The Board Meeting, which was held on July 3, 2007, at the Peralta Oaks Headquarters Building, 2950 Peralta Oaks Court, Oakland, CA, was called to order at 12:40 p.m. by Board President John Sutter.

ROLL CALL

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

At this time the Board of Directors met in Closed Session to discuss items as listed on the Board Meeting agenda.

The Open Session of the Board Meeting was called to order at 2:10 p.m. by Board President Sutter.

Staff Present Included: Pat O'Brien, Ted Radosevich, Dave Collins, John Escobar, Mike Anderson, Carol Victor, Shelly Lewis, Randy Carlton, Rosemary Cameron, Tim Anderson, Jack Kenny, Nancy Wenninger, Mimi Waluch, Diane Althoff, Audrey Som, Sharon Marshall, Stephen Gehrett, Anne Rockwell, Pam Burnor, Brian Wiese, Liz Musbach, Kim Fisher, Robert Ploss, Janette Moon, Zenaida Trinidad, Colin Ross, Glenn Gilchrist, Sophia Zander, Ren Bates, Michael Padilla, Francisco Mariscal

A. APPROVAL OF AGENDA

By motion of Director Siden, seconded by Director Wieskamp, the agenda was unanimously approved.

B. PUBLIC COMMENTS

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

Regarding Item C-1-l, this item was pulled by staff for further discussion.
Regarding Items C-1-c, g & m, Director Siden had questions and/or comments.
Regarding Item C-1-k, President Sutter had a question.
Regarding Items C-1-f & m, Director Severin had questions.

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

• C-1-a
  Approval of District Check Listing for the Period of June 9, 2007 through June 22, 2007
  Resolution No. 2007-7-151 (Attached)
• C-1-b
  Approval of Minutes of the Board Meeting of June 5, 2007
• C-1-c
  Authorization to Enter into License Agreement and Grant a Temporary Drainage Easement to Peter Paul and Leap of Faith Farms, LLP: Diablo Foothills Regional Park
  Resolution No. 2007-7-152 (Attached)

Director Siden asked for clarification about the rent. Mr. Doyle noted that the rent is being brought up to date where it should have been. President Sutter asked if the differences have been worked out and what are the changes between the way the lease was and the current lease. Mr. Radosevich noted that the current lease is the same as the one that staff had signed before. He noted that staff has discussed District issues with the operators and he feels the operators now have a better understanding of its concerns with respect to the trailers and the need for permits.

• C-1-d
  Approval of Castle Rock Arabians Lease Addendum in Castle Rock Recreation Area, Diablo Foothills Regional Park
  Resolution No. 2007-7-153 (Attached)
• C-1-e
  Authorization to Enter into a Contract for Services Agreement with Tom and Sharon Duggins to Provide Caretaker Services at Big Break Regional Shoreline
  Resolution No. 2007-7-154 (Attached)
• C-1-f
  Authorization to Extend the License Agreement with Shadow Cliffs Water Park Associates at Shadow Cliffs Regional Recreation Area
  Resolution No. 2007-7-155 (Attached)

Director Severin noted that she is pleased that the District has extended this agreement. Director Siden asked about the last paragraph of the staff report where it notes the operator seeking funding, i.e., "capital funding being required for improvements is being negotiated with local investors." Director Siden asked if this is a shift in their strategy for getting funding. Mr. Anderson noted that the operators has been working on a lot of different creative opportunities for funding, so it is not a change.

• C-1-g
  Acceptance of Bid for the Levee Repairs at Ponds 3A and 3B: Hayward Regional Shoreline
  Resolution No. 2007-7-156 (Attached)

Director Siden asked where the District stands should another levee wash away in another storm and where would the District obtain the money for the repair. Chief of Design and Construction Diane Althoff noted that some of the repairs being done are funded by the FEMA money that was received last year.

President Sutter asked if the District qualifies for grants. Grants Manager Jeff Rasmussen noted that the District has received grants from State Parks to work on the project.

• C-1-h
  Authorization for Sole Source Purchase of Herbicide for Spartina Management
  Resolution No. 2007-7-157 (Attached)
• C-1-i
  Authorization to Purchase Tires
  Resolution No. 2007-7-158 (Attached)
• C-1-j
  Approval of Changes to Various Staff Positions in Planning/Stewardship & Development Division
  Resolution No. 2007-7-159 (Attached)
• C-1-k
  Oyster Bay Regional Shoreline; Bay Trail, Oyster Bay Trail Bridge, Environmental Contract Amendment
  Resolution No. 2007-7-160 (Attached)

Chief of Planning & Stewardship Brien Wiese addressed the Board citing information from the staff report. President Sutter asked about the status of the funding for this project. Mr. Wiese noted that they are about $1.5 million short at this point. Mr. Rasmussen noted that the City of San Leandro received about $700,000 from a Federal earmark a couple of years ago. Recently, ACTIA awarded them $1.5 million of Federal local funding for the bridge; however, more funding is still needed and the District will be meeting with the City on August 1 to discuss this.

Director Skinner asked that even though funding is not yet "in hand" for the bridge construction, is the project moving ahead on the soil part and the design aspects. Mr. Wiese noted that it was the arrangement with the City that the District would do the environmental work, get all the permits, and get it ready for the City to fund and build the bridge.

• C-1-m
  Authorization to Extend Contract with Madison Sproul for Branding Design Services
  Resolution No. 2007-7-162 (Attached)

Director Severin noted that she is pleased that this contract has been extended, and that District material is now more easily identified. Director Siden commended GM O'Brien, AGM of Public Affairs Rosemary Cameron, and Community Relations Manager Carol Johnson for the excellent quality of the publications and the very attractive new look.

• C-1-n
  Certification of Funding Availability for a Grant Application to the Land and Water Conservation Fund for Construction at Big Break Regional Shoreline
  Resolution No. 2007-7-163 (Attached)
• C-1-o
  Authorization to Enter into a Contract with Leckey Consulting, Inc. for a Business Process Review
  Resolution No. 2007-7-164 (Attached)
• C-1-p
  Award of Contract for District Fish Requirements for 2008-2009
  Resolution No. 2007-7-165 (Attached)
• C-1-q
  Authorization to Adopt Resolution in Support of the Proposed Vector and Disease Control Assessment Increase for the Alameda County Vector Control Services District
  Resolution No. 2007-7-166 (Attached)

The following item was removed for further discussion:

• C-1-l
  Authorization to Transfer Funds and Acceptance of Bid for Trail Rehabilitation: Iron Horse Regional Trail
  Moved by Director Lane, seconded by Director Radke
  Unanimously approved.
  Resolution No. 2007-7-161 (Attached)

Chief of Design and Construction Diane Althoff reported that staff has pulled this item because there is a new Exhibit A to be replaced and also a Budget Change Form to be added. Ms. Althoff then reviewed the minor changes to Exhibit A with the Board. Director Siden noted that a prior bid was rejected a few years ago, and asked how this bid compares with dollar amount or are specifications different. Ms. Althoff noted there are five changes to the specifications, but that the dollar amount is not that different.

Director Lane noted that she is very pleased to accept this bid and is looking forward to seeing this project accomplished.

Director Lane moved this item for approval and Director Radke seconded it, with the replacement of Exhibit A and the added Budget Change Form. Unanimously approved..

2. LAND DIVISION

• C-2-a
  PUBLIC HEARING: Approval of Resolution Declaring the Acquisition of Certain Real Property Rights Necessary for Pleasanton Ridge Regional Park, and Authorizing the Acquisition Thereof (Affects APN 941-2300-001-10) and Transfer of Funds: Pleasanton Ridge Regional Park
  Moved by Director Wieskamp, seconded by Director Radke
  Unanimously approved.
  Resolution No. 2007-7-167 (Attached)

Land Acquisition Manager Nancy Wenninger addressed the Board on this item, citing information from the staff report.

President Sutter opened the Public Hearing.

Larry D. Butler, the property owner in the Tehan Canyon (Pleasanton Ridge), addressed the Board stating he is here to register his opposition to this necessity to acquire his piece of the Tehan property by Eminent Domain. Mr. Butler noted that when he and his partners purchased this property, there were two parcels. Eventually his three partners sold their share of the property to the District. He noted he was willing to give the Park District an easement to improve public access, but he would like to keep the property. He noted that he feels the District is putting him in a difficult position, and that it will be costly to him having to hire an attorney to protect his property. Mr. Butler read his solutions from a copy of the letter he had sent to the District.

President Sutter noted that the amount of compensation is not an issue here. The issue is a proposed resolution of necessity as to whether or not the District should proceed with Eminent Domain. Mr. Butler noted that he feels that the appraisal was not correctly done. He noted that he felt it should meet the Government Code, and be Fair Market Value for what the property has to offer. Mr. Butler asked the Board to consider his opposition to this recommendation.

Mr. Doyle noted that the reason the District needs this whole piece of property is because the zoning on this property is very restrictive He also noted that this is a narrow canyon, and that one of the four property owners who agreed to sell to the Park District retained a home site. That home site occupies a portion of the original parcel that was cut out from that parcel. It is in the least visible location, and does not conflict with where people would come into the canyon. The remainder of the property is basically in a box canyon, and the falls are further up the canyon. Mr. Doyle stated that it is a very steep piece of property and any other uses such as buildings in that area would have an impact, not only on the public's use and enjoyment, but on the physical character and natural resources in that stream canyon. The District is seeking to see this area protected. The appraisal and the offer have been updated, and the District would like to resolve this. Mr. Doyle noted that it is necessary for the District to own the entire 100% interest so that they can have an option to build a trail, be able to manage the public in that canyon, and protect those natural resources.

President Sutter asked if the District's General Counsel Ted Radosevich has any comment on the claim that the appraisal was not properly done. Mr. Radosevich noted that the issue of compensation is a matter for the jury to decide, not one of the four factors for the Resolution of Need and Necessity. He added that if staff has nothing more to add, he would recommend closing the public hearing.

Mr. Butler stated that he would like to give a different viewpoint. He noted that originally the property was two parcels, a 10-acre parcel and a 110-acre parcel. A farm house burned down on the 10-acre parcel, but the property was entitled to a building site for each parcel. He asked that the Board listen to a different point of view. He noted that the City of Pleasanton had 25 acres of this parcel and their influence and the zoning is different. He noted that he doesn't feel he should be insulted, as he is doing the best he can to represent himself to the Board. He invites the Board to call him.

There were no further comments, so President Sutter closed the Public Hearing.

Director Severin asked if there was ever an attempt to acquire a trail easement on this property. Mr. Doyle noted that over the 20 year history, different proposals were made. He noted that it was the opportunity to purchase the entire property from the rest of the property owners that resulted in the first purchase. The trail planning and the environmental constraints on the canyon have been moving forward. Some development occurred below this property – the preserve area -- which is in the City. With constraints to enter the canyon, staff had to look at realigning the trail to access Garms Ranch from a different direction. The desire of the Park District is to acquire this property so that there is a good corridor connection into the park.

Director Wieskamp made the motion to approve, noting that public access to the park is important. Director Radke seconded the motion, and the item was unanimously approved. Director Radke noted that he hopes a mutual agreement can be reached.

Director Siden asked what the next step would be. Ms. Wenninger noted that the action will be filed by District Counsel to move forward with the Eminent Domain action. She noted that the District always follows a parallel track at continuing to negotiate. Mr. Doyle noted that the court will require the District to do that anyway.

3. BOARD AND STAFF REPORTS

• C-3-a
  Actions Taken by Other Jurisdictions Affecting the Park District

GM Pat O'Brien then reviewed the written material, stating that he had nothing further to add to these items.

4. GENERAL MANAGER'S COMMENTS AND COMMUNICATIONS

GM O'Brien introduced Design Manager Audrey Som who brought her staff and gave a brief PowerPoint presentation highlighting a few of the capital projects that Design staff are currently working on, or have completed. The Design Department staff introduced themselves: Glenn Gilcrest, Civil Engineer; Colin Ross, Senior Civil Engineering Technician; Michael Padilla, Drafting Technician; Zenaida Trinidad, Senior Civil Engineering Technician; Kim Fisher, Landscape Architect; Ren Bates; Senior Park Designer; Sofia Zander, Drafting Technician; Janette Moon, Landscape Architect; and Bob Ploss, Senior Park Designer. Charles Peters, Architect, and Francisco Mariscal, Civil Engineer were both absent. As the PowerPoint presentation was shown, some of the staff noted the projects that they worked on.

President Sutter noted that the Board has seen some of these projects while on Field Trips and stated that they look good. Director Siden and the others directors stated that the staff has done a good job.

GM O'Brien then announced that the "soft launch" of the new District website has begun. He noted that the Public Affairs Department staff will monitor how well it is working for people, and then make adjustments as necessary.

GM O'Brien reviewed the written material, stating that he had nothing further to add to these items.

Director Siden asked Police Chief Tim Anderson about their staff being able to handle all the events that have happened in his department lately. Chief Anderson noted that it has been busy but that everything has been addressed.

President Sutter asked about the bicycle accidents at Briones and at Redwood; were these on single track trails, and/or were they legally on the trails. Chief Anderson stated that they were both on a fire road legally.

Director Radke noted a fire that was accidentally started at Martinez Shoreline by one of the District employees while mowing.

5. ANNOUNCEMENTS FROM THE CLOSED SESSION

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

6. BOARD COMMITTEE REPORTS

1. Operations Committee (5/16/07) (Wieskamp)
2. Natural & Cultural Resources Comm. (5/31/07) (Lane)

7. BOARD COMMENTS

Director Skinner noted that she had a wonderful bird watching trip in the Panama, where she saw over 300 species of birds. She noted that she and Director Radke attended the Contra Costa Shoreline JPA meeting in Pinole. Director Skinner noted that she had a meeting in Supervisor John Gioia's office with members of the El Sobrante Community Service Recreation (CSR) which is an unincorporated area appointed by the county. They are interested in open space land in the El Sobrante Valley area which is actually in the City of Richmond. They wanted to know if the District had any interest in this land. They felt that El Sobrante was not really served by a number of District parks, that they have an interest in making sure that Richmond zones this area properly, and that they have an interest in knowing whether the District has an interest in that land to expand Wildcat Canyon. They are interested in the Measure AA extension and how they can access the local area monies. Director Radke stated that the money goes to the nearest eligible jurisdiction. Director Skinner noted that they are going to suggest having a meeting with the District's Land Department staff.

Director Skinner noted that she was recently riding her bike on the Bay Trail, and noted the lack of signage issues that were brought by CESP and others. She noted that the trail leads you right into the Golden Gate parking lot, but there is no signage where the trail ends. If you are unaware of where to go, you end of taking the surface streets. GM O'Brien noted that staff will contact the City of Richmond as it is their area.

Director Radke noted that the Martinez Shoreline had a fire near Granger's Wharf. He noted that the Richmond Liaison Committee meeting is coming up, and that Richmond Councilman Tom Butt had previously mentioned the freeway signage. GM O'Brien noted that it is on the agenda. Director Radke noted that at the Contra Costa Shoreline JPA meeting in Pinole, two items that the committee had hoped to take action on were: 1) the trail in Hercules, where they hope the District could move the project up on the Design and Construction schedule; and 2) Council member and Vice Mayor Pete Murray had stated 16 years ago that one of his main goals was a shoreline trail. One of the issues that was brought up was a request to have a legal review done on the agreement with the railroads for access points. Mr. Radke noted that Jim Townsend has the details. Director Skinner noted that more steps need to be taken on this, and that the group is earnest in getting this completed. Director Radke noted there was a barbeque contest at Martinez Shoreline with a lot of people in attendance, and there was a major horse event there as well. The Martinez Chamber of Commerce sponsored the barbeque, but he wondered if it was coordinated with District staff. He noted he went camping last weekend and saw an osprey catching fish.

Director Severin noted that she enjoyed the Board meeting held in Brentwood; she attended the HASPA meeting where global warming was discussed. She attended the retirement for Hayward City Manager Jesus Armas, Director Severin asked about the Middle Harbor jazz group event on July 28th. GM O'Brien noted that the District was informed and they will reimburse the District for any costs or damages. Director Severin noted that Cull Canyon would be opened for the 4th of July.

Director Wieskamp noted it was good to be in Brentwood and the weather was actually cool. She attended the Board Operations Committee, the Board Executive Committee meeting, and the Finance Committee meeting. She enjoyed the
local parade with Brenda Montano as the District squirrel. She attended the Friends of Coyote Hills meeting regarding concerns at Patterson Ranch; she noted that she attended Jo Frisch's retirement party in Sunol and it was wonderful. Coming up is the Newark Mayor's Conference.

Director Siden noted that he appreciates going to Brentwood for the District Board Meeting; he followed up the community leadership breakfast and met with Oakland Councilman Larry Reid who said he will give his support for an AA Extension; he also met with new Oakland Unified School District Board member Christopher Dobbins, who has been appointed as one of the JPA representatives for the Chabot Space and Science Center. He attended the PAC meeting; and the leadership breakfast. Coming up is the Alameda parade with the District fire truck and/or Smokey the Bear; and breakfast follow-ups. He noted that this week the MLK day camp is going on; next week the Alameda County Special Districts Assn. meeting on July 11; on Thursday the 12th, he'll attend the San Leandro Chamber of Commerce "Ask the City Manager" meeting; and Friday he is meeting with Crown Beach Park Supervisor Anne Rockwell. On Saturday the 14th, the family of former Shoreline Unit Manager Ray Dawson is having a get together at the MLK Shoreline Center.

Director Lane shared a few District-related articles from the Yodeler, the Diablo magazine, and an ad for the 4th of July parade; she noted she has visited some of the parks; and while she was on the Iron horse trail, she met a hiker who suggested mileage markers on the trail. She went to Pt. Pinole for the history walk; to Magee Park and met with staff; she attended the Concord Naval Weapons Station meeting; she attended the fund raiser event for Congressman Jerry McNerney; and she enjoyed Jo Frisch's retirement party.

President Sutter noted that he enjoyed the Brentwood meeting, especially the layout of the Board room and hopes that District staff is working on doing something similar for the Peralta Oaks Board room. He noted that he has been away most of the time since the last meeting. Coming up is the Alameda County Mayors Conference; and the Land Session.

E. PUBLIC COMMENTS

Ellen Barth, CESP, expressed her thanks again for the Albany Bulb rest room. She noted the plans for the Bay Trail behind Golden Gate Fields and hopes this will happen.

The Board Meeting was adjourned at 4:00 p.m. by Board President Sutter.

SHARON MARSHALL, Clerk of the Board

Attachments:
Visitors Log
Resolution Nos. 2007-7-151 through 2007-7-167
Board Committee Reports

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