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HomeMy Public PortalAbout20090722 - Minutes - Board of Directors (BOD) i ' ( Midpeninsula Regional Open Space District Meeting 09-22 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT JULY 22,2009 MINUTES SPECIAL MEETING I. ROLL CALL President Nonette Hanko called the Special Meeting to order at 6:-07—p.m. She called the Roll.. Members Present: Pete Siemens, Jed Cyr, Nonette Hanko, Mary Davey, Larry Hassett, Curt Riffle and Cecily Harris Members Absent: None Staff Present: Steve Abbors, Sue Schectman, Duncan Simmons 11. CLOSED SESSION REGULAR MEETING 111. President Hanko called the Regular Meeting to order at 7:05 p.m., and asked for the Roll Call. Members Present: Pete Siemens, Jed Cyr, Nonette Hanko, Mary Davey, Larry Hassett, Curt Riffle and Cecily Harris Members Absent: None Additional Staff Present: D. Sanguinetti, A. Speidel, K. Lenington, A. Ruiz, A. Duong, M. Williams, R. Jurgensen, C. Cleve, J. Andersen, G. Basson, M. Baldzikowski, M. Newburn, Ellen Gartside. President Hanko stated that there were no reportable actions taken concerning Closed Session Items I and 2. IV. PLEDGE OF ALLEGIANCE—S. Schectman led the pledge. Meeting 09-22 Page 2 V. ORAL COMMUNICATIONS—There were none. VI. ADOPTION OF AGENDA Motion: Director Cyr moved adoption of the Agenda. Director Riffle seconded the motion. The motion passed 7 to 0. VII. ADOPTION OF CONSENT CALENDAR Agenda Item 1. Approve Minutes of June 24, 2009 Special Meetin . Director Riffle referenced page 2 said that the top motions were repeated. President Hanko gave a correction to page 3, to read"at their preference" following her comment to Director Hassett's comment regarding when to answer questions from the public. Agenda Item 2. Approve Revised Claims Report. There were no comments or changes. Agenda Item 3. Approve Written Communications. President Hanko said she did not see an answer to the letter. A. Duong said the letter is for the Board to review and the written communication answer would be presented at the second Regular Board meeting in August. Motion: Director Cyr moved adoption of the Consent Calendar to approve the Revised Claims 09-13; Approval of the June 24, 2009 Special Meeting Minutes, as corrected and amended; and Approval of the Written Communications. Director Riffle seconded the motion. The motion passed 7 to 0. VIII. BOARD BUSINESS A. Agenda Item 4—Presentation on Mountain Lion Research within Sierra Azul Ope Space Preserve—(Report R-09-89) K. Lenington introduced Dr. Chris Wilmers, who has been directing research of mountain lions in the Santa Cruz Mountains. Dr. Chris Wilmers reviewed the research program and began his presentation discussing wolves in Yellowstone National Park. He said that mountain lions are similar predators to wolves. He said there is concern for the animals inbreeding because there is limited space for them to move around. He showed maps and photos. He discussed the use of radio collars. He said they have collared seven adults and three kittens. He said that male lions will make scrapings on the ground and they have posted cameras at the sites and have found that the lions return to those same sites. They also discovered that female lions came to the sites and they are now learning about lion breeding behavior from their research. President Hanko asked if he is comfortable with the scraping places and crossing areas and if they are protected areas. Mr. Wilmers said that they have seen sites on both public and private lands. He said it is something they are very interested in. President Hanko asked if the research had found any culvert use. Mr. Wilmers said that they know that lions will use culverts. He said that Julie Philips, a professor at De Anza Meeting 09-22 Page 3 College, has been placing cameras on culverts on Hwy 101 and possibly Hwy 17 and they have evidence of a lion using a culvert. President Hanko, said that transportation agencies should be told about these areas. K. Lenington said that staff is working with De Anza college. Mr. Wilmers said that Caltrans is very interested in this study. Director Siemens asked if Mr. Wilmers knew if there were any culverts under Hwy 92, but Mr. Wilmers was not sure. Director Siemens asked if they got text data. Mr. Wilmers said there are several systems that they get data from the radio collars, including satellites. Director Siemens said that the District has a policy on retaining wildlife corridors, and he said they are very interested in the data being collected. Director Siemens strongly recommended that Mr. Wilmers find an opportunity to give his presentation to the City of San Jose because of their interest in developing the Coyote Valley area. Director Riffle said it was an interesting presentation. He said the information is important, especially the information on the micro-corridors. He asked if the data will tell how many cougars are in the area. Mr. Wilmers said that the density shows a healthy lion population in certain areas. Director Harris said she found this to be a fascinating study. She suggested his research consider the northern Santa Cruz Mountains and the Highway 35 corridor. She said she was curious of the mountain lion carrying capacity up there. Mr. Wilmers said that he would like for the entire Santa Cruz Mountain area to be studied. He said that this was their pilot year for the study, but he said they are slowly getting more permission from land owners and are looking to get more permissions granted. Director Cyr followed up on Director Harris' comments regarding sightings of mountain lions in suburban areas. He said it is critical to get the research done to reassure the public on the mountain lion impact in the areas that surround them. President Hanko suggested that at the next Annual Open Space Conference, they ask Mr. Wilmers to give a presentation to the group. S. Abhors said that this is a wonderful study. He said that the District can help with access to corridors. He asked if there is a preference of the young lions using culverts rather than mature animals. Mr. Wilmers said that territorial animals are very sensitive to boundaries. He said that the younger animals were less sensitive and would use culverts, especially looking at Hwy 17. He said that research on dispersing younger male animals will be the ones to watch. Director Hassett said it was a fascinating presentation. He said that they have collared six lions and asked what the goal was. Mr. Wilmers said that their goal was to collar 20 to 30 animals in the mountains to get spatial coverage. Director Hassett said that an elevated roadway section would be a preferable option than a culvert. He asked how long the study would last and whether there would be a publication. Mr. Wilmers said to understand at the population level, the study should last as long as an animal lives, so for the mountain lion, the study would last five to ten years. Meeting 09-22 Page 4 Director Davey thanked Mr. Wilmers for his presentation. She said that this study supports the District and other agencies to save as much land as possible. President Hanko asked that he include recommendations for public agencies to help the research and the environment when he publishes his reports. K. Lenington said that the District will be awarding$5,000 in grant funds to Mr. Wilmers research program. He said that the grant would fund the purchase of radio collars. No formal Board action was necessary. The Board accepted the report and thanked Mr. Wilmers and staff for the presentation. B. Agenda Item 5—Determination that the Recommended Actions are Exempt from the California Environmental Quality Act and Approval of an Agreement with Timothy C. Best, Certified Engineering Geologist(CEG) not to Exceed $150,000 to Provide CEG Services at Various QDpen Space Preserves During Fiscal Years 2009-2014—(Report R- 09-72) G. Basson presented the staff report and summarized the recommendations for the five- year contract for Timothy C. Best's services. She said that $30,000 is budgeted for the current fiscal year. She reviewed the contract bidding and review process. Director Hassett asked what the applicants submit and asked what the process is for selecting a consultant in this situation. G. Basson said three staff members ranked each proposal looking at the consultants' proposed deliverables, qualifications and comparing similar work, specifically working on rural lands. Staff evaluates the consultants' qualifications, determines which consultants are qualified, and then reviews rates and negotiates a contract with the selected consultant. Director Hassett said he understands the comfort level with working with Mr. Best, but asked for more clarification about the cost aspect. S. Schectman said that the contracting process for four classes of consultants (engineers, architects, landscape architects, and surveyors) are based on statutory requirements. She said that an agency determines qualifications and then negotiates the price. The agency is not required to select any consultant unless satisfied with qualifications and cost. A. Ruiz added that Mr. Best's hourly rate was very fair and reasonable. Director Siemens asked if people submit examples of their reports. G. Basson said that they do. Director Cyr asked how the pool of qualified consultants can be used. A. Ruiz explained the process of identifying strengths of consultants and how staff can use this pool as pre-qualified consultants. Director Riffle asked why the contract is for five years this time,rather than three years as in the past. S. Abbors said that this will reduce overhead and time for staff. It is a reasonable time period for this type of contract. . Meeting 09-22 Page 5 Motion: Director Davey moved approval as follows: determine that the recommended actions are exempt from the California Environmental Quality Act as set out in the report; authorize the General Manager to enter into an agreement with Timothy C. Best, CEG, for a total contract amount not to exceed$150,000, to provide professional engineering geology, hydrology, and construction administration services as requested for a term not to exceed five years; require that the annual funding amounts for these services be determined during the yearly preparation of the Action Plan and Budget subject to Board review and approval; and authorize the provision of services under the Agreement in an amount not to exceed$30,000 for fiscal year 2009-20010. Director Riffle seconded the motion. The motion passed 7 to 0. C. Agenda Item 6—Review of FY2009-10 Action Plan First Quarter Report—(Report R- 090990� S. Abbors gave introductory remarks and the reasons for the quarterly reports. He said that staff had planned to include a budget presentation at the same time,but right now it is out of sync with the Action Plan. A. Speidel presented a summary of the first quarterly report. She said the results are great for the first quarter and showed the percentages of projects on target. There are 15 new projects that have been identified to consider. Director Siemens asked for clarification about markings on the report that A. Speidel explained to his satisfaction. li Planning: Director Cyr referred to page 6 of the Planning Department and asked for more explanation on the completion of the draft of the pond management plan at Monte Bello and he asked what the problem was. A. Ruiz gave more information about the project and said that the project was denied. S. Abbors said that staff met with Santa i Clara Valley Water staff"yesterday and discussed this issue. It was suggested that the Y Y gg District join a group that meets with regulatory lato agencies so that in the future these problems wont occur. President Hanko also referred to page 6 and asked about the additional contamination concerns found on Mt. Umunhum. A. Ruiz said another site of concern was identified that required additional investigation, which determined that the levels are above the threshold. There will be a subsurface clean-up at the site. S. Abbors elaborated on the reply and said that the clean up was being funded under the Formerly Used Defense Sites federal program. Director Riffle referred to 9 the Skyline Field Office page y e remodel project, and asked how a reset of a major project would be for this type of project. A. Ruiz said that the scope of work for this project has changed and those recommended changes will come before the Board. President Hanko referred to page 11, regarding Dennis Martin Creek project and asked if the grant funding may be lost. A. Ruiz said that the status was that the grants would not be released this year,but she expects the grant funds to be released next year and so the Meeting 09-22 Page 6 project is being postponed. D. Sanguinetti said that staff will reconfigure the White Oaks Trail, a project on the books for 10 years. A. Ruiz said that the state may apply for federal funds to fund grants,but she is waiting to find out if that will occur. Director Davey and President Hanko commented on how well the report was organized and how much work is being accomplished by staff. Director Cyr said he hoped it was not too extensive of a process for staff to work on this report on a quarterly basis. He said he feels much more informed about what is going on and appreciates this information. Operations: Director Riffle referred to page 13, and asked about Slender False Brome and inquired what the "x"means. D. Sanguinetti explained the project process. S. Abbors said that there is a lot of staff work being done on the Slender False Brome project. Director Riffle referred to page 14 and said he was confused on the notation of the "X's". D. Sanguinetti gave an answer to the Director's satisfaction. S. Abbors reminded the Board that he had asked staff to estimate when a project might be targeted and asked them to keep in mind that they do not want to spend the entire budget in one year. Public Affairs: Director Harris asked what the abbreviations OEL and NC mean. Director Siemens said that OEL means Outdoor Education Leader, and NC means Nature Center. Director Cyr asked for the abbreviations being spelled out to avoid future confusion. No formal Board action was necessary. The Board accepted the report and thanked staff for the information. IX. INFORMATIONAL REPORTS COMMITTEE REPORTS STAFF REPORTS DIRECTOR REPORTS The Directors all reported the compensable meetings that they had attended since the last Board meeting. X. ADJOURNMENT President Hanko adjourned the Special and Regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 10:16 p.m. Lisa Zadek Recording Secretary