Approved Meeting Minutes
PARK ADVISORY COMMITTEE

June 23, 2008

ATTENDING: Bank, Cant, Coffey, Coomber, Dotson, Guarienti, Hart, Hudson, Kaplan, Kirby, Mercurio, Phillips, Shalaby, Shimansky, Vann, Walters, Williams

NOT ATTENDING: Harryman, Hooper (excused), Peters (excused), Southworth (excused)

STAFF ATTENDING: Barial, Collins, Duffy, King, Kenny, Pfuehler,

BOARD MEMBERS: John Sutter

GUESTS: Noner

1. Approval of Minutes: The May 19, 2008 meeting minutes were approved with no edits.  PAC member Kirby seconded and noted the minutes were detailed and concise.  There were no abstentions.

2. Introductions: Chair Guarienti asked PAC Members and District staff to introduce themselves.

3. Presentations:

a.  Extension of Regional Park Bond:

AGM of Finance and Management Services, Dave Collins, presented information about the upcoming bond extension.  He referenced three documents included in the PAC packet:  The project list, the ordinance and the survey. 

AGM Collins reviewed the 2008 Regional Park Bond Extension Final Project List, which targets distribution of funds should the extension be approved by the voters in November.  The Board requested the contingency fund be reduced from 10% to 7% in order to add about $11.25 million back into high-priority projects.  The District’s website (http://www.ebparks.org/) contains a map with the locations and descriptions of the projects.  Chair Guarienti complemented the interactive map and Williams clarified that AGM Collins was demonstrating it with a live feed.  AGM Collins noted the project list would be included in the voter handbook, as it was for Measure CC which was passed in 2004.  Chair Guarienti asked if the map would be in the handbook.  AGM Collins responded the elections code would not allow the map’s inclusion.

Hart asked about Project #15, the Concord Naval Weapons Station (CNWS).  AGM Collins stated the $15 million allocated for this project is intended for the development of a world class park on a portion of the former CNWS.  He also clarified the District would be working with Concord, the Navy and the National Park Service on a public conveyance of the property.

Hart also asked about project #18, Crown Beach and Crab Cove interpretive center, and dredging along the Hayward Regional Shoreline.  AGM Collins clarified that funding from the bond extension would be used to leverage other funds for projects such as sand restoration and dredging. 

Finally, Hart wanted to know if the “Stanford Avenue” reference in project #41, Mission Peak, included the actual road or just the staging area.  AGM Collins stated the intention was the staging area.  He emphasized the project list provides a transparent snapshot of what the District intends to do, but that projects may need to be modified in the future to better reflect needs and opportunities.

Vann wanted clarification about the contingency change.  AGM Collins noted the Board, on June 3, instructed District staff to restore funding to projects which were reduced from earlier versions of the list.  In order to restore funding without cutting elsewhere, the Board decided to drop the contingency fund from 10% to 7%.  AGM Collins summarized 13 projects  had funds restored because of the Board’s request.

Phillips wanted to know if the list was prioritized.  AGM Collins stated it was not.

Mercurio asked about additional funding for the southern part of the Bay Trail.  AGM Collins noted funding may need to be shifted throughout the 20-year life of the measure and keeping it equally divided among the wards is difficult. 

Shalaby asked if voters would see a city by city breakdown.  AGM Collins answered most cities have not identified their projects and simply listing dollar amounts does not provide useful information about what will be done with the money.

Shimansky asked if the cities had input into the project list and fund allocations.  AGM Collins answered yes and specifically complimented Oakland for coordinating their projects with the District in order to avoid duplicative work. 

Shimansky also wanted to know how the Board arrived at a 7% contingency.  AGM Collins explained the contingency in Measure CC was 10%, but in order to restore funding to the Board’s priority projects without taking away from others the money needed to come from the contingency.  AGM Collins also noted the contingency is being established for the discretion of future Board’s.

Williams wanted clarification about the tax assessment rate given the weakening of the housing market.  AGM Collins answered the bonds don’t get sold all at once, but rather in series (closer to about $50 million every two years, as opposed to the entire $500 million all at once).  Over time, the District should be able to absorb the ups and downs of the housing market.

Ordinance:  AGM Collins reviewed the summary of the Ordinance. 

Williams asked about the section of the Ordinance which allows the Board to modify the project list in future years.  AGM Collins explained that future Board’s need some flexibility to adopt to changing opportunities and challenges.  He reminded the group the District has a reputation for following lists (i.e., Measure CC) as originally allocated and not moving funds and projects unless necessary. 

Kaplan asked when the District would know the ballot designation of the bond (AA, etc.).  AGM Collins noted Alameda County will assign the measure’s designation in August. 

Shimansky clarified that the bond measure will have the same designation in both Alameda and Contra Costa Counties.  AGM Collins affirmed and noted the District would like to get “AA” again, but it is not a guarantee.

Shimansky also asked for a clarification about the interest throughout the life of the bond.  AGM Collins explained the District earned about $29 million in interest from the original Measure AA.  He also reiterated his goal of the District paying off the bonds every two years in order to maximize interest.

Survey:  AGM Collins reviewed the preliminary results of the latest survey from Strategy Research Institute (SRI).  This survey includes all voters, but excludes Livermore because Murray Township is not included in the measure.  He reported that 72% of people surveyed overall are in support of the measure.  Additionally, he noted that Opinion Leader (a subset of people that meet certain criteria set forth by SRI and are considered leading indicators) support softened by 6.5%.    

Hart pointed out the mistakes Union City made in failing to pass a parcel tax extension for public safety services in June.  AGM Collins admitted the economic downturn was reflected in the survey by the softening of people from “definite yes” to “probably yes.”

Shimasky asked if there would be opposition.  AGM Collins indicated that most likely there would be anti-tax groups opposing the measure.

Walters noted the “poster project(s)” is really the 25% of the bond funding that goes to local communities for their parks. 

AGM Collins also reviewed the wording of the ballot question and highlighted the need to emphasize urban creek restoration.

Chair Guarienti asked if the PAC was being asked to make a support recommendation to the Board.  AGM Collins affirmed.

Shalaby asked what the PAC could do to advocate and educate about the measure.  AGM Collins noted he would double check on involvement restrictions with District Counsel.  Hart asked about available resources to PAC members in their support of the measure.  AGM Collins noted the District would provide appropriate information to anyone who is interested.  Kirby added a question for Counsel about the legality of identifying themselves as members of the PAC if they provided individual support for the measure.

Walters moved the PAC recommend the bond extension and ordinance to the Board, Kirby seconded.   Hudson voted against the recommendation and noted he didn’t think people were ready to spend money at this time.  By a majority vote, the extension of the regional park bond was recommended favorably to the full Board for approval.

b.  Ordinance 38 Minor Update

Lt. Jon King introduced proposed changes in Ordinance 38, the specific rules for use and protection of Regional Parklands (violators of Ordinance 38 rules are subject to citation or arrest).  Each year, ordinances are reviewed by the Public Safety and Operations divisions.  Chair Guarienti noted most of the suggested changes this year are minor and would not need explanation.  He did, however, ask for clarification about the alcohol permit change.  Lt. King responded that, initially, alcohol permits were intended to be issued to large, corporate-type gatherings for special events.  Some smaller groups, however, have repeatedly purchased the permits and alcohol-related incidents for these groups have increased at Shadow Cliffs and Contra Loma.  The Ordinance 38 change would allow special event permits where alcohol could be allowed, but would tighten down on the ability for smaller groups to repeatedly purchase alcohol permits.

Kirby noted the change on section 409.8c.  He attended an event at a District park where unicycles were present and was happy they were included.  He was also pleased there was another multi-use trail coming on line.

Coomber asked about personal conveyance restrictions and definitions.  He wanted to know if there was an exception for wheelchairs.  While he has not had problems with District park trail usage, other parks are problematic for wheelchair users.  Lt. King answered there was an exception for wheelchairs, electric-powered wheelchairs and bicycles while being operated by a person with a medical condition which impairs normal mobility.

Cant asked about the burrowing owls at the Albany Plateau and the no dogs rule.  Lt. King noted this was a habitat enhancement issue where the presence of dogs would not be helpful.

Hart expressed her appreciation for Public Safety’s work.  Lt. King thanked her and extended an invitation for any PAC member to “ride along” with Public Safety.  

Shimansky asked if District radio equipment was compatible with the City of Oakland.  Lt. King answered the systems were not compatible, but noted his car has three different radios and a scanner which proves effective in keeping in communication with other agencies.  The District has a low-band radio (the waves travel far distances).  This is different than the 800mz used by the City of Oakland and County of Alameda because of foliage absorption with those radios.  He also stated that Chief Anderson (not present) is on a regional board for new frequency systems.

Kirby moved to recommend the proposed changes to Ordinance 38 to the full Board for approval, Phillips seconded.  By unanimous vote the Ordinance changes were recommended favorably to the full Board for approval.

c. Quagga/Zebra Mussel:

Jack Kenny, Chief of Parks, passed around samples of Quagga and Zebra mussels.  He reviewed information distributed by the 100th Meridian Initiative to stop the mussels from spreading west.  Unfortunately, the mussels have spread to California.  Chief Kenny reviewed mussel size, history and biology.  The mussels multiply rapidly and have up to five lifecycles per year.  They are native to the Black and Caspian seas, and have predators there, but not in the US.  They also reproduce faster in warmer water.  They impact recreation by infesting boats and docks, as well as recreational fishing by eating small organisms indigenous freshwater life would otherwise consume.  They also block water intake and discharge pipes.  He showed some slides depicting mussel infestation.

Chief Kenny reviewed the California Department of Fish and Game Code 2301.  This code provides guidelines by which to search watercraft and hopefully prevent infestation from occurring in California lakes.

Chief Kenny noted ways to check and test for mussels.  District kiosks have been handing out flyers, reviewing vessel and equipment surveys, and conducting inspections.  Five lakes in the District threatened by mussel infestation:  Lake Chabot, Del Valle, Contra Loma, Quarry Lakes and Shadow Cliffs.  Chief Kenny reviewed the District’s plan to prevent infestation, which includes 25 District staff being trained to inspect boats, and a ban on out-of-state boats initiated May 23.  On June 3, the Board voted to initiate an inspection program in cooperation with water agencies.  District lakes will be closed to private boats from December 2008 through April 2009.

Chief Kenny discussed Santa Clara County’s efforts to use a banding system, where bands are placed between boats and trailers when a boat passes inspection.  This system allows clean boats to return without inspection as long as the band is not broken.

Shalaby asked how easy it is to detect the mussels.  Chief Kenny noted the importance of feeling for the sandpaper-like texture.

Hart asked if there were regulations to keep infested boats out of the water.  Chief Kenny noted infested boats will be quarantined and not allowed in lakes until they are clean.  He also reviewed the ways to get rid of mussels.

Chief Kenny noted that inspections will be free for the July 4th weekend.  After that, there will be a small fee charged.  It will range from $3-$6, pending Board approval.

Shalaby wanted to know if the five District parks with lakes were communicating with each other about infested boats.  Chief Kenny stated that there is inter-communication within the District.

Kirby asked if the District had information about possible infestation of the brackish Delta waters.  Chief Kenny answered that many people were concerned about pumping in the Delta.

Since this was an informational item no action was needed.

4. Public Comments:

None

5. Board Member Comments:

Director Sutter reviewed AGM Collins’ presentation about the bond extension.  He assured the PAC the Board took comments by the public into consideration.  As an example, he highlighted the comments provided by the bike riding group at the City of Fremont.  He also mentioned the Dunsmuir Heights Trail where money was allocated.  Director Sutter noted the appeal of restoring urban creeks to the public, and thus money was added.   He also suggested that cities should compile lists for how they would allocate their share of the bond funding.  He appreciated the support of the PAC and expressed optimism about the measure passing.

6. PAC Member Comments:

Kaplan announced that he and Coffey attended the Hercules Fair as park ambassadors.  This year, the fair had lower attendance as it corresponded with high school graduations.  Shalaby enjoyed the PAC field trip and appreciated the staff participation.  Coomber reminded the group about the upcoming rededication of Castle Rock Park.  He also shared his recent achievement of earning the President’s Council on Physical Fitness and Sports Community Leadership Award.  The group congratulated him for the honor.   Mercurio reminded the group that one way to support the bond measure is to support the campaign.  In connection with recent agency requests to conserve water, Shimansky asked to see a list regarding conservation efforts by the District.  District staff noted they would see what they could find.

7. Report from the Chair:

Chair Guarienti reminded the group about the upcoming Executive Committee and Finance Committees.  Hooper is out of town so Shimansky agreed to try and be available for the Finance Committee.  Both Agendas were available for review.  Chair Guarienti restated his encouragement for PAC members to attend District events such as the upcoming rededication of Castle Rock Park.  Doing so would help members earn volunteer hours as well as get an education.  He also complimented District staff for their work on the recent field trip.  He finished by recapping the volunteer recognition dinner and again encouraging all PAC members to attend events.

8. Board Committee Reports:

Banks summarized the Natural and Cultural Resources/Ecology Committee’s discussion about Sunfish and the delay until 2009 of the Serpentine Prairie’s CEQA review.

Kaplan reviewed the Operations meeting.  He reported about the Quagga/Zebra Mussel and Ordinance 38.  He noted Stewardship and Operations are in the process of purchasing a mobile visitor center and mobile fish exhibit.  Chair Guarienti noted he saw a similar exhibit at Quarry Lakes at the Special Kids Fishing Derby and it was a popular attraction.

9. Status of Recommendations:

Chair Guarienti reviewed the status list in the packet:  Dublin Hills, Panorama trail and the Comprehensive Annual Financial Report (CAFR).  Kirby wanted to know if the PAC would be making a recommendation for the Pleasanton Ridge Interim Land Use Plan (ILUP), and Pfuehler noted Brian Wiese (not present) discussed the issue at the last meeting (Kirby was absent) and informed the PAC the ILUP would likely come before them as a recommendation item in the fall. 

10. Old Business:

None

11. New Business:

None

12. Adjournment:

The meeting was adjourned at 9:16pm.  The next meeting will be Monday, July 28, 2008.

Respectfully submitted,
Susan Duffy, Acting PAC Secretary

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