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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 96-06
REGULAR AND SPECIAL MEETING
BOARD OF DIRECTORS
March 13, 1996
MINUTES
I. ROLL CALL
President Nonette Hanko called the meeting to order at 6:32 p.m.
Members Present: Peter Siemens, David Smernoff, Nonette Hanko, and Wim de Wit
Members Absent: Mary Davey (arrived at 7:52 p.m.), Betsy Crowder, and Teena
Henshaw
Personnel Present: Craig Britton, Sue Schectman, Jean Fiddes, and Deirdre Dolan
H. CLOSED SESSION
N. Hanko stated that the Board would adjourn to the Special Meeting Closed Session for the
purpose of discussing Closed Session agenda items 1 and 2.
The Board recessed to Closed Session at 6:34 p.m. and the Closed Session commenced at
6:34 p.m. The Board recessed the Special Meeting at 7:30 p.m. and N. Hanko called the
Regular Meeting to Order at 7:35 p.m. She stated that the Board would continue the Closed
Session at the conclusion of the Regular Meeting in order to discuss Closed Session agenda
item 2.
Additional Personnel Present: Mike Williams, Del Woods, John Escobar, Mike Foster,
Malcolm Smith, George Sipel, and Mary de Beauvieres
III. ORAL COMMUNICATIONS
There were no oral communications.
IV. ADOPTION OF AGENDA
Motion: W. de Wit moved that the Board adopt the agenda, including continuation of
Closed Session Item 2 to the end of the meeting. D. Smernoff seconded the
motion. The motion passed 4 to 0.
V. ADOPTION OF CONSENT CALENDAR
P. Siemens requested removal of Written Communications from the Consent Calendar.
Motion: P. Siemens moved that the Board adopt the Consent Calendar as amended,
including the minutes of February 28, 1996 regular meeting; agenda item 9,
Denial of Claim Against the District Filed by William Alexander; and Revised
Claims 96-05. D. Smernoff seconded the motion. The motion passed 4 to 0.
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330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail:mrosd®netcom.com
Board of Directors:Pete Siemens,Mary C_Davey,Teena Henshaw, David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit
General Manager:L.Craig Britton
Meeting 96-06 Page 2
VI. WRITTEN COMMUNICATIONS
Motion: P. Siemens moved that the Board approve the responses to written
communications from Mr. and Mrs. Steve Stuckey, 22600 Prospect Road,
Saratoga; Louis Mendelowitz, 800 Lathrop Drive, Stanford, with the fourth
sentence amended to read, "When making decisions about trail use, we
consider various factors, such as safety, trail characteristics, congestion,
frequency of conflicts, and erosion"; and David and Karen Luke, via E-mail:
<David Luke,@3mafl.3Com.COM. D. Smernoff seconded the motion. The
motion passed 4 to 0.
VII. BOARD BUSINESS
A. Agenda Item No, I - Suogrt of California Trail Days !April 27 and 21, an
National Trail Day (June 1) - (Report R-96:26)
C. Britton referred to the staff report and noted that Tony Look had organized the
original trail day.
Tony Look outlined the history of the event which began in 1969. He said that last
year 6,000 people, sponsored by 160 agencies, took part in California Trail Days.
In 1993 National Trail Days began and in 1995 over a million people were out on
trails for the event. He distributed flyers advertising Trail Awareness Day which will
be observed along with Trail Days. A photo contest is part of the event.
W. de Wit recalled taking part in the first or second trail day with his children.
N. Hanko expressed appreciation for Mr. Look's dedication to Trails Days,
Sempervirens Fund and other achievements. Mr. Look showed the patch for this
Year's trail days and said some people have all 26 patches.
Motion: W. de Wit moved that the Board adopt Resolution 96-11, a Resolution
of the Board of Directors of the Midpeninsula Regional Open Space
District Endorsing and Supporting California Trail Days and National
Trail Day. D. Smernoff seconded the motion. The motion passed 4 to
0.
B. Agenda Item No. 2 - Proposed Acceptance of an Open Space Easement as
Consideration for Entering into an Option Agreement with Jonathan and Roberta
Parmer for the Sale of Surplus Thgmewood Q= S2= Preserve Lot at Cost o
$350.000 and Determination the Recommended Action is Categorically Exempt Under
California Environmental Quality Act - (RO= R-96-25
M. Davey arrived at 7:52 p.m.
M. Williams showed the location of the Thornewood Preserve, the proposed surplus
lot, the proposed open space easement, and existing improved properties on Old La
Honda Road on a map. He said the proposed surplus property is not connected
directly to the Thornewood Preserve and that it is also surrounded by improved
private property.
Meeting 96-06 Page 3
In regard to the agreement, M. Williams stated that it is a three-party transaction
involving the Parmers, the Cooks and the District. He said the Cooks are granting
the District an open space easement over approximately 2.6 acres which buffers
Dennis Martin Creek and Trail. The easement is consideration for entering into an
option agreement with the Parmers. If the Parmers do not exercise the option
agreement, the Cooks have the right to exercise it. He said the purchase price is
$350,000, which is full market value, noting that the optionee is responsible for
percolation tests, site development, geologic tests, or hookup to the private water
company in the area.
D. Woods presented portions of the staff report which included an historical
perspective of the property. D. Woods and C. Britton showed on maps the planned
alignment for the Ridge Trail which by-passes the property.
M. Williams showed slides of the upper and lower portions of the proposed surplus
property, improvements on each side of the property, and some of the improved
properties across the street from the property. He said the surplus property no longer
is viewed as having a connection to other public or District lands in connecting with
the Thornewood property. Since the property is surrounded by developed private
propeity, staff recommends that it be considered surplus property as it no longer
serves the District's nor the public's regional open space needs.
N. Hanko said that the Thornewood property itself was a gift to the District from the
Sierra Club in the 1970s and was not acquired by the District with the idea of a trail
connection, but it did make it possible to consider a trail alignment there that might
connect to Windy Hill. She said she was pleased that there is now a much better
alignment for the trail and felt that the proposed action is a sensible way of disposing
of property no longer needed by the District.
C. Britton said the two properties to the south and west of the subject property were
unimproved at the time of the District purchase, and the hope was that a trail could
climb the side slopes in order to reach this property; those properties were then sold
and developed precluding a trail connection. When the property was acquired staff
specifically recommended that it not be dedicated in case a trail could not be built.
He said the other reason to consider selling the property at this time is the fact the
District has just completed a contribution of$6 million to the Phleger acquisition in
Woodside and is also trying to sell part of the Teague Hill property to recapture some
of the investment made in the Woodside area. He said the District is a regional
agency and if it were not for the proposed trail, this property would not have been of
interest to the District because it has no regional significance as a separate open space
parcel.
C. Britton said correspondence had been received from Gail Reed and from Peter
Rehon, attorney for John Dean, as well as a letter dated March 12, 1996 signed by
ten property owners requesting a 30-day continuance; he said these documents would
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Meeting 96-06 Page 4
be made part of the public record.
John Dean, 302 Old La Honda Road, showed where his property is in relation to the
proposed surplus property. He said he used an attorney because they received a letter
Saturday and that was the first they had heard about the proposal. They had
circulated a petition among their neighbors requesting a 30 day continuance. He said
if the District does decide to sell the property he believes that the property is
substantially undervalued at $350,000. He would like time to have the property re-
appraised.
C. Britton said the District's policy was to notify adjoining property owners as well as
other public agencies who might be interested in purchasing the property. He told
Board members there was no time deadline by which they must take action so a
continuance would be possible.
Gail LeBaron Reed, 355 Old La Honda Road, said she lives across the road from the
property and is highly impacted by what happens to it. She said she was asking the
Board to put the decision off for 30 days so she could seek counsel if necessary and
discuss the matter with her neighbors. She said she was told the land belonged to
Peninsula Open Space Trust and would never be built on. She has lived in her home
for 27 years and felt that she should have been notified by the District. She requested
that in the future when dealing with property that is across the road from her, she be
notified. She said that along Old La Honda Road there has been no new
development, so nothing had changed since the District purchased the property in
1986. She strongly urged Board members to visit the site.
John Parmer said he was offended by the selfishness of the previous speakers. He
said they developed the property next door, and when they developed it they asked for
no special treatment from the Town of Woodside; it was a very smooth building
process because of that. Mr. Parmer said they built an environmentally sensitive
house, and had all native landscaping. He said they opened up views to people that
they were not aware existed. Mr. Parmer said he would not object to a 30-day
continuance and would not withdraw his proposal.
Motion: P. Siemens moved that the Board continue Item No. 2 to the meeting of
April 10. M. Davey seconded the motion.
Discussion: N. Hanko said she agreed. She said the District is always trying to
update its notification process. The motion passed 5 to 0.
C. Agenda Item No. 3 - Rdection of All Bids Received for Skyline Field Office
Construction Project and Authorization to Rebid Project - (Reoort R-96-35)
M. de Beauvieres presented the staff report and stated that in staff s opinion the
irregularities warrant rejection of all bids, re-advertisement and solicitation of new
bids. She said the lowest bidder did not receive Addendum 4 and the second lowest
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Meeting 96-06 Page 5
bidder protested on that basis and some other issues. Staff concluded that Addendum
4 had been provided to some contractors and not others and that the contractors were
not bidding on the same project.
S. Schectman said the addendum would have had some effect on the cost. She said
when this happens a public agency has the choice of going through the bid protest
process or reserving the right to rebid the project.
P. Siemens said that if the low bidder did not get all the information in the bid
package it would open the door for change orders which could exceed the next lowest
bidder's cost. He said he thought it was fair to reject the bids.
D. Smernoff asked about the possible delay in the project. M. de Beauvieres stated
that the delay caused by the rebidding would not be a problem in terms of weather.
S. Schectman said it was possible that the protest process might potentially take
longer than the rebidding process, noting the bid documents already prepared can be
used again. She said a new notice and bid form must be prepared. Staff felt that this
was the best choice and provided the most level playing field.
Motion: M. Davey moved that the Board reject all bids for the Skyline Field
Office Construction Project and authorize rebidding the project. D.
Smernoff seconded the motion.
Discussion: Bill McNamara, Coulter Construction, Inc., the second lowest bidder
on the project, asked about the fax transmission record and what records were kept
of the normal method of sending out addenda. He said any contractor could claim
they had not received an addendum and that the job should be rebid.
S. Schectman said that in checking the telephone records, there was no record of a
completed fax transmission to the two contractors. She said that staff could not
obtain the actual fax machine report but the telephone records seemed to corroborate
the bidders' statement that there was a problem with the fax transmittal.
Bill McNamara said that there should have been a verification when the addendum
was sent out; that it cost $5,000410,000 to bid a project of this nature; and that the
pre-bid conference was advertised as mandatory. He said it had come to his attention
that another contractor called a District representative and was granted special
consideration to bid the project, adding that this contractor was the low bidder. He
said they protested on the basis of special consideration and that the lowest bid was
incomplete on a number of other issues that should be addressed by the Board.
C. Britton stated that if a protest hearing was before the Board, the material described
by Mr. McNamara would have been submitted to them. He said that in reviewing the
matter, staff agreed that the best course of action was to reject all bids, adding that
the bidders could use the same plans and specs.
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Meeting 96-06 Page 6
S. Schectman said that staff was aware of the correspondence received from the
bidder that the speaker represents and took it into consideration.
Bill Stronk the third lowest bidder, said there as w a huge e effort by contractor a small con r
in making the bid. He said it seems like the easy way out to reject the bids. He said
that usually in a public works bid if there is a problem with the low bid they move on
to the second and third bids. He suggested that the District simplify the bid form as
it is extremely complicated. Mr. Stronk said that his company had complied with the
bid documents and that it was upsetting that other people's money was being spent
frivolously.
S. Schectman described the situation and said that the proposed solution is the fairest
and that staff would make the rebid the simplest and most cost effective one possible.
P. Siemens asked if there would be another bidders conference. M. de Beauvieres
said there would be a non-mandatory bidders conference.
S. Schectman said that there was no waiver of attendance at the bidders conference.
She said her understanding was that anyone could submit a bid that does not conform
to specifications and that in the bid protest procedure the Board could reject the bid
for not having complied with the specifications. She said no one had special
treatment and there was no waiver of the requirement of attendance at the bid
conference, as a waiver could only be granted by the Board.
In rebuttal, Mr. McNamara said that according to the information received by him
from the attorneys for the low bidder, and copies of letters sent to the District, they
n n confirmed a conversation that took place on February 6 after the mandatory bidders
conference. He quoted from a letter as follows: "As per our conversation on 2/6
you permitted us to pick up a set of drawings and to participate in the bid. Before the
bid date we had visited the job site together with our engineering contractors and felt
that it would not be any problem to complete the bid. I have received the protest
from the Coulter Construction people and it is the opinion of this office and its
counsel that since we were granted permission to participate in the bid it should be
the owner's responsibility to stand behind your decision to let us participate in the
bid."
The motion to reject all bids passed 5 to 0.
D. Agenda Item No. 4 - Authorization of Permit to Enter for CalTrans for Emergency
Repairs to State Route 84 Olornewood Onen Space PreserveL(RRcport R-96:a
M. Williams presented the staff report and showed where the slide occurred.
Motion D. Smernoff moved that the Board authorize the General Manager to
execute the Permit to Enter with CalTrans for emergency repairs to
State Route 84 (La Honda Road). M. Davey seconded the motion.
The motion passed 5 to 0.
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Meeting 96-06 Page 7
E. Agenda Item No. 5 - Adoption of Five-Year Planning Work Program for Dictricr
Preserves and Facilities - (ROM R-96-30)
G. Sipel referred to the staff report. Regarding items a-i, he said that staff had
responded to the Board's concerns about taking on too many projects by moving
some projects to a later date.
In answer to P. Siemens' question regarding the existing trail realignment (page 3,
chart a, Devils Canyon Trail), J. Escobar said there is probably 10-20 years use on it
even though it is not up to District standards. Regarding P. Siemens questions
about spending $7,500 for a rock climbing plan, D. Woods said that Sheryl Cochran
would work closely with Operations in developing a rock climbing plan. G. Sipel
said that 8-10 projects have been identified by staff that could be done with
consultants with management by the planning staff. This is one of those projects; in
addition to which staff does not have the rock climbing expertise necessary.
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P. Siemens asked about the Grant House restoration and July dedication. D. Woods
explained that they redistributed the money and carried the increase into the coming
fiscal year in order to carry the project forward and complete it. C. Britton
suggested changing the document to say the grant expires in July 1996 and the event
would probably occur in early fall.
P. Siemens asked that on page 10 under Skyline Ridge Nature Center, "Additional
potential grant" be listed in the Grant Funds Awarded column.
Motion: M. Davey moved that the Board adopt the Five-Year Planning Work
Program and District Preserves and Facilities. D. Smernoff seconded
the motion. The motion passed 5 to 0.
F. Agenda Item No. 6 - Tentative Adoption of the 1996-1997 Action Plan for the
Implementation of the Basic Policy of the MidWn-insula Regional Q= Space District -
(Lto= R-96-29)
C. Britton presented the staff report. N. Hanko, said that her understanding is that
adoption does not preclude any new ideas or projects being undertaken during the
year even though they are not in the Action Plan.
P. Siemens asked for a correction on page 8 under Key Projects, Item 2, to replace
"Seven Springs Road bypass trail" with "construct MR to the hayfield."
D. Smernoff referred to Page 21 and requested the addition of an eighth item under
Other Projects in the Administration Program for a formal procurement policy for
recycled products.
Motion: P. Siemens moved that the Board tentatively adopt the Action Plan for
the Implementation of the Basic Policy of the Midpeninsula Regional
Open Space District for the 1996-1997 Fiscal Year as amended to
substitute the trail to the hayfield and include item 8 under Other
Meeting 96-06 Page 8
Projects in the Administration Program to read, "Begin development of
a comprehensive procurement policy, specifically for the purchase of
recycled and alternative paper products and other office supplies," with
final approval to take place at the March 27 Board meeting. D.
Smernoff seconded the motion. The motion passed 5 to 0.
Agenda Item No. 7 - Presentation of Budget for Fiscal Year 1996-1997
a) Controller's Report - (E=rt R-96-2$)
M. Foster highlighted the Planned Financing section of the staff report. He said he
anticipated the completion of the issue on July 15.
C.Britton said that Santa Clara County is amenable to the proposed joint powers authority.
P. Siemens inquired about the 95% debt limit. M. Foster stated that the that lease debt does
not count against the debt limit. M. Foster explained that the District would be prepaying
debt that counts against the debt limit and they are replacing it with lease debt because it can
go 30 years. This could not be done without the joint powers authority. M. Foster said that
the result is a very nice looking debt service profile going forward, increasing a little bit
every year.
Discussion followed regarding total expenditure figures shown in the report.
b) Staff Report - (Report R-96-31)
C. Britton presented staffs report and recommendations and said the program managers
would report on their budgets.
Qpgn SpA_cQui ih' n Program: M Williams reported that there is a decrea
se in land
acquisition expenditures this year primarily due to the completion of the purchase of Hosking
property for El Corte de Madera. Referring to the Enterprise Subprogram, M. Williams
reported that there is a decrease in enterprise expenditures and an increase in revenues.
Planning Program: G. Sipel highlighted the major changes in the Planning Department
within the last six months. He said while the list of projects is realistic, it is optimistic. In
order to complete it, staff will have to work hard and perhaps add consulting assistance. He
noted that in order to do a better job of reflecting the actual costs of projects, they have
included consulting fees that are related to specific projects in the project budgets which is a
difference of about $100,000. Overall the budget is about 8% over the adopted budget from
last year.
N. Hanko said she liked the carryover of money for projects that cannot be completed this
year.
Operations Program: J. Escobar presented the staff report, noting 1,000 hours of seasonal
staffing had been added for the Foothills area and the anticipated trail projects at El Corte de
Madera. He referred to the proposed 5-Year Capital Equipment Schedule and pointed out
the item regarding replacement of pumpers. He said they have been replacing the steel tanks
that were coated on the inside with a hazardous material. The replacement tanks are made of
Meeting 96-06 Page 9
fiberglass.
Public Affairs: M. Smith said the 2.3% increase in expenditures in the program falls mainly
in printing, primarily for the site brochures, the newsletter and the visitors map. He noted
that the special event in June has extra expenses associated with it. Board members reported
strong approval of the new Newsletter which includes Hikes and Walks. P. Siemens asked if
usage had increased since Hikes and Walks was distributed with the Newsletter. C. Britton
stated that when they had done a test run, usage increased but not overwhelmingly. M.
Smith informed P. Siemens that the reprint of the visitors map will include changes and new
acquisitions to bring it up to date.
Administration Program: J. Fiddes said this budget includes election expenses. She noted
that the salaries and benefits category included Board appointees' salaries. Also included is
the purchase of a fax machine for the current and future Board president's home.
C. Britton referred to the Target Average Six Percent Growth Guideline for Operating
Expenses summary contained in the staff report. He noted that while a 2% increase for all
employees' salaries was included, some proposed benefits were not. Also not included were
increases in compensation for Board appointees (C. Britton, M. Foster and S. Schectman) so
there will probably be an adjusted budget. He said the Administration and Budget
Committee had been informed of some potential staffing changes; only one vacant position
has been budgeted for at this time. He said that staff is reviewing how support services are
handled and will be coming back to the Administration and Budget Committee and the
Board. C. Britton reviewed the Salary Incentive Plan which has a budget cap of$25,000.
The Administration and Budget Committee has asked staff to review the program and come
back with suggestions. He said the Board is being asked to accept the budget for review at
this time and it will come back at the March 27 meeting for final consideration and adoption.
c) Administration and Budget Committee Report - (R=rt R-96-34)
There were no questions on the committee report. The report is to be returned to the Board
for approval with the budget at the March 27 meeting.
H. Agenda Item No. 8 - Proposed Conversion of District Legal Counsel Position to
ParL-Time Employee Approval Employment Agreement - - 2
N. Hanko reviewed the ad hoc committee's report.
Motion: M. Davey moved that the Board approve the District Legal Counsel
Employment Agreement. P. Siemens seconded the motion. The motion
passed 5 to 0.
VIII. INFORMATIONAL REPORTS
D. Smernoff said he had visited Pulgas Ridge, and people there with dogs off leash-seemed
to be enjoying the activity. He said he liked the fencing. He also reported on the Palo Alto
City Council's latest decisions regarding the Arastradero Preserve project he had been
working on.
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Meeting 96-06 Page 10
N. Hanko said she has met with Mayor Wheeler and she said that the Council's intention
was to leave it open for other organizations and groups to have an opportunity to discuss the
use of the public land. Mayor Wheeler suggested that if the District as a group would like to
make recommendations on the Arastradero Preserve and get involved that she would
welcome that. N. Hanko said the reason she had met with Mayor Wheeler was to bring her
up to date on the long time exchange of land and the trails. Mayor Wheeler wanted to
recognize the District's former legal counsel in some way and N. Hanko suggested the
exchange of land and explained the background. Mayor Wheeler requested maps and other
information.
W. de Wit reported on the first regular class at the Daniels Nature Center.
C. Britton said he had visited the Center and said the first school's evaluation of the nature
program was very high. He read letters from students who had visited the Center.
C. Britton referred to the item discussed this evening on the right of entry on Route 84,
noting this is the third year in a row that one has been required. S. Schectman had informed
him that the General Manager could be granted some authority in emergency situations to
authorize a right of entry. Staff will be asking the Board to implement such a policy at a
future Board meeting.
C. Britton reported that four Directors had waived compensation for a total of$900 during
the past year. He said the money will be used for the Stegner bench and to assist with land
acquisition. N. Hanko thanked the Board for their generosity.
C. Britton said when the District sold the 12 acres of the former Bullis property, the District
retained a right of first refusal. He said there has been a foreclosure, and Bank of America
has given the District 14 days to respond to a sale offer. He said this item would be
presented to the Board for consideration at the March 27 meeting.
C. Britton mentioned the notice of a retirement party for Bob Emert, long-time employee of
San Mateo County. A representative of the District will attend.
C. Britton said staff has included more descriptive explanations on the claims list. P.
Siemens asked that items added to the revised claims list be separated from those on the
initial claims list.
C. Britton referred to a newspaper article about the District which appeared in the Pacifica
Tribune.
N. Hanko announced that W. de Wit had agreed to be the Secretary Pro Tempore for this
meeting.
J. Escobar reported that C. Solomon and C. Bruins staffed a District booth Saturday at an
Environmental Education Fair for teachers at the Sunnyvale SC Extension Services Office.
They distributed a brochure for the outdoor education program and teachers were given
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Meeting 96-06 Page 11
continuing education units for coming to this session.
J. Escobar also reported that there had been a mountain lion sighting in Los Gatos adjacent
to the Kennedy Road trail access.
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J. Escobar said that next Thursday night is the first meeting of the next group of trainees for
the volunteer patrol program.
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At 10:03 p.m., N. Hanko adjourned the Regular Meeting and announced a five-minute
recess, stating that the Board would reconvene in Closed Session to consider Special Meeting
agenda item 2 from the continued closed session.
IX. CLOSED SESSION
The Board reconvened in Closed Session at 10:09 P.M.
X. ADJOURNMENT
The Special Meeting Closed Session was adjourned at 11:25 P.M.
Roberta Wolf Recordin
g Secre tazy
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