2. - Santa Clara Valley Habitat Agency, CA

AGENDA ITEM # 1
Submitted for Approval: March 19, 2015
SANTA CLARA VALLEY HABITAT AGENCY
GOVERNING AND IMPLEMENTATION BOARD
REGULAR MEETING MINUTES
THURSDAY, JANUARY 15, 2015
3:00 PM
CALL TO ORDER
Chair Wasserman called the joint regular Governing and Implementation Board meeting to
order at 3:06 p.m.
ATTENDANCE
GOVERNING BOARD:
PRESENT:
ABSENT:
Velasco, Tate, Herrera, Wasserman, Simitian
Khamis, Constantine, Leroe-Munoz
IMPLEMENTATION BOARD:
PRESENT:
ABSENT:
Velasco, Crabtree, Rogers, Wasserman, LeZotte, Fitzwater, Herrera (arrived at
3:12)
Leroe-Munoz, Constantine, Courtney
REPORT FROM THE CHAIRS
No reports.
PUBLIC COMMENTS: ITEMS NOT ON THE AGENDA
Chair Wasserman opened the public comment at 3:16 p.m. Hearing no requests to speak, the
public comment was closed.
JOINT GOVERNING AND IMPLEMENTATION BOARD ACTION
2. MID-YEAR BUDGET REVIEW BRIEFING
Recommended Action: Review mid-year budget.
No Action Taken
Executive officer Sullivan presented the staff report.
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1. APPROVE THE MINUTES OF THE SEPTEMBER 18, 2014 REGULAR JOINT MEETING OF THE
GOVERNING AND IMPLEMENTATION BOARD
Recommended Action: Approve minutes.
Action: On a motion by Board Member Simitian and seconded by Board Member LeZotte Approving the
September 18, 2014 meeting minutes. The motion passed by the following vote: Ayes 9 (Velasco, Tate,
Herrera, Wasserman, Simitian, Crabtree, Fitzwater, LeZotte, Rogers); Noes 0; Absent 4 (Leroe-Munoz,
Khamis, Courtney, Constantine) (*Board Member Rogers initially abstained from this vote but withdrew
his abstention under item 12)
3. BURROWING OWL SURVEY SUMMARY AND FEE MAP BRIEFING – Troy Rahmig, ICF
Recommended Action: Receive presentation.
No Action Taken
Executive officer Sullivan presented the staff report for item 3 and 16.
Troy Rahmig gave the presentation
Chair Wasserman opened the public comment for items 3 and 16 at 3:55 p.m.
Shani Kleinhaus- Santa Clara Audubon society.
Hearing no further requests to speak, the public comment was closed.
16. REVIEW CHANGE IN BURROWING OWL IMPACT FEE ZONES
Recommended Action: Review changes to Burrowing Owl impact fee zones.
No Action Taken
4. REPORT FROM THE EXECUTIVE OFFICER
Recommended Action: Receive report.
No Action Taken
Executive Officer Sullivan gave a report.
GOVERNING BOARD ACTION
CONSENT AGENDA:
Action: On a motion by Board Member Simitian and seconded by Board Member Herrera Approving the
consent calendar items 3 and 4. The motion passed by the following vote: Ayes 5 (Velasco, Tate, Herrera,
Wasserman, Simitian); Noes 0; Absent 3 (Leroe-Munoz, Khamis, Constantine)
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5. REVIEW AND ACCEPT FISCAL YEAR 2014 AUDIT REPORT
Recommended Action: Review and Accept the Santa Clara Valley Habitat Agency ( Habitat
Agency) audit report for the year ending June 30,2014.
6. ADOPT RESOLUTION APPROVING UPDATED FISCAL YEAR 2014-2015 BUDGET
Recommended Action: Adopt resolution G-2015-001 approving mid-year budget adjustments
for Fiscal Year 15 (2014-2015).
GOVERNING BOARD ACTION
REGULAR BUSINESS:
7. SELECTION OF 2015 GOVERNING BOARD CHAIR AND VICE-CHAIR
Recommended Action: Select a Chair and Vice-Chair for 2015.
Action: On a motion by Board Member Simitian and seconded by Board Member Herrera Selecting Cat
Tucker as Chair and Mike Wasserman asVice-Chair of the Governing Board for 2015. The motion passed
by the following vote: Ayes 5 (Velasco, Tate, Herrera, Wasserman, Simitian); Noes 0; Absent 3 (LeroeMunoz, Khamis, Constantine)
Chair Wasserman opened the public comment at 4:13 p.m. Hearing no requests to speak, the public
comment was closed.
8. AB 1600 DEVELOPMENT IMPACT FEE REPORT – FISCAL YEAR 2013-14
Recommended Action: Review and Accept AB 1600 Development Impact Fee Report for
FY2013-14.
Executive Officer Sullivan presented the staff report.
Chair Wasserman opened the public comment for items 8-11 at 4:13 p.m. Hearing no requests to speak,
the public comment was closed.
Action: On a motion by Board Member Simitian and seconded by Board Member Herrera Reviewing and
Accepting AB 1600 Development Impact Fee Report for FY2013-14. The motion passed by the following
vote: Ayes 5 (Velasco, Tate, Herrera, Wasserman, Simitian); Noes 0; Absent 3 (Leroe-Munoz, Khamis,
Constantine)
9. CONSIDERATION OF CHANGE IN BURROWING OWL IMPACT FEE ZONES
Recommended Action: Adoption of resolution revising Burrowing Owl Conservation Fee Zone
map.
Action: On a motion by Board Member Herrera and seconded by Board Member Velasco Adopting
resolution G-2015-002 revising Burrowing Owl Conservation Fee Zone map. The motion passed by the
following vote: Ayes 5 (Velasco, Tate, Herrera, Wasserman, Simitian); Noes 0; Absent 3 (Leroe-Munoz,
Khamis, Constantine)
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10. INTRODUCTION OF ORDINANCE TO REVISE FEE IMPOSITION DATE
Recommended Action: Introduce Ordinance 2015-01 amending Ordinance No. 2013-01 to
revise the annual effective date for the imposition of updated mitigation fees on development
within the geographic boundaries of the Santa Clara Valley Habitat Plan area from June 1 of
each year to July 1 of each year.
Action: On a motion by Board Member Tate and seconded by Board Member Herrera Waiving the
reading and Introducing Ordinance 2015-01 amending Ordinance No. 2013-01 to revise the annual
effective date for the imposition of updated mitigation fees on development within the geographic
boundaries of the Santa Clara Valley Habitat Plan area from June 1 of each year to July 1 of each year.
The motion passed by the following vote: Ayes 5 (Velasco, Tate, Herrera, Wasserman, Simitian); Noes 0;
Absent 3 (Leroe-Munoz, Khamis, Constantine)
11. REVIEW AND APPROVE FISCAL YEAR 2015-16 DEVELOPMENT FEE ADJUSTMENTS
Recommended Action: Adopt resolution approving the mitigation fees imposed upon new
public and private development within the geographic boundaries of the Santa Clara Valley
Habitat Plan Area for Fiscal Year 2015-16 and the non-mitigation charges for participating
special entities.
Action: On a motion by Board Member Tate and seconded by Board Member Herrera Adopting
resolution G-2015-003 approving the mitigation fees imposed upon new public and private development
within the geographic boundaries of the Santa Clara Valley Habitat Plan Area for Fiscal Year 2015-16 and
the non-mitigation charges for participating special entities. The motion passed by the following vote:
Ayes 5 (Velasco, Tate, Herrera, Wasserman, Simitian); Noes 0; Absent 3 (Leroe-Munoz, Khamis,
Constantine)
12. ADOPT RESOLUTION APPROVING LOCAL ASSISTANCE GRANT (LAG) PROGRAM APPLICATION
AND RECEIPT OF FUNDS
Recommended Action: Adopt resolution approving the filing of an application with State of
California Department of Fish and Wildlife (DFW) for a local assistance grant for the
Alternative Grassland Grazing Monitoring Methods Assessment project in the amount of
$85,126, and appointing the Executive Officer as agent for the Santa Clara Valley Habitat
Agency ensuring all grant related tasks for the aforementioned project are completed. The
Habitat Agency was awarded the DFW grant on November 3, 2014.
Chair Wasserman opened the public comment at 4:23 p.m.
Doug Muirhead
Hearing no further requests to speak, the public comment was closed.
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Action: On a motion by Board Member Herrera and seconded by Board Member Tate Adopting
resolution G-2015-004 approving the filing of an application with State of California Department of Fish
and Wildlife (DFW) for a local assistance grant for the Alternative Grassland Grazing Monitoring
Methods Assessment project in the amount of $85,126, and appointing the Executive Officer as agent for
the Santa Clara Valley Habitat Agency ensuring all grant related tasks for the aforementioned project are
completed. The motion passed by the following vote: Ayes 5 (Velasco, Tate, Herrera, Wasserman,
Simitian); Noes 0; Absent 3 (Leroe-Munoz, Khamis, Constantine)
FUTURE GOVERNING BOARD INITIATED AGENDA ITEMS:
None
GOVERNING BOARD ADJOURNMENT
There being no further business, Vice-Chair Wasserman adjourned the Governing Board meeting at 4:28
p.m.
IMPLEMENTATION BOARD ACTION
REGULAR BUSINESS:
13. APPROVE THE MINUTES OF THE NOVEMBER 20, 2014 REGULAR MEETING OF THE
IMPLEMENTATION BOARD
Recommended Action: Approve minutes.
Action: On a motion by Board Member LeZotte and seconded by Board Member Herrera Approving the
November 20, 2014 meeting minutes. The motion passed by the following vote: Ayes 7 (Velasco, Herrera,
Rogers, Wasserman, Crabtree, Fitzwater, LeZotte,); Noes 0; Absent 3 (Leroe-Munoz, Courtney,
Constantine) (Board Member Rodgers withdraws his abstention to item number 1)
14. SELECTION OF 2015 IMPLEMENTATION BOARD CHAIR AND VICE-CHAIR
Recommended Action: Select a Chair and Vice-Chair for 2015.
Action: On a motion by Board Member Fitzwater and seconded by Board Member Herrera Selecting
Mike Wasserman as Chair and Linda LeZotte asVice-Chair of the Implementation Board for 2015. The
motion passed by the following vote: Ayes 7 (Velasco, Herrera, Rogers, Wasserman, Crabtree, Fitzwater,
LeZotte); Noes 0; Absent 3 (Leroe-Munoz, Courtney, Constantine)
15. REVIEW AND ACCEPT FISCAL YEAR 2015-2016 BUDGET SCHEDULE
Recommended Action: Review and Accept the Santa Clara Valley Habitat Agency fiscal year
2015-2016 budget schedule.
Action: On a motion by Board Member Herrera and seconded by Board Member Fitzwater Accepting the
Santa Clara Valley Habitat Agency fiscal year 2015-2016 budget schedule. The motion passed by the
following vote: Ayes 7 (Velasco, Herrera, Rogers, Wasserman, Crabtree, Fitzwater, LeZotte); Noes 0;
Absent 3 (Leroe-Munoz, Courtney, Constantine)
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17. BURROWING OWL MANAGEMENT AGREEMENT DON EDWARDS WILDLIFE REFUGE WARM
SPRINGS UNIT
Recommended Action: Adopt resolution authorizing a $178,171 5-year agreement between
Santa Clara Valley Habitat Agency (Habitat Agency) and San Francisco Bay Bird Observatory
(SFBBO) to manage Western Burrowing Owl at the Don Edwards Wildlife Refuge Warm
Springs Unit.
Action: On a motion by Board Member Herrera and seconded by Board Member LeZotte Adopt
resolution I-2015-001 authorizing a $178,171 5-year agreement between Santa Clara Valley Habitat
Agency (Habitat Agency) and San Francisco Bay Bird Observatory (SFBBO) to manage Western Burrowing
Owl at the Don Edwards Wildlife Refuge Warm Springs Unit. The motion passed by the following vote:
Ayes 7 (Velasco, Herrera, Rogers, Wasserman, Crabtree, Fitzwater, LeZotte); Noes 0; Absent 3 (LeroeMunoz, Courtney, Constantine)
FUTURE IMPLEMENTATION BOARD INITIATED AGENDA ITEMS:
None
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IMPLEMENTATION BOARD ACTION
CLOSED SESSION:
OPPORTUNITY FOR PUBLIC COMMENT
Chair Wasserman opened the public comment at 4:46 p.m.
Doug Muirhead- pointed out that the report from the PAC Chair had been skipped.
Hearing no requests to speak, the public comment was closed.
REPORT FROM THE PUBLIC ADVISORY COMMISSION
Spoke on the Burrowing owl report given to the PAC at their November 6, 2014 meeting.
ADJOURN TO CLOSED SESSION
Chair Wasserman adjourned to closed session at 4:48 p.m.
INFORMAL EMPLOYEE PERFORMANCE EVALUATION
Authority:
Government Code 54957
Employee Performance Evaluation:
Executive Officer
Attendees:
Implementation Board Members, Executive Officer
RECONVENE
Chair Wasserman reconvened the meeting at 5:05 p.m.
CLOSED SESSION ANNOUNCEMENT
Chair Wasserman announced that the board decided to form a subcommittee of three board members
to evaluate the Executive officer. There will be letters sent out to the Governing Board and
Implementation Board requesting volunteers for the Subcommittee.
IMPLEMENTATION BOARD ADJOURNMENT
There being no further business, Chair Wasserman adjourned the Implementation Board meeting at
5:07 p.m.
MINUTES PREPARED BY:
__________________________________________________
Angie Garcia, Deputy Secretary
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