ROLL CALL/CALL TO ORDER

Chairperson Alex Kennett called the regular meeting of the Santa Clara County Open Space Authority (OSA) to order at 6:32 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, Mike Potter, Garnetta Annable arrived at 6:36.

Members Excused Absent

None

Staff Present

Patrick Congdon, General Manager

Brett Bennett, Legal Counsel

Lauren Crook, Clerk of the Board

Rachel Santos, Open Space Planner ll

Josh Lazarus, Open Space Planner ll

Public Present

Ken Schreiber, Program Manager, Santa Clara Valley Habitat Conservation Plan

Jan Hintermeister

Eric Carruthers

PUBLIC PRESENTATIONS

None

ADOPTION OF THE AGENDA

Jim Foran moved to adopt the agenda. V. Holtz seconded the motion. 

The motion passed 6-0.  (G. Annable was not in attendance for the vote)

MINUTES

Approval of August 10, 2006 Minutes

A. Kennett suggested a change to the CAC policy language on Page 5. 

CAC will provide input on policy drafted by Authority Staff, and projects,; may initiate and study issues and advise staff and projects, on matters as authorized by the Board.

V. Holtz moved to approve the August 10, 2006 minutes as amended.  C. Edgerton seconded the motion.

The motion passed 6-0. (G. Annable was not in attendance for the vote)

WRITTEN COMMUNICATIONS

L. Crook distributed written communications to the Board.

A. Kennett noted that a letter in support of General Manager, Patrick Congdon, was received by Kyle Kroll, California Fish and Game Warden for Santa Clara County.

He also noted that a questionnaire from the Santa Clara County Grand Jury was received and responded to by Staff.

NEW BUSINESS

Agenda Item #1: Presentation by Ken Schreiber, Program Manager Santa Clara Valley Habitat Conservation Plan/ Natural Community Conservation Plan – Overview of Santa Clara Valley Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP).  

P. Congdon welcomed Ken Schreiber of the Habitat Conservation Plan and noted that Mr. Schreiber would be giving an overview presentation of the Plan.  He noted that the Open Space Authority has in some way been involved for the past two years with the development of the HCP. He turned the meeting over to K. Schreiber.  (G. Annable arrived at 6:36).

K. Schreiber stated that he was the program manager for the HCP/NCCP since September of 2004.  He stated that he would be giving an introduction to the Plan.

Board discussion ensued upon completion of the presentation.

Agenda Item #2:  Authorization to Enter into a Management Agreement for Lands Owned by Valley Transportation Authority (VTA) on Coyote Ridge in South San Jose.

P. Congdon stated that the item before the Board is to enter into a Management Agreement with VTA on Coyote Ridge.  P. Congdon introduced Tom Fitzwater, stating that he has been his contact at VTA throughout the process since 1999.

P. Congdon gave a PowerPoint presentation about the project and the process.

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G. Annable moved to approve Resolution 06-13.  M. Potter seconded the motion.

The motion passed 6-0.

Agenda Item #2: Discussion and Direction to Staff Regarding the Open Space Authority Becoming an Implementing Partner Agency for Participation in the Santa Clara Valley Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP).

P. Congdon introduced the item stating that he had hand outs from the East Contra Costa HCP website.  He also handed out a Draft East Contra Costa County Habitat Conservation Plan and Natural Community Conservation Plan.  He noted that the documents answer numerous questions the Board may have in regards to the Santa Clara Valley HCP/NCCP.

V. Holtz distributed Questions for the Open Space Authority when Considering Becoming an Implementing Partner of the HCP/NCCP.

P. Congdon stated he was looking for direction by the Board whether or not to pursue becoming an HCP partner.  He stated that he was not asking them to make a determination about partnership but was looking for broad direction only.

He said that he was contacted by Ken Schreiber about attending a meeting of the HCP in August.  He stated that that was the first time that the Authority was considered and asked to be an implementing partner.  He said that the HCP was looking for a partner agency that has experience with preserving and protecting lands in Santa Clara County.

K. Schreiber stated that the HCP/NCCP was interested in gathering together agencies that already have experience and knowledge of preservation and protection.  He noted that expertise was very important.  He noted that one of the key components that the Authority brings to the table is their expertise.  He said that another benefit that the Authority brings to the table is that they bring the fact that they are an existing organization and its structure.

K. Schreiber continued with his presentation. He stated, in regards to Implementing Partners, that it was determined among the current partners, that it would be a good idea to bring the Open Space Authority and California State Parks into the Plan partnership.  He stated that the Authority’s expertise would be a good fit with the HCP.

Board discussion continued.

(changed to CD #2 (78 minutes))

Board discussion continued.

Role of the Open Space Authority in implementing the program would be out on the timeline in 2008 or 2009.  He noted that the OSA being an interim manager would likely be very soon, in two to three months,

C. Edgerton asked if the Board could come to consensus to move forward.

A. Kennett opened the discussion to public comment.

E. Carruthers stated he thought the Authority was headed in the right direction with the HCP/NCCP.

A. Kennett asked for consensus from the Board to support moving forward in obtaining further information.

By a show of hands, the Board gave their unanimous consensus.

Agenda Item #3: Discussion and Direction to Staff Regarding the Open Space Authority Becoming the Holder of Mitigation/Compensation Fees Associated with the Santa Clara Valley Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP).

P. Congdon introduced the item stating that he was approached by VTA to be considered as an interim holder of mitigation/compensation fees associated with the Santa Clara Valley NCP/NCCP.

Board discussion continued.

E. Carruthers asked how much detailed accounting the Authority is going to be asked to accomplish.

P. Congdon stated that the accounting time would not be at all significant.  He said that the Authority would be tracking each deposit and withdrawal.

He asked the Board for their consensus to move forward and for staff to bring a recommendation to the Board at the next meeting.

By a show of hands, the Board showed their unanimous consensus to continue obtaining information about becoming the holder of mitigation/compensation fees associated with the HCP/NCCP.

Agenda Item #4: Adopt Proposed Mitigated Negative Declaration and the associated Mitigation Monitoring Program for the Rancho Canada del Oro Open Space Preserve Proposed Trail Development.

P. Congdon introduced the item stating that R. Santos and J. Lazarus had worked extensively on preparing the CEQA documentation for the Proposed Mitigated Negative Declaration and the Associated Mitigation Monitoring Program for Rancho Canada del Oro Open Space Preserve Trail Development Plan. 

P. Congdon stated that the Authority had received written comments from Santa Clara County Parks and Recreation Department related to the Mitigated Negative Declaration for the Mayfair and Llagas Creek Trails.  Staff feels that the concerns raised by Parks have been addressed through the Mitigation Monitoring Program for the project.  P. Congdon further stated that Staff will closely monitor trail use and promptly address concerns raised by County Parks.

R. Santos reviewed the Trail Development Project.  She described the project, stating that it consists of two trails totaling approximately 3 1/3 miles within the Authority’s Rancho Canada del Oro Open Space Preserve.  The first trail, Llagas Creek Loop Trail, will be Americans with Disabilities Act (ADA) compliant and will be 1/3 of a mile long all of which will be new trail construction.  The second trail, Mayfair Ranch Trail, will be an approximately 3-mile-long multi-use (allowing use by hikers, bicyclist and equestrians) trail.  It will require approximately 2 miles of new trail construction and utilize roughly one mile of existing ranch road to complete the trail.  Development and completion of the Mayfair Ranch Trail will also require (1) 40’ clear span fiberglass bridge and (3) small clear span structures of varying lengths of 5-10 feet. 

A. Kennett asked about the timeframe of the project.

P. Congdon stated that staff had received approval from the California Department of Fish and Game to begin construction of the trail throughout the winter as long as the Authority used best practices for erosion control in the process.  He said that the plan was to wait to begin the project until there was more moisture in the soil for better soil compaction.

R. Santos stated that there were no significant comments received by the public during the public comment period.

Board discussion ensued.

J. Foran noted that Santa Clara County Parks was scheduled to begin work on their Trail Master Plan for Calero County Park in 2008.  He asked if the Authority might hold off on further planning in Rancho so that both plans could coincide.

P. Congdon stated that, yes; it was likely that the Authority would have time to work with County Parks to look at a dual-regional trail system.  He said planning for future trails will take place right away but due to current staffing and funding issues as well as Work Plan prioritization for planning and development of the Milpitas-Berryessa trail system, further planning for Rancho would take place but not be built out.

P. Congdon noted that he had spoken in detail with Mark Fredericks from County Parks and they discussed how management of the trail system would take place.  He said that it seemed that Mr. Fredericks seemed more comfortable with the Authority’s plans.

He also said the Authority, during the last mitigated negative declaration for the Rancho Staging Area, heard concerns from some of the neighbors and he had made commitments in addressing those concerns.  He said he wanted to follow up regarding those concerns.  He said that the Authority would be monitoring the current project and its impact on the community just as had been done with the Staging Area Project.

He said that there was quite a bit of community concern about what the impact of the staging area would be at the time of that project’s approval.  In particular, he said there was a neighbor, Mr. Bothwell, who listed a number of concerns such as traffic control, trespassing, parking, fire protection and aesthetic values.  He stated that the Authority implemented a monitoring program, from the first day, where a staff member is present in the parking lot, at most times during the day to monitor the activities going on and have kept a number statistics.  He said that staff has kept in contact with Mr. Bothwell about his needs.  He noted that because of the information received from the statistics, the Authority has put up additional No Parking signs.  He said the Authority has moved cars that were left or parked on Casa Loma Road.  He stated that he felt the process has worked out exceptionally well and that the Authority has fulfilled all of its obligations as well as other commitments.

He said that in regards to the new project, staff would be implementing a similar monitoring program.  He stated staff will be concentrating their efforts in the areas where potential problems could come up.  He said staff would also look to the bicycle community and create some

A. Kennett opened the meeting for the public hearing.

(There were no comments from the public.)

A.     Kennett closed the public comment period.

Motion:  G. Annable moved to adopt Resolution 06-27.  M. Potter seconded the motion.

The motion passed 7-0.

Agenda Item #5: Approve the Rancho Canada del Oro Open Space Preserve Trail Development Project.

R. Santos stated that as part of the CEQA process, the Board is required to approve the project after approval of the Mitigated Negative Declaration.

Motion:  G. Annable moved to Resolution 06-28.  C. Edgerton seconded the motion.

The motion passed 7-0.

CONSENT CALENDAR

No items on Consent Calendar

INFORMATIONAL REPORTS

CAC Committee Update (from liaisons)

G. Annable stated that the CAC was beginning work on the Agriculture Project Study.

Agricultural Project Update

J. Hintermeister stated that the CAC already had a list of agencies to send an introductory letter to asking them if they would be interested in participating in the question and information gathering process for the Authority’s

Acquisition Policy Committee

J. Foran noted that a meeting was scheduled for the following week.

Acquisition Committee

G. Annable stated that the Committee did meet.  She said the Authority has approximately $6.5 million to spend on acquisition.  She noted that the Dempsey property is back on the market.

Use & Management Committee

S. Hall noted that the last meeting had been cancelled.

Administration & Budget Committee

P. Congdon stated that the Committee discussed the granting of Open Space Authority funds and developing a policy and procedure for accepting and processing requests.  He also noted that the Committee was going to be reviewing CAC applications.

V. Holtz asked to put an item on the agenda for the next Board meeting to recommend and approve a candidate for the District 5 Representative for the CAC.

General Manager’s Report

P. Congdon noted that the Authority was moving towards completion of the VTA management agreement on Coyote Ridge.  He said that the Authority, on behalf of VTA, has been monitoring the property.  He said that there had been a fire on a portion of the property which burned about 10 acres of red legged frog habitat.  He said that he prepared a report of his evaluation of the property.  He noted that he sent the report to U.S. Fish and Wildlife which included his observations and his recommendation for improvements to the property.  He stated that this was a good example of the valuable contacts that had been made through the HCP process.  He stated that face-to-face meetings with U.S. Fish and Wildlife have facilitated the process and have provided added assurance that the Authority will do what we say we’re going to do.

Legal Counsel Report

No Report.

Board Member Reports

V. Holtz noted that she, P. Congdon, and C. Edgerton attended the LAFCO Ag Mitigation meeting.

G. Annable stated she would be giving a presentation to the Almaden Cycle Touring Club.  She asked V. Holtz to join her in a presentation to the Cambrian Community Council.

S. Hall noted that the County has approved and is implementing the Viewshed Protection Ordinance.

J. Foran stated that the CSDA Annual Conference is Sept 26, 27, and 28.

P. Congdon gave a presentation to The Villages and they made a $100 donation to the Authority.

V. Holtz noted that the Authority would be at the Santa Clara Art and Wine Festival this weekend.

CONVENED TO CLOSED SESSION

9:13 p.m.

RETURN FROM CLOSED SESSION

9:55 p.m.  There were no reportable actions.

Adjournment

Meeting was adjourned at  9:55 p.m.