ROLL CALL

Chairperson Jim Foran called the regular meeting of the Santa Clara County Open Space Authority (OSA) to order at 6:03 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, Kalvin Gill, Mike Potter

Members Excused Absent

None

Staff Present

Patrick Congdon, General Manager

William Parkin, Legal Counsel

Lark Burkhart, Public Information Specialist

Public Present

John Hesler

CONVENED TO CLOSED SESSION

6:06 P.M.

RETURN FROM CLOSED SESSION

7:06 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 7:06 p.m.

PUBLIC PRESENTATIONS

John Hesler, vice-president of the Santa Teresa Foothills Neighborhood Association stated that the Miracle Mountain project was approved unanimously by the San Jose City Council.  Their motion for approval included a wish that the Open Space Authority could purchase the adjacent parcel.  He stated that he would like to make a presentation to the Board if the item is placed on the agenda.

ADOPTION OF THE AGENDA

A. Kennett moved to adopt the agenda, continuing Item 1 to the next meeting.

V. Holtz seconded the motion. 

The motion passed 7-0

MINUTES

No Minutes

WRITTEN COMMUNICATIONS

None

NEW BUSINESS

Agenda Item #1:  Review and Approve Section 3.20.090 Non-Discrimination and Unlawful/Sexual Harassment in the Open Space Authority Employee Handbook.

Continued to next meeting.

Agenda Item #2:  Public Hearings on Assessment Refund Claims (190 Claims) Filed by the Law Offices of Tony J. Tanke.

P. Congdon introduced the item stating that the claims were filed by the Law Offices of Tony J. Tanke and the recommendation is that the Board deny the assessment refund claims.  He noted that there were 190 claims.

J. Foran opened the hearing to the public.

No members of the public were present.

J. Foran closed the hearing to the public.

A. Kennett made a motion to deny the assessment claims.  S. Hall seconded the motion.  The motion passed 7-0.

Agenda Item #3: Public Hearings on Assessment Refund Claims (4 Claims):  APN#s: 254-58-007, 213-33-007, 288-06-054, 414-28-040.

P. Congdon introduced the item stating that the claims were filed individually and the recommendation is that the Board deny the assessment refund claims.

B. Parkin stated that Donald Levy, one of the claimants, submitted additional evidence for his claim.  Copies of the evidence were distributed to all Board members.  He stated staff reviewed the evidence but the evidence did not alter the recommendation for the Board to vote for denial.

J. Foran opened the public hearing on the assessment claim filed by Elizabeth Brierly for 2527 Easton Ln. #6, San Jose (APN 254-58-007).

No members of the public were present.

J. Foran closed the hearing to the public.

G. Annable made a motion to deny the assessment claim filed by Elizabeth Brierly for 2527 Easton Ln. #6, San Jose (APN 254-58-007).  A. Kennett seconded the motion.  The motion passed 7-0.

J. Foran opened the public hearing on the assessment claim filed by Donald J. & Harriet Levy for 2016 Klamath Ave., Santa Clara (APN 213-33-007)

No members of the public were present.

J. Foran closed the hearing to the public.

G. Annable made a motion to deny the assessment claim filed by Donald J. & Harriet Levy for 2016 Klamath Ave., Santa Clara (APN 213-33-007) and to correct the spelling of “Klamth” to “Klamath” on the resolution. A. Kennett seconded the motion.  The motion passed 7-0.

J. Foran opened the public hearing on the assessment claim filed by Lillian A. Hughes for 1194 Bent Drive, Campbell (APN 288-06-054)

No members of the public were present.

J. Foran closed the hearing to the public.

K. Gill made a motion to deny the assessment claim filed by Lillian A. Hughes for 1194 Bent Drive, Campbell (APN 288-06-054). S. Hall seconded the motion.  The motion passed 7-0.

J. Foran opened the public hearing on the assessment claim filed by Randy Hughes for 3508 Calvin Ave., San Jose (APN 414-28-040)

No members of the public were present.

J. Foran closed the hearing to the public.

V. Holtz made a motion to deny the assessment claim filed by Randy Hughes for 3508 Calvin Ave., San Jose (APN 414-28-040). A. Kennett seconded the motion.  The motion passed 7-0.

CONSENT CALENDAR

No items on Consent Calendar

INFORMATIONAL REPORTS

CAC Committee Update (from liaisons)

None

Agricultural Project Update

None

Acquisition Policy Committee

No report.

Acquisition Committee

No report.

Use & Management Committee

None

Administration & Budget Committee

None

General Manager’s Report

P. Congdon stated that K. Lurie’s last day would be March 23.  He said that staff would be holding interviews the following week and that K. Lurie would come in one day a week until the new person was oriented.

P. Congdon stated that there was an invitation from Clysta Seney to attend an event at Ulistac Natural Area.  He said that all Board members, staff and CAC members were welcome.

He stated that an article in the Capital Press mentioned Sonoma County was among 3 counties nationwide recognized for preservation of agricultural lands.

He noted that he attended Weed Awareness Day at the state Capital in Sacramento.  He stated that many that he met with were interested in learning about the Open Space Authority.  He said that he also talked to two assembly members.  He said that the Authority would be looking into providing its own weed awareness tour or event similar to what staff put together last year.

Legal Counsel Report

No report.

Board Member Reports

Alex Kennett reported that he had arranged for the OSA outreach booth to participate in the Morgan Hill Earth Day event. He has lined up several volunteers and expects Jerry McNerney and Pete McCloskey to attend the day’s celebration.

Sequoia Hall had no report.

Garnetta Annable reported that she had received several inquiries from the public concerning what action is being taken on certain city projects and what is being done to protect against development encroaching in a riparian zone. She asked how the OSA responds to issues of this type and whether OSA should take a position.

She would like the Board of Directors to re-examine how it handles such matters and set up a process to deal with it. In the past she felt the Acquisition Committee had handled it and would like to see that happen again.

Virginia Holtz commented that this sounded like a Board of Directors policy and should be a decision of the Board.

Pat Congdon said that the OSA gets some announcements about re-zonings or park projects. Staff has good working relationships with the City of San Jose and the County and he would like to work through those channels to bring this information to the Board.

Jim Foran noted that it could be quite a wide scope of activity given the geographic distribution and the participation of other cities.

Garnetta Annable reiterated that her constituents would like the OSA to make a statement supporting riparian habitat.

Virginia Holtz reported that she had attended a daylong seminar at the Santa Clara Valley Water District on the Carver model for governance. She thought the model was constructive and worthy of the Board’s attention.

Mike Potter reported that he was planning to attend CSDA courses as he can schedule them in the coming months.

Kalvin Gill reported that he would like to introduce the Board members to his community and suggested that some Sunday they could visit his church to talk about the OSA’s mission and benefits. He also suggested that a community festival to be held in June at Evergreen College would be another opportunity to engage the community.

Pat Congdon said he would help facilitate arranging a date for a visit.

Jim Foran reported that he also attended the Santa Clara Valley Water District workshop and also has the district’s governance manual. He said the district began to change to the new model in 1999 and he thinks they are much better run as a result. He cited the two-thirds majority they garner for their Clean, Safe Creeks measure and their collaborative efforts with other agencies as examples of their recent success.

Adjournment

Meeting was adjourned at 7:42 p.m.