Board Operations Committee Meeting Minutes
Thursday, July 31, 2008

Board: Directors Carol Severin (Chair), Ayn Wieskamp, Beverly Lane

Staff: Jack Kenny, Ken Blonski, Mimi Waluch, Jim Townsend, Rick Parmer, Mike Anderson, John Swanson, Nancy Kaiser, Di Rosario, Renee Patterson, Jeff    Wilson, Warren Schultz, Brian Wiese, Carol Victor, Kelly Raiche, Lynette Journeay, Shelly Lewis, Bob Doyle, Rita Fesler, Carol Johnson, Brad Gallup, Dave Collins, Raphael Brienes, Paul Miller, Kerry Bearg, Jeff Rasmussen, Nancy Brownfield, Suzanne Lusk, Heather Marlais.

Public: Judi Bank, Janeen Antoine, L. Frank, Janice Gloe, Julie Hernandez, Rick Camacho, Corrina Gould, Amber Machamen, Kathleen Smith, Alex Ramirez, Ruth Orta, Jakki Kehl, Rich Guarienti, Kathy Wallace, Don Hankins, Stephen Cooper, Susan Rushing-Hart, Mishwa Lee, Dan Grassetti, Lyn Hovland, Dan Levy, Nicholas, Schwartz, Rose Nied, Ellen Case, Kathryn Mier, Peter Shelton, Lee Lambert, Ralph Kanz, Larry Hayden, Cecile Leneman, Brenda Hamilton, Caryn Kralovansky, Budd Wentz, Ross Chan, Audrey Redle, Jan St. Onge

1. East Ridge Fuel Management Project Update

Acting Assistant General Manager of Operations Jack Kenny stated that the East Ridge Fuel Management Project was placed on the agenda at the request of the Board to receive an update on the project, allow the public to learn about the project, and have an opportunity to speak to the issue since.  This is a Board Committee informational item; no formal action is being requested.

Fire Captain Brad Gallup provided a PowerPoint presentation on the East Ridge Trail Project.  The project is part of the District’s ongoing Fuel Management program.  This project was undertaken to establish a more fire safe environment, which includes the protection of public health and safety, property and natural resources, and the creation of defensible space and safe firefighting access routes. The project is funded by FEMA to mitigate wildfire risk factors following the 1991 Oakland Hills.  Measure CC is also being used for wildfire protection, public safety access, and environmental agents. This measure was passed in 2004.  The goals and objects of the project are to widen and thin out the East Ridge Fuel break in Redwood Park, to reduce the fire threat and allow safer firefighting access.  Additional goals include the removal overly mature, leaning, or diseased Monterey Pines that pose a hazard to trail users; the reduction of the volume of hazardous fuels by removing fallen Monterey Pine and Eucalyptus trees and debris; to promote the growth of less hazardous vegetation; and to ensure that all work is in compliance with all environmental regulation.  The basic project called for the thinning off approximately 38 acres of enclosed tree canopy.  The project will remove approximately 400 to 700 hazardous Monterey Pines and over 500 Eucalyptus stems treating the stumps with  and approved herbicides to prevent re-sprouting.

The Following speakers commented in opposition to the project:  Rose Nied, Dan Grassetti, Lyn Hovland, Jan St. Onge, Dan Levy, Kathryn Mier, Peter Shelton, Lee Lambert, Ralph Kanz, Larry Hayden, Judi Bank, Cecile Leneman, Caryn Kralovansky, Ross Chan, Nicholas Schwartz,  and Audrey Redle.

Comments generally questioned the true need to remove such a large number of mature trees, the use of herbicides and their impact on the public health, wildlife and the environment, the loss of shade and its impact on trail users particularly trail users with dogs, and the loss of safe bicycle access without a viable reroute as a result of the daily trail closures. Speakers also questioned whether the resulting native vegetation will be more fire safe, whether public comment and notification had been sufficient particularly to park neighbors. Several speakers expressed concern that the Park District appears to be focused on removing Eucalyptus trees and that the public hearing process in 2003 failed to involve the neighbors.

A majority of the speakers requested a moratorium on the fuel management project and the extensive tree removal along the East Ridge trail.

Integrated Pest Management Supervisor Nancy Brownfield addressed the concerns of the public regarding the use of the herbicide Garlon stating that Garlon is never aerial-sprayed.  Ms. Brownfield also informed the public that Garlon is applied directly via a focused spot treatment spray only to the Eucalyptus stumps shortly after they are fallen.  The Garlon spray dries within 12 hours and is no longer toxic after that point.

Fire Chief Ken Blonski responded to questions posed by the speaker. Chief Blonski stated that the trail project will go forward as planned.  He also stressed that there is no other use in the contract for Garlon other than application on Eucalyptus.  The project is necessary to maintain a safe defensible space and create a fuel break for firefighters to protect the park and nearby homes from a firestorm by thinning the overhanging canopy.  The District has hired a contractor to assist fire personnel in completing this project.

Director Beverly Lane commented that the fuel load issue needs to be addressed. However, the Stewardship Department must ensure that the Pallid Manzanita identified by Mr. Ralph Kanz is protected during the course of the fuel break project.

No formal action was taken by the Board Operations Committee on this item.

2. Brushy Peak Trail Project Update

Chief of Planning Brian Wiese says he has received a number of e-mails of concern from Native Americans and others.  Mr. Wiese briefly repeated some of the history of the land use plan process leading up to the Board’s approval of the Land Use Plan in 2002. The trail is called the Brushy Peak Loop trail and is at the north end of Brushy Peak Regional Park.  In addition to this trail, another phase of the project would be a regional trail heading north through the adjoining Livermore Area Recreation and Park District property to the top of the Peak.  All the permits required to complete the project have been obtained from the Fish and Wildlife Service as well as the Army Corps of Engineers.  The Livermore Area Park District asked the District to build the spur trail to the top of Brushy Peak which is on LARPD property in conjunction with the planned construction. The spur trail had been included in all the environmental permitting.

Mr. Wiese also stated that the land use plan was in the planning process for over 2 years.  Planning staff had made significant efforts to inform the Native American Community of the planning process.  The Native American Heritage Commission was contacted and the District received a list of certified Ohlone and Plains Miwok individuals and organizations that were included in the planning process.  On June 20, 2002 representatives of Native American community attended the Board hearing on the land use plan and commented on the plan. The Board made some modification to the plan based on those comments before the final approval of the plan.  One of the conditions required staff to continue to plan the trail but to work with those Native American representatives that expressed an interest in the project.  There were discussions with the Native American representatives about guided tours to the top of Brushy Peak.  There were also discussions regarding the text of several interpretive signs that would be placed at the foot of Brushy Peak and the staging area that would talk about the significance of this sacred site and would encourage people to use it with respect.  Five drafts were created over a period of several months of going back and forth between Native American representatives and District employees before coming to the final text.

The text currently reads “Brushy Peak, some Native creation stories include Brushy Peak among the places where the world had its birth. These chronicle the heroic acts of Coyote and other supernatural beings with both human and animal characteristics.  One such being – Falcon, Coyote’s grandson, is believed to have been born on Brushy Peak.  Their adventures to rid the world of monsters and led to Coyote’s creation of human beings.  Contemporary Native people still regard Brushy Peak as a special place and prefer that it not be visited.  If you choose to climb the peak, please respect the sacred nature of this area by showing the utmost care.  Please help protect this special area. Proceed on foot only and stay on the trail.”

Two representatives from the Livermore Area Recreation Park District (L
ARPD) were in attendance, Beth Wilson, Board Member and Assistant General Manager, John Lawrence.

Acting AGM Kenny addressed a member of the public who was concerned over the fact that speakers may not be able to influence the Board to change their minds regarding this project.  He stated that this is an informational item on the Committee’s agenda and it’s to allow staff to update the Committee as to the current status of the project, how it relates to the land use plan, and to receive public comments.

Assistant General Manager for Land and Regional Trails, Bob Doyle stated that the District has been working on the loop trail project permitting for three years, which is intended to carry out a project contained in the Board approved land use plan.  Five million dollars was spent to acquire this site. The land use plan is a general land use plan. A map of Brushy Peak was shown to the Committee.  The trail was specifically laid out to avoid important wildlife habitat areas and cultural sites that are specifically identified in the plan.  The District is trying to balance the fact the District spent 10 years and cooperated with LARPD to preserve this property which was threatened with development and to acknowledge the important environmental and cultural resources of this special site.  The primary purpose of the trail is to create a defined loop trail near the peak because the park is now open. In the absence of a defined trail, illegal paths through sensitive habitat areas are being created by park users.  The multi-use trail that will be constructed by the District will avoid these sensitive sites. The trail will also follow the route currently be used for LARPD guided interpretive hikes.  If the District does not complete the trail, park visitors are going to continue to establish trails in areas staff would prefer to see protected.

The following speakers commented on the planned trail construction project:

L. Frank, Rick Camacho, Amber Machamen, Kathleen Smith, Ruth Orta, Jakki Kehl, Rich Guarienti, Kathy Wallace, Don Hankins, Stephen Cooper, Mishwa Lee, Dan Levy, John Lawrence, Janeen Antoine, Janice Gloe, Julie Hernandez, Corrina Gould, Alex Ramirez, Susan Rushing-Hart, Ellen Case,  Brenda Hamilton, Budd Wentz,

Most of the speakers commented in opposition of trail project because Brushy Peak is a sacred site in the culture of the indigenous people of California, and were seeking a halt to the planned trail project, particularly the planned trail to the top of Brushy Peak. Construction of the trail will encourage use of an area that should not be open to the public. Brushy Peak is a sacred religious site and specific cultural significance. Greater attention and access will result in an increase in vandalism. Brushy Peak should be protected as are the known shell mound sites at Coyote Hills. Many of the speakers identified themselves as having indigenous California ancestry and felt cultural differences could not be understood. Construction of the trail will be viewed as an affront to their culture. Speakers also questioned their ability to influence the land use planning process and the wording of interpretive signing. Most speakers spoke adamantly in opposition to the trail project.

John Lawrence, Asst. General Manager for LARPD, stated that LARPD is concerned with conservation and ecology of the parks.  LARPD purchased the Brushy Peak property in order to protect it.  When property is purchased, it is purchased with public money and that generally means that public access will occur.  Currently, only guided hikes are being led to the top of the peak. LARPD would like to have a list of names of people interested in being contacted regarding public hearings on Brushy Peak. 

Director Ayn Wieskamp felt that some decision should be made regarding the spur trail.

Director Beverly Lane stated that she doesn’t believe the District should construct the spur trail to the Peak and management of the site should be similar to the way Vasco Caves is currently managed.

The Board Operations Committee directed staff to take the following actions:

1. Staff should work with LARPD to review the access issues and monitoring the loop trail use, trespass and vandalism as it relates to the protection of cultural resources.
2. Construction of the Brushy Peak Loop trail should go forward. However, the spur trail to the peak should not be constructed at this time.
3. Send the proposed interpretive panel text regarding the native peoples’ story of Brushy Peak back to Planning for review.
4. Realign the regional trail connecting Brushy Peak to move it away from the peak.
5. There should be guided educational tours to the peak given by both agencies, possibly jointly. Construct the trail to the peak as appropriate.

3. Destination and Freeway Signing Update

Public Safety Communications Manager, formerly Environmental Graphics Supervisor, Lynette Journeay presented information regarding the destination and freeway signing project.  Kelly Raiche, Acting Environmental Graphics Supervisor, also introduced herself to the Committee.   Ms. Journeay told the Committee that phase two signing should be complete within the next week.  The Contra Loma and Black Diamond signs have been getting noticed.  There are 43 total signs that have been completed at this point.  Kennedy Grove, Sobrante Ridge, and Contra Loma signs were originally turned down by CalTrans but have now been approved.

Director Carol Severin asked if there were other critical locations in need of signing.

Ms. Journeay stated that Kelly Raiche will be doing research on future signs.

The Board congratulated both Lynette and Kelly on a great job working with CalTrans.

4.Review of Shadow Cliffs Quarry Crawlers Special Use Agreement- Shadow Cliffs Regional Park

Revenue and Operations Administrative Manager, Mimi Waluch presented the justification that will permit a group of swimmers to split off from the non-profit group that currently has exclusive rights to swim outside the establish swim area at Shadow Cliffs.  Some of the members of the original  group have had disagreements and they feel the only solution that allows them all to establish their own smaller group under contract with the Park District.  Both groups will pay fees and swim under the same basic rules and restrictions.
Staff recommends entering an agreement with this new group, “The Quarry Crawlers”, but not to impose a fee on them this year due to the timing of the contract.  The fees have technically already been paid at the beginning of this year by the SOWAT group.  A one year agreement with a one year option is being requested because the “SOWAT” group’s contract is due to expire in two years.  If both groups are co-existing when the other contract is up for renewal, then staff will recommend a longer term contract for both groups; otherwise the agreement will not be extended.  This is essentially a trial period for the Quarry Crawlers.

Director Wieskamp motioned to approve staff’s recommendation, Director Severin seconded the motion, and the motion passed unanimously.

5.Review of Montclair Swim Team Special Use Agreement – Roberts Regional Recreation Area

Ms Waluch informed the Committee that the Montclair Swim Team has been swimming in the Oakland area since 1960 and swam at the Montclair swim club for many years.  The ownership of the swim club decided to end the group’s use of the swim club. The Swim Team has been swimming at Roberts pool for the past two years.  The group’s schedule accommodates other activities at the pool and they work well with staff when schedule conflicts occur.  Staff is recommending a one-year agreement with a one year option to give the group some stability. However, the Swim Team reserves the right to end the contract at any time after the first year if another pool that better suits their needs is available.

Director Wieskamp motioned to approve staff’s recommendation, Director Severin seconded the motion, and the motion passed unanimously.

6. Renewal of T-Mobile, USA, Inc. South County Corp. Yard Telecommunications Agreement

Ms Waluch stated that T-Mobile has had a small communications site at the South County Corporation Yard for about 10 years and their contract will be up in September. Staff has negotiated a new contract to include utilities and to triple the rent, including an annual increase based on CPI. This agreement will bring in $1500 a month for the first year. Staff recommends approval of this agreement.

Director Severin made a motion to approve the agreement, Director Wieskamp seconded the motion, the motion passed unanimously.

7. Public Comments

Judi Bank commented that Joaquin Miller Park has old pine trees that fall down every winter,. She wished the District would go in and do some clearing.

Director Wieskamp suggested she contact the City of Oakland regarding the clearing of trees.

8. Staff CommentsActing AGM Kenny reported that the situation at Shadow Cliffs continues to deteriorate due to evaporation of water.  Staff has been concerned about the public boat launch.  The ramp will be unusable soon due to the receding water level.  August 15th is the date when staff calculates that the ramp will be no longer safe for the public.  Signs will be posted at the boat launch and flyers will be posted at the park.  Staff will try to get the names and addresses of the regular users and send them a notice. It will be posted on the website as well.  Staff does not believe it will affect the swimming at the park. 

There was no further discussion, the meeting adjourned at 5:06 p.m.

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