Board Meeting Date
Board Minutes Content
The Board Meeting, which was held on June 3, 2008 at the Administrative Building, 2960 Peralta Oaks Court, Oakland, CA, was called to order at 12:45 p.m. by Board President Ayn Wieskamp.
ROLL CALL
Directors Present:
Ayn Wieskamp, President
Ted Radke, Vice-President
Doug Siden, Treasurer
Nancy Skinner, Secretary
Beverly Lane
Carol Severin
Directors Absent:
None.
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 2:03 p.m. by Board President Ayn Wieskamp;
Staff Present Included:
Pat O’Brien, Ted Radosevich, Mimi Waluch, Renee Patterson, Raphael Breines, Mike Anderson, Pete Alexander, Jeff Rasmussen, Rosemary Cameron, John Swanson, Susan Gonzales, Anne Scheer, Carol Victor, John Escobar, Dave Collins, Tim Anderson, Brian Wiese, Nancy Wenninger, Erich Pfuehler, Megan Jones, Kim Fisher, Warren Schultz, Pete De Quincy, Carol Johnson, Joe Didonato, Paul Miller, Nancy Brownfield, Nancy Baglietto, Nancy Kaiser.
A. APPROVAL OF AGENDA
By motion of Director Siden, seconded by Director Radke, the Agenda was unanimously approved.
B. PUBLIC COMMENTS
Staff Present Included:
Mr. Brian Smalley addressed the Board to comment on the various trails at Redwood Regional Park used illegally by mountain bikers. He stated that this use continuous unabated and hastens the deterioration of the trails. He added that emergency contact numbers for the District still have not been posted along the trails, contrary to reassurances he had received at a previous Board meeting.
C. BUSINESS BEFORE THE BOARD
1. PLANNING/STEWARDSHIP AND DEVELOPMENT
PUBLIC HEARING
- C-1-a.
Approval of Ordinance 38 Amendment for a Trail Use Change: Mission Peak Regional Preserve
Resolution No. 2008-6-134 (attached)
By motion of Director Severin, seconded by Director Lane, item C-1-a was unanimously approved.
Directors present: Beverly Lane, Ted Radke, Carol Severin, Doug Siden, Nancy Skinner, John Sutter, Ayn Wieskamp
Directors absent: None.
Senior Park Planner Raphael Breines gave a presentation, stating that this item is in response to a request by East Bay Trails Council staff to allow bicycles on narrow portions of the Panorama Trail at Mission Peak Regional Preserve, and on the Stream Trail, in an uphill direction, at Redwood Regional Park.
Using the Trails Use Change Checklist, District staff determined that Stream Trail was not suitable for the proposed use; staff, however, together with the Park Advisory Committee (PAC) and Board Operations Committee, recommend that the Board approve the proposed amendment to Ordinance 38 to allow bicycle traffic on the narrow section of the Panorama Trail.
In response to a question by Director Sutter, Mr. Breines stated that the request pertaining to Stream Trail was not deemed appropriate, even for one way bicycle use, due to its current high usage by individuals and group hikers and dog walkers, and that there will be no room for passing at peak usage times.
Several members of the public addressed the Board to state their support for the trail use change as recommended by staff, as well as the Checklist process.
By motion of Director Radke, seconded by Director Siden, the Consent Calendar was unanimously approved.
Directors present: Beverly Lane, Ted Radke, Carol Severin, Doug Siden, Nancy Skinner, John Sutter, Ayn Wieskamp
Directors absent: None
C-2-a. Approval of District Check Listing for the Period of May 10, 2008 to May 23, 2008
Resolution No. 2008-6-135 (attached)
C-2-b. Approval of the Minutes for the May 6 and May 20, 2008 Board Meetings
Director Lane had a minor correction to her comments on the May 20th minutes regarding the one-page bond extension handout.
C-2-c. Approval of Resolution Ordering and Giving Notice of an Election to be Held in the East Bay Regional Park District for the Purpose of Electing Three Directors and Requesting the Boards of Supervisors of Alameda and Contra Costa Counties to Consolidate the District Election with the Statewide General Election Being Held on November 4, 2008
Resolution No. 2008-6-136 (attached)
C-2-d. Authorization to Amend the 2008 Budget and Approval of Sole Source Purchase of Four Remote Automated Weather Stations (RAWS) from Forest Technology Systems
Resolution No. 2008-6-137 (attached)
C-2-e. Authorization to Accept the Bid for the Purchase of Spartina Control Materials
Resolution No. 2008-6-138 (attached)
C-2-f. Authorization to Extend the License Agreement with the City of Pleasant Hill: Contra Costa Canal Trail
Resolution No. 2008-6-139 (attached)
C-2-g. Authorization to Negotiate with Various Property Owners
Resolution No. 2008-6-140 (attached)
C-2-h. Approval to Reclassify One Right of Way Agent Position to Senior Right of Way Agent and Set the Salary Range at the Architect Salary Range
Resolution No. 2008-6-141 (attached)
C-2-i. Authorization to Enter into an Agreement for Food Service Concession Operation at Lake Anza: Tilden Regional Park
Resolution No. 2008-6-142 (attached)
C-2-j. Authorization to Amend the 2008 Budget and Approval of Sole Source Purchase Bay Restaurant Supply, Inc.: Lake Anza, Tilden Regional Park
Resolution No. 2008-6-143 (attached)
C-2-k. Authorization to Enter into an Amended Operating Agreement with the YMCA of the East Bay: Camp Arroyo, Del Valle Regional Park
Resolution No. 2008-6-144 (attached)
C-2-l. Resolution to Support Pending State Legislation AB 2687 to Allot $100 million for Nature Education Centers, Museums and Aquariums Resolution No. 2008-6-145
(attached)
C-2-m. Resolution to Support Pending State Legislation SB 1285 to Create Uniform Standards to Ensure Best Practices are used when the State Purchases Lands for Conservation Purposes
Resolution No. 2008-6-146 (attached)
C-2-n. Resolution to Support Pending State Legislation AB 2971 to Improve Roadside and Bike Trail Safety by Securing Resources through Developer Impact Fees
Resolution No. 2008-6-147 (attached)
C-2-o. Authorization for Budgetary Closure of Completed Capital Projects and Related Amendments to the 2008 Budget
Resolution No. 2008-6-148 (attached)
3. LAND DIVISION
C-3-a. Authorization to Execute an Amendment to a Donation Agreement with Orinda Gateway Holdings, LLC, et al., to Convey a 342-linear-foot Permanent Road Access Easement to PG&E, and to Adopt Findings Pursuant to the California Environmental Quality Act and to File a Notice of Determination with the Contra Costa County Clerk: Robert Sibley Volcanic Regional Preserve
Resolution No. 2008-6-149 (attached)
By motion of Director Sutter, seconded by Director Skinner, item C-3-a was unanimously approved.
Bob Doyle, AGM for Land Acquisition, gave a presentation on this item, stating that it is the result of a year’s cooperative effort between the District and Orinda Gateway Holdings. Mr. Doyle recommended Board approval of this item; the alternative action would have a more negative impact. He also stated that the property offers various opportunities for trails, camping and picnic areas at no cost to the District.
Director Lane asked that a report on the existing buildings on the property be brought to the Natural/Cultural Resources Committee for a discussion of its possible historical aspects.
AGM Doyle also acknowledged the hard work put in by the developer, as well as staff from the City of Orinda, Sierra Club, Audubon Society and others, to ensure the preservation of a large portion of the area.
4. FINANCE AND MANAGEMENT SERVICES
C-4-a. Adoption of Resolution of Intention to Order Improvements, Grant Preliminary Approval to the Draft Engineer’s Report, Establish Date of Public Hearing and Instruct the Clerk of the Board to Provide Appropriate Public Notice of Hearing: Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District No. 1, including ZB-1 (Five Canyons), ZB-2 (Dublin Hills), ZB-3 (Walpert Ridge), ZB-4 (San Ramon Hills), ZB-5 (Stone Valley), and ZB-6 (Sibley Volcanic)
Resolution No. 2008-6-150 (attached)
By motion of Director Lane, seconded by Director Radke, item C-4-a was unanimously approved.
Dave Collins, AGM of Finance and Management Services, explained that items C-4-a and C-4-b are the steps taken annually to begin the process for the District’s yearly Landscape and Lighting Districts’ assessments.
C-4-b. Adoption of Resolution of Intention to Order Improvements, Grant Preliminary Approval to the Draft Engineer’s Report, Establish Date of Public Hearing and Instruct the Clerk of the Board to Provide Appropriate Public Notice of Hearing: East Contra Costa County Landscaping and Lighting Assessment District No. 1
Resolution No. 2008-6-151 (attached)
By motion of Director Lane, seconded by Director Radke, item C-4-b was unanimously approved.
C-4-c. Determination that the Public Interest and Necessity Demand Completion of the East Bay Regional Park District Master Plan for Acquisition and Development of Regional Parklands and Open Space and Acquisition and Development of Local Parklands with Financing through the Issuance of General Obligation Bonds
Resolution No. 2008-6-152 (attached)
By motion of Director Radke, seconded by Director Skinner, item C-4-c was unanimously approved.
AGM Collins stated that this item is the necessary but pro-forma step before the District can bring forward a ballot measure to the November election.
C-4-d. Review of Draft Ordinance Ordering the Submission of a Proposition to Voters
AGM Collins briefed the Board on the key points of the draft ordinance and explained that the Board needs to adopt an ordinance to allow the District to move forward with the proposed bond extension measure and that it will be the formal legal document that will structure the measure. He added that the ballot question, while still a draft, has been tested previously, and that another survey testing three different versions of the ordinance will be conducted by Strategy Research Institute starting on June 4
Board members offered comments and suggestions on the draft Ordinance:
- Ballot language still needs to be improved/simplified;
- Insertion of “local parks and urban creeks” into the language since it tested well;
- Deletion of “thus” at the end of the 5th sentence of the proposition;
- Validity of using “extension” on title;
- Ensure that there is clear understanding by Contra Costa County elections office of “unincorporated areas”;
AGM Collins added that Oakland Zoo officials will notify the District if they do not want the Zoo to be included in the Ordinance; if this is the case, funds originally allotted to them will be re-distributed back to the 25% allocation for local agencies. He also emphasized that the Project List is the District’s best estimate at this time, and that future Boards will have the ability to modify it should conditions change.
C-4-e. Acceptance of Project List and Proposed Use of Funds for the 2008 Regional Park Bond Extension
Resolution No. 2008-6-153 (attached)
By motion of Director Radke, seconded by Director Skinner, item C-4-e was unanimously approved, and included a direction to reduce the contingency fund from 10% to 7%, redistribute the 3% balance to the Metro Areas, and have staff address the projects raised by the Board at this meeting as priorities for distribution. Staff will be presenting the outcome of this redistribution at the next Board meeting on June 18 in Brentwood.
AGM Collins gave a presentation on the project list for the $375 million (less funds set aside for contingency) share of the proposed bond extension, stating that this list was derived through a long process that involved updating the District’s Master Plan Map, input from stakeholders and Board and public workshops/discussions.
Board members offered comments and suggestions on the Project List descriptions and included:
- Item #10 – Briones: revision of description to add “surrounding and near” to allow the District to take into account public concerns regarding the preservation of Acalanes Ridge;
- Item #49 – Pt. Pinole: revision of description to add “visitor/interpretive center”. It was also suggested that there be some consistency in describing visitor centers/facilities/interpretive centers;
- Item #15 – Concord Naval Weapons Station: revision of last sentence to recognize the District’s own center and its willingness to work with the National Park Service;
- Consistency in using “new trails for all users” at each instance that “trails” are included/cited in the project list descriptions;
- At the appropriate project list item, include connection between Vargas Plateau and Sunol/Niles Canyon trail;
- Item #5 – Bay Point: revision of “starting point” to more accurately describe the location;
- Item #48 – Pleasanton Ridge: include “staging areas”;
Public comments included:
- Support for the park bond extension and praise for staff work;
- Support for Acalanes Ridge's inclusion into the project list;
- Concern regarding reduction of funds allocated to Oakland waterfront area;
- Definition of "all users" as it raises the question of opening all new trails to everyone, including bicyclists;
- Compliments to District staff for their hard work and for listening to the public’s concerns, and the realization that not everyone will be "happy" with the projects included, but that comprises will need to be made;
- Suggestion to adopt the project list as is or with as little change as possible so that the Sierra Club's "conditional endorsement" may be brought forward to its various chapters without delay;
- Support for the establishment of a contingency fund account to allow Board flexibility
- Support for North Richmond Shoreline and Pt. Pinole;
- Concerns regarding inadequate funding for the Fremont and Newark areas where the biggest gap of Bay Trail is located;
- Support for opening more trails for "all users".
There was a discussion of the amount of funds shifted between the various line items on the Project List, and how staff arrived at these figures. In the discussion of the possible ways by which funding may be restored and/or reallocated and increased, an agreement was reached to reduce the contingency funds from 10% to 7%.
Directors Radke and Skinner left the meeting at this time (5:10 p.m.).
5. OPERATIONS DIVISION
C-5-a. Adoption of Emergency Action to Implement a Quagga/Zebra Mussel Infestation Monitoring and Control Program
Resolution No. 2008-6-154 (attached)
By motion of Director Sutter, seconded by Director Siden, item C-5-a was unanimously approved, with Directors Skinner and Radke absent.
John Escobar, Asst. General Manager for Operations, gave a presentation giving a background, possible negative impacts and current status of the Quagga/Zebra Mussel monitoring and control efforts in California and what the District is proposing to do to prevent its spread. He stated that the District has been requested to implement inspection programs at all of the recreational lakes that it manages – by a total of 5 different water districts – and that all 5 are looking to the District to pay 100% of the cost of the inspection program. AGM Escobar explained that this initial pilot program is intended to allow the public continued access to the District lakes while limiting the District’s financial exposure. In addition to the appropriation of $150,000 of General Fund monies, this proposal will authorize the hiring of temporary staff and acting and overtime pay for regular staff.
Director Sutter commented on the importance of a comprehensive public relations effort in advance of any inspection program.
Brenda Wood, Business Agent for AFSME Local 2428, addressed the Board to state that while the Union recognizes the serious threat posed by the Quagga/Zebra mussels and is in agreement that the District should take appropriate action, it is suggesting that the District explore a temporary moratorium on boats and other vessels on District lakes. If the District moves forward with an inspection program, she stated that the Union believes that inspections should be conducted by District Rangers or temporary staff in accordance with the Memorandum of Understanding, and is opposed to hiring outside contractors for this work.
Sharon Corkin, AFSME Local 2428 President, asked that current employees, fully trained for inspection, be used for any program that the District may adopt to keep these mussels from entering District lakes.
Directors Sutter and Wieskamp announced that the Board Operations Committee will be conducting on-going discussions about this issue and suggested that the speakers attend this meeting to explore their concerns more thoroughly.
2. BOARD AND STAFF REPORTS
a. 2008 Regional Parks Bond Extension
Public Input Process: Summary of Comments Received
b. Actions Taken by Other Jurisdictions Affecting the Park District
GM O’Brien discussed the items listed on the staff report.
3. GENERAL MANAGER’S COMMENTS
GM O’Brien announced the hiring of Nancy Kaiser as the Interpretive Services Manager on a temporary basis. He also stated that the scheduled speaker will be presenting at a future meeting due to time constraints.
4. ANNOUNCEMENTS FROM THE CLOSED SESSION
President Wieskamp stated that there are no announcements from the Closed Session.
5. BOARD COMMITTEE REPORTS
a. Ecology Committee (Skinner) (3-12-08)
6. BOARD COMMENTS
The Board and staff conducted a discussion of the different versions proposed for the ballot question pertaining to the regional parks bond extension measure.
D. PUBLIC COMMENTS
There were no Public Comments at this time.
E. ADJOURNMENT
The meeting was adjourned at 6:30 p.m.
Allen Pulido, Clerk of the Board
Attachments:
Visitors Log
Resolution Nos. 2008-6-134 to 2008-6-154
Board Committee Reports