REVISED BOARD LEGISLATIVE COMMITTEE Friday, August 19, 2016 1:30 p.m. EBRPD - Administrative Headquarters 2950 Peralta Oaks Court Oakland, California 94605 The following agenda items are listed for Committee consideration. In accordance with the Board Operating Guidelines, no official action of the Board will be taken at this meeting; rather, the Committee’s purpose shall be to review the listed items and to consider developing recommendations to the Board of Directors. A copy of the background materials concerning these agenda items, including any material that may have been submitted less than 72 hours before the meeting, is available for inspection on the District’s website (www. ebparks.org), the Headquarters reception desk, and at the meeting. Public Comment on Agenda Items If you wish to testify on an item on the agenda, please complete a speaker’s form and submit it to the recording secretary. Your name will be called when the item is announced for discussion. Accommodations and Access District facilities and meetings comply with the Americans with Disabilities Act. If special accommodations are needed for you to participate, please contact the Clerk of the Board at 510-544-2020 as soon as possible, but preferably at least three working days prior to the meeting. AGENDA TIME ITEM STATUS STAFF 1:30 1. STATE LEGISLATION / ISSUES Doyle/Pfuehler A. NEW LEGISLATION 1. AB 2796 (Bloom D-Santa Monica/Low R D-Silicon Valley) – Active Transportation Program 2. SB 450 (Allen D- Santa Monica) – R Vote by Mail Voting and Mail Ballot Elections B. ISSUES 1. Park Bond Update (AB 2444) I 2. Endowment Bill Update (SB 1020) I 3. Cap and Trade I 4. Other Issues I 2. FEDERAL LEGISLATION / ISSUES Doyle/Pfuehler A. NEW LEGISLATION – N/A B. ISSUES 1. Land and Water Conservation Fund Grant I Application 2. Other Issues I 3. BALLOT MEASURES A. Oakland Infrastructure Bond R B. Proposition 65 (Doyle L. Johnson) – R Environmental Fee Protection Act and Proposition 67 – California Plastic Bag Ban Referendum C. Measure CC D D. Contra Costa Transportation Expenditure R Plan E. Hayward Area Recreation and Park District R Safe, Clean, Local Parks F. Bay Area Rapid Transit Bond R 4. ARTICLES 5. OPEN FORUM FOR PUBLIC COMMENT Individuals wishing to address the Committee on a topic not on the agenda may do so by completing a speaker’s form and submitting it to the recording secretary. 6. BOARD COMMENTS (R) Recommendation for Future Board Consideration (I) Information (D) Discussion Legislative Committee Members Future Meetings: Diane Burgis (Chair); John Sutter; Dennis Waespi January 15 August 19 Doug Siden, Alternate March 18 October 21 Erich Pfuehler, Staff Coordinator April 15 December 16 June 1 Distribution/Agenda Distribution/Full Packet District: Public: District: Public: Mimi Waluch Norman LaForce Board Members Pat O’Brien Kristina Kelchner Peter Rauch Robert Doyle Dr. George Manross David Zuckermann Afton Crooks AGMs Doug Houston (via-email) Ira Bletz Stana Hearne Erich Pfuehler Bruce Kern (via-email) Connie Swisher Judi Bank Jeff Rasmussen Elissa Robinson (via e-mail) Sharon Clay Michael Kelley Tiffany Margulici Rick Rickard (via-email) Bruce Beyaert (via e-mail) Anne Kassebaum Peter Umhofer (via-email) Mark Ragatz Sean Dougan Mona Koh Yolande Barial Knight Mark Pearson – Local 2428 Eri Suzuki – Local 2428 Xiaoning Huang – Local 2428 Tyrone Davis – POA Lobby/Receptionist Lisa Baldinger TO: Board Legislative Committee (Chair Diane Burgis, John Sutter, Dennis Waespi and Alternate Doug Siden) FROM: Robert E. Doyle, General Manager Erich Pfuehler, Government Affairs Manager SUBJECT: Board Legislative Committee Meeting WHEN: Friday, August 19, 2016 – 1:30 p.m. Lunch will be served WHERE: Board Room, Peralta Oaks _______ Items to be discussed: I. STATE LEGISLATION / ISSUES A. NEW LEGISLATION 1. AB 2796 (Bloom D-Santa Monica / Low D-Silicon Valley) – Active Transportation Program Assembly Members Richard Bloom and Evan Low’s bill would require at least 10% of the Active Transportation Program (ATP) funding to be allocated for planning and non-infrastructure activities. By establishing a 10% minimum requirement in statute for planning and non- infrastructure projects, the bill would reduce the amount of funding available for ATP infrastructure projects, thereby creating pressures on an oversubscribed program. Current ATP guidelines specify 2% of funds are set aside for planning. The bill also, however, allows a local agency to spend its own funds on a project and then be reimbursed by the ATP at a later time. This fund advancement concept would help the District in accessing ATP funds in a timely manner. For example, current ATP applications for Lone Tree and Doolittle are for 2019-20 and 2020-21, which is the earliest the ATP program has funding available. Should this legislation be enacted, the District could spend funds on either Lone Tree or Doolittle in advance of 2019 and potentially be reimbursed later by ATP funds when they become available. Overall, the ATP should seek to better align application periods with funding availability, but that is not specifically addressed in this legislation. The bill is supported by Bike East Bay, Rails-to-Trails Conservancy and the Trust for Public Land, among others. Staff Recommendation: Watch 2. SB 450 (Allen D- Santa Monica) – Vote by Mail Voting and Mail Ballot Elections Senator Ben Allen introduced SB 450 on behalf of Secretary of State Alex Padilla. The bill would allow counties to mail all voters ballots which could be returned at any of several “vote centers.” Vote centers are required to be open, in lieu of polling places, for 10 days preceding, and on, Election Day. Ballots could also be dropped off in secure boxes available 24 hours a day. Drop- off locations are to be available from the 28th day before the election through Election Day. SB 450 is modeled after the way Colorado conducts its elections wherein every voter automatically receives a vote by mail ballot. Colorado voters may then return their ballots by mail or in person at numerous drop-off locations and innovative vote centers. In lieu of traditional neighborhood polling places, these vote centers are placed in convenient locations and open 1 several days prior to each election. Furthermore, voters can use any vote center or drop-off location in their home county – they are not limited to using the one closest to their residence. Staff Recommendation: Support B. ISSUES 1. Park Bond Update (AB 2444) Advocate Houston will provide a verbal update about the status of a possible state park bond and/or inclusion of park interests in any broader infrastructure bond. 2. Endowments Bill Update (SB 1020) Advocate Houston will provide a verbal update about legislation addressing endowments and the District. 3. Cap and Trade The Governor and Legislature agreed to the parameters of the state budget in June. Due to lower than expected revenues in the May auction (generating only 2% of the expected $500 million), however, the Cap and Trade budget allocations have been deferred to a trailer bill. As of this writing, discussions about the $1.4 billion of unspent reserves are being held up by the debate about SB 32. SB 32 requires a statewide emission reduction target of 40% below 1990 levels by 2030. It would essentially ensure the greenhouse gas reduction fund and Cap and Trade program continue until at least 2030. It has become a significant enough debate in the legislature that the Governor has proposed putting the goals of SB 32 before the voters as a statewide ballot measure. The Governor’s proposal for the “discretionary” funding in this year’s budget is $3.2 million in total and includes: $150 million for healthy forests $30 million for urban forests $60 million for wetland and watershed restoration $20 million for urban greening $60 million for renewable energy and energy efficiency projects The accessibility of these funds for the District is unknown at this time. 4. Other Issues II. FEDERAL LEGISLATION / ISSUES A. NEW LEGISLATION – N/A B. ISSUES 1. Land and Water Conservation Fund Grant Application The District’s application for $750,000 from the Outdoor Recreation Legacy Partnership LWCF grant program is one of two projects approved by the state Department of Parks and Recreation (DPR) and recommended to the National Park Service (NPS). The project is tidal marsh restoration, upland enhancement and public access improvements at Bay Point Regional Shoreline. If awarded, this grant would leverage significant funds for the project, estimated to cost between $7 and $9 million. The project will restore 27-acres and acquire an easement on 2 an adjacent property to improve public access to the main channel of the Delta. The enhanced and restored wetlands and park improvements are designed to be resilient and adaptive to sea level rise. 4,020 people live within a half mile radius of Bay Point Regional Shoreline with a per capita income of $15,920 (Source: LWCF Fact Finder). The NPS will issue $15 million in grants nationwide to benefit mostly disadvantaged communities. With only two applications per state advancing for NPS consideration, this is a highly competitive program. NPS’s project award list is expected mid-September. At this time, District staff and advocates are working to garner support at the Federal level for the Bay Point application. 2. Other Issues III. BALLOT MEASURES A. Oakland Infrastructure Bond The City of Oakland approved a $600 million infrastructure bond measure for the November 2016 ballot. The funds are divided into three allocation areas: 1. $350 million – Streets, sidewalks, and pedestrian, bicycle and traffic safety; 2. $150 million – Public safety and improving quality of life – libraries, parks and recreation, fire and police; 3. $100 million – Housing anti-displacement measures. This measure will prioritize project funding based on four criteria; does it: 1.