The Board Meeting, which was held on May 1, 2007 at the Peralta Oaks Headquarters Building, 2950 Peralta Oaks Court, Oakland, CA, was called to order at 12:45 p.m. by Board President John Sutter.

ROLL CALL

Directors Present:
John Sutter, President
Ayn Wieskamp, Vice President
Ted Radke, Treasurer
Doug Siden, Secretary
Carol Severin, Director
Nancy Skinner, Director

Directors Absent: Beverly Lane, Director

At this time the Board of Directors met in Closed Session to discuss those items outlined on the Closed Session Board Meeting Agenda.

The Open Session of the Board Meeting was called to order at 2:00 p.m. by Board President Sutter.

Staff Present Included: Pat O'Brien, Ted Radosevich, Dave Collins, Bob Doyle, Tim Anderson, Mike Anderson, John Escobar, Randy Carlton, Carol Victor, Anne Scheer, Mimi Waluch, Rita Fesler, Renee Patterson, Carol Johnson, Susan Gonzales, Don Goodenow, Anne Rockwell, Diane Althoff, Anthony Segotta, Steve Myli

President Sutter announced that staff has requested that an item be added to the agenda for this meeting that arose too late to be included in the published agenda. The item would allow the District to enter into a sole source purchase with Nampa Valley Helicopters for the replacement of Time-Limited Main Rotor Transmission Gearbox Components for the Eagle 6 Helicopter. As part of routine maintenance during the week of April 23, 2007, it was discovered that repair, as outlined in more detail in the Board item, was needed to safely fly the helicopter. This was discovered after the board agenda for the May 1, 2007 meeting was posted; therefore staff is seeking the Board's finding that this item should be added to the agenda for the Board's consideration.

The action was moved by Director Wieskamp, seconded by Director Radke, and unanimously approved that it be added to the agenda as Public Safety item C-1.5-a.

A. APPROVAL OF AGENDA

By motion of Director Siden, seconded by Director Radke, the Agenda was unanimously approved.

B. PUBLIC COMMENTS

Daniel Bergerac from the Mudpuppy's concessionaire at Point Isabel, spoke about the success of their dog wash concession, and appreciates the support of the Park District with the ongoing improvements in the area. He noted that there has been positive input and appreciation from park visitors about the work that is being done to improve the Pt. Isabel area, with the recent protective fencing, trail work, etc.

President Sutter then noted that the remaining speakers are here about the Leap of Faith Farms and, as there are quite a few speakers, he asked if any one particular speaker wanted to outline the concerns of the group. He noted, however, that if all want to speak, there will be three-minute time limit imposed.

Mariah Bradford-Urban noted that she and her husband Jim have a lease to own and manage the equestrian facility of Leap of Faith Farms in Walnut Creek. She gave the Board information about the equestrian facility and the property it is on. She noted that the portion of the facility located on Park District land had been used by Pine Creek Equestrian Center for the past 25 years. She noted that she and her husband took over in 2005 and since then has been trying to finalize an agreement with the Park District for this land. She brought a large binder of documents and information about these interactions for each of the Board members. Ms. Bradford-Urban explained her concerns over the history and current status of negotiations between Leap of Faith and the Park District, and requested that the Board read the information in the binder that was given to them to understand and have a clearer picture of what has taken place.

Marisa Samuels spoke on behalf of Leap of Faith Farms, stating that the previous speaker, Ms. Bradford-Urban, covered most of what she would like to say. She strongly recommends that the Board read the information and come by and see the difference in this property. She feels what has happened has been a great injustice, not consistent with District goals. She thanked the Board for their time.

Christine Beler is employed by Leap of Faith Farms and noted that she would like to preserve the farm, as it now has become.

Valerie Vollbrecht, a boarder at Leap of Faith Farms and formerly at Pine Creek. She noted that the pictures do not do justice to what Leap of Faith has done for the property. It has been cleaned up and is a fabulous place now, and they maintain the historic barn.

Doris Ward, a boarder at Leap of Faith Farms and formerly at Pine Creek. She stated she was appalled by the former owners, and now thinks it is quite clean and safe. She stated the new owners have a new vision for their farms and the Park District.

Anne Jones, boarder at Pine Creek and now with Leap of Faith Farms, and is amazed about the beautiful job the new owners have done with this property. She hopes the Board can see it, and feels it is an asset to the community and the neighbors, as well as to the District.

Sharon Mitchell noted she wants to reiterate how much work the new owners have done to make this a green zone. She invites the Board to come see the area.

Victoria Merran noted she feels this is the nicest facility in the area and supports the work that Leap of Faith Farms has done. She feels the Board should support the care that these owners have put into this place.

Zhara McCullough, rides the trails and enjoys the area. She noted the Leap of Faith Farms facility is nice and quiet, but that it doesn't usually get looked at by others who are not equestrians. She encourages a Board field trip.

Karen Leffingwell, noted she feels it is important to have trailers parked on sight in case a horse is sick or injured and needs to be taken to a vet. She also noted that Jim and Mariah (Leap of Faith Farms owners) have done a wonderful job.

Carlynn Otis, former boarder at Pine Creek and now with Leap of Faith Farms, noted she feels the difference is like day and night. She doesn't understand why some of the land cannot be used for the trailers. It is a gorgeous facility and they have worked hard to make it safe.

Susan Harvey, didn't like Pine Creek, but was very happy when Leap of Faith Farms bought it and they have done a great job of fixing it up.

Cyl Locey, noted that she doesn't know anyone in this room, but was interested in this item. If she correctly understands the events it shows that Leap of Faith Farms did all this work, spent $60,000, and then were told they were encroaching on this land. She is asking the Park District to consider correcting an improper way of handling this. The Leap of Faith Farms understood a lease would be signed and this just doesn't seem fair.

Director Radke responded that this is the first time that the Board has been exposed to all this information.

President Sutter said that the Board has not been exposed to the comments that the public has made today, and they will give an opportunity to staff to respond as there are sometimes misunderstandings, some times people misconstrue conversations that they have had with public officials, and sometimes not. They have now been provided with guests' comments and they would now like to hear what staff has to say.

Mr. Radosevich noted that staff would like to give due consideration by reading the binder. In responding to the last speaker, he noted that staff believes that the operation is run well, that's why the District is considering a lease. The lease agreement under discussion is acceptable, and has been signed by the owner, Mr. Peter Paul. So until last week, staff believed that negotiations have been positive. Mr. Radosevich noted that the Park District's concern about selling land is that there are significant environmental issues this Board has had to deal with on several other stables, so the staff feels it is more appropriate for a license or a lease because 5, 10, 15 years from now, they may not be operating, and maybe the old type operation will develop. Once the land is traded away, when someone else owns it, it is out of the District's hands. The District has a much longer term of responsibility, so it believes a lease will allow operation in a manner that the District thinks is appropriate, under terms that the District has negotiated with them, but for the long-term, the public stays in control of the land.

Ms. Bradford-Urban responded about the signed lease with Peter Paul, noting that she has not yet signed it. She noted concern about the way the rent was calculated and also suggested that the stables and the District trade easements and then the District wouldn't need to worry about a bad operator getting manure in the creek.

Director Wieskamp noted that a number of questions have come up, and she needs to know if all the permits were obtained, if the Fish and Game is involved, and if it seems appropriate, she is willing to go on a field trip to see the property. She noted she is pleased with the information they have been given, but she needs to read the information in the binder so that she can give an honest opinion. She noted that the District takes responsibility for whatever they own, and they have responsibility for that creek, and they take it very seriously.

Director Siden agrees with Director Wieskamp and commends the group for their efforts and the information they presented.

Director Severin noted she looks forward to reading the information and congratulates the group about being willing to come and talk with the Board about what they perceive to be the problems.

President Sutter noted the group has stimulated the Board's interests, and noted that staff will also be presenting them with information. He noted that the District needs to be mindful of their responsibilities and one of those relates to the quality of the water. The District is subject to regulatory agencies just as private parties are, and sometimes they have had problems with stables near creeks. So there are concerns going beyond what has been discussed today that the Park District has to be mindful of. He noted that they do appreciate the group coming today and for the very thorough presentation.

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

Regarding Items C-1-d & f, President Sutter had questions.

By motion of Director Radke, seconded by Director Wieskamp, the Consent Calendar was unanimously approved.

• C-1-a Approval of Check Listing for the Period of April 7, 2007 through April 20, 2007
  Resolution No. 2007-5-87 (Attached)
• C-1-b Approval of Minutes of the Board Meeting of April 17, 2007
• C-1-c Authorization to Negotiate with Various Property Owners
  Resolution No. 2007-5-88 (Attached)
• C-1-d Authorization to Transfer Funds to a Capital Account for Contra Loma Swim Lagoon Projects.
  Resolution No. 2007-5-89 (Attached)

President Sutter asked if the litigation is now settled. Mr. Radosevich noted that about ten years ago, the Contra Costa Water District advised that they would like to remove swimming from the swim lagoon. As part of the settlement in which they agreed to, 1) build the swim lagoon; 2) pay the District a base amount of $100,000 a year with an inflation factor for excess operational costs; and 3) they would provide the District $500,000 for long-term repair and maintenance. To respond to the District's argument, if you just have an open water swim area, there is never anything to repair. This litigation did not refer to the on-going litigation with Western Water Features. This is separate, and separate from the CEQA litigation.

• C-1-e Authorization to Enter into a Sole Source Contract for Services Agreement with AIRTECH Mechanical Inc. for Monthly Routine and Annual Maintenance Service of the Heating, Ventilation and Air Conditioning Systems for the District's Administrative Headquarters and the Richard C. Trudeau Training Center
  Resolution No. 2007-5-90 (Attached)
• C-1-f Acceptance of Proposal for Architectural Consulting Services for the Delta Learning Center:
  Big Break Regional Shoreline
  Resolution No. 2007-5-91 (Attached)

President Sutter asked 1) if this is enough money to complete the project; and 2) is there any kind of management agreement with the college district.

AGM of Planning/Stewardship & Design Mike Anderson noted they are still working out details with the college. If they are in the project which is what the District has been planning on, then they will have the funds they are need to do this project. If not, plan B would be a smaller visitor center, and not a learning center. It brings down some of the costs but they would still need additional funds.

Director Severin asked about how the name "Delta Learning Center" came about. Mr. Anderson noted that staff just gave it a name so that everyone knows what they were talking about. The name could change in the future.

• C-1-g Authorization to Amend the Existing Contract for Geotechnical Engineering Services:
  Big Break Regional Shoreline
  Resolution No. 2007-5-92 (Attached)
• C-1-h Authorization to Enter Into a Sole Source Agreement with AMS.NET for the Installation of Security
  Cameras and Equipment at the District's Administrative Headquarters and Public Safety Dispatch Center
  Resolution No. 2007-5-93 (Attached)
• C-1-i Authorization to Contract for Appraisal Services with Jesse Smyers
  Resolution No. 2007-5-94 (Attached)
• 1.5 PUBLIC SAFETY
  C-1.5-a Authorization to Enter into a Sole Source Purchase with Nampa Valley Helicopters for the Replacement of Time-Limited Main Rotor Transmission Gearbox Components for the Eagle 6 Helicopter
  Moved by Director Radke; seconded by Director Wieskamp
  Unanimously approved.
  Resolution No. 2007-5-96 (Attached)

AGM of Management Services Dave Collins informed the Board on this item citing information from the staff report.
This is for repairs to the helicopter of the main rotor transmission gearbox components. This emergency replacement was
discovered to be necessary after the agenda was posted. These funds are already authorized in the contract and have been
budgeted.

2. BOARD AND STAFF REPORTS

• C-2-a Actions Taken by Other Jurisdictions Affecting the Park District

General Manager Pat O'Brien reviewed the written material with the Board, stating that he had nothing further to add to this item.

3. GENERAL MANAGER'S COMMENTS AND COMMUNICATIONS

General Manager Pat O'Brien introduced Trades Manager Don Goodenow who updated the Board on the various issues and projects within his unit. He gave a PowerPoint presentation showing some of the many projects that his department is working on, or have completed, such as the "Cow Palace" at Tilden Nature Area, the potting shed and shade structure at Camp Arroyo, and the sewer pump lift stations with its unique computer system which can control its use.

President Sutter thanked Mr. Goodenow for the interesting presentation and acknowledged the quality of the people who work for the Park District. Director Siden also thanked Mr. Goodenow noting that he especially enjoyed the visual presentation of these projects. Director Wieskamp noted that she thinks the new equipment is wonderful and she appreciates the passion that Mr. Goodenow and his staff bring to the job. Director Skinner commented that she is also excited about the sewer pump lift station. She noted that at her second meeting, when the purchase of some of the new pumps was on the agenda, she had pulled the item because she was curious about whether the District had done any energy-efficient evaluations around them because water pumps use a lot of energy, so she is glad to see that computer box.

General Manager Pat O'Brien reviewed the written material with the Board, stating that he had nothing further to add to this item.

4. ANNOUNCEMENTS FROM THE CLOSED SESSION

President Sutter advised that there were no announcements from the Closed Session, which was held on May 1, 2007.

5. BOARD COMMITTEE REPORTS

• Contra Costa Co. Special Districts Assn. (1/23/07) (Radke)

Director Skinner announced her appointment of former District employee Jean Peters to the PAC committee. She noted that she received a letter from a golf organization that is an advocate for disabled people's use of golf courses and raised a question about the District's golf course not having an ADA golf cart. Mr. Radosevich noted that he has followed up on that and an ADA self-evaluation has been presented to our concessionaires. The District is doing two seminars in the next few weeks with all the concessionaires as part of the District's ADA self-evaluation. Director Skinner commented on the need for more to be done as far as making all public agencies more ADA compliant.

Director Severin noted she just returned from a trip to Savannah, Georgia that she enjoyed. She noted she will be attending the CARPD conference in Tahoe this week where Recreation Unit Manager Dave Yoas and Reservation Manager Tiffany Margulici will be presenting a session.

Director Radke brought in a copy of the East Contra Costa County magazine "110 Degrees" that had an article about the District Trails Development and Program Manager Jim Townsend and the Park District trails in East Contra Costa County. Director Radke noted that he attended a Delta Science Center meeting and they have completed a $50,000 grant. They also discussed the planning for the May 19th preview of Big Break being put on by the Public Affairs Department. He and Jim Townsend also attended a county hearing held at Bay Point about Senator Torlakson's request for additional funding from some mitigation money that the county has held for ten years to be used for Big Break and trail opportunities. Director Radke noted he attended with Director Siden the annual Legislative Luncheon at Frank Fats in Sacramento; he went to Earth Day at Bay Point for Senator Tom Torlakson's "Shoreline Clean Up," noting that Shoreline Unit Manager Mark Ragatz and his family were also there volunteering. He noted the upcoming labor environmental group meeting on May 16th with the San Ramon City Manager as a guest. He would like an update about the Faria issue for that meeting. He will be attending George Miller's birthday party at which Nancy Pelosi will also be attending.

Director Wieskamp attended the Newark "State of the City" and noted they really have their act together and celebrated with a band and a youth group chorus. She noted she would like to get them to the parks. She had a meeting on Doolan Canyon with the Livermore and Dublin representatives of the JPA discussing the status of their agreement. It continues that they have no interest in development occurring in the canyon at this time. She brought an article by Bob Comber who uses our trails in his wheelchair. The upcoming 60th anniversary of Livermore Area Recreation & Park District is May 17th. She noted the Wildflower show is coming up at the Oakland Museum; and the fishing derby at Shadow Cliffs is this week. She noted that she is interested in a field trip to see the Leap of Faith Farms. She also attended the Finance Committee and the Operations Committee meetings.

Director Siden attended the Frank Fats Legislative Luncheon in Sacramento; he attended the Coliseum Area Committee meeting at which he spoke and gave an update within the Park District; he attended the League of Women Voters meeting; he and Director Severin will be attending the Alameda County Special District's meeting; and Thursday the Oakland Mayors Economic Summit. He's having coffee with Jeff Mitchell, editor of the Alameda Journal; he will be attending the Horace Carpentier dinner; the Ward 4 Community Breakfast; and the CSDA Conference. Director Siden commends the new District publication "The Leaf"; he noted he heard from the past president of the Oakland Zoo Board of Directors who is now president of the foundation and they would like to meet with the District about the renewal of Measure AA and how they can participate. He also noted that the Oakland Strokes would like to meet.

President Sutter noted he would like an update from staff on the Oakland Strokes and the proposed agreement with them. He would also like an update for the Board on the District's interest if any on the Camp Parks property. He noted he has been away for the past three weeks, but attended the Conservation Committee of the Bay Chapter of the Sierra Club which had a presentation made by Norman LaForce on the Measure AA extension. Director Sutter noted that he answered a few questions and noted that there was a lot of interest in that group. He shared an article about the newly appointed director, Alexander Zwissler, at Chabot Space and Science Center. He noted he hopes there is good attendance at the Horace Carpentier dinner next week.

7. BOARD COMMUNICATIONS

D. PUBLIC COMMENTS

There were no public comments.

E. ADJOURNMENT

The Board Meeting was adjourned at 3:40 p.m. by President Sutter

Sharon Marshall, Clerk of the Board

Attachments:
Visitors Log
Resolution Nos. 2007-4-87 through 2007-4-96
Board Committee Reports

Back to top