The Board Meeting, which was held on July 17, 2007 at the Peralta Oaks Headquarters Building, 2950 Peralta Oaks Court, Oakland, CA, was called to order at 12:50 p.m. by Board President John Sutter.

ROLL CALL

Directors Present:
John Sutter, President
Ayn Wieskamp, Vice President
Ted Radke, Treasurer
Doug Siden, Secretary
Beverly Lane, Director
Carol Severin, Director

Directors Absent: Nancy Skinner, Director

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 John Sutter.

Staff Present Included: Pat O'Brien, Ted Radosevich, Dave Collins, Rosemary Cameron, Carol Johnson, John Escobar, Tim Anderson, Mike Anderson, Mimi Waluch, Bob Doyle, Larry Tong, Brad Olson, Susan Gonzales, Jim Townsend, Jack Kenny, Carol Victor, Randy Carlton, Pam Burnor, Don Goodenow, Anne Rockwell.

A. APPROVAL OF AGENDA

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

B. PUBLIC COMMENTS

There were no public comments at this time.

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

Consent Calendar Item C-1-d. was removed from the Consent Calendar by Director Lane for separate consideration.

By motion of Director Lane, seconded by Director Radke, the Consent Calendar was unanimously approved.

• C-1-a
  Approval of District Check Listing for the Period of June 23, 2007 through July 6, 2007
  Resolution No. 2007-7-168_(Attached)
• C-1-b
  Authorization to Negotiate with Various Property Owners
  Resolution No. 2007-7-169 (Attached)
• C-1-c
  Resolution to Support Pending State and Federal Legislation AB 534 (Smyth), SB 584 (Corbett), SB 669 (Torlakson) and S.992 (Boxer)
  Resolution No. 2007-7-170 (Attached)
• C-1-e
  Authorization to Accept the Bid for Construction of Swim Lagoon Upgrade – Depth and Volume Reduction: Don Castro Regional Recreation Area
  Resolution No. 2007-7-172 (Attached)
• C-1-f
  Authorization to Renew License Agreement with East Bay Municipal Utility District for Operation and Maintenance of Portions of Trail: Skyline National Recreation Trail
  Resolution No. 2007-7-173 (Attached)
• C-1-g
  Authorization to Enter into a Sole Source Agreement with Oratech Controls, Inc., to Purchase Three Multitrode Waste Water Pumping Station Control Panels for Del Valle Regional Park
  Resolution No. 2007-7-174 (Attached)
• C-1-h
  Authorization to Enter into an Agreement to Exchange Certain Real Property Rights with David R. Fischer and Kirsten Fischer: Carquinez Strait Regional Shoreline
  Resolution No. 2007-7-175 (Attached)
• C-1-i
  Authorization to Enter into Agreements with Ironhouse Sanitary District, Diablo Water District and Contra Costa Water District for the Construction and Operation of Roadway Improvements Associated with the Grade Separated Railroad Crossing at the East County Corporation Yard in Oakley, To Accept an Easement from Ironhouse Sanitary District, and to Transfer Funds: Big Break Regional Shoreline
  Resolution No. 2007-7-176 (Attached)
• C-1-j
  Approval to Reclassify the Office Assistant Position in Operations Administration to Senior Office Assistant
  Resolution No. 2007-7-177 (Attached)

The following discussion took place regarding Consent Calendar Item C-1-d:

• C-1-d
  Final Action Taken: Authorization for Budgetary Closure of Inactive Resource Enhancement Program Projects and Related Amendments to the 2007 Budget
  By motion of Director Lane, seconded by Director Wieskamp, item C-1-d was unanimously approved.
  Resolution No. 2007-7-171 (Attached)

Environmental Review Program Manager Brad Olson, on Director Lane's request, made a presentation on this item, explaining that its intent is to close inactive and/or completed Resource Enhancement Project accounts and transfer and consolidate any remaining funds from those accounts into an administrative project account to fund administrative costs related to future resource enhancement priorities.

Director Lane asked if the District should return any unexpended revenue funds. Mr. Olson stated that part of the agreement with the project applicant is that any and all funds received will be retained by the District. He added that these extra funds provide the mechanism by which the District is able to meet its management obligations relating to the various resource enhancement projects, and will be spent exclusively for this type of project.

Director Sutter asked staff to ensure that there exists language within project agreements that specifically allow the District to keep excess funds.

2. GENERAL MANAGER

• C-2-a
  Approval of the Measure CC 2007/08 Tax Report and Proposed Measure CC Budget Revenues and Expenditures for 2008
  By motion of Director Radke, seconded by Director Siden, the proposed 2008 Measure CC Expenditure Plan was amended with the additional appropriation of $250,000 representing the balance of the capital budget for the Wildcat Creek to Pt. Pinole Trail project (# 61), and adopted by a vote of 5 to 1 (Sutter – oppose).
  By motion of Director Siden, seconded by Director Wieskamp, item C-1-d was unanimously approved as amended.
  Resolution No. 2007-7-178 (Attached)

AGM of Management Services Dave Collins gave a presentation on the proposed expenditure plan and tax report, stating that this is the third year of implementation of Measure CC and is the annual adoption of the Engineer's Report which will allow taxes to be levied for the 2007/08 tax year. He added that there currently is a request by the local community, as presented to the Richmond Liaison Committee, to accelerate the appropriation of $250,000 for the Wildcat Creek to Pt. Pinole Trail project, which is not reflected on the expenditure plan as currently submitted to the Board.

Director Lane suggested that staff add more information about the Tidewater project to the description of the Martin Luther King, Jr. Regional Shoreline line item to help clarify the project. Director Sutter also asked AGM Mike Anderson to explain the various project-related activities within this park scheduled to occur from 2008 and 2009.

Director Siden expressed his appreciation to staff for preparing a comprehensive report and conducting a public hearing on this particular item.

Bruce Beyaert, representing the Trails for Richmond Action Committee (TRAC), addressed the Board to express support for the early appropriation of the remaining $250,000 for the Wildcat Creek to Pt. Pinole Trail project, and spoke about the benefits this trail will bring to the community, adding that Richmond Mayor McLaughlin also supports this proposal.

Director Radke explained that there was a concern expressed at the last Richmond Liaison Committee meeting that not enough funds were being set aside to complete the Wildcat Creek to Pt. Pinole Trail project, hence this request to accelerate the $250,000 appropriation. AGM Collins added that the Measure CC expenditure plan was adopted by the voters and that the amounts assigned to each project are fixed, with the exception of the Board's 10% Reserve.

Director Sutter stated that Measure CC projects have a set schedule of disbursements and expressed his concern that approving this request to appropriate $250,000 earlier than originally scheduled may cause a delay in the implementation of other projects, especially since there is a $2.2 million appropriation already scheduled in 2009 for the Tidewater project at Martin Luther King, Jr. Regional Shoreline. He also added that other projects may be shortchanged if this request for earlier appropriation was approved. AGM Collins answered that although there are enough funds in reserve this year, there may be some funding deficits in 2009.

Director Wieskamp expressed her support for accelerating the appropriation, stating that the citizens of Richmond are generally supportive of what the District is doing, and the project in question allows plenty of people to have access to a wonderful trail in their community. Director Wieskamp emphasized that there exists within Measure CC a reserve fund that the Board can tap when needed, and approving this request will not hurt other CC-projects.

• C-2-b
  Approval of Engineer's Report for Fiscal Year 2007/08, Adopt Resolution Confirming Diagram and Assessment, Order Maintenance, Improvements and Levy Annual Assessment for 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 (Gateway Valley) and Adopt Resolution Overriding Protests.
  Resolution No. 2007-7-179 (Attached)
  Adopt Resolution Overruling Protests
  Resolution No. 2007-7-180 (Attached)

Chief Finance Officer Randy Carlton stated that this item is the third step in a series of actions taken by the Board to approve the Two-County Landscape and Lighting District encompassing all of the East Contra Costa County territory of the District and raises approximately $4.3 million through special assessments. He added that the revenue has grown by about 2.4% compared to the prior year and has proven to be a very critical revenue source.

CFO Carlton asked that the Board President open this item for public testimony and take action on the staff recommendation; there was no testimony from the public.

By motion of Director Radke, and seconded by Director Wieskamp, the public hearing was closed.

By motion of Director Radke, and seconded by Director Wieskamp, item C-2-b was unanimously approved.

By motion of Director Lane, and seconded by Director Radke, a resolution overruling protests was unanimously approved.

3. BOARD AND STAFF REPORTS

• a. Actions Taken by Other Jurisdictions Affecting the Park District (O'Brien)

General Manager Pat O'Brien reported that the Richmond City Council unanimously approved the Pt. Richmond Shore project, involving 258 residential units located at Terminal One adjacent to Miller-Knox Regional Shoreline, on June 19, 2007.

GM O'Brien introduced Interagency Planning Manager Larry Tong, who gave a brief description of the project area map which he distributed to the Board. In response to various questions from the Board, Mr. Tong and AGM of Land Acquisition Bob Doyle stated that site clean-up will be part of the overall project; that Toll Brothers will, subject to BCDC approval, provide guardrails at the existing pier; the District will enter into an exchange agreement with the City of Richmond, giving the District the road right-of-way and the ability to oversee Toll Brothers; only condominiums will be built at the site (no single family homes); the Bay Trail will extend to the Brickyard Landing project.

4. GENERAL MANAGER'S COMMENTS AND COMMUNICATIONS

GM O'Brien introduced Facilities Manager Steve Myli, who gave a presentation on the Office Services Department's functions and responsibility areas. Mr. Myli also spoke about the role of various staff members in the department and how they contribute to the overall District goals. The Board expressed their appreciation of the Office Services Department's contributions to the District, citing the enthusiasm and excellent customer service and public relations skills that staff always exhibits. Mr. Myli also stated that discussions are currently underway for the redesign of the Board table.

Director Sutter asked about the District's current phone system and also suggested that reservations for the Trudeau Center be incorporated with the Reservations Department function. In response to a question by Director Sutter, Mr. Myli stated that the District's Administrative Office at Peralta Oaks may still accommodate more employees, if necessary, by re-configuring the existing cubicles.

Director Severin asked if teleconferencing is possible from the Board room; Mr. Myli answered in the affirmative. He also added that as part of the proposed redesign of the Board room, the District will be looking at updating its audio, video and computer hook-up capabilities.

GM O'Brien continued by highlighting various events that transpired recently at District parks.

Director Sutter remarked that he hoped to have a more permanent toilet facility at the Albany Bulb to replace the existing unit which, while not in District property, is not "park-like" in design.

GM O'Brien also reported that it was recently determined that the mud at the Middle Harbor beach was extremely soft. Due to safety concerns, signs prohibiting swimming and wading will be posted. In response to Director Siden's question regarding future plans for the beach, GM O'Brien stated that discussions are continuing. Director Wieskamp asked if the District guaranteed the building of a wading beach. GM O'Brien answered that the District only acts as a consultant since this park is actually a Port of Oakland facility.

Director Wieskamp asked staff to give her a report on the ADA status of the Coyote Hills garden.

Director Siden mentioned that naming the new Brooks Island work boat the "Siri Queen" was very appropriate. Asked if there were any other planned naming projects for the late Board member Jean Siri, GM O'Brien stated that staff discussions are continuing and any proposals will be brought forward to the Park Advisory Committee, Executive Committee and the Board.

5. ANNOUNCEMENTS FROM THE CLOSED SESSION

President Sutter advised that there were no announcements from the Closed Session, which was held on July 17, 2007.

6. BOARD COMMITTEE REPORTS

1. Legislative Committee (6/22/07) (Siden)

Director Siden stated that recommendations from the meeting were included in this meeting's Consent Calendar and acted on by the Board.

7. BOARD COMMENTS

Director Radke mentioned that the July 17 issue of the Contra Costa Times included a feature on places to visit; 2 of the 10 locations cited were District parks. He reported attending the following: the Legislative Picnic at Pt. Isabel, the Richmond Liaison Committee meeting on July 13 (he thanked the District legal staff for writing an opinion on the State Lands Commission lawyers' opinion letter); and George Miller's town hall meeting, which was well attended. Director Radke stated that he planned to attend the Contra Costa Council meeting on July 24 featuring Mark DeSaulnier, and reported on the status of the beavers in Martinez.

Director Wieskamp reported that she attended the Alameda County Mayors Conference in Newark with Director Severin, where she spoke about the District's Measure AA. She stated that she planned to attend the Park Advisory Committee meeting on July 23 at Las Trampas, Scott Haggerty's State of the County address at the Martinelli Center in Livermore. She also asked if the District will participate at the Festival of the Arts event in Fremont on August 4 and 5; Community Relations Manager Carol Johnson confirmed that the District is scheduled to participate. Director Wieskamp spoke about receiving a letter from Stopwaste.org expressing the concern of a Livermore Council member that the District should be doing more in terms of recycling, to which Sanitation Supervisor Dennis Waespi sent a response on behalf of the District. Director Wieskamp stated that for a geographically-dispersed organization, she believes that the District is doing a good job in its recycling efforts. She also distributed newspaper articles that reported on the newly appointed Council Member of Livermore and the Livermore Area Recreation and Park District's efforts in updating their master plan.

Director Lane stated that she attended the Pt. Pinole Legislative lunch, the Cattlemen's Farm Bureau Barbecue event at the Contra Costa Fairgrounds, a July 4th event attended by an estimated 40,000 people wherein the District's Bike Safety Patrol received an award for the best non-motorized transportation, and several meetings of the Advisory Board on the Concord Naval Weapons Station (CNWS) issue. She mentioned that the environmental coalition has asked that 80% of CNWS be kept as open space. This environmental group has also requested that the District develop an informational document on what it is and how it finances its operations. Director Sutter stated that this document will be very important, adding that he has heard comments from various groups that the District should be more aggressive in its approach to the CNWS issue. Director Wieskamp asked if the issue of funding the development of open space at CNWS has been discussed. GM O'Brien mentioned the possibility of creating a Zone of Benefit or a Mello-Roos Community Facility Act program. Director Lane also asked that staff mention in the Regional in Nature publication that recyclable plates and utensils are currently being used by the District in most of its events. She reported hiking at Briones as part of the District's Trails Challenge program, adding that she was pleased to see other hikers wearing their Trails Challenge t-shirts. She also suggested that staff compile copies of Bay Nature magazine and organize these into "volumes" to possibly give as gifts to Park District donors. Director Lane also commented that staff could have done a better job at posting signs to warn the public about the closure of the Iron Horse Trail; a notice of the trail closure should have been posted at the site well before the actual closure date, and one of the closed trail segments was not described correctly. She added that together with AGM Doyle, she will be leading a hike with a group from the Mt. Diablo Sierra Club on July 22; they will start from the Bollinger Canyon staging area and will hike to the Faria and Chen properties.

Director Siden reported that he met with a group from the Bay Trail project, attended a meeting with Alice Lai-Bitker and Nate Miley regarding the unincorporated communities' Livable Communities Initiative, the Alameda County Special Districts Association (ACSDA) meeting at the District's Administrative Office, the San Leandro Chamber of Commerce meeting on July 12, the Concert at Crab Cove on July 13, and the annual family event honoring the late Ray Dawson on July 14. Director Siden also announced that he planned to attend the BCDC meeting on July 19, a July 23 breakfast meeting with an Alameda Council member regarding the proposed extension of Measure AA, the Coliseum Area Committee meeting on July 26, the July 31 meeting with the informal San Leandro/Park District Liaison Committee, and the groundbreaking of the Bay Trail around Alameda Point on August 22. He added that he plans to attend the next Oro Loma Sanitary District meeting to recognize Herb Crowle, who is moving to San Diego, on his contributions to the Alameda County Special Districts.

Director Carol Severin announced that she attended the recent Alameda County Mayors Conference in Newark and ACSDA meeting. She also planned to attend the CARPD Board meeting in Sacramento on July 18. Director Severin mentioned receiving a call from a constituent who felt that Cull Canyon should be kept since its lake was an excellent water source for fighting fires in the area. She shared an advertisement on homes for sale in Fremont which referenced its proximity to Quarry Lakes as a selling point.

Director Sutter reported that there currently is a proposal in Oakland for a planning study that will included the Tidewater area at Martin Luther King, Jr. Regional Shoreline (MLK). Presented by Council member De La Fuente and a former aide, it proposes to set up a planning partnership between the City of Oakland and a private developer. It will involve changing Oakland's Master Plan and the Estuary Policy Plan which may lead to changing the zoning definition around MLK. Director Sutter also urged the rest of the Board to read the Apperson Ridge write-up in the Board packet news clips. He added that he attended the Legislative picnic, ACSDA, Foundation Board, Measure DD Committee, and various Chabot Space and Science meetings and observed their summer programs. District Counsel Ted Radosevich stated that he planned to present a brief summary on the status of the Apperson Ridge agreement to the Board in the future.

D. PUBLIC COMMENTS

There were no public comments.

E. ADJOURNMENT

The Board Meeting was adjourned at 4:32 p.m. by President Sutter

Allen Pulido, Acting Clerk of the Board

Attachments:
Visitors Log
Resolution Nos. 2007-7-168 through 2007-7-180
Board Committee Reports

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