Board Executive Committee Meeting Minutes
Tuesday, June 24, 2008

Committee Members: Directors Ayn Wieskamp (Chair), John Sutter, Doug Siden

Staff: Pat O’Brien, Allen Pulido, Dave Collins, Carol Victor, Bob Doyle, Brad Olson, Mike Anderson

Guests: None

1. Costco Busan Oil Spill - Natural Resource Damage Assessment

(Proposed District Projects)

Brad Olson, Environmental Programs Manager, discussed 12 proposed restoration projects that are proposed for funding through the Natural Resource Damage Assessment (NRDA). The Cosco Busan Oil Spill in November of 2007 affected approximately 31 miles of San Francisco Bay Shoreline under District ownership or management, either through oil contamination, closure, or rescue of birds.  With closures came disruptions to public access of the park. 

This included the following nine regional parks:  Miller Knox, Brooks Island, Point Isabel, Eastshore State Park, Oakland Gateway (proposed), Middle Harbor, Robert Crown State Beach, Alameda Beach, and Martin Luther King Jr. Regional Shoreline. There are two separate lists – recreation and Restoration for funding.

A team of State and Federal Trustee agencies (Trustees) has begun a multi-year process to assess the ecological and recreational damages resulting from the oil spill.  The Trustees have solicited proposals to mitigate some of the adverse effects of the oil spill.  The District is participating as technical advisors in the NRDA process and has submitted twelve restoration projects to the Trustees.  Staff is also preparing descriptions for several recreational proposals which will also be submitted to the Trustees. 

Doyle and Victor explained that this was a very specific and difficult to track process; it is in litigation context, and that the list that Olson would be discussing could be considered a “wish list” because there was no way to accurately estimate how much funding the District would be approved for.

Sutter wanted to know if there was money anywhere.  Olson noted that an assessment had to be completed to determine the value first, and then that dollar amount would be used to disperse to projects.  Sutter asked about congressional appropriations, and Olson answered that the responsibly party will also be financially responsible.  A bond of $90 million was posted on the ship before it left port to assure this responsibility, according to Victor. 

Olson gave a detailed presentation to the Committee and reviewed each of the 12 projects and the criteria looked at for reimbursement. 

Bob Doyle also summarized the processes of reimbursement with the trustees.

Wieskamp asked about funding for the sand near Golden Gate fields on Albany Beach – she wanted to ask about cost effectiveness, using Crown Beach as an example.  Doyle and Olson answered that engineers were looking at that extensively. 

The Bruener Property was noted as a particular interest; it is considered a “blank slate” for use and access. 

The North Richmond Shoreline continuing south of the Bruener Property was the last item mentioned – Sutter wanted to know what the San Pablo Marsh area is currently used as– Olson answered that there is a variety of current uses, ranging from recycling to a gun club.  Doyle noted that there is a proposal to use some of the land adjacent for new housing.  Siden asked for and received clarification on where the casino and hotel proposed sites are.

Olson closed his presentation with the summarization that the timeline is hopeful at 3 years.  Olson noted that our agency was heavily affected by the oil spill.  The group wanted to be certain that the Board of Trustees which doles out funding was aware of this; Olson noted that the point has been emphasized many times. 

Chris Barton, staff member in the Land department, was recognized by Olson for his work and contributions with this project.

RECOMMENDATION:  This was an informational item only.  No Recommendation was necessary.

2.  Resource Enhancement Program – Agreements with the City of Livermore

Brad Olson explained that the District is participating in the East Alameda County Conservation Strategy (EACCS) in order to receive a streamlined regulatory approval process and to cooperate with other participating agencies (which include the Cities of Livermore, Dublin, and Pleasanton, the Alameda County Zone 7 Water Agency, and several transportation agencies) in developing a regional approach to natural resource impact mitigation.  Consistent with the EACCS process, District staff have negotiated two agreements with the City of Livermore to acquire 200 acres of mitigation property in the North Livermore Area for the El Charro Business Park and Isabel Avenue Interchange with Interstate 580.

Under the proposed agreements, the City would provide the District with $2,000,000 in land acquisition funds (which is about 200 acres of land) and $665,000 in endowments for the District’s perpetual management of the mitigation properties.  The District will have two years to acquire mitigation property and obtain approvals from the Department of Fish and Game and U.S. Fish and Wildlife Service.  Doyle noted that there has been some difficulty in negotiations between the Department of Fish and Game, but complimented the City of Livermore for “stepping up to the plate” and assisting the District in securing the agreements.  He noted that they have become a great partner with the District.  A Conservation Easement or similar land use restriction will be recorded over the mitigation properties.  Recreational uses including trails, roads, staging areas, restrooms, and picnic facilities will be permissible uses within the mitigation properties.

RECOMMENDATION:  Moved by Director Siden, seconded by Director Sutter, the Board Executive Committee unanimously recommended that the Board of Directors authorize the General Manager to execute agreements with the City of Livermore to receive approximately $2,665,000 in acquisition and management funding and to convey a Conservation Easement over approximately 200-acres of mitigation property.

Future Agenda Items: 
None

Next Meeting is July 22, 2008

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