ROLL CALL/CALL TO ORDER

Chairperson Alex Kennett called the regular meeting of the Santa Clara County Open Space Authority (OSA) to order at 6:36 p.m. at the Open Space Authority Administrative Office, 6830 Via del Oro, Ste 200, San Jose, CA.

Members Present

Alex Kennett, Jim Foran, Virginia Holtz, Sequoia Hall, Craige Edgerton, and Garnetta Annable.

Members Excused Absent

Mike Potter

Staff Present

Patrick Congdon, General Manager

Bill Parkin, Legal Counsel

Lauren Crook, Clerk of the Board

Public Present

Gerard Van Steyn, SCI Consulting Group

Greg West

PUBLIC PRESENTATIONS

None

ADOPTION OF THE AGENDA

G. Annable moved to adopt the agenda as amended, S. Hall seconded the motion. 

The motion passed 6-0. 

MINUTES

Approval of June 8, 2006 Minutes

Motion:  V. Holtz moved to approve the June 8, 2006 minutes.  C. Edgerton seconded the motion.

The motion passed 6-0.

WRITTEN COMMUNICATIONS

None

NEW BUSINESS

Agenda Item #1: Public Hearing and Approval of the Engineer’s Report & Levying the Annual Assessment for Open Space Acquisition & Maintenance District No. 1 – Renewal for Fiscal Year 2006/2007.

A. Kennett opened the meeting for the public hearing.

B. Parkin noted that no members of the public were present.

A.     Kennett closed the public comment period.

Motion:  V. Holtz moved to approve Resolution 06-15. J. Foran seconded the motion. The motion passed 6-0. 

Agenda Item #2: Public Hearing and Approval of the Engineer’s Report & Levying the Annual Assessment for Open Space Preservation District No. 2 – Renewal for Fiscal Year 2006/2007.

A. Kennett opened the meeting for the public hearing.

B. Parkin noted that no members of the public were present.

A.     Kennett closed the public comment period.

Motion:  C. Edgerton moved to approve Resolution 06-16.  S. Hall seconded the motion.  The motion passed 6-0.   

Agenda Item #3: Public Hearing and Approval of the Annual Budget for Fiscal Year 2006/2007. 

P. Congdon introduced the item and noted that one change had been made to the proposed budget that was presented to the Board in May.  He stated that $5,000 had been allocated for spillway repair at the Vilas property.

Board discussion ensued.

G. Annable asked that an item be added to the budget to show the potential endowment money for management of Coyote Valley.

B. Parkin noted that a fund manager would be in charge of the endowment funds.  He stated that the OSA was not responsible for the money and would not be managing the money.

G. Annable asked that staff bring back to the Board a formal amendment to the budget later on in the year, if necessary, when the agreement with the VTA has been finalized.

A. Kennett suggested footnote to the budget noting the potential income stream from the VTA endowment money.

A. Kennett opened the meeting for the public hearing.

Greg West asked why salaries were increased.

S. Hall stated that the salary increase was due to the expansion of hours for part time employees.

A.     Kennett closed the public comment period.

Motion:  G. Annable moved to approve Resolution 06-17 with the following amendments:

• Update budget to show the $50,000 grant from BARTC in the grant category.
• Remove the $50,000 item in Milpitas-Berryessa under Capital Improvements category.
• Include a footnote in the budget showing the income and expenses associated with the VTA endowment money for management of coyote ridge.

C. Edgerton seconded the motion.  The motion passed 6-0. 

Agenda Item #4: Approve changes to the Open Space Authority Board Operating Rules and Procedures regarding Board Compensation, Education and Reimbursement as required by AB 1234. 

B. Parkin stated that the policy was developed directly from language in AB 1234.

Board discussion ensued.

Motion:  S. Hall moved to approve Resolution 06-18. C. Edgerton seconded the motion.  The motion passed 6-0. 

At 7:19, William Garbett delivered a written protest for Assessment District 1 and Assessment District 2 Engineer’s Reports.  L. Crook took receipt of the written protest in the lobby of the Open Space Authority Administrative offices.  B. Parkin noted that the documents were delivered by Mr. Garbett after the close of the public hearing and approval by the Board of both assessment Districts. 

Agenda Item #5: Approve Amendment to Contract with Legal Counsel.

P. Congdon introduced the item stating legal counsel was requesting an amendment to their contract to provide an increase in legal counsel rates.  He stated that staff had conducted salary comparisons with other attorneys doing similar work in the geographic area and within a similar area of expertise.  He stated the salary increase would bring legal counsel rates in line with other similar legal counsel rates.

Motion:  C. Edgerton moved to approve Resolution 06-19. S. Hall seconded the motion.  The motion passed 6-0.   

Agenda Item #6: Discussion and Reinstatement of Standing Committees.

P. Congdon introduced the item stating that there had been a request by Director Kennett that a discussion be added to the agenda for the Board to discuss the reinstatement of the standing committee structure. 

J. Foran stated that if the Board decided they wanted standing committees reinstated, he suggested that the meetings be scheduled prior to regular Board meetings.  He said he was concerned that the Committees would become a filter for items that would have previously come to the Board and the full Board would not be as informed as before.

Board discussion continued.

A. Kennett asked for a motion to approve reinstatement of standing committees.

Motion:  G. Annable made a motion to reinstate the Use & Management Committee, the Acquisition Committee, and the Administration & Budget Committee with Government Relations included as part of the Administration and Budget Committee.  S. Hall seconded the motion.

C. Edgerton stated that he would not be supporting the reinstatement of the standing committee structure.

J. Foran stated that he also did not support the reinstatement of the standing committee structure and he asked if there was some alternative to having standing committees that would allow the Board to receive the information it was interested in.

P. Congdon stated that he did not clearly understand what the Board was looking for in terms of information.

J. Foran stated there was a lot of value in discussing items the way they have been discussed in regular board meetings.

Board discussion continued.

The motion passed 4-2. 

Ayes:    S. Hall, G. Annable, A. Kennett, V. Holtz.

Noes:   C. Edgerton, J. Foran

After the Board discussion, A. Kennett stated the meeting schedule would be as follows:

·     The Administration and Budget committee will be meet one hour before the first regular Board meeting of the month. He also stated that the Administration and Budget Committee would replace the current Budget Committee.

·     The Use and Management will meet one hour before the second Board meeting of the month.

·     The Acquisition Committee will be at 10:00 a.m. on the 4^th Monday of every month.

A. Kennett stated that the following members would constitute each committee:

·     Acquisition Committee:  Alex Kennett, Garnetta Annable, Craige Edgerton

·     Use & Management:  Garnetta Annable, Sequoia Hall, Virginia Holtz

·     Administration & Budget Committee:  Alex Kennett, Mike Potter, Jim Foran

Agenda Item #7: Authorization to Negotiate with Property Owner – Marx.

P. Congdon introduced the item stating he was requesting authorization to negotiate with the property owner.

G. Annable asked that the other parcel on Canada road be included in the negotiation.

Motion:  G. Annable moved to approve Resolution 06-19 as amended.  With the amendment the resolution will read:

            A Resolution of the Governing Board of the Santa Clara County Open             Space Authority Authorizing the General Manager to Negotiate with             Property Owner – Marx, APN 841-77-003 and Associated Parcels that             Constitute the Doan Ranch.

Details within the resolution will read:

S. Hall seconded the motion.

The motion passed 6-0. 

CONSENT CALENDAR

No items on Consent Calendar

INFORMATIONAL REPORTS

CAC Committee Update (from liaisons)

No Report

Public Use Policy Committee

P. Congdon noted that all input had been received regarding the Policy and he would move the process forward.

Acquisition Policy Committee

P. Congdon noted that the Committee needs to set a date to meet.  P. Congdon stated that he would contact Director Potter and try and coordinate a time for a meeting.

Budget Committee

No Report. 

CAC Role Committee

P. Congdon noted that the Committee needs to set a date to meet.  The Committee agreed to meet at 10: 00 a.m. on June 28.

General Manager’s Report

P. Congdon noted that the L. Burkhart made a public presentation to the Rotary.  He gave an update of staff work.  He noted that public input on the Rancho Canada del Oro Staging Area has been very positive. 

Legal Counsel Report

No Report.

Board Member Reports

S. Hall stated that the Rotary Club presentation was excellent. He commended L. Burkhart on her work on the presentation.

J. Foran distributed invitations to the Board members from the Committee for Green Foothills events coming up in the next month.

A. Kennett asked that staff continue to keep the Board informed of news related to open space and relevant to the Authority.

CONVENED TO CLOSED SESSION

8:48 P.M.

RETURN FROM CLOSED SESSION

10:20 P.M.  There were no reportable actions.

Adjournment

Meeting was adjourned at  10:20 p.m.