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HomeMy Public PortalAbout19960313 - Minutes - Board of Directors (BOD) r D Regional Open -e f n 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. i 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 i 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 a 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. i 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. i 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. li 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. I 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 I 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. I J. Escobar said that next Thursday night is the first meeting of the next group of trainees for the volunteer patrol program. I 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 I