FINAL

MINUTES

 

SANTA CLARA COUNTY OPEN SPACE AUTHORITY

Regular Meeting of the Board of Directors

Thursday, March 8, 2007

Meeting 07-05

 

ROLL CALL

 

Chairperson Jim Foran called the regular meeting of the Santa Clara County Open Space Authority (OSA) to order at 6:30 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, Garnetta Annable, Mike Potter arrived at 6:38 p.m.

Members Excused Absent

 

None

Staff Present

 

Patrick Congdon, General Manager

William Parkin, Legal Counsel

Lauren Crook, Clerk of the Board

Lark Burkhart, Public Information Specialist

Public Present

 

Dorsey Moore

Cy Mann

Kalvin Gill

Michael Cunningham

Garry Gillette

Lynne Paulson

Matt Freeman

BOARD BUSINESS

 

Agenda Item #1:  Appointment of Labor Negotiator pursuant to Government Code Section 54957.6 – Unrepresented Employee – Patrick Congdon, General Manager

 

B. Parkin stated the item was on the agenda because it is required by the Brown Act.  He noted the General Manager has one year left on his contract and for there to be negotiations to his contract the Board must appoint a labor negotiator.

 

G. Annable made a motion to appoint J. Foran as labor negotiator.  S. Hall seconded the motion.  The motion passed 5 – 0. (M. Potter was not present.  The District 7 Board seat was vacant).

CONVENED TO CLOSED SESSION

 

6:33 P.M.

RETURN FROM CLOSED SESSION

 

7:03 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 7:03 p.m.

PUBLIC PRESENTATIONS

 

Lynne Paulson addressed the Board and stated that she would like the Authority to continue its work and interest

 

Matt Freeman stated that he supported the OSA’s efforts and said he appreciated that staff was looking into the Miracle Mountain property.

 

P. Congdon stated that John Hesler has arranged a meeting where Directors Holtz and Kennett and he will meet on the property on Miracle Mountain Drive.  He said there was a potential of two easements on the property.

ADOPTION OF THE AGENDA

 

A. Kennett moved to adopt the agenda.

S. Hall seconded the motion. 

The motion passed 6-0.

MINUTES

 

Minutes of February 8, 2007

 

Motion:  A. Kennett moved to approve the February 8, 2007 minutes. 

G. Annable seconded the motion.

 

G. Annable stated she had an amendment to the minutes. She pointed out that on Page 3 that the Board had appointed the liaisons and that the appointment was not made exclusively by Chairperson Foran and that it should be noted that the appointment was made by the Board.

 

M. Potter abstained because he was not in attendance at the February 8, 2007 meeting.

 

The motion passed 5-0.

 

Minutes of February 22, 2007

 

Motion:  A. Kennett moved to approve the February 22, 2007 minutes. 

V. Holtz seconded the motion.

 

 

G. Annable abstained because she was not in attendance at the February 22, 2007 meeting.  S. Hall abstained because he was not in attendance at the February 22, 2007 meeting.

 

The motion passed 4-0.

 

WRITTEN COMMUNICATIONS

 

None

NEW BUSINESS

 

Agenda Item #2: Interview Applicants and Appointment of Director – District 7

 

P. Congdon reviewed the item and noted that Craige Edgerton resigned his position as District 7 Director on January 15, 2007.

 

He noted that at their February 8, 2007 meeting the Board appointed three members of the Board to the Nominating Committee who would review all of the District 7 applications and then recommend candidates to be interviewed by the full Board.

 

He read aloud the procedure for the interviews stating that each candidate would be chosen for interview by random drawing.

 

B. Parkin noted the Clerk of the Board passed out some additional information received since the Board packet was mailed.  He noted that included in the packet was a letter from Jim Zito removing himself from the application process and two letters of recommendation for Cy Mann.

 

J. Foran noted that the interviewees would be chosen in random order. 

 

The random drawing called for interviews to be conducted in the following order: Gary Gillette, Dr. Gill, Michael Cunningham and Cy Mann.

Mr. Gillette introduced himself and gave an overview of his qualifications in his opening statement.  The Board then submitted their interview questions to the candidate which the candidate answered.

 

J. Foran called Dr. Kulwant (Kalvin) Gill to the podium.

 

Dr. Gill introduced himself and gave an overview of his qualifications in his opening statement.  The Board then submitted their interview questions to the candidate which the candidate answered.

 

J. Foran called Michael Cunningham to the podium.

 

Michael Cunningham introduced himself and gave an overview of his qualifications in his opening statement.  The Board then submitted their interview questions to the candidate which the candidate answered.

 

J. Foran called Cy Mann to the podium.

 

Cy Mann introduced himself and gave an overview of his qualifications in his opening statement.  The Board then submitted their interview questions to the candidate which the candidate answered.

 

J. Foran noted to all candidates that they were obligated to file Conflict of Interest Form 700 forms.

 

J. Foran asked if there were any members of the public who would like to comment.

 

Chris Elias addressed the Board stating that he was in attendance on behalf of Michael Cunningham.  He stated that the local chapter of the NAAPC supported the appointment of Michael Cunningham as District 7 Director.

 

J. Foran asked the Board to submit their nominations.

 

G. Annable nominated Garry Gillette for District 7 Director.

 

M. Potter nominated Kulwant Gill for District 7 Director.

 

J. Foran closed the nomination period.  He noted the candidate MUST receive four votes.  He noted that he would abstain from voting unless his vote was required.

 

S. Hall stated that he felt that ALL Board members should vote and that no member should abstain from the voting.  He addressed all candidates stating that the OSA was a small agency whose mission and philosophy is very important.  He noted that he was very happy to see such diverse interest in serving on the Open Space Authority Board.

 

V. Holtz asked the candidates who are not chosen to serve as the District 7 Director to look at applying to the Citizen’s Advisory Committee.

 

J. Foran asked for votes for Garry Gillette.

 

J. Foran noted that G. Gillette received one vote from G. Annable.

 

J. Foran asked for votes for Dr. Kulwant Gill.

 

J. Foran noted that Dr. Gill received four votes:  A. Kennett, V. Holtz, M. Potter, S. Hall; sufficient to appoint him to the Open Space Authority Board of Directors.  He asked the Clerk of the Board to give the Oath of Office.

 

L. Crook performed the Oath of Office, swearing in Dr. Gill as Director for District 7.

 

J. Foran asked Dr. Gill to join the Board at the table.

 

J. Foran called a two minute recess at 8:33 p.m.

 

J. Foran called the session back to order at 8:43 p.m.

 

 

 

Agenda Item #3: Discussion and appointment of Board Liaison assignments to non-OSA agencies and entities.

 

P. Congdon introduced the item stating that at a previous Board meeting J. Foran noted that he would like to step down as the Authority’s liaison to the Santa Clara County Special District Association.

 

A. Kennett nominated M. Potter as the Santa Clara County Special District Association liaison.  V. Holtz seconded the motion.  M. Potter accepted the nomination.

 

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

 

P. Congdon stated that the Board has asked for discussion about the Authority’s liaison status on the Coyote Valley Specific Plan Task Force.  Board discussion ensued.

 

V. Holtz noted that she had spoken to Laurel Privetti who told her that current members on the Task Force had already served for a long period of time and possessed much history of the processes already gone through.  She said the group wasn’t inclined to appoint any new liaison’s to the Task Force.

 

The Board asked P. Congdon to confirm with L. Privetti the OSA status as liaison membership.

CONSENT CALENDAR

 

No items on Consent Calendar

INFORMATIONAL REPORTS

CAC Committee Update (from liaisons)

 

A. Kennett stated he attended the CAC meeting and reported that it was upbeat, energetic and well-led by new Chairperson, Dorsey Moore.  He noted that they discussed new CAC members and the Agriculture Survey.

Agricultural Project Update

 

Dorsey Moore noted the survey was scheduled to go out the following week.

Acquisition Policy Committee

 

No report.

Acquisition Committee

 

No report.

Use & Management Committee

 

No report

Administration & Budget Committee

 

No report

General Manager’s Report

 

P. Congdon noted that K. Lurie, the Authority’s accountant has resigned his position to move on to a position of more responsibility and higher pay. He said that Kevin has enjoyed his time with the Authority; He stated that interviews for the Coordinator of Interpretive Programs position would be held next week; He noted that he would be going to Sacramento next week for National Weed Awareness day on behalf of Santa Clara County and the Open Space Authority.

Legal Counsel Report

 

No report.

Board Member Reports

 

S. Hall noted that he resigned from the County Planning Commission due to his busy schedule; He stated that he attended the Habitat Conservation Planning session and found it to be very interesting and in-depth and noted that P. Congdon contributed much that day.

 

G. Annable stated that OSA’s participation in the bicycle races was very good; She asked that the Board roster include her cell phone number.

 

Dr. Gill thanked the Board for his appointment to the Board of Directors and said he would do his best to deliver the message of the OSA to members of his community.

 

M. Potter stated that he met with Alfredo Gonzales from the Nature Conservancy. 

 

V. Holtz thanked staff for copying and distributing FYIs to keep the Board better informed of news relative to the Authority.

 

J. Foran noted the State Trails Conference was coming up; he said a LAFCO subcommittee meeting was coming up; he said he would be participating in a combined meeting of the Ridge Trail and the Bay trail; he again welcomed Dr. Gill to the Board.

 

J. Foran adjourned the Board back to Closed Session at 9:19 p.m.

RETURN FROM CLOSED SESSION

 

The meeting returned from closed session at 10:10 p.m.  There were no reportable actions.

Adjournment

 

Meeting was adjourned at 10:10 p.m.

 

Respectfully submitted,

Lauren Crook, Clerk of the Board