ROLL CALL

Chairperson Jim Foran called the regular meeting of the Santa Clara County Open Space Authority (OSA) to order at 6:31 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 and Mike Potter.

Members Excused Absent

Garnetta Annable and Sequoia Hall

Staff Present

Patrick Congdon, General Manager

William Parkin, Legal Counsel

Lauren Crook, Clerk of the Board

Lark Burkhart, Public Information Specialist

Public Present

Greg West

Dorsey Moore

Lynne Paulson

John Klimaszewski

Matt Freeman

Jim Zito

CONVENED TO CLOSED SESSION

6:31 P.M.

RETURN FROM CLOSED SESSION

7:07 P.M.  There were no reportable actions.

OPEN SESSION

Chairperson Jim Foran called the regular meeting of the Santa Clara County Open Space Authority (OSA) to order at 7:07 p.m.

PUBLIC PRESENTATIONS

Lynne Paulson of the Santa Teresa Foothills Homeowners Association introduced herself and passed out a map of the Miracle Mountain Drive area.  She stated that there was development for a monster home going in.  She said that she knew P. Congdon and staff were looking into what was happening in the area and she encouraged the OSA to purchase the lot adjoining the development, if possible, to discourage the domino effect of more building.

John Klimaszewski thanked the OSA for their efforts in the past and encouraged the OSA to purchase the adjoining 27-acre parcel.

Matt Freeman stated that the 8-acre site was under development and he asked that the Open Space Authority look into purchasing the site, if the owner is willing, and the adjoining the 27-acre site.

P. Congdon noted that the OSA was arranging a meeting at Miracle Mountain Drive to look at the property.  He noted that he had spoken to John Hesler and Directors Holtz and Kennett about visiting the site.

Jim Zito stated that he was very interested in applying for the District 7 Board seat but for whatever reason did not get his application in on time. He noted that he sits on the City of San Jose’s Planning Commission and had put in a request with Renee Gurza to find out if it was possible to sit on the OSA Board of Directors and also on the Planning Commission.  He noted that she told him she would have to check with legal counsel. When he tried to contact her again to find out what the outcome was, he discovered she had gone on vacation.  He said that he understands now from Brian Schmidt that the application period is closed.  He requested that the Board accept a late submission of a letter of interest. 

B. Parkin stated that he would confer with staff regarding whether the late letter of interest should be accepted. 

M. Potter stated that he thought the Nominating Committee should first review the applications that were received on time and then decide whether to consider any late applications.

J. Zito pointed out that it was recommended to him not to submit an application until he received the go-ahead from his legal counsel.

ADOPTION OF THE AGENDA

A. Kennett moved to adopt the agenda.

V. Holtz seconded the motion.  The motion passed 4-0.

MINUTES

Minutes of February 8, 2007

Motion:         M. Potter stated that he was not present for the February 8, 2007 meeting and could not vote on the item, making it necessary for the item to be continued to the March 8, 2007 meeting.

WRITTEN COMMUNICATIONS

None

NEW BUSINESS

Agenda Item #1: Authorization to become the holder of mitigation/compensation fees associated with the Santa Clara Valley Habitat Plan.

P. Congdon stated that his recommendation was for the Board not to take action on the item at this time given that only four Board members were present.

He gave background on the project and stated that because of OSA’s relationship with VTA, OSA was considered the primary choice for the holder of mitigation fees.

He stated that he would also like to continue this item since there had been some staffing changes with the negotiating parties, and he would like the opportunity to talk to the new contacts.  He said he would bring back the updated information to the full Board.

J. Foran asked what the difference would be if the Authority held the funds instead of California Fish and Game. 

P. Congdon stated that there were no agencies in the area that hold mitigation funds.  He said because OSA is a local agency that this was an opportunity for mitigation funds to be spent in the county.  He said that no other entity has come forward with interest in holding mitigation fees. 

Agenda Item #2: Discussion and Direction to Staff regarding the Open Space Authority becoming the purchaser and manager of mitigation lands associated with the Santa Clara Valley Habitat Plan.

P. Congdon stated that the item was discussed by the Board at a previous meeting.  He said that Ken Schreiber had given the Board a presentation about the Habitat Plan.

He stated that the idea of an implementing partner has changed and may not exist anymore.  He said the title of implementing partner would go away and instead some type of agreement to acquire and/or provide for mitigation be developed.  He said that California State Parks was the other public agency in Santa Clara County being considered as an implementing entity.  He noted that California Department of Parks and Recreation and Santa Clara County Parks have also expressed an interest in being an implementing partner.

He noted that another opportunity that he wanted to introduce was for the Authority to obtain funds that could be used for acquisition that would meet the mission of the Open Space Authority such as for the protection, enhancement, creation or management of lands for protected species.

He recommended that staff provide reports and information regarding their role regarding mitigation lands and engage the Board in a discussion in developing a policy for natural resource mitigation and agricultural mitigation.

He handed out the Draft Open Space Mitigation Acceptance Policy.

V. Holtz stated that she would be willing to create an outline of the items to be addressed, questions to be answered, and direction to staff about obtaining information. 

J. Foran stated that he would like to bring this item back so that all Board members could discuss the item. 

M. Potter stated for the record and for the benefit of the public present that the reason items were being continued is because there were only four Board members present due to the fact one board member was on vacation, another was out due to illness and there was also an absence due to the District 7 vacancy.

CONSENT CALENDAR

No items on Consent Calendar

INFORMATIONAL REPORTS

CAC Committee Update (from liaisons)

A. Kennett stated the next CAC meeting would be on Monday, February 26.

Agricultural Project Update

None

Acquisition Policy Committee

None

Acquisition Committee

P. Congdon suggested that the Acquisition Committee meet for a field trip.  He did note that there was little in the way of acquisition opportunities at the moment except for Miracle Mountain Road.

Use & Management Committee

None

Administration & Budget Committee

None

General Manager’s Report

P. Congdon noted that OST B. McKibbin was no longer with the Authority and that interviews for OST would be taking place on Monday; he said the Open Space Authority was represented well at the Amgen Bicycle Race and the King of the Mountain Race.  He acknowledged L. Burkhart’s hard work on the projects.  He recognized staff’s outstanding job with making contacts and providing assistance with the events.

Legal Counsel Report

No report.

Board Member Reports

A. Kennett stated he was interviewed by the Morgan Hill Times about the Open Space Authority.

J. Foran asked that discussion of the CSDA liaison be agendized for the next meeting.

V. Holtz asked if staff had determined whether the OSA had been requested by the City of San Jose on the Coyote Valley Specific Plan Task Force.  She stated that she would like staff to contact Laurel Privetti regarding liaison status on the Task Force.

P. Congdon noted that staff had determined that there had been a formal request and it would be agendized for discussion at the next meeting.

J. Foran noted that he had attended the Amgen race.

He wished Director Annable a quick recovery from her bicycle injury.

The meeting returned to closed session at 8:20 p.m.

RETURN FROM CLOSED SESSION

The meeting returned from closed session at 9:00 p.m.  There were no reportable actions.

Adjournment

Meeting was adjourned at 9:00 p.m.