DRAFT
Meeting Summary
City of Richmond/East Bay Regional Park District
Liaison Committee

December 9, 2008

Attendees:
City of Richmond:  Mayor Gayle McLaughlin, Council member Tom Butt,
Bill Lindsay, Rich Davidson, Steve Duran, Richard Mitchell, Nicole Valentino, Jim Matzorkis
East Bay Regional Park District:  Board member Ted Radke, Mike Anderson, Patti Zierman,
Mark Ragatz, Jim Townsend
Guests:  Bruce Beyaert (TRAC), Whitney Dotson (TRAC), Janet Whitlock (U.S. Fish & Wildlife Services), Bruce Joab (Department of Fish & Game), Carolyn Marn (U.S. Fish & Wildlife Service), Sharon West (City of Richmond Public Works – Parks), Charles McKinley (U.S. Department of Interior)

A meeting of the City of Richmond/EBRPD Liaison Committee was held December 9, 2008, City Manager’s Conference Room, Richmond City Hall.  Mayor Gayle McLaughlin acted as chairperson for the meeting.  The following is a summary of the items discussed.

Meeting called to order at 12:19 pm.         

• Introductions

Round Robin introductions were made.

• Public Comment

TRAC representative Bruce Beyaert thanked Mayor McLaughlin and Bill Lindsay for the great work they did in Sacramento and rallying people in support of the Bay Trail.

• Approval of Draft Meeting Summary from June 10, 2008 Meeting

The Meeting Summary for June 10, 2008 was approved as submitted.  Moved by Ted Radke, and seconded by Tom Butt.

Council member Tom Butt asked to amend the Agenda and add an emergency item to discuss the Point San Pablo Yacht Harbor.  New information came to his attention after the agenda was published which may require immediate action.  Ted Radke moved approval and the three elected officials present voted in favor. The item was added to the agenda as item #10.

• Regional Park Bond Extension Update

EBRPD Board member Ted Radke reported that 71.9% of the voters voted for the Measure WW bond extension, which is well over the two thirds majority votes needed, and unlike past elections, the Measure did as well in Contra Costa County as it did in Alameda County.  He said the first meeting regarding the application process for the local shares has already been held and the District is planning to offer the first series of bonds in January or February.  He stressed that before the City submits an application, the City must be ready to start the project.  He also mentioned that the District is pleased to have Whitney Dotson as its new representative.

AGM Mike Anderson reported that the District will entertain applications for the local share money each February and March through 2018, and the cities will then have 3 years to spend the money on projects.  Ted Radke mentioned that if a local project meets a regional need, the City should bring it to the attention of the District to find out if City and District can work together on it.

• Status of Oil spills – Cosco Busan (2007), Breuner Marsh, Castro Cove

Janet Witlock, U.S. Fish & Wildlife Services, handed out documents showing the natural resource damage assessments,  the Executive Summary portion of the Chevron/Castro Cove DARP/EA, and a document explaining the damage assessment and how the restoration projects were evaluated.

She explained that the Castro Cove claim is for natural resources damage to 203 acres of mudflat, tidal salt marsh, and subtidal wetlands, so compensation for restoration projects must be used for that type of resource.  However, the Cosco Busan claim is for lost human use as well as natural resource damage and explained that loss of human use projects can include trails or educational uses.  Mike Anderson asked if the mitigation projects can go outside the area the damage occurred in, to which Janet Witlock said yes, but it depends on the specific injury.  Mike Anderson said he thinks the oil spill from Cosco Busan didn’t have much effect on Richmond, but the District has interest in projects more north that potentially fit into this category. Charles McKinley, U.S. Department of Interior, explained that recovery on behalf of injuries to the Park District or the City is not constrained by the same criteria that the Federal and State Trustees are constrained by.  He assumes EBRPD, working with the State Fish & Game Department, will have flexibility to prioritize and pick the most appropriate projects.  But when Federal money is involved, they are obligated to follow certain Acts, which are particular about where you can do the restoration projects.

Tom Butt said the majority of the funding for the 203 acre Castro Cove claim is going to a project in Solono County.  Bruce Joab, Department of Fish & Game, responded that a public meeting will be held on December 17th and they are currently taking public comments until January 9, 2009.  Mr. Butt said the City Council of Richmond unanimously disapproved of the plan and many elected officials submitted letters objecting to it.  He feels disrespected since the Trustees know the City disagrees with the plan to use the majority of the funds for a project outside of Richmond.  He asked if there is any room to rethink it.  Mayor McLaughlin agreed that the City was clear that it wanted the remediation location to be reconsidered since the damage occurred in Richmond.  Council member Butt added that the City provided several opportunities for projects in Richmond and the Trustees said they would study those projects.

City Manager Bill Lindsay said he asked the Trustees to come to the meeting and explain to the group the thought process.  Janet Whitlock said the City put forth four projects which were Hoffman Marsh, Historic Castro Cove Wetlands, Breuner Marsh, and a creosote pier and piling removal project.  Additional time was spent collecting further information and the four projects were closely looked at.  She said the draft plan walks through results of the evaluation.

She said the Historic Castro Cove Wetlands is owned by other property owners and there are land as well as feasibility constraints.  Carolyn Marn, U.S. Fish & Wildlife, said Wildcat Marsh is in there and it is one of the projects first considered because if its proximity to Castro Cove, but there is limited restoration potential because it is already looking pretty good.  Also the wetlands consultant that visited the site concluded that the cost of doing something would be very high relative to the benefits. 

Janet Whitlock said they also looked at Hoffman Marsh and found there is some work that could be done in terms of restoring tidal flow and contaminate removal.  They communicated with EBRPD and were told there are significant issues with land ownership so the feasibility ranks very low.  She said EBRPD said it is not feasible at all.  Jim Townsend said a major portion of the land is owned by the railroad.  Mike Anderson will confirm this with Brad Olson.

Ms. Whitlock said they looked at the creosote and piling removal project and are not sure of the cost or how much the benefit would be.  She said it’s their understanding there is $600,000 available from BCDC to do that work and they are not sure how much more it will cost or what the benefit will be.  They are still gathering information but it appears that it will be very costly for the acreage, and the benefit to habitat may not be what they need in terms of trying to compensate for injuries to habitat.

Mayor McLaughlin said biggest project interest is Breuner Marsh.  Ms. Whitlock said there is a tentative negotiation with Chevron for $750,000 to be used for 30 acres of tidal marsh restoration.  Mike Anderson said $750,000 is not enough to pay for restoration of 30 acres and asked why only $750,000 is dedicated for the marsh, and why enough money is not being dedicated to the project to allow implementation. He was told that at the time the Trustees went into settlement negotiations, they did not have firm cost estimates for Breuner Marsh.  It was also explained that since 203 acres were damaged 203 must be restored, so the projects need to be looked at on a per acre basis.  Mr. Anderson asked for a clear explanation of the basis for the amount of $750,000 and said we don’t have a project without more money.  He explained that the property in this area is expensive, and it costs a lot to do the work here.  He said this money should not be taken outside the area just because it is cheaper to do a project elsewhere.

Janet Whitlock said they looked at projects around the North Bay based on a per acre cost.  She said the cost at Breuner Marsh is 2.5 times more than at Cullinan Ranch.  She said the Trustees need better cost estimates for Breuner Marsh and have needed them all along.  Charles McKinley explained that there was no plan for Breuner at that time, so they looked at other North Bay projects.  He said the $750,000 amount was arrived at by estimating $25,000 per acre for 30 acres.  This amount was used because it is within a range of values for North Bay restoration projects which range from $11,000 to $60,000 per acre.  Janet Whitlock said the Trustees still need cost estimates for Breuner and she said the language in the National Environmental Policy Act is explicit so they need to consider that as well as science.

Charled McKinley said Solono County is getting $1.9 million for 173 acres, $750,000 will go to the Breuner Marsh project for 30 acres, and $20 – $30 million is for the Castro Cove primary restoration cleanup.  Carolyn Marn said since there was not lose of human use at Castro Cove, the money can not be used for something for human use, and the money must be used to restore 203 acres of tidal marsh and mudflats.

Janet Whitlock said they are working with EBRPD on habitat and resource injury as well as lost human recreation use from the Cosco Busan spill and they are starting to solicit restoration projects.  Mark Ragatz said the District has provided a list of 6 or 7 resource projects and 20 or so recreational use projects.

Charles McKinley said the Warden’s investigation report for the toluene spill in Breuner Marsh is with the Contra Costa County District Attorney office waiting for evaluation. 

Mike Anderson will talk to Brad Olson and let the City know the cost of restoring Breuner Marsh and Jim Matzorkis, Executive Director of the Port of Richmond, will call U.S. Fish & Wildlife regarding the cost of taking out the pilings, and then respond to the Trustees.

• State Lands Comm./Chevron Long wharf Lease - Update

Mayor McLaughlin said the project is moving in the right direction and that at the hearing in Sacramento it was quite clear that people want to see Chevron pay for the Bay Trail as a condition of the lease renewal.  She said several people showed up in support of it.

Bill Lindsay added that the result was better than he expected it would be.  There was a focus on the legal issue of whether or not there is a nexus between the lease and almost any conditions, but really focused on the Bay Trail.  Lt. Governor Garamendi concluded that this segment of trail should get done in conjunction with the lease, but it should be a stone soup of funding with more money coming from Chevron towards the project, but also said money should come from CalTrans, EBRPD, and the City.  Initially he said $1M from City and $2M from EBRPD.  Pat O’Brien and Bill Lindsey agreed to come up with $3M between the two agencies somehow.  The item was continued to the next meeting which is January 29th in Santa Barbara.  State Lands Commission acknowledged that this is the time to get the project done.

Mayor McLaughlin said the discussion centered around long wharf being exclusively for private enterprise so the State Lands Commission has the public trust to uphold and it is public land with no access to it, so it makes sense to grant public access to another area that isn’t the long wharf.  Lt. Governor said construction money is key and she said she believes he said $5 million from Chevron $5 million from Caltrans, and $3 million from the City and Park District and she asked if that amount is sufficient to build the trail.  Rich Davidson said it is estimated to cost from $15 to $20 million dollars so it will be a little short if these amounts are correct.  He said completing the portion on the pedestrian bridge is a priority and will cost the most.  He thinks it could possibly be accomplished with the money mentioned above and he is currently putting  out an RFP for the design of the pedestrian bridge over the pipe near the long-wharf. 

Mike Anderson asked if the District must make a commitment for its share of the money at the January 29, 2009 meeting.  Bill Lindsay responded to be safe we probably should.  Mike Anderson will speak with Pat O’Brian so the District and the City can act on it before the 29th.

• Status of Wildcat/San Pablo Creek Bay Trail Segment

Jim Townsend reported that the West Contra Costa County Sanitary District is well underway with its solar project installation, which is along the route of the trail.  He said the solar project caused the trail project to be re-negotiate and resulted in a very modest realignment of the trail.  Significant progress has been made regarding access issues and the trail will be open during typical EBRPD operating hours.  Once the solar project is complete, the District will complete the design and raise more funds to complete the trail.

Mr. Townsend said he spoke with Signature Properties regarding Wildcat Creek trail to Richmond Parkway crossing and he was told Signature Properties might provide a signalized at grade crossing, which is a hazard but it is an interim solution.  If Signature does provide a signal crossing, the District would still want some property set aside for an overcrossing. 

Tom Butt asked about cleaning the dirt out of the undercrossing and Jim Townsend said that wouldn’t work because the trail has standing water on it year round.  The Park District has funds set aside to implement a fix, but Flood Control told him to come back in 2 years.  It is his understanding that Flood Control is doing modeling on silt in Wildcat.  Whitney Dotson said we should make sure the community has appropriate access to the Bay Trial.  He said the over-pass in Berkeley has been a positive stimulus for people using the Bay Trail.  In terms of the underpass, it’s dangerous, even when it is working properly.  Mr. Dotson suggested speaking with the redevelopment agency and Supervisor Gioia’s office.

• City/EBRPD Cooperation In Opening East Trail at Miller Knox - Update

Jim Townsend said EBRPD staff will help Tony Norris develop an alignment for the trail.  Once the trail is re-opened the City will grant the District an easement to maintain the trail.  Bill Lindsay will speak to Tony Norris about contacting Jim Townsend regarding the easement.

• Update on Park Freeway Signs and Way Finding

Ted Radke complimented Tom Butt his persistence in getting the signs installed.  He said they look good and give the District much more of a presence. 

• EMERGENCY ITEM: Potential to purchase Point San Pablo Yacht Harbor. 

Tom Butt said there is a possibility that Point San Pablo Yacht Harbor is for sale and he thinks there is a lot of potential public purposes for the property, such as the Bay Trail and open space. Mayor McLaughlin said the Point San Pablo Preservation Society mentions the yacht harbor property in its brochure.  Mr. Butt asked if the City or Park District have any interest in this property.  Jim Matzorkis suggested the environmental conditions be looked into.  Mike Anderson brought up some potential complications with this property and said he will speak with Pat O’Brien and Bob Doyle and get back to Bill Lindsay. He said the Board would need to act on this.  Tom Butt will write a draft resolution for the City Council asking for an appraisal, and send it to the District for comments. 

• Potential 2009 Meeting Dates

Bill Lindsay will narrow down the list of potential dates and return it to Patti Zierman.

• Agenda Building

Remove Freeway signs

The meeting was adjourned at 2:07

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