The Board Meeting, which was held on July 1, 2008 at the Board Room, District Administrative Building, 2950 Peralta Oaks Court, Oakland, CA, was called to order at 12:47 p.m. by Board President Ayn Wieskamp.

ROLL CALL

Directors Present:
Ayn Wieskamp, President
Ted Radke, Vice-President
Doug Siden, Treasurer
Beverly Lane
Carol Severi
John Sutter

Directors Absent:
Nancy Skinner, Secretary.

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 Ayn Wieskamp; Director Skinner joined the meeting at this time.

Staff Present Included:
Pat O’Brien, Ted Radosevich, Carol Victor, Dave Collins, Bob Doyle, Rosemary  Cameron, Mike Anderson, Allen Pulido, Gene Mitchell, Brian Wiese, Everett James, Anne Scheer, Jeff Rasmussen, Susan Gonzales, Diane Althoff, Mark Pearson, John Escobar, Jack Kenny, Tim Anderson.

A. APPROVAL OF AGENDA

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

FOR: Directors Lane, Radke, Severin, Skinner, Siden, Sutter, Wieskamp.
AGAINST: None.
ABSENT: None.

B. PUBLIC COMMENTS

There were no public comments at this time.

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

1.    Consent Calendar

Moved by Director Radke, seconded by Director Lane, the Consent Calendar was unanimously approved.

FOR: Directors Lane, Radke, Severin, Skinner, Siden, Sutter, Wieskamp.
AGAINST: None.
ABSENT: None.

a. Approval of District Check Listing for the Period of June 7, 2008 to June 20, 2008
Resolution No. 2008-7-165 (attached)

b. Authorization to Enter into a Contract for Services Agreement with Emily and Associates
Resolution No. 2008-7-166 (attached)

c. Authorization to Accept Bid for Installation of Freeway Directional Signs: District-wide
Resolution No. 2008-7-167 (attached)

d. Authorization to Amend the Contract with Baseline Environmental Consulting and to Transfer and     Encumber Funds for the Oyster Bay Trail Bridge Project
Resolution No. 2008-7-168  (attached)

e. Authorization to Enter into a Sole Source Contract for Design Consulting Services
Resolution No. 2008-7-169 (attached)

f. Approval of Interim Land Use Plan for Dublin Hills Regional Park
Resolution No. 2008-7-170 (attached)

In response to Director Sutter’s question on policing responsibilities for this area, AGM of Public Safety Tim Anderson stated that absent a specific policing agreement with local agencies, the District assumes primary responsibility. However, he added that discussions are always held with the local police agency whenever a park is opened in another police jurisdiction, especially one surrounded by a subdivision.   Director Sutter asked that Police/Public Safety responsibilities for the area be explicitly stated in the Interim Land Use Plan, as there is currently no mention of it.

Director Lane stated that at a past meeting with City of Dublin staff, one of their parks representative mentioned that as soon as the staging area is complete, the City would be willing to open up the road to allow public access to it.  Director Lane asked District staff to follow up this. 

g. Amendment of 2008 Fees and Charges to Implement Water Craft Inspection Fees at All Park  District Lakes
Resolution No. 2008-7-171 (attached)

AGM of Operations John Escobar and Chief of Park Operations Jack Kenny gave a presentation on the background and various issues pertaining to Zebra and Quagga Mussels, as well as an update on what the District is currently doing on its own and with other agencies to help prevent its spread.  He added that inspection training is being conducted by CA Department of Fish & Game biologists and Contra Costa Water District representatives. District lakes affected by the inspections are Lake Chabot, Del Valle, Contra Loma, Quarry Lakes, and Shadow Cliffs.  Jack Kenny stated that public education programs are being conducted and include the distribution of handouts and the posting of signs at boat launch areas.  He added that staff is also proposing the closure of all lakes to private boating for 3 months starting in November to enable them to study the effectiveness of the inspection program.

Director John Sutter stated that although the inspections make sense, he believed in postponing its implementation as he was concerned with the public’s displeasure to the delay it will cause, in addition to the fact that fees will also be collected.  Director Sutter suggested conducting an initial educational phase this year.

In response to a question by Director Radke, Jack Kenny stated that the duration of the inspection process will depend on the type of boat, but will be between 10 to 15 minutes per trailered boat, while kayaks will take less than 5 minutes.  A survey also showed that the times between 6:00 a.m. and 8:00 a.m. are expected to be the busiest. While the inspection fees are non-refundable, a boat that fails an inspection will be refunded the boat launch and parking fees.  As is practiced in Santa Clara County, it is proposed that a plastic band will be attached between an eyelet on the boat and the trailer; boats coming back to District lakes with this band intact will not be charged another inspection fee. 

Director Ted Radke concurred with Director Sutter’s suggestion of postponing collecting fees for the inspection, stating that it is only a pilot program at this point.  He added that while it is necessary to move forward, minimizing the inconvenience to park users is more important.  Director Radke stated that not collecting the estimated $20,000 in inspection fee revenues can be absorbed at this time.

AGM Escobar reminded the Board that a budget of $120,000 was approved in June, 2008 to fund staff costs, so that the full cost of the program is greater than the $20,000 that will be lost if fees are not collected.

Public comments included Ellen Barth, who stated that she kayaks at San Pablo Reservoir, where a certificate is handed that allows 30 days between inspections.  Tracy Vernon suggested that heavy users/boaters be allowed to pay a “season pass” to decrease the time spent in the collection of fees.

Director Severin commented that this issue was discussed and recommended for adoption by the Board Operations Committee.  Both Directors Wieskamp and Lane stated that they felt the proposed fees are reasonable.

Director Sutter made a motion, which Director Radke seconded, to approve this item, provided that the collection of fees commence in 2009, with Board Contingency funds be used to cover the costs incurred in 2008.

With a vote of 3 ayes (Radke, Sutter, Siden) and 4 noes (Lane, Severin, Skinner, Wieskamp), the motion failed.

h. Authorization to Accept Bid for Asphalt Paving and Pavement Repairs and Amend the 2008 Budget: Point     Pinole Regional Shoreline
Resolution No. 2008-7-172 (attached)

Director Wieskamp noted that a revised Budget Change Form has been submitted and distributed by staff.

i. Authorization to File an Application for Grant Funds through the Coastal and Estuarine Land Conservation Program
Resolution No. 2008-7-173 (attached)

Director Sutter asked if there was any opportunity for public access; staff will research and provide an answer to the Board.

j. Authorization to Accept Bid for Installation of Sewer, Water Main and Import Fill: Big Break Regional Shoreline
Resolution No. 2008-7-174 (attached)

k. Authorization to Purchase a Yearly Maintenance Agreement from SunGard Public Sector Bi-Tech LLC
Resolution No. 2008-7-175 (attached)           
l. Resolution to Support Pending State Legislation AB 844 (Berryhill) to Deter Metal Theft for Quick Cash
Resolution No. 2008-7-176 (attached)

m. Resolution to Support Pending State Legislation AB 2989 (Fuentes) to Make the Outdoor Environmental Education Program a Permanent Division Within the State Department of Parks and Recreation
Resolution No. 2008-7-177 (attached)   

a.    Report on Survey Results – 2008 Regional Parks Bond Extension

AGM of Finance and Management Services Dave Collins gave a brief introduction on this item, stating that it is the third and final survey funded by the District to provide information to the Board on the proposed November bond measure.  GM Pat O’Brien also mentioned that while this survey had been initially presented to the Legislative Committee, the version to be presented by Dr. George Manross of SRI today consists of a final sample size N=586; the Legislative Committee version had N=451. 

Dr. George Manross gave the following highlights of the survey:
•    Support is 73.5%; 63% definite yes, and 21% probably yes;
•    Support among Opinion Leaders softened by 1.5% from the January 2008 survey;
•    After testing three versions of the Ballot Language, version 2 referencing “restoring urban creeks” showed more support – an increase of 4 percentage points in the “definite yes” voters;
•    Of the “poster projects” polled, “Acquire/Restore Urban Creeks” was highest;
•    33% of those polled stated that today’s economy was in a recession, versus 18% in January 2008. 
•    75% support the establishment of a 7% Contingency Fund.

Dr. Manross stated that at this point in time, he is “guardedly optimistic” of the measure’s passage; the results of the survey indicated that general support continued to hold above 70%, although concerns regarding the general economic conditions were softening support for continuation of the program.

b.    PUBLIC HEARING

Introduction and First Reading of Ordinance Ordering The Submission Of A Proposition Of Incurring Bonded Debt For The Purpose Of The Acquisition And Development Of Regional Park, Recreation And Open Space Facilities And Acquisition And Development Of Local Park, Recreation And Open Space Facilities To The Qualified Voters Of The East Bay Regional Park District At The District Election On November 4, 2008

AGM Dave Collins stated that this item begins the formal step of placing the proposed ballot measure on the November ballot. 

By motion of Director Radke, and seconded by Director Sutter, the Ordinance was read by title only by District Counsel, all further reading of the Ordinance was waived, and the Ordinance was introduced and passed onto the second reading, motion was adopted unanimously.

FOR: Directors Lane, Radke, Severin, Skinner, Siden, Sutter, Wieskamp.
AGAINST: None.
ABSENT: None.

AGM Collins added that the Project List is also part of the Ordinance, and mentioned that a request was received from Board President Wieskamp asking that non-substantive clarifications be received regarding the Project List at this meeting prior to having the Ordinance read for the first time. AGM Collins also mentioned that the Ordinance includes all the definitions and directions that are required to place it on the ballot.

After discussion, the ballot question was revised as follows:

“To continue to restore urban creeks, protect wildlife, purchase and save open space, wetlands and bay shoreline, acquire, develop and improve local and regional parks, trails and recreational facilities, shall East Bay Regional Park District be authorized to issue up to $500 million in general obligation bonds, provided that repayment projections, verified by independent auditors, demonstrate that property tax rates will not increase above the present rate of $10 per year, per $100,000 of assessed valuation?”

The following revisions to Project List’s Project Name or Description were also recommended:

Item 2, Alamo Canal Trail: “…connection under the 580-680 interchange…”
Item 11, Byron Vernal Pools: “… vernal pool wildflower in…”
Item 22, Delta Trail: “…provide a new trail for all users connecting…”
Item 26, Dublin Hills: “Open space preservation and regional trail connections”
Item 35, Iron Horse Trail: “…to north of Concord and south to Pleasanton ends...”
Item 45, Oakland Shoreline: “Assist with the City’s Estuary Plan…”
Item 48, Pleasanton Ridge: delete “primitive” before “camping”
Item 49, Point Pinole: add “center” after “visitor”; insert “visitor” before “interpretive center”
Item 53, Redwood: add semicolon (;) after “habitat”
Item 66, Wildcat Canyon: change Project title to “acquire parkland and improve access”

Public Comments

Ms. Tracy Vernon of Chabot Park Highlands expressed her thanks to the Board for its support of the Dunsmuir Heights Trail, project #27.  She also mentioned that members of her neighborhood are equally supportive, and offered their assistance by handing out flyers and doing some phone banking to help pass the measure.

Mr. Allen Maris of Albany also expressed his appreciation for the District’s efforts and gave his support for the measure.    

3. BOARD AND STAFF REPORTS

4. GENERAL MANAGER'S COMMENTS

Public Safety AGM Tim Anderson gave a brief presentation on the Dui Campaign: “Avoid the 21 and Avoid the 25” for Alameda and Contra Costa counties.

Senior Construction Inspector Gene Mitchell gave a presentation on the District’s Construction Inspection program.

5. ANNOUNCEMENTS FROM THE CLOSED SESSION

President Wieskamp stated that there are no announcements from the Closed Session.

6. BOARD COMMITTEE REPORTS

D. PUBLIC COMMENTS

There were no public comments at this time.

E. ADJOURNMENT

President Wieskamp adjourned the meeting at 5:04 p.m.

Allen Pulido, Clerk of the Board

Attachments:
Visitors Log
Resolution Nos. 2008-7-165 through 2008-7-177
Board Committee Report

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