding a Foothills Park perimeter trail and the staff ' s Health and Safety Fair at Pichetti . She shared the State Award for Historic Preservation received by the District for the District ' s historic restoration projects and requested publicity be generated for the award. R. McKibbin stated that he had met with the Santa Clara Trail Support Committee and recommended that the Board direct staff to draft a letter to the Santa Clara County Board of Supervisors urging the county to adopt the Parks and Recreation Commission ' s recommended trail policies . He also stated that the Budget Committee had met earlier in the evening on the open space management budget guidelines and there were no further recommendations at this time. He said the committee would meet again in late December or early January. G. Babbitt reported on the October 19 volunteer project that she and B. Crowder attended. She said that Patrick Congdon led the event at Long Ridge Open Space Preserve and the event was highly educational . H. Grench reported on the Trails Workshop he had participated in in San Luis Obispo, and on the National Recreation and Park Association conference, at which he chaired a panel on Open Space America. He said that the Open Space America conference scheduled for May was still on track and briefed the Board on Open Space America ' s recent activities . I J. Escobar stated there were two jogging accidents on October 8 and a i minor equestrian accident at Fremont Older Open Space Preserve . i VII . CLAIMS Motion: R. Bishop moved that the Board approve Revised Claims 91-19 , dated October 23 , 1991 . R. McKibbin seconded the motion. The motion passed 6 to 0 . R-91-31 Page 7 VIII . CLOSED SESSION S . Norton announced that litigation matters to be discussed in Closed Session fell under Government Code Section 54956 . 9 (b) (1) , potential litigation. The Board adjourned to closed Session at 11 : 35 P .M. Ix. ADJOURNMENT The meeting was adjourned at 12 : 10 A,M- Maryly Dole Recording Secretary