BOARD LEGISLATIVE COMMITTEE Wednesday, December 6, 2017 12:30 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 12:30 I. STATE LEGISLATION / OTHER MATTERS A. NEW LEGISLATION – N/A B. OTHER MATTERS I Doyle/Pfuehler 1. Endowments Update 2. Park Bond Update 3. Other Possible Ballot Measures (transportation, water) 4. Other Matters II. FEDERAL LEGISLATION / OTHER MATTERS A. NEW LEGISLATION R Pfuehler 1. H.R. 4208 (Thompson D-CA) and S. 1999 (Cantwell D-WA) – Wildland Fires Act of 2017 B. OTHER MATTERS 1. D.C. Trip Outline I Pfuehler 2. Other Matters III. 2018 LEGISLATIVE AND GOVERNMENTAL R Pfuehler PRIORITIES IV. MEASURE CC UPDATE I Pfuehler/Baldinger V. STRATEGIC RESEARCH INSTITUTE R Pfuehler/Doyle CONSULTANT CONTRACT VI. ARTICLES VII. OPEN FORUM 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. VII. BOARD COMMENTS (R) Recommendation for Future Board Consideration (I) Information (D) Discussion Legislative Committee Members Future Meetings: Ellen Corbett (Chair); Beverly Lane; Dennis Waespi January 27 July 21 Colin Coffey, Alternate February 24 CANCELLED August 25 Erich Pfuehler, Government Affairs Manager March 17 September 22 April 14 RESCHEDULED October 20 May 19 November 17 POSTPONED June 16 December 6 RESCHEDULED 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 Lisa Baldinger Elissa Robinson (via e-mail) Sharon Clay Michael Kelley Jeff Rasmussen Rick Rickard (via-email) Rachel Sater Bruce Beyaert (via e-mail) Tiffany Margulici Peter Umhofer (via-email) Anne Kassebaum Joshua Hugg Steve Castile Sean Dougan Mona Koh Yolande Barial Knight Mark Pearson – Local 2428 Eri Suzuki – Local 2428 Xiaoning Huang – Local 2428 Tyrone Davis – POA Lobby/Receptionist TO: Board Legislative Committee (Chair Ellen Corbett, Dennis Waespi, Colin Coffey) FROM: Robert E. Doyle, General Manager Erich Pfuehler, Government Affairs Manager SUBJECT: Board Legislative Committee Meeting WHEN: Wednesday, December 6, 2017 12:30 PM Lunch will be served WHERE: Board Room, Peralta Oaks _______ Items to be discussed: I. STATE LEGISLATION / OTHER MATTERS A. NEW LEGISLATION – N/A B. ISSUES 1. Endowments Update The General Manager and Advocate Doug Houston will provide an update to the Committee about discussions with the California Fish and Wildlife Department about endowments as a response to the District sponsored bill SB 1020 (Wieckowski D-Fremont) in 2016. 2. Park Bond Update The General Manager, staff and Advocate Doug Houston will provide an update about the Park Bond (SB 5) and public education efforts. 3. Other Possible Ballot Measures There may be two other measures of interest to the District on the November 2018 ballot. One is primarily water focused and the other is primarily transportation focused. The Water Supply and Water Quality Act of 2018: This “water bond” is being promoted by former Deputy Director of the California Department of Water Resources and longtime Planning and Conservation League Executive Director Jerry Meral. The “water bond” is $8.877 billion with about a quarter of it going toward watershed improvement. As the name would imply, significant portions of the funding go toward safe drinking water, groundwater storage and water conveyance. Within the watershed improvement section, the San Francisco Bay Area Program of the Coastal Conservancy receives a $100 million allocation and the Coastal Conservancy receives an additional $135 million for their overall work. Because the “water bond” has $2.355 billion in “watershed improvement” funding, a number of the folks who favored the park bond initiative (as opposed to SB 5) are tracking this effort closely. The Road Repair and Accountability Act of 2017 (SB 1): Efforts to repeal portions of this act through a ballot measure have the potential to impact the District. The initiative is being supported by Republican Assemblymember Travis Allen with a nod from California Republican Party Chair Jim Brulte. The initiative seeks to repeal the 12-cent gas tax, 20-cent diesel tax and 1 the increase in annual vehicle registration fees included in SB 1. Proponents believe an initiative to “repeal the gas tax” in November could help turn-out anti-tax voters. Currently, the initiative needs 365,880 signatures to qualify, but circulation efforts have been stymied by a dispute about the initiative’s title. The title Attorney General Xavier Becerra placed on the initiative reads: “Eliminates recently enacted road repair and transportation funding by repealing revenues dedicated for those purposes.” Sacramento Superior Court judge Timothy Frawley ruled in late September the Attorney General’s title was “misleading” and announced he would rewrite it. Attorney General Becerra appealed to the state Court of Appeals saying the judge overstepped his authority. On November 17, the 3rd District Court of Appeals in Sacramento overturned the Superior Court’s decision, noting that state law gives the Attorney General ‘considerable latitude’ in writing ballot titles. Assemblymember Allen’s attorney said he would appeal to the state Supreme Court. Assuming the initiative qualifies, it could have an impact on turnout in the General Election. II. FEDERAL LEGISLATION / OTHER MATTERS A. NEW LEGISLATION 1. H.R. 4208 (Thompson D-CA) and S. 1999 (Cantwell D-WA) – Wildland Fires Act of 2017 Representative Mike Thompson and Senator Maria Cantwell introduced companion legislation in response to this year’s significant wildland fire events. The Wildland Fires Act of 2017 will help further the Federal and State firefighting agencies’ “National Cohesive Fire Strategy” by authorizing additional funding for at-risk communities for wildfire and directing Federal agencies to treat their most-at-risk forests to better protect communities and to reestablish natural fire regimes. The bill directs the Forest Service and the Department of the Interior to provide up to $100 million in funding to at-risk communities to plan and prepare for wildfires. The $100 million financial assistance program is for “at-risk communities adjacent to Federal land, including through States,” which limits opportunities in the East Bay. It does, however, set an important precedent. The legislation also establishes a pilot program that directs the Forest Service and the Department of the Interior to treat their top one percent most-at-risk, least-controversial lands over the next 10 years (and in doing so install fuel breaks in the wildland-urban interface (WUI) and, outside of the WUI, conduct prescribed fires). Again, this is largely for Federal lands, but the precedent and fact the Rep. Thompson represents a portion of Contra Costa County makes supporting this legislation consistent with the District’s Wildfire Hazard Reduction and Resource Management Plan. Staff Recommendation: SUPPORT B. ISSUES 1. D.C. Trip Outline Staff will provide an outline of the District’s annual work week in Washington D.C. The proposed week is February 11-15, 2018 during the Partnership for the National Trails System’s annual Hike the Hill conference. 2. Other Matters III. 2018 LEGISLATIVE AND GOVERNMENTAL PRIORITIES The Government Affairs Manager will provide a proposed summary of priorities to incorporate into the Government Affairs work plan for 2018. 2 IV. MEASURE CC UPDATE The General Manager and staff will provide an update about the public meetings and conclusion of the Stakeholder Advisory Working Group (SAWG). V. STRATEGIC RESEARCH INSTITUTE CONSULTANT CONTRACT Strategy Research Institute (SRI), headed by Dr. G. Manross, has been under contract with the District to provide consulting services. The firm has developed research methodologies, managed surveys and provided expert interpretation of results that serve the District well in providing statistically accurate predictions of voter behavior, public interests, preferences and trends directly affecting this agency. During 2017, the District, with the assistance of Dr. Manross, fielded a Measure CC extension support survey,