ROLL CALL

Chairperson Jim Foran called the regular meeting of the Santa Clara County Open Space Authority (OSA) to order at 6:02 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, Kalvin Gill and Garnetta Annable (arrived at 6:26 p.m).

Members Excused Absent

Mike Potter

Staff Present

Patrick Congdon, General Manager

Jonathan Wittwer, Legal Counsel

Lauren Crook, Clerk of the Board

Lark Burkhart, Public Information Specialist

Public Present

Gloria Dirkmaat

Dorsey Moore

Craige Edgerton

CONVENED TO CLOSED SESSION

6:02 P.M.

RETURN FROM CLOSED SESSION

7:01 P.M.  There were no reportable actions taken in closed session. J. Foran stated that the Board will reconvene to closed session at the end of open session.

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

None

ADOPTION OF THE AGENDA

V. Holtz moved to adopt the agenda.  A. Kennett seconded the motion. 

The motion passed 6-0

MINUTES

Minutes of March 8, 2007  & Minutes of March 22, 2007

Motion:  A. Kennett moved to approve the March 8, 2007 & March 22, 2007 minutes.  S. Hall seconded the motion. 

V. Holtz asked for amendments to the March 8, 2007 minutes as follows:

Page 2:  Complete the first paragraph in Public Presentations with “in Miracle Mountain property.”

Page 3:  Modify the comment, “J. Foran noted that the interviewees would be chosen in random order.  And asked V. Holtz to choose a name.”

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

A. Kennett and S. Hall accepted the amendments to the motion.  The motion passed 6-0.

WRITTEN COMMUNICATIONS

None

NEW BUSINESS

Agenda Item #1:  Public hearing for multiple assessment refund claims filed by Mission West/Berg filed with the Authority on December 14, 2006.

P. Congdon introduced the item and presented the written Staff Report for Board consideration.  P. Congdon stated that staff is recommending that the Board open the public hearing.

J. Foran opened the meeting to the public hearing.

He noted that no member of the public stepped forward to speak regarding any claim attached to the written Staff Report.

J. Foran closed the public hearing.

A. Kennett moved to approve Resolution 07-15 to deny all claims attached to the written Staff Report.  S. Hall seconded the motion.  The motion passed 6-0.

Agenda Item #2:  Interview applicant(s) and appoint candidate as Citizen’s Advisory Committee, Education Representative.

P. Congdon introduced the item stating that Gloria Dirkmaat was in attendance to be interviewed by the Board for consideration of the vacant position of the of Education Representative on the CAC.

J. Foran asked G. Dirkmaat if she would like to speak to the Board.

G. Dirkmaat introduced herself to the Board.

The Board interviewed the candidate.

J. Foran asked if any members of the public had comments.  No public comment was made.

G. Annable moved to approve Resolution 07-19 Appointing G. Dirkmaat as the Education Representative to the CAC.  V. Holtz seconded the motion.  The motion passed 6-0.

Agenda Item #3: Review and Determine Board Member Committee Meeting Assignments for 2007.

J. Foran introduced the item stating the Board would discuss Board member committee meeting assignments.  He asked if any Board members would be interested in stepping down from one of their committees.

A. Kennett noted that he would like to step down as CAC Liaison.

J. Foran asked if K. Gill would be interested in filling the CAC liaison position.

K. Gill stated he would be interested in participating as the CAC liaison.

J. Foran confirmed that the Board concurred with K. Gill’s committee meeting assignment as CAC Liaison.

Agenda Item #4:  Discuss and establish a process for defining the Open Space Authority's role in agriculture and conservation mitigation projects.

P. Congdon introduced the item stating that the City of San Jose had released the Coyote Valley Specific Plan Draft Environmental Impact Report. He stated that he and Director Holtz were bringing the item to the board to discuss the process in which the role of the Authority can be defined as it relates to agricultural and conservation mitigation projects.

P. Congdon handed the item over to V. Holtz.

V. Holtz stated that she would like to have the Board discuss establishing a process to define its role in agricultural and conservation mitigation projects.  She noted there was a lot of opportunity for the Authority to collaborate with other agencies.  She stated that the Authority was mentioned several times in the Coyote Valley Specific Plan as a manager of a greenbelt.

She noted that there were a number of mitigation plans (such as Morgan Hill’s) which differ from LAFCO’s mitigation plans. 

She stated that she thought the Board had steps to take to understand what its role was in the larger scheme of things and to develop an Agricultural Conservation Mitigation policy.

J. Foran noted that the Authority had a Mitigation Policy though no Agricultural Conservation Policy.

S. Hall stated that the Authority also had the advantage of the information being collected through an Agriculture Mitigation Survey being conducted by the CAC.

D. Moore stated that OSA staff assisted the CAC with releasing a survey to acquire information regarding other agency’s agricultural mitigation policies.  He said that the survey had been sent to 22 agencies and the CAC had received 9 completed surveys so far.

J. Foran asked that the Board receive a copy of the survey questions.

S. Hall pointed out that the Board has been informed of the survey and the process which the CAC was going through to obtain the information.

P. Congdon said that he thought it was apparent that the OSA was being looked at for acquiring easements and participation in oversight of mitigation lands. He said that to date the Authority has not made a decision as to how it would like to proceed.  He said he thought it would take several meetings for the Board to develop the process.  He suggested that the second Board meeting of each month become a time when the Board discusses the topic of development for participation and management of mitigation lands.

He said that the discussion should include the basic question of whether or not the Authority would like to be involved.

J. Foran asked if there were any public comments.

C. Edgerton took the podium and stated that the Silicon Valley Land Conservancy had received funding from the Packard Foundation to develop a strategic plan.  He said that two particular items of interest were (1) identifying specific sources of funding; and (2) working with the Open Space Authority.  He pointed out that though the Open Space Authority and the SVLC had not worked together as closely as they could have, it was a very high priority for SVLC to do so.  He stated he would like to be included in committee meetings to discuss agriculture and conservation mitigation lands.

J. Foran asked when the SVLC Board meetings where scheduled.

C. Edgerton stated that the Board meetings were not on a regular schedule. He said the next meeting would be 10:30 a.m., Tuesday, April 17^th at the HP Pavilion.

J. Foran suggested that the Board conduct an all day workshop to discuss the issue.

J. Foran suggested that the director of LAFCO be invited to an OSA meeting to discuss LAFCO’s Agriculture Mitigation Policy.

V. Holtz stated she thought it was important to invite a representative from the City of San Jose to come and talk to the Board about what the OSA’s role is anticipated to be in regards to the Coyote Valley Specific Plan.

C. Edgerton addressed the Board stating that the Task Force engaged SAGE to do a study to consider the Coyote Valley as an agricultural park.

J. Foran suggested that the County Agricultural Department be included in the OSA’s discussions.

V. Holtz stated that it would be good to have the Friends of Coyote Valley Greenbelt (FROG) as part of the discussion.

J. Foran moved to create an ad hoc committee to create an agenda. G. Annable seconded.

V. Holtz made a motion to task the committee to create a work plan, process and a timeline for the Board to discuss its role with agricultural conservation and mitigation lands.

P. Congdon stated that he thought the ad hoc committee should come together to gather information to move forward.

J. Foran stated for the record that A. Kennett, V. Holtz and J. Foran would make up the Agricultural and Conservation Mitigation Workshop Committee.

The Committee agreed to meet on Thursday, May 10^th at 3:00 p.m.

CONSENT CALENDAR

Agenda Item #5:  Review and Approve Section 3.20.090 Non-Discrimination and Unlawful/Sexual Harassment in the Open Space Authority Employee Handbook.

Agenda Item #6:  Adoption of Resolutions Directing Preparation of the Engineer’s Reports for Open Space Acquisition & Maintenance District No. 1 and Open Space Preservation District No. 2.

Motion:  A. Kennett made a motion to approve the Consent Calendar.  S. Hall seconded the motion.  Motion passed 6-0.

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

J. Foran noted that the committee met before the regular Board meeting.

General Manager’s Report

P. Congdon reported that there was a law enforcement incident that occurred on Open Space Authority lands two weekends ago.  He stated he had no new information on the incident.  He said the Authority was working with San Jose Police Department to resolve the case. He noted that, the Authority has subsequently contracted with San Jose Police Department to patrol the area.  He said that staff has been notified of the incident and precautions have been taken as relates to staff’s access to the property and conducting business in the area. 

He reported that on May 10^th David Zippin will be attending the Board meeting to discuss the role of the Open Space Authority as an implementing partner in the Santa Clara Valley HCP.

He stated there was no new information on the Miracle Mountain project.

He said Special Districts Legislative Day was May 14 and 15 and encouraged Board members to attend.

P. Congdon stated that staff has spent much time in the planning process for Sierra Vista.  He stated a traffic study was done and it has been identified that Sierra Road does not meet rural road standards.  He stated that at this time more research needs to be done which includes conversations with the City of San Jose about improving the road.  He said that the planning work done to date is still valid however the feasibility of the staging area in the next year did not look good.  He noted that development of the trail system was still underway.  He said the goal was to try and open up some trail access.

P. Congdon stated that June 2^nd was the date scheduled for the grand opening of the trail openings at Rancho Canada del Oro. He stated that it was also scheduled as the date for an opening for the extension of the Boccardo Trail.

J. Foran requested Mayor Reed be invited to visit the Boccardo Loop Trail opening.

G. Annable asked for more details regarding the City of San Jose Police Department patrol of the Boccardo Trail.

P. Congdon stated that the OSA has entered into a secondary employment contract with SJPD. He stated that a police officer would be patrolling the Boccardo Trail by bicycle on a schedule determined by the Open Space Authority. 

V. Holtz asked P. Congdon for recruitment status.

P. Congdon stated that the Coordinator of Interpretive Programs position has been filled.  He reported that Teri Rogoway started on Monday, April 9.  He said that Michelle Acuna has continued employment with the Authority as Community Outreach and Event Coordinator.

Legal Counsel Report

J. Wittwer stated that he did not have a legal report.

Board Member Reports

Alex Kennett thanked staff for keeping the Board informed of the events on the Boccardo Trail.  He noted that Earth Day was April 22.

Sequoia Hall had no report.

Garnetta Annable asked P. Congdon if he could report on the status of the volunteer trail patrol at a future meeting.

Kalvin Gill reported that he was working hard for the festival on June 24.  He stated he would try and arrange a tour of the festival for staff and the Board.

Virginia Holtz reported that on April 28 Guadalupe Gardens would be having a festival and the OSA would be attending.

Jim Foran reported that he attended the County Planning Commission meeting on behalf of the Bay Area Ridge Trail.  He noted that the City of San Martin incorporation has been introduced to LAFCO.  He said he attended the County Park Commission meeting.

J. Foran called a recess in the meeting and noted that the Board would reconvene to closed session at 8:55 p.m.

The Board reconvened to Closed Session at 8:55

Adjournment

Meeting was adjourned at 10:10 p.m.