The Board Meeting, which was held on April 1, 2008 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:
Ayn Wieskamp, President
Ted Radke, Vice-President
Doug Siden, Treasurer
John Sutter
Beverly Lane
Carol Severin

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 2:05 p.m. by Board President Ayn Wieskamp; Director Skinner joined the meeting at this time.

Staff Present Included:
Pat O’Brien, Ted Radosevich, Jim Townsend, Brian Wiese, Bob Doyle, Nancy Wenninger, Rosemary Cameron, Tim Anderson, Mike Anderson, Mimi Waluch, Anne Scheer, Carol Johnson, Carol Victor, Jeff Rasmussen, Diane Althoff, David Amme, Steve Myli, Laura Comstock, Jim Swanson, John Escobar, Joe Didonato, Shelly Lewis, Raphael Breines.

A. APPROVAL OF AGENDA

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

B. PUBLIC COMMENTS

1. Oakland Rotary Club

Mr. Eddie Snow presented a check in the amount of $20,000 as the Oakland Rotary Club’s contribution for the barrier-free playground at Roberts Regional Recreation Area. He commented that the playground is a great collaboration between the District and the Oakland Rotary, and this contribution will enhance its usage. Mr. Snow also stated that they are installing a swinging apparatus that can accommodate up to four children in wheelchairs; this can be pushed and will sway back and forth. He thanked the District for contributing $25,000 of the $45,000 needed for this apparatus.

The Board conveyed their gratitude and appreciation to Mr. Snow and the Oakland Rotary Club for their donation, continued leadership and commitment.

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

Moved by Director Sutter, seconded by Director Siden, the Consent Calendar was unanimously approved.

• C-1-a.
  Approval of District Check Listing for the Period of March 8, 2008 through March 22, 2008
  Resolution No. 2008-4-071 (attached)
• C-1-b.
  Approval of the Minutes for the February 19, 2008 Board Meeting
• C-1-c.
  Authorization to Award Two Fencing Contracts to Conlin Fence Company: Briones Regional Park
  Resolution No. 2008-4-072 (attached)
• C-1-d.
  Authorization to Accept a Gift, Appropriate and Transfer Funds and Accept the Bid for Installation of an ADA Compliant Glider Swing: Roberts Regional Recreation Area
  Resolution No. 2008-4-073 (attached)
• C-1-e.
  Authorization to Accept the Bid for Construction of a Bay Trail Segment Near Eden Landing
  Resolution No. 2008-4-074 (attached)
• C-1-f.
  Authorization to Enter Into an Agreement Concerning Contra Costa County Subdivision 8566 and to Accept an Offer of Dedication of a Trail Easement and Emergency Vehicular and Maintenance Access Easement from Wiedemann Ranch, Inc.: Calaveras Ridge Regional Trail
  Resolution No. 2008-4-075 (attached)
• C-1-g.
  Authorization to Purchase One Tractor
  Resolution No. 2008-4-076 (attached)
• C-1-h.
  Authorization to Enter Into a Contract for Services With Nichols Consulting Engineers
  Resolution No. 2008-4-077 (attached)
• C-1-i.
  Authorization to Amend the 2008 Budget and Transfer Operational Funds from the Revenue Management Department to the Recreation Department and Temescal Regional Recreation Area
  Resolution No. 2008-4-078 (attached)
• C-1-j.
  Authorization to Enter Into a Contract With Airtech Mechanical, Inc. to Replace Failing Sections of Ductwork in the Heating and Ventilation System: Peralta Oaks Administration Building
  Resolution No. 2008-4-079 (attached)
• C-i-k.
  Authorization to Accept and Appropriate Funds from West Contra Costa Transportation Advisory Committee for Environmental and Geotechnical Studies and Preliminary Design of the Bay Trail Between Pinole Shores and Bayfront Park
  Resolution No. 2008-4-080 (attached)
• C-1-l.
  Authorization to Amend the 2008 Budget and Establish, Transfer or Reduce Budgeted Capital Project Funds to Meet Grant Requirements Approved Minutes
  Board Meeting of April 1, 2008
  Resolution No. 2008-4-081 (attached)
• C-1-m.
  Authorization to Purchase an Annual Cisco Smartnet Support Contract for District Telephone and Data Network
  Resolution No. 2008-4-082 (attached)

2. LAND DIVISION

• C-2-a.
  Authorization to Purchase Fee Interest in Real Property From Thomas Mueller and to Transfer Funds: Redwood Regional Park
  Resolution No, 2008-4-083 (attached)
  Moved by Director Sutter, seconded by Director Siden, item C-2-a was unanimously approved.
  AGM of Land Acquisition Bob Doyle made a presentation on this item, stating that this 1.25 acre property is adjacent to Redwood Regional Park and includes a house on the property; staff is still studying whether to maintain or demolish this. In response to Director Skinner’s question, AGM Doyle stated that discussions continue with EBMUD for sharing of costs for future acquisitions, but that this property was low on their funding priority.
• C-2-b.
  Authorization to Enter Into Option, Purchase and Sale Agreement and to Transfer Funds for the Option Payments, Appraisal and Staff Time for the 190 ± Acre Souza Property: East Contra Costa County Habitat Conservation Plan/Byron Vernal Pools
  Resolution No. 2008-4-084 (attached)
  Moved by Director Radke, seconded by Director Lane, item C-2-b was unanimously approved.
  AGM Doyle stated that this item is the first of hopefully many future successful partnerships with the East Contra Costa County Habitat Conservancy, and involves a 190-acre cattle ranch. AGM Doyle added that although the cost of the property is $1.692 million, the total cost for the District is $232,200, with the balance funded from various grants coming from the Habitat Conservation Plan, and constitutes the very first purchase of a brand new Master Plan site from the District’s newly amended Master Plan map called Byron Hills Wetlands and Vernal Pools.

3. PLANNING/STEWARDSHIP & DEVELOPMENT

PUBLIC HEARING

• C-3-a.
  Adoption of a Mitigated Negative Declaration for the Vargas Plateau Regional Park Land Use Plan
  Resolution No. 2008-4-085 (attached)
  Approval of the Vargas Plateau Regional Park Land Use Plan
  Resolution No. 2008-4-086 (attached)

Moved by Director Severin, seconded by Director Sutter, item C-3-a was unanimously approved.

Brian Wiese, Chief of Planning and Stewardship, gave a presentation on this item; highlights include:

• The 1,030-acre land banked Vargas Plateau property was acquired with Measure AA funds;
• The District received a grant of $110,000 from the Bay Area Ridge Trail Council to open a significant section of the Ridge Trail in southern Alameda County; this was used for an alignment study of 13 miles of the ridge trail going from Garin and connecting to Mission Peak. This study was brought forward and accepted by the Board in 2005. The central part of the study was Vargas Plateau since it makes it possible to open 3-1/2 miles of the Ridge Trail. The Bay Area Ridge Trail Council allowed the District to use the unspent amount of the $110,000 grant to prepare a land use plan for Vargas Plateau so that it could be opened and allow for the operation of the section of the Ridge Trail on Vargas Plateau. They also offered an additional $225,000 grant to open Vargas Plateau and make initial staging, access and public safety improvements. To qualify for the grant, the proposed Land Use Plan and the CEQA document must be approved by the Board at this meeting;
• The Land Use Plan process was initiated by staff two years ago and included a public scoping meeting in July 2006 with over 100 attendees; meeting invitations were sent to over 700 local addresses provided by the City of Fremont. Comments received were mostly positive and indicated usage for hiking and camping; concerns were expressed regarding public safety issues, particularly in terms of safe access to the proposed entry road (Vargas Road) and the upper part of Morrison Canyon Road;
• Due to concerns received from the public meeting, staff decided to stop the public planning process and hired a traffic engineer to study the traffic along Vargas and Morrison Canyon Roads and to make recommendations to address safety concerns for both residents and park users;
• Meetings were held with staff from the City of Fremont to discuss the results of the study, and a second public scoping meeting was held on November 2007, with about 60 attendees. Public response was mixed; concerns were again raised regarding fire, police protection and roadway access;
• Regarding Lower Morrison Canyon Road, staff and the traffic engineer agreed that additional safety improvements cannot be made, and recommended that the City of Fremont either send out an advisory that the road is for local access only, adopt a one-way traffic flow, or that it be closed off entirely and give local residents a key card for access;
• Regarding Upper Morrison Canyon Road, staff proposed several ways by which safety may be enhanced, and include cutting back the slope and installing guard rails;
• The proposal at this point only is a preliminary phase 1 development, which includes a 25 car informal staging area, a small trail and a few picnic areas – no horse trailers and organized group activities;
• The Fremont General Plan includes language stating “the acquisition and development of a regional park on Vargas Plateau by the East Bay Regional Park District shall be encouraged by the City”. Brian Wiese added that City staff have stated that “it is their position that the EBRPD has the burden of improving the roads to mitigate the increment of impact from the increased traffic and as this is the only project contemplated in the area, there is no fair share contribution that can be relied upon for complete mitigation of the potential impacts. The City has no current obligation to improve the roads as they are in an accepted as-is condition for existing uses. The City has not committed any funding to any improvements along Vargas Road or Morrison Canyon Road and as such, cannot be relied upon as part of the mitigation strategy. Alternative funding for the mitigation shall be identified to make the mitigation measures feasible. Access-related mitigation measures also need to be in place prior to opening of the park, and the timing of the mitigations should state that it will occur”;
• The District has offered to make a fair share contribution for the structural improvements to the road. Discussions will continue with the community and the City;

Public Comments:

Members of the public addressed the Board and presented the following comments:

• Access on Morrison Canyon is an issue as roadway grade is not ideal and will cause accidents;
• Public safety issues should be resolved before the park is opened - District’s plan minimize risks to the public, and favor opening the park and resolving safety issues only if and when funds become available;
• The City of Fremont for more than 20 years has designated the area as a hazardous fire area, and has closed both Morrison Canyon and Vargas roads for a period of 3 – 4 months during summer. These roads have been closed also because of the difficulty of getting fire equipment in if traffic is excessive;
• The roads that serve this park is inadequate, and the proposed mitigated negative declaration is inappropriate per certain public resources codes, CEQA requirements and guidelines, and case law;
• The analysis by the traffic consultant stating that 25 cars will not increase delays or not block traffic is insufficient since urban standards were used;
• It is important to press the City of Fremont to cooperate in fixing these roads properly;
• For unknown reasons, water has stopped flowing from the canyon area;
• Road access is problematic, as evidenced by the difficulty the Fire department equipment had in responding to a burning vehicle and a bicycle accident;
• Conducting an EIR is essential prior to any planned openings;
• Concern about overflow/street parking once 25 car parking area is full;
• Closing Morrison Canyon Road is not an option;
• Issues raised by the area residents during previous public meetings have not been addressed;
• Mitigation measures proposed by the District are unclear;
• Traffic study was not provided to the public;
• The roads in question are currently closed except to area residents; no problems currently exist.
• Support for a Phase 1 soft-opening, with a small access road owned by ACWD leading off Canyon Heights Drive. For the second phase, there is a need for a staging area in the northwest area, with a suggestion to use the SF-PUC’s seven acre parcel for this purpose. Using Vargas Road in its present condition also favored, although it is not ideal for a 25 car parking lot, but it is not excessively dangerous;
• Support for opening the park in phases as proposed by staff; there are always objections when opening a trail in an area where homes are already existing;
• CA Native Plant Society support for the District’s adaptive grassland management in Vargas Plateau; opening the park will allow more researchers and the public to come in an explore;
• Bay Area Ridge Trail Council support for the approval and adoption of the Land Use Plan, and a suggestion to study the possibility of developing alternate trail connections from the town of Fremont into the park to eventually reduce vehicle traffic to Vargas Plateau.

Staff response to some concerns:

• During discussions, staff from the City of Fremont indicated that roads have only been closed during the 4th of July holiday weekend, and during special fire hazard days. It is the District’s intention to also close the park during red-flag days and as determined by the City;
• The District will be posting no parking signs where needed, and District officers will continue to conduct enforcement operations;

Traffic Engineer Chris Kinzel addressed some of the concerns presented regarding the Mitigated Negative Declaration, adding that the results of their traffic study were included in that document:

• Everyone agrees that the roads in question were not built to current standards;
• Believes that mitigation measures identified, such as road widening, installation of signs and shoulders, creation of turnout areas, lane striping, etc., will make the road viable, safe and adequate for the proposed 25-car staging area and forecasted traffic volume; more vehicles would require more improvements;
• Standard used for the study was based on a “low-volume rural roads”.

Director Severin stated that the two resolutions before the Board do not address when the park will actually open. She also stated that a great deal of effort and time have been expended in trying to come up with a plan that will be acceptable to most people and that the District will fix what can be fixed with available funds, and favors opening the park.

Director Sutter announced that the District has a commitment to voters at large to open Vargas Plateau as per the language in the 1988 Measure AA bond measure, and cited language from it - “Vargas Plateau - $4.7 million to work with Fremont to acquire and develop a major new park and trail corridor south of Niles Canyon in the Vargas Plateau area; develop initial public access”. Land was purchased by the District in 1993 and 1996; the District has been receiving questions asking why parks are being kept in land-bank status. Director Sutter suggested that residents also communicate their concerns with their City Council members.

Director Siden assured the meeting attendees that the District is concerned with safety as well.

General Manager Pat O’Brien, in answer to Director Skinner’s question as to how priorities may be communicated to the City of Fremont, stated that staff continues to work with them, and have forwarded a proposal to make funds available to the City for Phase 1/initial signage and site clearances. GM O’Brien added that the District does not intend to move forward with Phase 2 until improvements are made, which could take several years; Phase 1 is planned for implementation sometime this year.

President Wieskamp commented that during the recent Fremont Liaison Committee meeting, Fremont City Council member Bill Harrison and staff stated that they have a strong interest in working out some of the issues regarding Vargas Plateau. She told the committee that she was on the Livermore City Council before and would not have approved having a city road like Lower Morrison Canyon Road. President Wieskamp also stated that she was not pleased reading a write-up on the website advising people that this was the shortest route to Vargas Plateau.

President Wieskamp reiterated that the District will only be proceeding with Phase 1; Phase 2 will only move forward when funding is available.

Director Skinner left the meeting at 4:25 pm.

4. BOARD AND STAFF REPORTS

1. 2008 Regional Parks Bond Extension
   Public Input Process: Summary of Comments Received
   GM O’Brien announced that six (6) public meetings have been scheduled to allow for more public input, and that another tracking poll will be conducted in June.
   Director Radke announced that Congressman George Miller has endorsed the proposed bond measure.
2. Actions Taken by Other Jurisdictions Affecting the Park District
   GM O’Brien discussed the items listed on the staff report.

5. GENERAL MANAGER'S COMMENTS

Jim Townsend, Trails Development Program Manager, gave a presentation to update the Board on the various issues and projects within his department.

6. ANNOUNCEMENTS FROM THE CLOSED SESSION

President Wieskamp announced that the Board voted unanimously to deny the claim of Eleonore Barkasy.

7. BOARD COMMITTEE REPORTS

1. Natural and Cultural Resources (2/20/08) (Sutter)

8. BOARD COMMENTS

Director Radke reported on meetings attended. Director Radke

• Attended the Board field trip to Jersey Island;
• Made a presentation on the proposed bond measure to the Habitat Conservation Plan Conservancy;
• Attended the Underpass dedication at the Iron House Sanitary District on March 28;
• Will attend a preview tour of Black Diamond Mines on April 3;
• Will make a presentation to the Contra Costa Special District Association on April 21 regarding the proposed bond measure;
• Noted that a number of people are opposed to the proposed spraying for the Light Brown Apple Moth, and that Senator Don Perata was opposed to it as well;

Director Severin reported on meetings attended. Director Severin

• Attended the Operations Committee
• Attended the HASPA meeting;
• Attended the Oakland Museum/Bob Walker event;
• Attended the Women’s Hall of Fame Luncheon in Berkeley on March 30;
• Attended a Skilpath Conference for Women in San Francisco on March 31;
• Attended the Grazing dinner event;
• Attended the Board field trip to Jersey Island;
• Attended the CARPD State Board meeting in Sacramento;
• Attended the Fremont Liaison committee meeting;
• Will be attending the CSDA Annual Banquet and the EDAB Regional Planning meeting;
• Will attend a park tour with Director Wieskamp to Mission Peak;
• Will attend the upcoming Alameda County Mayors Conference in Livermore and the upcoming Board workshops;
• Mentioned that she had asked for a mid-year budget adjustment regarding the District’s Internship Program.

Director Siden reported on meetings attended. Director Siden

• Attended the Waterfront Action meeting with Director Sutter;
• Attended the Oakland Museum/Bob Walker event;
• Attended the Airport Area Business Association and the Coliseum Area Committee meetings;
• Attended the Alameda Area Chamber of Commerce luncheon;
• Attended a lunch meeting with GM O’Brien, AGM Mike Anderson and the Mayor Johnson of Alameda;
• Attended the Grazing Dinner Event;
• Attended the Fremont Chamber of Commerce meeting on behalf of Directors Severin and Wieskamp;
• Went to Vargas Plateau for a scoping trip;
• Will be attending a meeting with the League of Women Voters in Oakland, the Alameda CSDA dinner, the Legislative lunch in Sacramento, the upcoming AA Extension public meetings, and Joan Suzio’s retirement event.

Director Lane reported on meetings attended. Director Lane

• Attended meetings on the Concord Naval Weapons Station – the Greenbelt Alliance Visioning meeting and a Technical Advisory Group meeting;
• Attended the Grazing Dinner;
• Attended the Oakland Museum/Bob Walker event;
• Attended the Board field trip;
• Conducted a park trip to Sycamore Valley,
• Will be attending some of the public meetings related to the proposed bond extension measure.

Director Sutter reported on meetings attended. Director Sutter

• Attended the Waterfront Action meeting with Director Siden;
• Attended Chabot Space and Science meetings (including Finance Committee);
• Attended the Oakland Museum/Bob Walker event;
• Attended the Oakland Measure DD Committee meeting;
• Attended the Board field trip;
• Attended a District-led hike at Claremont Canyon;
• Commented that the Oakland City Council has taken the first step to rezone the area between Tidewater Avenue and the Estuary, from “Industrial” to “Residential’;
• Will be unable to attend the CSDA meeting as it conflicts with the Contra Costa County Mayors Conference.

Director Wieskamp reported on meetings attended. Director Wieskamp

• Attended the Operations Committee and Regional Parks Foundation meetings;
• Attended the Oakland Museum/Bob Walker event;
• Attended the Fremont Liaison Committee meeting;
• Attended the Grazing Dinner;
• Attended the Iron Horse Trail Dedication in Pleasanton;
• Conducted a park tour with staff Stephen Gehrett and Julie Haselden, and expressed concerns regarding the new staging area at Old Tunnel Road/Sibley, would like to have a study of the Tilden Corporation Yard and a more centrally located Central Stores in the future, and an improved kitchen/break area for the Roads and Trails crew;
• Will attend a meeting on April 2 with AGM Bob Doyle at Coyote Hills and Frank Fatz Legislative Luncheon;
• Will be conducting a park tour with Unit Manager Mark Ragatz.

D. PUBLIC COMMENTS

There were no public comments at this time.

Allen Pulido, Clerk of the Board

Attachments:
Visitors Log
Resolution Nos. 2008-4-071 through 2008-4-086
Board Committee Report

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