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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
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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
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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 .
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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
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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 .
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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 .
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J. Escobar stated there were two jogging accidents on October 8 and a
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minor equestrian accident at Fremont Older Open Space Preserve .
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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 .
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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