FINAL

MINUTES

 

SANTA CLARA COUNTY OPEN SPACE AUTHORITY

Regular Meeting of the Board of Directors

Thursday, May 24, 2007

Meeting 07-10

 

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

 

Jim Foran, Alex Kennett, Virginia Holtz, Sequoia Hall, Kalvin Gill, Mike Potter, Garnetta Annable arrived at 6:41 p.m.

Members Excused Absent

 

None

Staff Present

 

Patrick Congdon, General Manager

Bill Parkin, Legal Counsel

Lauren Crook, Clerk of the Board

Jayne Brownlee, Accountant

Gerard Van Steyn, SCI Group

Public Present

 

Dorsey Moore

Paul Nam, ROMP

Gregg West

Jessica DeBolt

 

CONVENED TO CLOSED SESSION

 

6:31 P.M.

RETURN FROM CLOSED SESSION

 

7:03 P.M. 

 

B. Parkin reported that the item on the Closed Session agenda marked “Negotiations with the Labor Negotiator” has been concluded, and that the Board will take formal action on the General Manager’s contract in open session.

OPEN SESSION

 

Chairperson Jim Foran called the regular meeting of the Santa Clara County Open Space Authority (OSA) to order at 7:04 p.m.

PUBLIC PRESENTATIONS

 

Paul Nam of ROMP stated that he would not be able to attend the Hike Bike Hoof and Roll event on June 2nd.  He said he was very appreciative of the newly available access to bicycles at Rancho Canada del Oro.

ADOPTION OF THE AGENDA

 

A. Kennett moved to adopt the agenda. S. Hall seconded the motion. 

The motion passed 7-0

MINUTES

 

Minutes of April 12, 2007

 

Motion:  A. Kennett moved to approve the minutes of April 12, 2007.  V. Holtz seconded the motion. The motion passed 7-0.

 

 

Minutes of April 26, 2007

 

Motion:  V. Holtz moved to approve the minutes of April 26, 2007.  M. Potter seconded the motion. 

 

J. Foran asked for amendments as follows:

 

Page 2:  J. Foran noted that the Board would like to see no development in rural ranch lands.  He stated the Board  and stated he would like to stay informed of the status of the project. 

 

V. Holtz and M. Potter accepted the amendments to the motion. 

The motion passed 7-0.

 

 

Minutes of May 10, 2007

 

Motion:  M. Potter moved to approve the minutes of May 10, 2007.  S. Hall seconded the motion. 

 

The motion passed 6-0.  A. Kennett abstained.

 

 

WRITTEN COMMUNICATIONS

 

None

NEW BUSINESS

 

Agenda Item #1:  Review and approve CAC Work Plan for 2007/2008.

 

P. Congdon introduced the item stating that the Administration and Budget Committee added the item: “Outreach to parks & recreation commissions and committees to encourage participation in 20% funding program” to the CAC work plan.

 

D. Moore stated it was a good addition to the work plan.

 

B. Parkin pointed out that the sentence “Any significant changes to this Work Plan must be approved by the CAC and the OSA board of Directors” should be removed from the document since the Board can make such changes at its discretion.

 

The Board agreed to the strikeout.

 

Motion:  A. Kennett made a motion to approve the CAC Work Plan.  S. Hall seconded the motion. 

 

The motion passed 7-0.

 

 

 

Agenda Item #2:  Adoption of Resolution Setting Public Hearing Date to Adopt Annual Budget for Fiscal Year 2007/2008.

 

P. Congdon introduced the item stating that he would be reviewing the budget numbers with the Board.  He reviewed the list of staff goals as noted in the Board Report.

 

P. Congdon pointed out that the item “Endowments – VTA” listed at $45,500 is only a placeholder item.

 

P. Congdon stated that the increase in the percentage of HR costs in relation to the entire budget is due to increase in staffing and the associated costs such as health care and retirement.  He noted that the increase in salaries include a cost of living increase of 2.5% for all staff.

 

P. Congdon stated that it is anticipated that a little over $500,000 would be held in reserve for the fiscal year 2007-2008.

 

 

Motion:  A. Kennett made a motion to approve Resolution 07-21.  S. Hall seconded with an amendment to include an item in the list of staff goals to include a Board Retreat.  A. Kennett agreed to the amendment.

The motion passed 7-0.

 

 

Agenda Item #3a:  Resolution Accepting the Preliminary Engineer’s Report, Declaring its Intention to Levy an Annual Assessment and Providing Notice of Public Hearing for Renewal of the Open Space Acquisition & Maintenance District No. 1.

 

P. Congdon introduced the item and stated that Gerard Van Steyn from SCI Group was in attendance to answer any questions.

 

G. Van Steyn addressed the Board and asked if he could answer any questions.

 

 

Motion:  V. Holtz moved to approve Resolution 07-22.  M. Potter seconded the motion.

 

No comments were made by the public.

 

The motion passed 7-0.

 

 

Agenda Item #3b:  Resolution Accepting the Preliminary Engineer’s Report, Declaring its Intention to Levy an Annual Assessment & Providing Notice of Public Hearing for Renewal of the Open Space Preservation District #2.

 

 

G. Van Steyn addressed the Board stating that he could answer any questions.

 

Motion:  K. Gill moved to approve Resolution 07-23.   A. Kennett seconded the motion. 

 

No comments were made by the public.

 

The motion passed 7-0.

 

 

 

Agenda Item #4:  Discuss and provide comments on updating the Mitigation Acceptance Policy.

 

J. Foran asked the Board for their input regarding how best to proceed.

 

P. Congdon stated that some sections of the current Mitigation Policy should be updated.

 

A. Kennett stated that it was hoped that the Committee could make amendments

 

P. Congdon said he thought that would be the best way to address making any changes.  He said that the topics of endowments and management responsibilities should be addressed.

 

G. Annable stated that she was under the impression that the purpose of the Committee was to develop an agenda for a full-Board workshop to discuss the policy and not to begin work on the policy itself.

 

P. Congdon stated the process should address all levels of mitigation including agriculture and conservation in the Mitigation Policy.

 

V. Holtz stated it was her understanding that the AdHoc Committee was to develop a work plan that included the agriculture conservation easement update.  She said that she also understood that the Authority was going to be seeking information from other agencies that had already developed mitigation policies. 

 

Board discussion continued.

 

A. Kennett stated he would like to set a date and time for the next Agricultural and Conservation Mitigation Land Workshop Committee meeting.

 

J. Foran stated that it was his sense from the Board to have the Ad-Hoc Committee look into the broader issue of agricultural preservation including the Authority’s purchase of conservation easements to potentially accept ag lands designated as agricultural mitigation lands by the entities that are required to do agricultural mitigation.  Also whether the Authority would accept in-lieu fees without those parcels being acquired by Authority, at which the Authority would serve as the mitigation manager for the outside agencies.  And under what circumstances in which the Authority should or should not proceed.

 

Board discussion continued.

 

The Committee set the next meeting date as Tuesday, June 5th at 10:00 a.m. at the OSA Administrative Office.

 

 

Agenda Item #5:  Approve Amendment to General Manager Contract.

 

J. Foran introduced the item stating that Board undertook their annual review of the General Manager’s performance and approved a change to the existing agreement.

 

Motion:            G. Annable moved to approve Resolution 07-24.   A. Kennett seconded the motion.  The motion passed 7-0.

CONSENT CALENDAR

 

No items on consent

 

INFORMATIONAL REPORTS

CAC Committee Update (from liaisons) &

Agricultural Project Update

 

G. Annable reported that Trixie Johnson, a member of FROG, did a presentation for the CAC.

Acquisition Committee

 

P. Congdon stated that a potential property had come to the Authority and he went out to look at it.  He said that the property has two to four building sites and the Authority was approached to see if the OSA could purchase the property.  He stated that it was the Acquisition Committee’s decision, based on cost, to not pursue the project further.  He said staff would monitor the project and he would notify the Board if any new developments arose.

 

G. Annable stated the Committee was working on changes to the Acquisition Evaluation Checklist.  She stated that they were also looking at reviewing the Study Areas.

Use & Management Committee

 

None

Administration & Budget Committee

 

No report.

Agriculture and Conservation Mitigation Workshop Committee

 

No report.

General Manager’s Report

 

P. Congdon reported that staff will be bringing a report to the Board for their input regarding the Sierra Vista project.  He reported that staff had hit a road block in moving forward on the staging area project due to a traffic study that identifies a 1.6 mile section of road that is within the purview of the City of San Jose as being sub-standard when it comes to that section of Sierra Road.  He noted that improvement of the road is not a priority within the City’s plan.  They stated that they could not provide any assistance to the Authority in improving the road.  He said the Authority was looking into what the costs would be to improve the road.  He noted that if the project doesn’t move forward, the Authority would have to return any grant funding received from the Coastal Conservancy related to the staging area.

Legal Counsel Report

 

William Parkin stated that he did not have a legal report.  He did express his thanks for the good wishes he received from the Board during his recovery.

Board Member Reports

 

Alex Kennett had no report.

 

Sequoia Hall stated that on behalf of the Authority he was presented with a framed resolution from the Board of Supervisors honoring the Authority’s work in trail development in Santa Clara County for the June 2nd opening of trails at Rancho Canada del Oro and for National Trail Days.

 

Garnetta Annable reported that she attended the Water District’s Silver Award.

 

Virginia Holtz reported that she attended the latest HCP meeting; she noted that she would like to add the liaisons and their particular representation to the agenda.

 

Mike Potter stated he would be attending the Special District Association lunch.

 

Kalvin Gill reported that he has been letting people in his community know about the OSA’s June 2nd event.  He noted that he was looking for volunteers to work in the booth at the Punjabi Mela on June 24.

 

Jim Foran stated he attended the Wildlife Corridor Forum; he attended the opening of the Dowdy Ranch.

 

Jim Foran asked if Greg West, the Park Commission liaison had any comments. 

 

G. West noted that the contract for planning for the Martial Cottle Park had been reviewed by the Commission.

 

Adjournment

 

Meeting was adjourned at 9:31 p.m.

 

Respectfully submitted,

Lauren Crook, Clerk of the Board