Board of Directors Board Meeting Packet
May 16, 2017 Clerk of the Board YOLANDE BARIAL KNIGHT (510) 544-2020 PH (510) 569-1417 FAX MEMO to the BOARD OF DIRECTORS East Bay Regional EAST BAY REGIONAL PARK DISTRICT Park District Board of Directors
BEVERLY LANE President - Ward 6 The Regular Session of the MAY 16, 2017 DENNIS WAESPI Board Meeting is scheduled to commence at Vice President - Ward 3 1:00 p.m. at the EBRPD Administration Building, AYN WIESKAMP 2950 Peralta Oaks Court, Oakland Treasurer - Ward 5 ELLEN CORBETT Secretary - Ward 4 WHITNEY DOTSON Respectfully submitted, Ward 1 DEE ROSARIO Ward 2 COLIN COFFEY Ward 7 ROBERT E. DOYLE ROBERT E. DOYLE General Manager General Manager
P.O. Box 5381 2950 Peralta Oaks Court Oakland, CA 94605-0381 (888) 327-2757 MAIN (510) 633-0460 TDD (510) 635-5502 FAX www.ebparks.org AGENDA
REGULAR MEETING OF MAY 16, 2017 BOARD OF DIRECTORS The Board of Directors of EAST BAY REGIONAL PARK DISTRICT the East Bay Regional Park District will hold a regular meeting at District’s Administration Building, 2950 10:30 a.m. ROLL CALL (Board Conference Room) Peralta Oaks Court, Oakland, CA, commencing at 10:30 a.m. PUBLIC COMMENTS for Closed Session and 1:00 p.m. for Open Session on Tuesday, CLOSED SESSION May 16, 2017. Agenda for the meeting is listed adjacent. Times for agenda A. Conference with Labor Negotiator: Government Code § 54957.6 items are approximate only and are subject to change during the Agency Negotiator: Robert E. Doyle, Ana M. Alvarez, meeting. If you wish to speak on Eddie Kreisberg matters not on the agenda, you may do so under Public Employee Organizations: AFSCME Local 2428, Police Association Comments at the beginning of Unrepresented Employees: Managers and Confidentials the agenda. If you wish to testify on an item on the agenda, please complete a speaker’s form and B. Conference with Real Property Negotiator Regarding Price and/or submit it to the Clerk of the Board. Terms of Payment – Government Code § 54956.8 A copy of the background 1) Agency Negotiator: Bob Nisbet, Liz Musbach materials concerning these agenda items, including any APN/ADDRESS PROPERTY OWNERS PARK/TRAIL material that may have been submitted less than 72 hours Alameda County before the meeting, is available for inspection on the District’s 048H-7524-001-01 SJ Management, LLC Temescal to Sibley website (www.ebparks.org), Skyline Blvd, Oakland Regional the Administrative Building Trail reception desk, and at the 018-0480-003-00; City of Oakland/Port of San Francisco Bay meeting. Oakland 018-0475-002-00 Trail Agendas for Board Committee Embarcadero Road, Oakland Meetings are available to the public upon request. If you wish Contra Costa County to be placed on the mailing list to receive future agendas for a 561-400-004; 561-400-009; Mt. Zion Enterprises, San Francisco Bay specific Board Committee, Inc. (formerly Castro please call the Clerk of the 561-400-010 Trail Board’s Office at (510) 544- Stenmark Drive, Richmond Point, LLC) 2020.
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 as soon as possible, but preferably at least three working days prior to the meeting. 1:00 p.m. OPEN SESSION (Board Room)
PLEDGE OF ALLEGIANCE
A. APPROVAL OF AGENDA
B. PUBLIC COMMENTS
1:15 p.m. C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
a. Approval of District Check Listing for the Period of April 3, 2017 to April 16, 2017 (Auker/Doyle) (Resolution) (No Cost) b. Approval of the Minutes for the Board Meeting of May 2, 2017 (Barial Knight/Auker) (No Cost) c. Authorization to Purchase Microsoft True-Up Licensing Settlement from SoftwareOne (Tallerico/Auker) (Resolution) (Budgeted Funds) d. Authorization to Transfer Funds and Award a Contract to Bond Blacktop, Inc. for Asphalt Maintenance: District-wide (Lebow/Rasmussen/Auker) (Resolution) (Budget Change) e. Authorization to Appropriate Mitigation Funds: Hayward Regional Shoreline (Takei/Rasmussen/Auker) (Resolution) (Budget Change/ Rev Authorization) f. Authorization to Appropriate Two County and East Contra Costa County Lighting and Landscape Funds for One-Time Fleet Replacements: District-wide (Burnor/Spaulding/Auker) (Resolution) (Budget Change) g. Adoption of Resolution of Intention to Order Improvements, Grant Preliminary Approval to the Draft Engineer’s Report, Establish Date of Public Hearing and Instruct the Clerk of the Board to Provide Appropriate Public Notice of Hearing: Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District (Two County LLD), 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/Sibley Volcanic) (Zones of Benefit) (Spaulding/Auker) (Resolution) (Budgeted Funds) h. Adoption of Resolution of Intention to Order Improvements, Grant Preliminary Approval to the Draft Engineer’s Report, Establish Date of Public Hearing and Instruct the Clerk of the Board to Provide Appropriate Public Notice of Hearing: East Contra Costa County Landscaping and Lighting Assessment District (ECCC LLD) (Spaulding/Auker) (Resolution) (Budgeted Funds) i. Authorization to Award a Contract for Services to LSA Associates, Inc, for Environmental Review Pursuant to the California Environmental Quality Act and Permitting for Five Miles of the Bay Area Ridge Trail in Fremont: Bay Area Ridge Trail (Dougan/Nisbet) (Resolution) (Budgeted Funds/ WW Funds) j. Approval of the Dumbarton Quarry Campground Phase 1 Development Naming Program: Coyote Hills Regional Park (Bondurant/Nisbet) (Resolution) (No Cost) k. Authorization to Appropriate Measure CC Funds and Execute a Consulting Services Contract with Ascent Environmental for Preparation of an Environmental Impact Report for the Land Use Plan Amendment: Miller/Knox Regional Shoreline (Bondurant/Nisbet) (Resolution) (Budget Change/ CC Funds) L. Authorization to Purchase Communications Equipment and Services from Motorola and East Bay Regional Communications System Authority (EBRCSA) (Gershaneck/Anderson) (Resolution) (Budgeted Funds) m. Authorization to Appropriate General Fund EBMUD/JPA Restricted Funds and Install Computer Mounting Hardware for EBMUD Police Vehicles (Phulps/Anderson) (Resolution) (Budget Change) n. Authorization to Award a Contract to Bay Cities Refuse Service, Inc. for Recycling, Compost and Trash Collection and Processing Services: Tilden Regional Park (Barrington/O’Connor) (Resolution) (Budgeted Funds) o. Authorization to Extend Contracts for Transportation Services with Michael’s Transportation Services Inc., Durham School Services, and First Student Inc. (Kassebaum/Strawson O’Hara/O’Connor) (Resolution) (Budgeted Funds)
1:30 p.m. 2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION
a. Authorization to Appropriate Funds and Award a Contract to Gordon N. Ball, Inc. for Construction of the San Francisco Bay Trail – Pinole Shores to Bayfront Park Project: San Francisco Bay Trail (Dougan/Nisbet) (Resolution) (Budget Change/ WW Funds)
1:45 p.m. 3. FINANCE & MANAGEMENT SERVICES DIVISION
a. Authorization to Amend the 2017 Budget, Appropriate Funds and Close Measure WW Local Grant Program Projects (Margulici/Rasmussen/Auker) (Resolution) (Budget Change) 2:30 p.m. 4. BOARD AND STAFF REPORTS
a. Actions Taken by Other Jurisdictions Affecting the Park District (Doyle)
2:45 p.m. 5. GENERAL MANAGER’S COMMENTS
2:55 p.m. 6. ANNOUNCEMENTS FROM CLOSED SESSION
3:05 p.m. 7. BOARD COMMITTEE REPORTS
a. Operations Committee (2-23-17) (Waespi) b. Operations Committee (3-23-17) (Waespi) c. Legislative Committee (4-14-17) (Corbett) d. Natural & Cultural Resources Committee (3-30-17) (Rosario)
3:10 p.m. 8. BOARD COMMENTS
3:40 p.m. D. PUBLIC COMMENTS
3:45 p.m. E. ADJOURNMENT CONSENT CALENDAR AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 16, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
a. Approval of District Check Listing for the Period April 3, 2017 Through April 16, 2017 (Auker/Doyle)
RECOMMENDATION
It is recommended that the Board of Directors approve the Check Listing for the period of April 3, 2017 through April 16, 2017.
Per Resolution No. 1992-1-40, adopted by the Board on January 21, 1992, a copy of the Check Listing has been provided to the Board Treasurer for review. A copy of the Check Listing has also been provided to the Clerk of the Board, and will become a part of the Official District Records.
8 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 05 -
May 16, 2017
APPROVAL OF DISTRICT CHECK LISTING FOR THE PERIOD OF APRIL 3, 2017 THROUGH APRIL 16, 2017
WHEREAS, District Resolution No. 1992 - 1 - 40, adopted by the Board of Directors on January 21, 1992, requires that a listing of District checks be provided to the Board Treasurer for review;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby approves the check listing for the period of April 3 2017 through April 16, 2017;
Moved by Director , seconded by Director , and adopted this 16th day of May 2017 by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
9 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 16, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
b. Approval of the Minutes for the Board Meeting May 2, 2017 (Barial Knight/Auker)
10 Unapproved Minutes Board Meeting of May 2, 2017
The Board Meeting, which was held on April 4, 2017 at the East Bay Regional District, 2950 Peralta Oaks Court, Oakland, CA was called to order at 1:00 p.m. by Board President Lane.
ROLL CALL
Directors Present: Beverly Lane, President Dennis Waespi, Vice President Ayn Wieskamp, Treasurer Whitney Dotson Dee Rosario Colin Coffey Directors Absent: Ellen Corbett, Secretary
PUBLIC COMMENTS:
The Board convened to the dais at 11:09 am.
Chris Newey of ACSFME 2428 spoke regarding the contract negotiations. Kymberly Anderson of ACSFME 2428 spoke regarding the contract negotiations requesting a full classification and compensation study be completed within the first 2 years of the next contract. Dave Butler of ACSFME 2428 spoke regarding contract negotiations. Eri Suzuki of ACSFME 2428 handed out the speaker’s talking points to each board member.
President Lane thanked the AFSCME members for attending the meeting and for their remarks. GM Doyle thanked the staff for all the hard work that has been done to clean up parks and trails after the recent storms.
At 11:30 am, the Board of Directors met in Closed Session to discuss those items outlined on the agenda.
The Open Session of the Board Meeting was called to order at 1:14 p.m. by Board President Lane.
Staff Present: Robert Doyle, Ana Alvarez, Carol Victor, Jim O’Connor, Bob Nisbet, Tim Anderson, Debra Auker, Carol Johnson, Alan Love, Kelly Barrington, Deborah Spaulding, Tiffany Margulici, Alicia Gonzales, Anne Kassebaum, Jason McCrystle, Jeff Rasmussen, Michael McNally, Erich Pfuehler, Mark Pearson, Eri Suzuki, Dave Butler, Kymberly Anderson, Chris Newey, members of ACSFME 2428, Michael Reeves, Steve Castile, Ruby Tumber, Aaron Roth, Glenn Gilchrist, Anna Fong, Matt Graul, Roads and Trails staff.
Director Corbett arrived to the meeting at 11:16 am.
B. APPROVAL OF AGENDA
By motion of Director Wieskamp, and seconded by Director Rosario, the Board voted unanimously to approve the agenda.
Directors For: Colin Coffey, Ellen Corbett, Whitney Dotson, Beverly Lane, Dee Rosario, Ayn Wieskamp, Dennis Waespi. Directors Against: None. Directors Absent: None. 11 Unapproved Minutes Board Meeting of May 2, 2017
B. PUBLIC COMMENTS
Kelly Abreu spoke about Mission Peak. He commented that there should be a sign at the park that indicates to the public how much water they should carry while at the park, adding there should be drinking water near the restroom.
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
By motion of Director Corbett, and seconded by Director Rosario, the Board voted unanimously to approve the balance of the Consent Calendar.
Directors For: Colin Coffey, Ellen Corbett, Whitney Dotson, Beverly Lane, Dee Rosario, Ayn Wieskamp, Dennis Waespi. Directors Against: None. Directors Absent: None.
a. Approval of District Check Listing for the Period of March 20, 2017 to April 2, 2017 Resolution No. 2017 – 05 – 103 (attached)
Approval of the Minutes for the Board Meeting of April 18, 2017
c. Approval of Out-of-State Travel for Directors Dennis Waespi and Whitney Dotson to Attend the 2017 Special Park District Forum in Canton, Ohio from June 6 - 8, 2017 Resolution No. 2017 – 05 – 104 (attached)
d. Authorization to Transfer and Appropriate $255,955 from the General Fund Maintenance Account for Chabot Gun Club to the Other Than Asset Fund - Remediation of Gun Club Project Resolution No. 2017 – 05 – 105 (attached)
Director Corbett inquired about the amount of funds in this account and additional strategies. Michelle Strawson O’Hara, Assistant Finance Officer, replied that there is approximately $550,000 in this project fund and staff is proposing an additional $255,955. Matt Graul, Chief of Stewardship stated that staff is planning an RFP that will better describe the pollution and come up with remedial options. Corbett asked if staff has done things to corral the run-off. Graul replied that staff has done some things and some are in process. GM Doyle clarified there is no contaminated run-off.
e. Authorization to Award Contract to Page & Turnbull Inc. for Architectural Services for Park Residence: Black Diamond Regional Preserve Resolution No. 2017 – 05 – 106 (attached)
Director Wieskamp asked for the rationale regarding installing a park residence with one bedroom that would not accommodate a family. GM Doyle replied that staff in this park there could be impacts on the cultural artifacts. President Lane remarked that at the entrance to the park and commented that the District could use existing buildings and instead of a trailer. 12 Unapproved Minutes Board Meeting of May 2, 2017
f. Approval of Resolution Initiating Proceedings and Ordering Filing of Annual Report for East Contra Costa County Landscaping and Lighting Assessment District (ECCC LLD) Resolution No. 2017 – 05 – 107 (attached)
Director Rosario asked for a list of projects. Deborah Spaulding, Assistant Finance Officer, discussed the history and provided an overview of the ECCC and she highlighted the usage of the funds. President Lane added historical perspective from her experience with the LLD.
g. Authorization to Transfer Measure CC Funds for Fire Fuels Maintenance: Sibley and Tilden Regional Parks Resolution No. 2017 – 05 – 108 (attached)
Director Rosario asked if the transfer will affect projects under 5534100. Tiffany Margulici, Grants Manager, stated that the intent of the resolution is to streamline the implementation of the grants combining them into one project. Margulici added that the use of the Measure CC funds will not change.
h. Authorization to Apply to the Environmental Protection Agency for Federal Grant Funds from the San Francisco Bay Water Quality Improvement Fund for the Bay Point Restoration and Public Access: Bay Point Regional Shoreline Resolution No. 2017 – 05 – 109 (attached)
i. Authorization to Accept, Transfer and Appropriate Insurance Payments for Damage in the 2017 Severe Winter Storms, Flooding and Mudslides: District-wide Resolution No. 2017 – 05 – 110 (attached)
j. Authorization to Apply to the California Office of Emergency Services for Hazard Mitigation Funds from the Federal Emergency Management Agency for Flood and Erosion Protection District-wide Resolution No. 2017 – 05 – 111 (attached)
k. Authorization to File an Application for Grant Funds through the Alameda County Altamont Landfill and Resource Facility Open Space Advisory Committee to Acquire Real Property: Doolan Canyon Regional Preserve Resolution No. 2017 – 05 – 112 (attached)
L. Authorization to Increase the Construction Contingency for the Replace Main Stairs Project: Black Diamond Regional Preserve Resolution No. 2017 – 05 – 113 (attached)
m. Authorization to Transfer and Appropriate Funds for Redwood Canyon Golf Course Storm Damage: Lake Chabot Regional Park Resolution No. 2017 – 05 – 114 (attached)
n. Authorization to Purchase Two RAM 1500 Eco-Diesel Pick-ups from Elk Grove Auto Group of Elk Grove Resolution No. 2017 – 05 – 115 (attached)
Director Rosario and Corbett asked about point of sale. Jim O’Connor, AGM Operations replied 13 Unapproved Minutes Board Meeting of May 2, 2017 that staff is still researching the answer which needs to be vetted with Finance first, and then distributed to the Board.
o. Authorization to Renew the East Bay Regional Park District’s Existing Insurance Program Resolution No. 2017 – 05 – 116 (attached)
p. Resolution to Support AB 733 (Berman D-Palo Alto) – Infrastructure Financing Districts to Adapt to Sea Level Rise Resolution No. 2017 – 05 – 117 (attached)
q. Resolution to Oppose AB 898 (Frazier D-Discovery Bay) – Redirection of $10.5 million East Bay Regional Park District General Fund Dollars Resolution No. 2017 – 05 – 118 (attached)
r. Resolution to Oppose AB 899 (Frazier D-Discovery Bay) Contra Costa County Election to Reallocate Property Tax Revenue Resolution No. 2017 – 05 – 119 (attached)
s. Resolution to Support AB 907 (Garcia D-Coachella) - Office of Outdoor Recreation and Public Lands Enhancement Resolution No. 2017 – 05 – 120 (attached)
t. Resolution to Support AB 1083 (Burke D-Inglewood) – Electrical Vehicle Charging Stations in State Parks and Beaches Resolution No. 2017 – 05 – 121 (attached)
u. Resolution to Support AB 1630 (Bloom D-Santa Monica) – Wildlife Connectivity and Transportation Project Resolution No. 2017 – 05 – 122 (attached)
v. Resolution to Support H.R. 1233 (McNerney D-CA) – Emergency Flood Response Act Resolution No. 2017 – 05 – 123 (attached)
w. Resolution to Support S. 729 (Harris D-CA) and H.R. 1719 (DeSaulnier D-CA) – John Muir National Historic Site Resolution No. 2017 – 05 – 124 (attached)
x. Resolution to Support S. 731 (Feinstein D-CA) and H.R. 1738 (Garamendi D-CA) – Sacramento-San Joaquin Delta National Heritage Area Resolution No. 2017 – 05 – 125 (attached)
y. Resolution to Support SB 262 (Wieckowski D-Fremont) – Climate Adaption Advisory Council Resolution No. 2017 – 05 – 126 (attached)
z. Resolution to Support SB 424 (Allen D-Santa Monica) – The California Regional Environmental Education Community Network Resolution No. 2017 – 05 – 127 (attached)
14 Unapproved Minutes Board Meeting of May 2, 2017
2. FINANCE & MANAGEMENT SERVICES DIVISION
Directors For: Colin Coffey, Ellen Corbett, Whitney Dotson, Beverly Lane, Dee Rosario, Ayn Wieskamp, Dennis Waespi. Directors Against: None. Directors Absent: None.
By motion of Director Rosario, and seconded by Director Waespi, the Board voted unanimously to approve Item 2a.
a. Authorization to Accept Grant Funds for Federal Emergency Management Agency Grants for Hazardous Fuels Management in the East Bay Hills: District-wide Resolution No. 2017 – 05 – 128 (attached)
Directors For: Colin Coffey, Ellen Corbett, Whitney Dotson, Beverly Lane, Dee Rosario, Ayn Wieskamp, Dennis Waespi. Directors Against: None. Directors Absent: None.
Tiffany Margulici Grants Manager introduced Fire Chief Jim Swanson and Matt Graul, Chief of Stewardship. Through a PowerPoint presentation, Margulici discussed the two grant requests; explained the history of these funds and the plans for the funds. Director Waespi asked if the $2.8 million is net from the City of Oakland and asked if Oakland has exhausted all of their opportunities to receive this grant. GM Doyle answered that the Oakland Mayor’s office was appreciative of the District’s help. Director Wieskamp asked if the District will have enough staff to manage this. John Swanson, Interim Acting Fire Chief, replied that he is confident of the District’s capacity to analyze, and if conversations proceed favorably the District can use its own employees to manage. Director Rosario thanked the Chief and Graul for a good presentation to the City of Oakland’s Wildland Protection District. President Lane thanked the staff for the field tours to this area which shows that the District is not clear cutting.
By motion of Director Coffey, and seconded by Director Corbett, the Board voted unanimously to approve Item 2b.
b. Authorization to Apply to the California Office of Emergency Services (OES) and the Federal Emergency Management Agency (FEMA) for Reimbursement of Expenses incurred for Cleanup and Repair of Damage during the February 1 - 23, 2017 Severe Winter Storms, Flooding and Mudslides; DR-4308: District-wide Resolution No. 2017 – 05 – 129 (attached)
Tiffany Margulici Grants Manager and Steve Castile of Park Operations presented on this item. Margulici the process the District will go through to recover funds from FEMA. Anna Fong, Risk Manager was acknowledged by Margulici for her assistance in the insurance process. Margulici thanked Roads and Trails for all of their hard work in clean-up of the storm damage. Kelly Barrington, Chief of MAST introduced the 6 members of the Roads and Trails Crew. Steve Castile, Chief of Park Operations extended his appreciation to Roads and Trails. Out of 53 closed trails, 25 are open. Castile said there are currently 177 projects that have been assessed with $8-$10M in damage. Castile explained the categories A thru D and the process used to determine which projects would be completed and in what order.
15 Unapproved Minutes Board Meeting of May 2, 2017
3. OPERATIONS DIVISION
a. Informational Report on the Youth Engagement Programs, Initiatives And Strategies for 2017 (No Action Taken)
Anne Kassebaum, Chief of Interpretation and Recreation and Susan Gonzales, Acting Human Resources Manager, presented this item. Kassebaum went through the Youth Engagement Plan briefly, updating the 46 recommendations that came from the cross division task force on Youth Engagement. Gonzales touched on the apprenticeship program which was started in 1979, and has been a joint management and union effort. The internship program began in 1980. An academic internship was offered based on the recommendation of former Director Carol Severin. The District has hired 312 interns since 1986.
Gonzales began the presentation by introducing Nicholas Hector. Gonzales commented on his apprenticeship certification citing the qualifications and the commitment that Mr. Hector possessed in completion of his certification was impressive. Nancy Ceto, State of California and Kelly Barrington, Chief of MAST said a few words acknowledging the hard work and commitment of Mr. Hector in completion of this rigorous program. The Board was unanimous in its praise. A group was photo taken at this time followed by a 15 minute break.
4. BOARD AND STAFF REPORTS
General Manager Doyle went over the items in this report.
5. GENERAL MANAGER’S COMMENTS
General Manager Doyle commented on the items on the report.
6. ANNOUNCEMENTS FROM CLOSED SESSION
District Counsel announced two actions. The Board by a vote of 7 – 0 voted to deny the claim of Ken and Morgan Carpenter. The Board by a vote of 7 – 0 voted to deny the claim of W. Scott Jeffery and Kirsten Jeffery.
7. BOARD COMMITTEE REPORTS
a. Operations Committee (1-19-17) (Waespi) b. Legislative Committee (3-17-17) (Corbett)
8. BOARD COMMENTS
Director Lane reported on meetings attended. Director Lane Attended the California Trail & Greenways Conference; Attended the Dotson Family Marsh and Atlas Bridge Dedication; Attended the Finance Workshop; Met with Senator Glazer with GM and Pfuehler; Attended Pt. Molate Field Trip; Attending Iron Horse Trail dedication; Attending the Regional Park Association breakfast. Lane spoke at the Museum of San Ramon Valley in Danville. 16 Unapproved Minutes Board Meeting of May 2, 2017
Director Waespi reported on meetings attended. Director Waespi Attended the California Trail & Greenways Conference; Attended the Dotson Family Marsh and Atlas Bridge Dedication; Attended the Finance Workshop; Attended the Pt. Molate Field Trip; Attended the Ivan Dickson Trail Multicultural Maintenance Project/Sunol.
Director Wieskamp reported on meetings attended. Director Wieskamp Attended the Dotson Family Marsh and Atlas Bridge Dedication; Attended the State of the City Address/Dublin; Toured Coyote Hills with staff; Attended the Finance Workshop; Attended the Pt. Molate Field Trip; Attending the Regional Parks Association Breakfast; Attending the Alameda County Special Districts meeting as the LAFCO rep. Wieskamp shared with IKEA representatives that companies can volunteer in our parks.
Director Corbett reported on meetings attended. Director Corbett Attended the California Trail & Greenways Conference; Attended the Botanic Garden’s Native Plant Sale; Attended the Dotson Family Marsh and Atlas Bridge Dedication; Attended the Legislative Committee meeting; Attended the Operations Committee meeting; Attended the Finance Workshop: Attended the Earth Day Event at Crab Cove. Corbett accepted a check from Whole Foods for $44,042.00 from their fundraiser which benefited the Regional Parks Foundation for maintenance projects.
Director Dotson reported on meetings attended. Director Dotson Attended the Dotson Family Marsh and Atlas Bridge Dedication; Attended Pt. Molate Field Trip; Attended the Finance Workshop. Dotson thanked the Board for attending the Marsh and the Bridge dedications adding that this park will make a difference in how the differing communities in Richmond connect.
Director Rosario reported on meetings attended. Director Rosario Attended the League of Women Voters Luncheon; Attended the Dotson Family Marsh and Atlas Bridge Dedication; Attended the Finance Workshop; Attended Tom Heidt’s Memorial Service; Attended the Moraga Canyon Public Hearing; Attended the Ivan Dickson Trail Multicultural Maintenance Project/Sunol; Attended Sharol Nelson-Embry’s retirement. Rosario on behalf of Friends of Sausal Creek led a trail project in Joaquin Miller Park, spoke at the Lake Merritt Garden Club and toured Valley Drive in Las Trampas.
17 Unapproved Minutes Board Meeting of May 2, 2017
Director Coffey reported on meetings attended. Director Coffey Attended the Dotson Family Marsh and Atlas Bridge Dedication; Attended the Pt. Molate Field Trip; Attended the Finance Workshop; Met with the GM for Board Orientation. Coffey attended the John Muir Earth Day and Birthday celebration and staffed the District’s Mobile Visitor Center.
D. PUBLIC COMMENTS
There were no public comments.
E. ADJOURNMENT
Respectfully submitted:
/s/ Yolande Barial Knight Clerk of the Board
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19 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 16, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
c. Authorization to Purchase Microsoft True-Up Licensing Settlement from SoftwareOne (Tallerico/Auker)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize the purchase of Microsoft’s True-Up software licensing settlement agreement for Microsoft SQL Server, Microsoft Windows Server, Microsoft Project and Microsoft Visio from SoftwareOne to maintain use for District-wide personal computers and devices.
REVENUE/COST
The cost of the Microsoft True-Up software licensing settlement agreement is $82,443. 2017 funding is available in the Information Services budget, Account No.101-4150-000-6443 (Maintenance Contracts).
BACKGROUND
The East Bay Regional Park District uses over 850 personal computers and 40 network servers to assist with the efficient administration and management of park facilities throughout Alameda and Contra Costa counties, and Microsoft software applications is a District standard and the most frequently utilized program in the District.
Additional District software applications have been deployed over the past several years that require a Microsoft licensing True-Up settlement. The District’s desktop computer inventory has increased by 200 units over the last 5 years. The number of network servers and the need for SQL Server databases to support District software application has increased as well.
ALTERNATIVES
The True-Up licensing is required to support existing software application in use by the District.
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21 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 05 -
May 16, 2017
AUTHORIZATION TO PURCHASE MICROSOFT OFFICE SOFTWARE TRUE-UP LICENSING AGREEMENT FROM SOFTWAREONE
WHEREAS, the East Bay Regional Park District uses over 850 personal computers and 40 network servers to assist with the efficient administration and management of park facilities throughout Alameda and Contra Costa counties; and
WHEREAS, the District, from time to time, updates the hardware and software of these machines to keep them technologically current; and
WHEREAS, a comprehensive service to ensure that all Microsoft software licensing is current has been made available to the District; and
WHEREAS, the software is priced and provided under the Riverside Master Agreement Award Schedule process, satisfying the District’s public bid requirement;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes the purchase of Microsoft True-Up software settlement for District network servers and personal computers from SoftwareOne for a total cost of $82,443; and
BE IT FURTHER RESOLVED that funding in the amount of $82,443 is available in Account No. 101-4150-000-6443 (Information Services – Maintenance Contracts); and
BE IT FURTHER RESOLVED that the General Manager is hereby authorized and directed, on behalf of the District and in its name, to revise and amend such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
Moved by Director , seconded by Director , and approved this 16th day of May 2017 by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
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23 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 16, 2016
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
d. Authorization to Transfer Funds and Award a Contract to Bond Blacktop, Inc. for Asphalt Maintenance: District-wide (Lebow/Rasmussen/Auker)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize the transfer of funds and award a contract to Bond Blacktop, Inc. of Hayward, California for asphalt maintenance at San Pablo Bay Regional Shoreline, Wildcat Creek Trail, and Miller/Knox Regional Shoreline.
REVENUE/COST Transfer $106,000 from District wide, Pave Roads and Trails (#520700) to Miller Knox, Rehab Parking Lots and Pathways (#155500) to properly meet accounting requirements and award a $123,730 contract with contingency of $30,000.
TRANSFER OF FUNDS Project #520700 (Pave Roads and Trails, District wide) $1,382,596 Transfer to # 155500 (Rehab Parking Lots and Pathways, Miller Knox) $106,000 BALANCE $1,276,596 USE OF FUNDS Bond Blacktop, Inc. Base Bid Price (#520700) $17,730 Bond Blacktop, Inc. Base Bid Price (#155500) $106,000 Contract Contingency (#527000) $30,000 TOTAL ENCUMBRANCE $153,730
BACKGROUND
The District is committed to preserving and maintaining the existing infrastructure throughout the Park District. An important component of this infrastructure is the District’s network of paved roads, trails, and parking lots. This project will be applying micro-surfacing to Pinole Shores parking lot at San Pablo Bay Regional Shoreline, Wildcat Marsh Staging Area on the Wildcat Creek Trail, and five parking lots and service yard at Miller/Knox Regional Shoreline. The average PCI of this project’s asphalt (a total of 8 sections) is 63.5. The average PCI will
24 increase to 100 after the project is completed. This project is included in the on-going District-wide Pavement Maintenance and Preservation Program (PMPP).
The Notice to Bidders was published on July 21, 2016 in the McGraw Hill Construction Plan Room. Six firms purchased Bid Documents and four firms submitted bids on August 11, 2016 as follows:
PLANHOLDER BASE BID TOTAL Bond Blacktop, Inc. $123,730 VSS International, Inc. $138,544 Graham Contractors, Inc. $163,000 Telfer Pavement Technologies, LLC. $169,935
The bid submitted by Bond Blacktop, Inc. of Hayward, California met the specifications and conditions for the project; therefore, Bond Blacktop, Inc. is the lowest responsible bidder. Bond Black Top has confirmed it will honor its bid from August 11, 2016. The acceptance of this bid was delayed last year due to staffing vacancies in the MAST Department which delayed this project until the 2017 paving season.
ALTERNATIVES
None are recommended.
25 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 05 -
May 16, 2017
AUTHORIZATION TO TRANSFER FUNDS AND AWARD A CONTRACT TO BOND BLACKTOP, INC. FOR ASPHALT MAINTENANCE: DISTRICT-WIDE
WHEREAS, the District has included funding in its 2017 Budget for the purpose of managing, maintaining, and preserving the District’s pavement infrastructure; and
WHEREAS, the asphalt condition index for San Pablo Bay Regional Shoreline, Wildcat Creek Trail, and Miller/Knox Regional Shoreline asphalt maintenance are included in the ongoing District- wide Pavement Maintenance and Preservation Program (PMPP); and
WHEREAS, funds are available in project #520700 (Pave Roads and Trails); and
WHEREAS, requests for bids for the District-wide asphalt maintenance project were solicited and received: and four firms submitted qualified bids of which, Bond Blacktop, Inc., was the lowest responsible bidder;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the transfer $106,000 from District wide, Pave Roads and Trails (#520700) to Miller Knox, Rehab Parking Lots and Pathways (#155500), per the Budget Change Form attached hereto and the award of contract to Bond Blacktop, Inc. of Hayward, California for a grand total not to exceed $123,730 and authorization for other costs including contingency up to $30,000 from funds available in project #520700 (Pave Roads and Trails) and (#155500) Rehab Parking Lots and Pathways; and
BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
Moved by Director , seconded by Director , and adopted this 16th day of May, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
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27 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM
NEW APPROPRIATIONS BUDGET TRANSFERS From New Revenues X Between Funds and Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Capital Fund - MAST-Miller/Knox-Services / Rehab Parking Lots and Pathways - Contract Account: 333-5940-465-7020 / . 155500 DS10-009 $ 106,000 Transfer Between Funds Account Name: Expense: OTA Account Name: Expense: Capital Fund- Fund -Non Departmental-District Non Departmental-District Wide-Transfer Wide_Transfer Out In
Account: 336-9110-000-9980 $ 106,000 Account: 333-9110-000-3980 $ 106,000 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on May 16, 2017 the General Manager authorizes the transfer of District funds to a new capital project that will rehabilitate the paving at Miller/Knox.
As approved at the Board of Directors Meeting on date: 5/16/2017 Board of Directors Resolution Number: 2017-05- Posted By: Posted date: Signature:
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29 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 16, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
e. Authorization to Appropriate Mitigation Funds: Hayward Regional Shoreline (Takei/Rasmussen/Auker)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize the appropriation of $500,000 in mitigation funds from Russell City Energy Company for staging area and trailside improvements at Hayward Shoreline.
REVENUE/COST
Appropriate $200,000 in mitigation funds for staging area improvements to project account (151700) and $300,000 for trailside improvements to project account (151600).
BACKGROUND
Prior to construction of the facility, the District participated in discussions and negotiations related to the development and operation of the proposed Russell City Energy Company facility located near the Hayward Regional Shoreline. On June 10, 2010, the Board approved the execution of an agreement to provide the District trail funding, capital monies and other considerations to mitigate the proposed energy facility (Resolution 2010-9-165). Under the terms of the agreement Russell City will provide $200,000 for costs related to landscaping, installation of interpretive panels and road restoration within the West Winton Entrance area and $300,000, in six (6) equal annual installments of $50,000.00 each, to make and maintain trailside improvements within Hayward Shoreline. Staff requests approval of revenue budget and the appropriation of these funds to the project accounts as noted above.
ALTERNATIVES:
No alternatives are recommended.
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31 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 05 -
May 16, 2017
AUTHORIZATION TO APPROPRIATE MITIGATION FUNDS: HAYWARD REGIONAL SHORELINE
WHEREAS, prior to construction of the facility, the East Bay Regional Park District participated in discussions and negotiations related to the development and operation of the proposed Russell City Energy Company facility located near Hayward Regional Shoreline; and
WHEREAS, on June 10, 2010, the Board approved the execution of an agreement to provide the District trail funding, capital monies and other considerations to mitigate the proposed energy facility (Resolution 2010-9-165); and
WHEREAS, under the terms of the agreement Russell City will provide $200,000 for costs related to landscaping, installation of interpretive panels and road restoration within the West Winton Entrance area and $300,000, in six (6) equal annual installments of $50,000.00 each, to make and maintain trailside improvements within Hayward Regional Shoreline;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes approval of the revenue budgets and the appropriation of $200,000 in mitigation funds for staging area improvements to (151700) and $300,000 for trailside improvements to (151600) for work to be completed at Hayward Regional Shoreline per the Budget Change Form attached hereto; and
BE IT FURTHER RESOLVED, that the General Manager, or his designee, is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
Moved by Director , seconded by Director , and approved this 16th day of May, 2017, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
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33 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM
NEW APPROPRIATIONS BUDGET TRANSFERS X New Appropriation Between Funds From New Revenues Between Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Capital Fund - Finance and Management Services Admin-Hayward Shoreline-Improve Trailside-Project Management
Account # 333-4110-468-7020 / 151600 GLDV - 004 $ 20,000 Account Name: Expense: Capital Fund - Finance and Management Services Admin-Hayward Shoreline-Improve Trailside-Contract
Account # 333-4110-468-7020 / 151600 GLDV - 009 $ 280,000 Account Name: Expense: Capital Fund - Finance and Management Services Admin-Hayward Shoreline-Enhance Entrance-Project Management Account # 333-4110-468-7020 / 151700 GLDV - 004 $ 20,000 Account Name: Expense: Capital Fund - Finance and Management Services Admin-Hayward Shoreline-Enhance Entrance -Contract
Account # 333-4110-468-7020 / 151700 GLDV - 009 $ 180,000 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on May 16, 2017, the General Manager recommends that the Board of Directors authorize the appropriation of $500,000 mitigation funds from Calpine/Russell City Energy for two projects. One project will make trail improvements for $300,000, the other will enhance the entrance and staging area for $200,000.
As approved at the Board of Directors Meeting on date: 5/16/2017 Board of Directors Resolution Number: 2017-05- Posted By: Posted date: Signature:
T:\BOARDCLK\BOARD MATERIAL\2017\9 - May 16, 2017\S DRIVE\C-1-e-FIN 151600 & 151700 Russell City Mitigation Projects
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35 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 16, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
f. Authorization to Appropriate Two County and East Contra Costa County Lighting and Landscape Funds for One-Time Fleet Replacements: District-wide (Burnor/Spaulding/Auker)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize the appropriation of budget for 2017 fleet replacements from the Two County Lighting and Landscape District (LLD) Fund and the East Contra Costa County Lighting and Landscape District Fund.
REVENUE/COST
Staff requests the appropriation of $295,130 from the Two County LLD (220) Fund and $48,850 in the East Contra Costa LLD (221) Fund to increase District capacity for fleet replacements in 2017. These funds are to be appropriated in addition to General Fund budget already available for fleet replacements in 2017. Appropriating these fleet replacement funds, may result in lower maintenance costs.
BACKGROUND
During the great recession, the District achieved General Fund budget savings by extending the replacement dates of some fleet vehicles. Prolonging the useful life of these assets only saves money if the older vehicles do not incur greater maintenance costs as they age.
While the base fleet replacement budget was reduced by as much as 50% during the lean recession years, only modest budget increases have been approved for fleet replacement as the economy recovers. Therefore, the fleet maintains a backlog of vehicles that are in service beyond their original projected retirement dates.
A recent review of both of the District’s lighting and landscape district funds has identified available fund balance that may be utilized for one-time fleet replacements. Staff also identified twenty-one vehicles used in the lighting and landscape areas for maintenance, already scheduled
36 for replacement in 2017. Eighteen of the vehicles are used in the 220 Fund LLD areas and three provide maintenance in the 221 Fund LLD areas.
Staff proposes to appropriate $295,130 Two County LLD funds and $48,850 East Contra Costa County funds for the one-time replacement of these vehicles. This will allow more capacity for General Fund fleet replacements in 2017. Here is a chart of the proposed fleet replacements from the LLDs: Replace Fund Location Asset # Description Cost ALAMEDA CREEK 220 TRAILS 825 JD Gator XUV625i $ 11,806 2017 Honda Rancher 4x4 Elec 220 BLACK DIAMOND 803 Shift, TRX420FE1G 7,578 220 BLACK DIAMOND 762 JD 1575 4WD CAB with AC 35,833 2017 Honda Rancher 4x4 Elec 220 BRIONES 756 Shift, TRX420FE1G 7,578 Kubota B3300, 4wd, R4 tires, ROPS only, 54" bucket with 220 CONTRA COSTA TRAILS 590 pins 37,894 JD 4066R, 4WD, cab, 4-1 220 CONTRA COSTA TRAILS 668 bucket 58,410 220 CONTRA LOMA 845 JD Gator XUV625i 11,806 220 CONTRA LOMA 862 JD Gator XUV625i 11,806 220 CROWN BEACH 790 JD Gator XUV625i 11,806 eM1400, 2 person, cargo, flat 220 CROWN BEACH 672 bed with sides 14,621 220 LAS TRAMPAS 742 JD Gator XUV625i 11,806 220 MARTINEZ SHORELINE 713 JD Gator XUV625i 11,806 220 MILLER/KNOX 818 JD Gator XUV625i 11,806 220 PLEASANTON RIDGE 761 JD Gator XUV625i 11,806 SIBLEY/CLAREMONT 220 CANYON 716 JD Gator XUV625i 11,806 2017 Honda Rancher 4x4 Elec 220 SUNOL 771 Shift, TRX420FE1G 7,578 2017 Honda Rancher 4x4 Elec 220 SUNOL 782 Shift, TRX420FE1G 7,578 WILDCAT 220 CANYON/ALVARADO 770 JD Gator XUV625i 11,806 2017 Honda Rancher 4x4 Elec 221 MORGAN TERRITORY 810 Shift, TRX420FE1G 7,578 221 VASCO CAVES 866 JD Gator XUV625i 11,806 RAM 2500, EXT cab, long 221 VASCO HILLS 2999 bed,4wd 29,466 220 Proposed Appropriation $ 295,130 221 Proposed Appropriation $ 48,850 Grand Total Proposed Appropriation $ 343,980
37 Staff will continue to review the fund balances available in the lighting and landscape areas each year to determine if eligible vehicles and or equipment may be replaced by these funds.
ALTERNATIVES
No alternatives are recommended.
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39 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 05 -
May 16, 2017
AUTHORIZATION TO APPROPRIATE TWO COUNTY AND EAST CONTRA COSTA COUNTY LIGHTING AND LANDSCAPE DISTRICT FUNDS FOR ONE-TIME FLEET REPLACMENTS: DISTRICT-WIDE
WHEREAS, the District’s fleet replacement budget was reduced during the great recession, requiring the delayed replacement of some fleet vehicles; and
WHEREAS, to date, District has yet to replace all fleet vehicles whose useful lives were extended to accommodate the reduced fleet replacement budget; and
WHEREAS, a recent review of lighting and landscape district (LLD) funds identified fund balance that could be utilized for one-time appropriations; and
WHEREAS, District staff identified twenty-one vehicles used to provide maintenance in the LLD areas that are scheduled to be replaced in 2017;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the appropriation of $295,130 Two County LLD Fund, and $ 48,850 East Contra Costa County LLD Fund, to be utilized for 2017 fleet replacements, as per the Budget Change Form attached hereto; and
BE IT FURTHER RESOLVED, that the Assistant General Manager of Finance and Management Services/CFO or Budget Manager is hereby authorized to amend the current year’s budget, without further Board action.
BE IT FURTHER RESOLVED that the General Manager is hereby authorized and directed on behalf of the District to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary or appropriate to accomplish the intentions of this resolution.
Moved by Director , seconded by Director , and approved this 16thday of May, 2017 by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
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41 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM
NEW APPROPRIATIONS BUDGET TRANSFERS X From Fund Balance Between Funds DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Two County LLD Fund -Fleet Replacements-District Wide - Rolling Stock $25,000 and under
Account: 220-5933-000-5375 $ 162,993 Account Name: Expense: Two County LLD Fund -Fleet Replacements-District Wide - Rolling stock over $25,000
Account: 220-5933-000-7505 $ 132,137 Account Name: Expense: East Contra Costa County LLD Fund -Fleet Replacements-District Wide - Vehicles $25,000 and under
Account: 221-5933-000-5375 $ 19,384 Account Name: Expense: East Contra Costa County LLD Fund -Fleet Replacements-District Wide - Rolling stock over $25,000
Account: 221-5933-000-7505 $ 29,466 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on May 16, 2017 the General Manager authorizes the appropriation of $295,130 Two County LLD Fund and $48,850 East Contra Costa County LLD Fund balances to cover the cost of fleet replacement, for rolling stock that serves the respective lighting and landscape district areas. As approved at the Board of Directors Meeting on date: 5/16/2017 Board of Directors Resolution Number: 2017-05- Posted By: Posted date: Signature:
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43 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 16, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
g. Adoption of Resolution of Intention to Order Improvements, Grant Preliminary Approval to the Draft Engineer’s Report, Establish Date of Public Hearing and Instruct the Clerk of the Board to Provide Appropriate Public Notice of Hearing: Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District (Two County LLD), 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/Sibley Volcanic) (Zones of Benefit) (Spaulding/Auker)
RECOMMENDATION
The General Manager recommends that the Board of Directors:
1. Adopt a Resolution of Intention to Order Improvements;
2. Grant preliminary approval of the draft Engineer's Report for the proposed operation of the Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District (Two County LLD), 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/Sibley Volcanic) (Zones of Benefit) for fiscal year 2017/2018 (7/1/2017 - 6/30/2018);
3. Establish Tuesday, the 5th day of July, 2017, at the hour of 1:00 p.m. as the time to conduct a public hearing at the District Board Room, 2950 Peralta Oaks Court, Oakland, CA, and instruct the Clerk of the Board to provide appropriate public notice of the hearing, as required by the Landscaping and Lighting Act of 1972.
REVENUE/COST
In total, assessment revenues of $4,506,670 are expected to be raised from the Two County LLD and the Zones of Benefit. These revenues are anticipated in the 2017 and 2018 District budgets and are restricted to fund regional trail maintenance and improvements as specified in the attached draft Engineer’s Report. 2017 appropriations in these funds total $5,609,809.
44 BACKGROUND
The Park District’s regional trail system enjoys widespread citizen appreciation and support throughout the two county jurisdiction. Various funding sources are available for the acquisition of regional trails. However, the maintenance and operations of regional trails is funded almost entirely through property assessments and the General Fund.
In 1993, the Board of Directors formed the Alameda County/Contra Costa County Landscaping and Lighting District (Two County LLD). It was determined that the formation of this special assessment district would provide an equitable funding source to finance the cost of the regional trails within the Two County LLD by the property owners within the Two County LLD boundaries.
The Two County LLD was formed prior to the passage of Proposition 218, and is considered a “grandfathered assessment”. In 1996, 78.6% of voters in the two counties reaffirmed the continuation of the Two County LLD, as required by Proposition 218.
The assessment rate of $5.44 per equivalent dwelling unit was authorized and has remained unchanged over the years. Currently there are 357,917 residential, industrial and commercial assessable parcels in Alameda County and 296,864 in Contra Costa County. Additionally, there are 204,461 assessable multi-family residential parcels in Alameda County and 76,394 in Contra Costa County, which are assessed at $2.72 per unit.
Subsequent to the formation of, and within the boundaries of the Two County LLD, Zones of Benefit were developed to address specific trail maintenance priorities for certain development projects, including the following:
Five Canyons Zone of Benefit (ZB-1), in Castro Valley, was established in 1994 and currently includes 1,089 units, which are assessed $45.74 each.
Dublin Hills Zone of Benefit (ZB-2), in the City of Dublin, was established in 1996 and currently includes 631 units, which are assessed $33.10 each.
Walpert Ridge Zone of Benefit (ZB-3), in the City of Hayward, was established in 1998 and currently includes 516 units, which are assessed $147.64 each.
San Ramon Hills Zone of Benefit (ZB-4), in the City of San Ramon, was established in 1999 and currently includes 140 units, which are assessed $41.38 each.
Stone Valley Zone of Benefit (ZB-5), near Las Trampas Regional Wilderness Area, was established in 2006 and currently includes 39 units, which are assessed $172.22 each.
Sibley Volcanic Regional Preserve Zone of Benefit (ZB-6), near the City of Orinda, was established in 2007 and currently includes 211 units, which are assessed $102.46 each.
45 The General Manager recommends that the Board gives preliminary approval to the draft Engineer’s Report. By taking the proposed actions recommended in this report, the Board will be establishing the date for the legally-required public hearing which, along with final approval of the fiscal year 2017/18 Engineer’s Report, will make it possible for the Two County LLD and the Zones of Benefit to continue the trails and zone of benefit work programs in the 2017 and 2018 District budget years.
At the public hearing on July 5, 2017, the Board will receive public comments after a staff presentation, and thereafter determine whether the draft Engineer’s Report (work program, budget, and rate of assessment) is to be approved.
The requested Board action herein also provides instructions to the Clerk of the Board to publicize the details of the public hearing, in accordance with requirements established in the State statute.
ALTERNATIVES
None are recommended.
Attachment A: Draft 2017/18 Engineer’s Report for Alameda County – Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1)
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47 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO. 2017-05-
May 16, 2017
ADOPTION OF RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS, GRANT PRELIMINARY APPROVAL OF DRAFT ENGINEER'S REPORT, ESTABLISH DATE FOR PUBLIC HEARING AND INSTRUCT THE CLERK OF THE BOARD TO PROVIDE APPROPRIATE PUBLIC NOTICE OF HEARING; ALAMEDA COUNTY/CONTRA COSTA COUNTY REGIONAL TRAILS LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (TWO COUNTY LLD), 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 (SIBLEY VOLCANIC) (ZONES OF BENEFIT)
WHEREAS, the Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District (Two County LLD) was established byEast Bay Regional Park District Board action on June 1, 1993 and will complete its current fiscal year of operation on June 30, 2017; and
WHEREAS, the fiscal year 2017/2018 maintenance and operation program for Two County LLD and Zones of Benefit is being implemented; and
WHEREAS, operation and maintenance funds are required in fiscal year 2017/2018 for Two County LLD and Zones of Benefit to maintain parklands, open space, trails and related parkland access; and
WHEREAS, the Board of Directors of the East Bay Regional Park District desires to take the necessary steps, including the adoption of resolutions and the required public hearing, to continue operation of Two County LLD and Zones of Benefit in the fiscal year 2017/2018 (July 1, 2017 through June 30, 2018), in the manner set forth in the report presented this date; and
WHEREAS, on April 18, 2017 the Board of Directors approved the resolution initiating proceedings and ordering filing of the annual report for the Two County LLD and Zones of Benefit (Resolution No. 2017-04-101);
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby receives and preliminarily approves the draft 2017/18 Engineer's Report for the Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District (Two County LLD), including ZB-1 (Five Canyons), ZB-2 (Dublin Hills), ZB-3 (Walpert Ridge), ZB-4 (San Ramon ills), ZB-5 (Stone Valley), and ZB-6 (Sibley Volcanic), which describes work to be performed in fiscal year 2017/2018, the budget for the fiscal year, the assessment roll and the proposed assessment rate; and
BE IT FURTHER RESOLVED that it is the intention of the Board of Directors to levy and
48 collect assessments within Two County LLD and Zones of Benefit during fiscal year 2017/2018. The area of land to be assessed is all of the jurisdictional territory included within the boundaries of Alameda County and Contra Costa County. The actions taken to levy and collect assessments are pursuant to the State of California Landscaping and Lighting Act of 1972, subsequent amendments and the provisions of State Proposition 218. The EBRPD improvements to be maintained and operated in Fiscal Year 2017/2018 in the assessment district are the District's regional trails, both within the District's parklands and connecting regional parks; and
BE IT FURTHER RESOLVED that the Board of Directors hereby sets Wednesday, July 5, 2017, at the hour of 1:00 p.m. at EBRPD Administration Building, 2950 Peralta Oaks Court, Oakland CA, as the date, time and place for a public hearing to review the Engineer’s Report and to determine the work program and the assessment rate for fiscal year 2017/2018; and
BE IT FURTHER RESOLVED that the Board of Directors hereby instructs the Clerk of the Board to proceed with and provide the legally-required public notice defining the purpose of the public hearing and the date and location of the hearing; and
BE IT FURTHER RESOLVED that the General Manager and the Chief Financial Officer are hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary and appropriate to accomplish the intentions of this resolution.
Moved by Director , seconded by Director , and adopted this 16th day of May, 2017, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
49 Engineer’s Report for: Alameda County – Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1)
Fiscal Year 2017/18
OFFICE LOCATIONS:
Temecula – Corporate Headquarters 32605 Temecula Parkway, Suite 100 Temecula, CA 92592
San Francisco – Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102
California Satellite Offices Atascadero, Davis, Huntington Beach, Prepared by: Joshua Tree, Riverside, Sacramento, San Jose www.nbsgov.com 50 TABLE OF CONTENTS
EXECUTIVE SUMMARY...... 1
PLANS AND SPECIFICATIONS...... 2
Description of the District Boundaries...... 2
Description of Areas to be Improved ...... 3
Description of Improvements ...... 3
Identification of Benefit ...... 4
ESTIMATE OF COSTS...... 5
ASSESSMENT DIAGRAM ...... 12
ASSESSMENTS ...... 13
Method of Apportionment...... 13
Appeals of Assessment Levy to Property ...... 14
Assessment Roll...... 15
51 EXECUTIVE SUMMARY
On April 18, 2017, the Board of Directors of the East Bay Regional Park District (the “EBRPD”), State of California, under the Landscaping and Lighting Act of 1972 (the “Act”), adopted its Resolution Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of an Engineer’s Report for the Alameda County – Contra Costa County Regional Trails Landscaping and Lighting Assessment District No. 1 (the “District”). The Resolution of Initiation directed NBS Government Finance Group, DBA NBS, to prepare and file a report presenting plans and specifications describing the general nature, location, and extent of the improvements to be maintained, an estimate of cost of the maintenance, operations, and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations, and servicing the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received. The following assessment is made to cover the portion of the estimated cost of maintenance, operation and servicing of said improvements to be paid by the assessable real property within the District in proportion to the special benefit received: SUMMARY OF ASSESSMENT
Fiscal Year Fiscal Year As 2017/18 2017/18 Zone Confirmed Proposed Maximum by Board Assessment Assessment ACC-1 (General Zone) $4,325,662.24 $4,325,662.24 Five Canyons Zone of Benefit (ZB-1) 49,810.86 49,810.86 Dublin Hills Zone of Benefit (ZB-2) 20,886.10 20,886.10 Walpert Ridge Zone of Benefit (ZB-3) 76,182.24 76,182.24 San Ramon Hills Zone of Benefit (ZB-4) 5,793.20 5,793.20 Stone Valley Zone of Benefit (ZB-5) 6,716.58 6,716.58 Sibley Volcanic Regional Preserve Zone of Benefit (ZB-6) 21,619.06 21,619.06 Total $4,506,670.28 $4,506,670.28
The assessment has been levied in accordance with the assessment methodology adopted and approved by the Board at the time of District formation. The District (as well as ZB-1 and ZB-2) was formed prior to the passage of Proposition 218, The Right to Vote on Taxes Act, which was approved by the voters of California on November 6, 1996, and is now Article XIIIC and XIIID of the California Constitution. Although this assessment is consistent with Proposition 218, the California judiciary has generally referred to pre-Proposition 218 assessments as "grandfathered assessments" and held them to a lower standard than post Proposition 218 assessments. As required by Proposition 218, the voters of Alameda and Contra Costa counties approved the continuation of the District in November of 1996 (Measure KK). This measure passed with 78.6% approval.
East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 52 PLANS AND SPECIFICATIONS
Description of the District Boundaries The District includes all of Alameda County and all of Contra Costa County. Murray Township in eastern Alameda County and Liberty Union High School District in eastern Contra Costa County are exempt. Zones of Benefit 1, 2, and 3 lie within the District and Alameda County and Zones of Benefit 4, 5, and 6 lie within the District and Contra Costa County. The parcels of land, which have been determined to be within the boundaries of the District, are those parcels shown in the assessment roll for the District. Five Canyons Zone of Benefit (ZB-1): This zone was established in 1994 and includes the initial 960 unit residential development and 126 units added in 1996 near the Don Castro Recreation Area in Alameda County. In 2006, an annexation called Highland Estates was completed, adding 25 additional units. There are currently 1,089 assessable parcels in Zone of Benefit No.1. Dublin Hills Zone of Benefit (ZB-2): This zone was established on April 16, 1996 to serve the local trails and regional park needs of these 320 parcels in Alameda County in the City of Dublin. In 2006, an annexation called Schaefer Ranch Estates was completed, adding 302 parcels. There are currently 631 assessable parcels in Zone of Benefit No. 2. Walpert Ridge Zone of Benefit (ZB-3): This zone was established in July 7, 1998 to provide for servicing of regional parkland, habitat maintenance, irrigation, trails, fencing, gates, signs, and associated appurtenant facilities for these 152 parcels, 136 of which are assessable, in the ridge land above the City of Hayward, Alameda County. In 2006, an annexation of the Stonebrae development was completed, adding 570 additional parcels. There are currently 516 assessable parcels in Zone of Benefit No. 3. San Ramon Hills Zone of Benefit (ZB-4): This zone was established on March 2, 1999 to provide for servicing of trails, fencing, gates, signs, and associated appurtenant facilities for these 140 assessable parcels in a subdivision in the western portion of the City of San Ramon, Contra Costa County. Stone Valley Zone of Benefit (ZB-5): The zone was completed in 2006 for trail and regional parkland maintenance, and other improvements for the dedicated regional parkland from the Alamo Crest development off of Stone Valley Road within Alamo. There are 39 assessable parcels in Zone of Benefit No. 5. Sibley Volcanic Regional Preservation Zone of Benefit (ZB-6): The formation of this zone was completed in early 2007 for funding of trail maintenance and other improvements to the dedicated regional parkland adjacent to the Montanera development off of Gateway Boulevard near the City of Orinda in Contra Costa County. There are 211 assessable parcels in Zone of Benefit No. 6.
East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 2 53 Description of Areas to be Improved The acquisitions and improvements to be maintained, improved, and serviced by the assessments include parklands, trails, and related parkland access improvements throughout the District. The District improvements are generally as follows: Current and to be developed, paved and unpaved trails located within the District’s parklands, and regional trails as shown on the District’s current Master Plan map, as amended by the Board of Directors through the date of this report. The following projects will be funded with excess District funds: ACC-1 (General Zone) $500,000 - Vault Toilets & Sewers – various locations (estimated completion TBD) $175,000 - Wildcat Canyon Havey Canyon Crossing (estimated completion TBD) $5,320 - Niles Canyon Trail Development Study (estimated completion TBD) Five Canyons Zone of Benefit (ZB-1) $150,000 – Backpack camp and vault toilet (estimated completion: TBD) Dublin Hills Zone of Benefit (ZB-2) $60,000 – Martin Canyon Trail staging area (estimated completion: TBD) Walpert Ridge Zone of Benefit (ZB-3) $300,000 – Trail, restroom, staging area improvement, Honcharenko site (estimated completion: TBD) San Ramon Hills Zone of Benefit (ZB-4) $5,000 – Calaveras Ridge Trail (estimated completion: TBD) Stone Valley Zone of Benefit (ZB-5) $20,000 – Trail rehabilitation, culvert replacement, road grading, & goat grazing (estimated completion: 2017)
Description of Improvements The operations, maintenance, and servicing include, but are not limited to: trail maintenance, culvert service and repair, drinking fountains repair, entry structure repair, erosion control, fence repair, fire suppression, inlet, pipeline and outfall service and repair, litter control, mowing, painting, ranger patrol, repaving/crack repair, restroom maintenance, sign maintenance, stair tread repair, tree/shrubbery trim and removal, weed abatement, landscaping, grading and soil preparation. The operations, maintenance, and service include personnel, electrical energy, utilities such as water, materials, contractual services, administrative costs, and other items as necessary. In 2015, the District made capital purchases of a Ford F450 dump truck and a John- Deere ride-on lawn mower. Specific resources for the six Zones of Benefit, including operation, maintenance, and service of trails, regional parks, and supporting facilities are included within these improvements.
East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 3 54 The level of construction, operation, maintenance, and servicing will be consistent with the standards defined in the EBRPD Master Plan. All revenue requirements reflect the funding necessary to achieve an acceptable standard that ensures that facilities used by community residents will be appropriate in terms of aesthetics, environmental, and safety considerations. Any plans for these improvements will be filed with the EBRPD and are incorporated herein by reference.
Identification of Benefit This District provides for maintenance and operation, and related services and expenses, of the EBRPD trail system in Alameda and Contra Costa Counties. By definition, all of EBRPD's trails systems are a part of a regional two-county network; therefore, benefits are received equally by all property owners in Alameda and Contra Costa Counties. Thus, all areas in the two counties are included in the District. However, because the lands which are included in the Liberty Union High School District (eastern Contra Costa County) and Murray Township (eastern Alameda County) already contribute to regional trails operations by virtue of a separate assessment district or special, separate agreement with EBRPD, these areas are included in the District, but at a zero assessment rate.
East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 4 55 ESTIMATE OF COSTS
The EBPRD receives revenue funding from the District. Revenue from this source will be used for the improvement, maintenance, and servicing of the public facilities within the District. The budget for the General Zone of the District for Fiscal Year 2017/18 is shown in the following table:
Description Amount Sources Beginning Fund Balance, January 1, 2017 $4,096,321 Total Assessment FY 2017/18 4,325,662 County Collection Fees (276,037) Interest 20,000 Total Sources $8,165,946 Uses Maintenance Expenditures: Salaries and Benefits $3,964,300 Supplies 132,640 Services 132,270 Capital Outlay 0 Administrative Expenses: Intra-District Charges 0 Engineer Charges 30,000 Transfers Out 0 Total Uses $4,259,210 Projected Change in Fund Balance ($189,585) Projected Ending Fund Balance, December 31, 2017 $3,906,736
East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 5 56 The budget for the Five Canyons Zone of Benefit (ZB-1) for Fiscal Year 2017/18 is shown in the following table:
Description Amount Sources Beginning Fund Balance, January 1, 2017 $169,841 Total Assessment FY 2017/18 49,811 County Collection Fees (847) Interest 1,500 Total Sources $220,305 Uses Maintenance Expenditures: Salaries and Benefits $38,150 Supplies 21,250 Services 0 Administrative Expenses: Intra-District Charges 0 Engineer Charges 500 Transfers Out 150,000 Total Uses $209,900 Projected Change in Fund Balance ($159,436) Projected Ending Fund Balance, December 31, 2017 $10,405
East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 6 57 The budget for the Dublin Hills Zone of Benefit (ZB-2) for Fiscal Year 2017/18 is shown in the following table:
Description Amount Sources Beginning Fund Balance, January 1, 2017 $71,096 Total Assessment FY 2017/18 20,886 County Collection Fees (355) Interest 500 Total Sources $92,127 Uses Maintenance Expenditures: Salaries and Benefits $6,500 Supplies 2,100 Services 0 Administrative Expenses: Intra-District Charges 0 Engineer Charges 0 Transfers Out 60,000 Total Uses $68,600 Projected Change in Fund Balance ($47,569) Projected Ending Fund Balance, December 31, 2017 $23,527
East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 7 58 The budget for the Walpert Ridge Zone of Benefit (ZB-3) for Fiscal Year 2017/18 is shown in the following table:
Description Amount Sources Beginning Fund Balance, January 1, 2017 $428,201 Total Assessment FY 2017/18 76,182 County Collection Fees (1,295) Interest 4,000 Total Sources $507,088 Uses Maintenance Expenditures: Salaries and Benefits $25,850 Supplies 9,250 Services 0 Administrative Expenses: Intra-District Charges 0 Engineer Charges 500 Transfers Out 300,000 Total Uses $335,600 Projected Change in Fund Balance ($256,713) Projected Ending Fund Balance, December 31, 2017 $171,488
East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 8 59 The budget for the San Ramon Hills Zone of Benefit (ZB-4) for Fiscal Year 2017/18 is shown in the following table:
Description Amount Sources Beginning Fund Balance, January 1, 2017 $23,993 Total Assessment FY 2017/18 5,793 County Collection Fees (356) Interest 200 Total Sources $29,630 Uses Maintenance Expenditures: Salaries and Benefits $0 Supplies 500 Services 0 Administrative Expenses: Intra-District Charges 0 Engineer Charges 0 Transfers Out 5,000 Total Uses $5,500 Projected Change in Fund Balance $137 Projected Ending Fund Balance, December 31, 2017 $24,130
East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 9 60 The budget for the Stone Valley Zone of Benefit (ZB-5) for Fiscal Year 2017/18 is shown in the following table:
Description Amount Sources Beginning Fund Balance, January 1, 2017 $44,788 Total Assessment FY 2017/18 6,717 County Collection Fees (280) Interest 400 Total Sources $51,625 Uses Maintenance Expenditures: Salaries and Benefits $0 Supplies 1,000 Services 4,000 Administrative Expenses: Intra-District Charges 0 Engineer Charges 0 Transfers Out 20,000 Total Uses $25,000 Projected Change in Fund Balance ($18,163) Projected Ending Fund Balance, December 31, 2017 $26,625
East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 10 61 The budget for the Sibley Volcanic Regional Preserve Zone of Benefit (ZB-6) for Fiscal Year 2017/18 is shown in the following table:
Description Amount Sources Beginning Fund Balance, January 1, 2017 $32,673 Total Assessment FY 2017/18 21,619 County Collection Fees (410) Interest 200 Total Sources $54,082 Uses Maintenance Expenditures: Salaries and Benefits $0 Supplies 0 Services 0 Administrative Expenses: Intra-District Charges 0 Engineer Charges 0 Transfers Out 0 Total Uses $0 Projected Change in Fund Balance $21,409 Projected Ending Fund Balance, December 31, 2017 $54,082
East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 11 62 ASSESSMENT DIAGRAM
An Assessment Diagram for the District has been submitted to the EBRPD Clerk in the format required under the provision of the Act. The Assessment Diagram is on file with the EBRPD Clerk and by reference herein is made part of this Report. The lines and dimensions shown on maps of the County Assessor of the Counties of Alameda and Contra Costa for the current year are incorporated by reference herein and made part of this report.
East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 12 63 ASSESSMENTS
The actual assessments for Fiscal Year 2017/18, apportioned to each parcel as shown on the latest equalized roll at the County Assessor’s office, are listed and submitted as Section 5.3 of this Report for the District. The description of each lot or parcel is part of the records of the County Assessors of the County of Alameda and the County of Contra Costa and such records are, by reference, made part of this Report.
Method of Apportionment The assessments for the individual parcels in the General Zone of the District (excluding Murray Township and Liberty Union High School District), are based upon the following schedule: 1. For all residential, industrial, commercial parcels in Alameda and Contra Costa County (except as noted below), an annual parcel assessment of $5.44 is established for Fiscal Year 2017/18. For Fiscal Year 2017/18, there are 357,917 assessable units within Alameda County for a total of 1,947,068.48; there are 296,864 assessable units within Contra Costa County for a total of $1,614,668.16. 2. For all multi-family residential parcels of two or more units per parcel, an annual assessment of $2.72 per unit is established for Fiscal Year 2017/18. For Fiscal Year 2017/18, there are 204,461 assessable units within Alameda County for a total of $556,133.92; there are 76,394 assessable units within Contra Costa County for a total of $207,791.68. 3. The parcels in Murray Township (East Alameda County) and the Liberty Union High School District (ECCC-1 or East Contra Costa County) are included in the District, but at a zero assessment. 4. With regard to those lands defined by the County Assessor in each county as agricultural or ranch property, the annual assessment is made exclusively for those parcels on which a residence is located. 5. Public utility owned or leased properties, common areas, and church properties are excluded from assessment, in accordance with legal statute or accepted assessment practice in the two- county area. 6. Senior citizens whose annual income is below the State of California defined poverty level, are entitled to a 50% discount on their assessment. All assessments are rounded down to an even cent for placement on the Alameda County and Contra Costa County property tax roll. Zones of Benefit The methodology for the zones was developed to calculate the total assessment for each zone based upon Equivalent Dwelling Units (EDU). An improved single family parcel is the base unit for calculation of benefit assessments and is defined as one EDU. The assessment rates within the six zones of benefit within the District
East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 13 64 increase annually by the percentage change in the December Consumer Price Index for the San Francisco Area. For 2017/18, this increase amounts to 3.53%. The Fiscal Year 2017/18 assessment rates for the various zones are as follows: Five Canyons Zone of Benefit (ZB-1) An annual assessment of $45.74 per EDU is established within the Five Canyons Zone of Benefit for Fiscal Year 2017/18. There are 1,089 assessable units for a total of $49,810.86. Dublin Hills Zone of Benefit (ZB-2) An annual assessment of $33.10 per EDU is established within the Dublin Hills Zone of Benefit for Fiscal Year 2017/18. There are 631 assessable units for a total of $20,886.10. Walpert Ridge Zone of Benefit (ZB-3) An annual assessment of $147.64 per EDU is established within the Walpert Ridge Zone of Benefit for Fiscal Year 2017/18. There are 516 assessable units for a total of $76,182.24. San Ramon Hills Zone of Benefit (ZB-4) An annual assessment of $41.38 per EDU is established within the San Ramon Hills Zone of Benefit for Fiscal Year 2017/18. There are 140 assessable units for a total of $5,793.20. Stone Valley Zone of Benefit (ZB-5) An annual assessment of $172.22 per EDU is established within the Stone Valley Zone of Benefit for Fiscal Year 2017/18. There are 39 assessable units for a total of $6,716.58. Sibley Volcanic Regional Preserve Zone of Benefit (ZB-6) An annual assessment of $102.46 per EDU is established within the Sibley Volcanic Regional Preserve Zone of Benefit for Fiscal Year 2017/18. There are 211 assessable units for a total of $21,619.06. All assessments are rounded down to an even cent for placement on the Alameda County and Contra Costa County property tax roll.
Appeals of Assessment Levy to Property Any property owner, who feels that the assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with the Chief Financial Officer of the EBRPD, or designee. Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the Chief Financial Officer or designee will promptly review the appeal and any information provided by the property owner. If the Chief Financial Officer or designee finds the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County of collection, the Chief Financial Officer or designee is authorized to refund the property owner the amount of any approved reduction. Any dispute over the decision of the Chief Financial Officer or designee shall be referred to the EBRPD Board of Directors and the decision of the Board shall be final.
East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 14 65 Assessment Roll The EBRPD has obtained a detailed listing of all parcels within the District boundaries. For each county, a county parcel use code was secured and all statutorily tax-exempt parcels have been excluded from the assessment. A comprehensive listing of all parcels to be assessed, including parcel address and proposed amount of assessment, is on file at the EBRPD headquarters office, 2950 Peralta Oaks Court, Oakland. In all instances of District, parcel references will be based upon standard Alameda County and Contra Costa County parcel numbers and use codes, in order to avoid confusion or misunderstanding by property owners.
East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 15 66 Page Left Blank Intentionally
67 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 16, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
h. Adoption of Resolution of Intention to Order Improvements, Grant Preliminary Approval to the Draft Engineer’s Report, Establish Date of Public Hearing and Instruct the Clerk of the Board to Provide Appropriate Public Notice of Hearing: East Contra Costa County Landscaping and Lighting Assessment District (ECCC LLD) (Spaulding/Auker)
RECOMMENDATION
The General Manager recommends that the Board of Directors:
1. Adopt a Resolution of Intention to Order Improvements;
2. Grant preliminary approval of the attached draft Engineer's Report for the proposed operation of the East Contra Costa County Landscaping and Lighting Assessment District (ECCC LLD) for fiscal year 2017/2018 (7/1/2017 - 6/30/2018);
3. Establish Tuesday, the 20th day of June, 2017, at the hour of 2:00 p.m. as the time to conduct a public hearing at the Big Break Visitors Center at 69 Big Break Road, Oakley, CA and instruct the Clerk of the Board to provide appropriate public notice of the hearing, as required by the Landscaping and Lighting Act of 1972.
REVENUE/COST
Assessment revenues, disregarding delinquencies, totaling $744,842 are expected to be raised from the ECCC LLD proceeding. These revenues are anticipated in the 2017 and 2018 District year budgets and are restricted to improve, maintain and protect parkland, open space, trails and related access within the boundaries and provisions as described in the attached draft Engineer’s Report. Current appropriations in Fund 221 are $592,560. Additional appropriations in this fiscal year are recommended as part of the May 16th Board consent calendar for equipment replacement ($48,850). Other projects using ECCC LLD funds will be brought forward for Board approval at a future meeting.
68 BACKGROUND
When the East Contra Costa County area was annexed to the Park District in 1981, the annexation occurred without corresponding redistribution of tax revenues to the Park District. The East Contra Costa County Landscaping and Lighting Assessment District (ECCC LLD) was formed on December 17, 1991 to address this issue and provide funding for operation and maintenance of regional parks, open space and trail operation in East Contra Costa County.
The ECCC LLD was formed prior to the passage of Proposition 218, and is thus considered a “grandfathered assessment”. As required by Proposition 218, 67.8% of voters in the two counties reaffirmed the continuation of the ECCC LLD in 1996.
The assessment rate of $19.70 per equivalent dwelling unit was authorized and has remained unchanged over the years. There are currently 36,228 single family assessable units subject to the $19.70 rate, 592 between two and four residential unit parcels, 1,470 multiple living units (apartments) and 1,018 living units in hotels, motels and mobile home parks subject to assessment.
At the public hearing on June 20, 2017 at 2pm in the Big Break Visitor Center in Oakley, the Board will receive public comments following a staff presentation and then determine whether the draft Engineer's Report (work program, budget and rate of assessment) is to be approved.
The requested Board action herein also provides instructions to the Clerk of the Board to publicize the details of the public hearing, in accordance with requirements established in the State statute.
ALTERNATIVES
None are recommended.
Attachment A: Draft 2017/18 Engineer’s Report for East Contra Costa County Landscaping and Lighting Assessment District
69 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 05 -
May 16, 2017
ADOPTION OF RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS, GRANT PRELIMINARY APPROVAL TO THE DRAFT ENGINEER’S REPORT, ESTABLISH DATE OF PUBLIC HEARING AND INSTRUCT THE CLERK OF THE BOARD TO PROVIDE APPROPRIATE PUBLIC NOTICE OF HEARING: EAST CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1
WHEREAS, East Contra Costa County Landscaping and Lighting Assessment District (ECCC LLD) was established by the Board of Directors of East Bay Regional Park District on December 17, 1991, and will complete its current fiscal year of operation on June 30, 2017; and
WHEREAS, the fiscal year 2017/2018 maintenance and operation program for ECCC LLD is in the process of implementation; and
WHEREAS, operation and maintenance funds are required by the District in fiscal year 2017/2018 for ECCC LLD to maintain parklands, open space, trails and related parkland access; and
WHEREAS, the Board of Directors of the District desires to take the necessary steps, including the adoption of resolutions and the required public hearing, to continue operation of ECCC LLD in fiscal year 2017/2018 (7/1/2017 - 6/30/2018) in the manner set forth in the report presented this date; and
WHEREAS, on May 2, 2017 the Board of Directors approved the resolution initiating proceedings and ordering filing of the annual report for the ECCC LLD (Resolution No. 2017- 05-107);
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby receives and preliminarily approves the draft Fiscal Year 2017/18 Engineer's Report for the East Contra Costa County Landscaping and Lighting Assessment District (ECCC LLD) which describes work to be performed in fiscal year 2017/2018, the budget for the fiscal year, the assessment roll and the proposed assessment rate; and
BE IT FURTHER RESOLVED that it is the intention of the Board of Directors to levy and collect assessments within ECCC LLD during fiscal year 2017/2018. The area of land to be assessed is the territory included within the Liberty Union High School District of Contra Costa County, as constituted in calendar year 1981. The actions taken to levy and collect assessments are pursuant to the State of California Landscaping and Lighting Act of 1972 including subsequent amendments and the provisions of State Proposition 218; and
70 BE IT FURTHER RESOLVED that the Board of Directors hereby sets Tuesday, June 20, 2017, at the hour of 2:00 p.m. at Big Break Visitors Center (Delta) at 69 Big Break Road, Oakley, CA as the date, time and place for a public hearing to review the draft Engineer's Report and to determine the work program and the assessment rate for fiscal year 2017/2018; and
BE IT FURTHER RESOLVED that the Board of Directors hereby instructs the Clerk of the Board to proceed with and provide the legally-required public notice defining the purpose of the public hearing and the date and location of the hearing; and
BE IT FURTHER RESOLVED that the General Manager and the Chief Financial Officer are hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary and appropriate to accomplish the intentions of this resolution.
Moved by Director , seconded by Director , and adopted this 16th day of May, 2017, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
71 Engineer’s Report for: East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1)
Fiscal Year 2017/18
OFFICE LOCATIONS:
Temecula – Corporate Headquarters 32605 Temecula Parkway, Suite 100 Temecula, CA 92592
San Francisco – Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102
California Satellite Offices Atascadero, Davis, Huntington Beach, Prepared by: Joshua Tree, Riverside, Sacramento, San Jose www.nbsgov.com 72 TABLE OF CONTENTS
EXECUTIVE SUMMARY...... 1
PLANS AND SPECIFICATIONS...... 2
Description of the District Boundaries...... 2
Description of Areas to be Improved ...... 2
Description of Improvements ...... 4
Identification of Benefit ...... 4
ESTIMATE OF COSTS...... 5
ASSESSMENT DIAGRAM ...... 6
ASSESSMENTS ...... 7
Method of Apportionment...... 7
Appeals of Assessment Levy to Property ...... 7
Assessment Roll...... 8
73 EXECUTIVE SUMMARY
On May 2, 2017, the Board of Directors of the East Bay Regional Park District (the “EBRPD”), State of California, under the Landscaping and Lighting Act of 1972 (the “Act”), adopted its Resolution Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of an Engineer’s Report for the East Contra Costa County Landscaping and Lighting Assessment District No. 1 (the “District”). The Resolution of Initiation directed NBS Government Finance Group, DBA NBS, to prepare and file a report presenting plans and specifications describing the general nature, location, and extent of the improvements to be maintained, an estimate of cost of the maintenance, operations, and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations, and servicing the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received. The following assessment is made to cover the portion of the estimated cost of maintenance, operation, and servicing of said improvements to be paid by the assessable real property within the District in proportion to the special benefit received: SUMMARY OF ASSESSMENT
Fiscal Year 2017/18 Proposed Fiscal Year 2017/18 As Confirmed by Board Assessment Maximum Assessment $744,842.06 $744,842.06
The assessment has been levied in accordance with the assessment methodology adopted and approved by the Board at the time of District formation. The District was formed prior to the passage of Proposition 218, The Right to Vote on Taxes Act, which was approved by the voters of California on November 6, 1996, and is now Article XIlIC and XIlID of the California Constitution. Although this assessment is consistent with Proposition 218, the California judiciary has generally referred to pre-Proposition 218 assessments as "grandfathered assessments" and held them to a lower standard than post Proposition 218 assessments. As required by Proposition 218, the voters of eastern Contra Costa County approved the continuation of the District in November of 1996 (Measure LL). This measure passed with 67.8% approval from the voters within the District.
East Bay Regional Park District East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1) 1 74 PLANS AND SPECIFICATIONS
Description of the District Boundaries The District is defined by the boundaries of the Liberty Union High School District, in east Contra Costa County. The parcels of land, which have been determined to be within the boundaries of the District using County Tax Rate Areas, are those parcels shown in the assessment roll for the District.
Description of Areas to be Improved The acquisitions and improvements to be maintained, improved, and serviced by the assessments include parklands, trails, and related parkland access improvements throughout the District. The District improvements are generally as follows: Marsh Creek Trail 7.74 miles - Big Break Trail to Creekside Park: The Creekside Park to Cypress Road portion of this trail is 6.54 miles long and was opened in phases from December 1992 to 1997. Construction costs for the first phase (Cypress Road to Dainty Avenue) were $775,000 for the trail and $260,000 for bridges. In 2001, the operation of the Dainty Avenue to Balfour Road section of the trail was transferred to the EBRPD from the City of Brentwood. The 0.5 mile Balfour Road to Creekside Park portion of the trail was built by subdivision developers in 1996/97 and opened in 1997. Beginning in Fiscal Year 2005/06, the EBRPD has maintained responsibility for a trail tunnel beneath O'Hara Avenue and a tunnel beneath Sand Creek Road. The EBRPD expects to maintain a 9/10 mile extension to the Delta Shoreline Trail after completion of a restoration project. The Cypress Road to Delta Shoreline portion is 1.2 miles long and opened May 31, 1997, with a construction cost of $421,000 for the trail and railroad underpass. Delta/De Anza Trail Approximately 3.5 miles - Cypress Road to Neroly Road: The Cypress Road to Neroly Road portion of the trail is about 2.5 miles long and opened June 1, 1996, with a construction cost of $355,000 (trail and screen fencing). The Hillcrest to Ridgeline segment opened 2007/08 and added one additional mile of trail. The one-mile section of trail between Ridgeline and Neroly Road was completed and opened in 2014. Big Break Trail 1.7 miles - Jordan Lane to Big Break Bridge: The Marsh Creek Bridge to Jordan Lane section of trail, which opened in 1998, is 1.7 miles in length and cost $525,000 to construct. Additionally, a trail from Big Break Road to the flood control channel has been constructed and is being maintained.
East Bay Regional Park District East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1) 2 75 ECCC Trails Service Yard Adjacent to the Iron Horse Sanitation District facilities in Oakley: The Iron Horse Sanitation District Plant (IHSD) in Oakley opened September of 1994. The EBRPD acquired land from IHSD nearby for a permanent service yard, which was completed in 2003. The ECCC Service Yard provides necessary support for the continued growth of the District Trails and Park Program. Vasco Caves Regional Preserve / Vasco Hills / Byron Vernal Pools The original 750-acre property of the Vasco Caves was acquired by the Contra Costa Water District and the EBRPD in 1997/98 at a cost of $1,360,000. The area is maintained by the EBRPD. It opened in 1999/2000 for public use by reservation only. An additional 617 acres were acquired on December 23, 2004, at a cost of $2,961 600. There is a security residence at this location. The Vasco Hills and Vasco Caves parklands continued to be augmented in 2010 - 2012, and the 199.43 acre Coelho - Machado property was acquired in 2016 at a cost of $1.5 million. In total, Vasco now encompasses almost 4,000 acres. Beginning in 2009, additional land in the Vasco area was acquired, known as the Byron Vernal Pools. To-date, Byron Vernal Pools totals 1,600 acres acquired at a total cost of $10.7 million. Round Valley Regional Preserve The Purviance property of 1,165 acres was acquired in 1995 at a cost of $2,058,500. The Aswad property of 160 acres was acquired in April of 1996 at a cost of $224,000. The Cowell property was leased to the EBRPD in 1996 and opened in 1998. The construction cost of staging area and access was $921,500. There are 3.2 miles of trail. An additional 45 acres was added on January 31, 2000, at a cost of $313,250. There is also a security residence at this location. A group campsite, which may be reserved, opened in 2007, and a bridge was installed in 2012 to complete the loop trail. Delta Access The EBRPD acquired the Fallman property on June 20, 2002, at a cost of $1,500,000. The property is 276 acres in size and is located adjacent to the Werner Dredger Cut, east of Knightsen, in the Orwood Tract. The property is currently in agricultural use and will be kept in land bank status until funding is obtained for the development and operation of a delta access facility. An additional 90 acres of Delta access known as the Aginson Prime property was acquired in September of 2013 at a cost of $1,165,000. The purchase price included a security residence and a dock that may eventually allow small boat access to the Delta. The District is participating in the replacement of the Orwood Bridge, which crosses the Dredger Cut adjacent to the Fallman property. The new bridge will include a segment of the Mokelumne Coast to Crest Trail. In January 2016, at a cost of $6,072,000, the District acquired the 646-acre Nunn property to provide a key opportunity to protect and restore rare delta habitat. Deer Valley Regional Park In 2014 the District acquired the 960 acre Dainty Ranch and the 1,885 acre Roddy Ranch to begin the process of creating the Deer Valley Regional Park, as described in the District’s Master Plan. In 2016 the District acquired an additional 76.46 acres known as the SMD-Hanson Property. These properties are currently in Land Banked status.
East Bay Regional Park District East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1) 3 76 Description of Improvements The level of operations, maintenance and servicing include, but are not limited to: culvert service and repair, drinking fountains repair, entry structure repair, erosion control, fence repair, fire suppression, inlet, pipeline and outfall service and repair, litter control, mowing, painting, ranger patrol, repaving and crack repair, rest room maintenance, sign maintenance, stair tread repair, tree and shrubbery trimming and removal, weed abatement, landscaping, grading and soil preparation. The operations, maintenance and service include personnel, electrical energy, and utilities such as water, materials, contractual services, administrative costs and other items as necessary. All work will be performed to an acceptable standard and in accordance with applicable safety, environmental, aesthetic and building standards and regulations. Any plans for these improvements will be filed with the EBRPD and are incorporated herein by reference.
Identification of Benefit The District provides funds needed to maintain, operate, and construct parks, trails, open space, and other related park and access improvements within the District, as prescribed in the State of California Streets and Highways Code. Cost of acquisition and development of the regional facilities is funded primarily through Federal and State grants, Bond Acts, and various public and private donations. By definition, all District lands maintained with the assessment revenues are directly related to property within the District, and benefits are received equally by all residential property owners within the District. A single zone of benefit for residential properties is in effect throughout the entire area of the District, and assessments are established accordingly. Assessments are directed exclusively to owners of all individual residential parcels which include a residence or residences as defined by the Contra Costa County Assessor, according to the plan defined below in this Report. The plan reflects varying rates of assessment, dependent upon the number and type of residential units located on the various parcels.
East Bay Regional Park District East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1) 4 77 ESTIMATE OF COSTS
The EBPRD receives revenue funding from the District. Revenue from this source will be used for the improvement, maintenance, and servicing of the public facilities within the District. The budget for Fiscal Year 2017/18 is shown in the following table:
Description Amount Sources Beginning Fund Balance, January 1, 2017 $499,419 Total Assessment FY 2017/18 744,842 County Collection Fees (28,032) Interest 3,000 Total Sources $1,219,229 Uses Maintenance Expenditures: Salaries and Benefits $583,560 Supplies 50,000 Services 9,000 Capital Outlay 0 Administrative Expenses: Intra-District Charges 0 Engineer Charges 5,000 Transfers Out 0 Total Uses $647,560 Projected Change in Fund Balance $72,250 Projected Ending Fund Balance, December 31, 2017 $571,669
East Bay Regional Park District East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1) 5 78 ASSESSMENT DIAGRAM
An Assessment Diagram for the District has been submitted to the EBRPD Clerk in the format required under the provision of the Act. The Assessment Diagram is on file with the EBRPD Clerk and by reference herein is made part of this Report. The lines and dimensions shown on maps of the Contra Costa County Assessor for the current year are incorporated by reference herein and made part of this Report.
East Bay Regional Park District East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1) 6 79 ASSESSMENTS
The actual assessments for Fiscal Year 2017/18, apportioned to each parcel as shown on the latest equalized roll at the County Assessor’s office, are listed and submitted as Section 6 of this Report for the District. The description of each lot or parcel is part of the records of the Contra Costa County Assessor and such records are, by reference, made part of this report.
Method of Apportionment Assessments for individual parcel owners will be included as a part of the annual tax bill. Senior citizens, whose annual income is below the State of California defined poverty level, are entitled to a 50% discount on their assessment. Assessments for the individual parcels in the District, consistent with approved residential property assessment practices in other Contra Costa County special assessment districts, are based upon the schedule shown below. 1. Single Family Units on a single parcel (home, condominium, townhouse, mobile home, rural residential) are assessed $19.70 per unit For Fiscal Year 2017/18, there are 36,228 assessable units for a total of $713,691.60. 2. Two or more residential units, to a maximum of four residential units, on a single parcel (homes, duplex, triplex, mobile home) are assessed $19.70 per individual living unit For Fiscal Year 2017/18, there are 592 assessable units for a total of $11,662.40. 3. Multiple living units (apartments of five living units or more) are assigned an assessment rate of 0.5 units per individual living unit, or $9.85 per individual living unit For Fiscal Year 2017/18, there are 1,470 assessable units for a total of $14,479.50. 4. Living units in hotels, motels, and mobile home parks are assigned an assessment rate of 0.25 units per individual living unit, or $4.92 per individual living unit For Fiscal Year 2017/18, there are 1,018 assessable units for a total of $5,008.56. All assessments are rounded down to an even cent for placement on the Contra Costa County property tax roll.
Appeals of Assessment Levy to Property Any property owner, who feels that the assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with the Chief Financial Officer of the EBRPD, or designee. Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the Chief Financial Officer or designee will promptly review the appeal and any information provided by the property owner. If the Chief Financial Officer or designee finds the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County of collection, the Chief Financial Officer or designee is authorized to refund the property owner the amount of any approved reduction. Any dispute over the
East Bay Regional Park District East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1) 7 80 decision of the Chief Financial Officer or designee shall be referred to the EBRPD Board of Directors and the decision of the Board shall be final.
Assessment Roll Each year the EBRPD obtains a current listing of all parcels located within the District boundaries from the County Assessor. The listing identifies each individual parcel, its owner, and defines the County Assessor Use Code for the parcel. The complete listing of all parcels to be assessed, including name of owner, parcel address, and amount of the proposed assessment, is on file at the EBPRD headquarters office. Parcel references are consistent with Contra Costa County Assessor parcel numbers, in order to avoid confusion or misunderstanding by residential property owners.
East Bay Regional Park District East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1) 8 81 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 16, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
i. Authorization to Award a Contract for Services to LSA Associates, Inc. for Environmental Review Pursuant to the California Environmental Quality Act and Permitting for Five Miles of the Bay Area Ridge Trail in Fremont: Bay Area Ridge Trail (Dougan/Nisbet)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize the award of a contract in the amount of $158,771 to LSA Associates, Inc. for environmental review pursuant to the California Environmental Quality Act (CEQA) and permitting for five miles of the Bay Area Ridge Trail (Ridge Trail) from Garin Regional Park to Mission Boulevard, and an at-grade crossing of the Niles Canyon Railway in Niles, Fremont.
REVENUE/COST
As part of the 2017 budget process, the Board authorized the appropriation of $700,000 from Measure WW – Bay Area Ridge Trail funds to the Build Ridge Trail Project for the purpose of permitting and constructing this five-mile section of the trail within an easement over private property.
SOURCE OF FUNDS Existing project: Build Ridge Trail (#155300) $ 700,000
USE OF FUNDS Contract with LSA $ 158,771 Balance Remaining $ 541,229
BACKGROUND
The 2013 Master Plan Map identifies segment 3B of the Ridge Trail connecting Vargas Plateau to Garin Regional Park as a potential regional trail. In 2014, via Board Resolution 2014-11-292, the District entered into a final settlement agreement to acquire an emergency vehicle and
82 maintenance access easement and a separate recreational trail easement, stretching about five miles across private property between Garin and Vallejo Mill City Park in Niles, Fremont. The Ridge Trail will be constructed as a narrow, natural surface trail. It follows approximately three miles of existing road bed, which requires reconstruction of several existing drainage crossings. The remaining two miles will be new narrow, natural surface trail construction completed by the District.
An at-grade trail crossing is required to cross the Niles Canyon Railway (NCR) to complete the trail through Vallejo Mill City Park to the intersection of Mission Boulevard and State Highway 84. This railroad is owned by Alameda County and leased to the Pacific Locomotive Association. In December of 2015, the District completed the Niles Canyon Regional Connectivity Feasibility Study that considered four (4) different options for the narrow, natural surface trail to cross the NCR. The study identified the at-grade crossing to be the most feasible due to minimal environmental impact, lower cost and positive user experience. Upon adopting an environmental document in compliance with CEQA, the District will obtain a license agreement from Alameda County for the crossing and will seek approval of the crossing from the California Public Utilities Commission (CPUC). A recreational trail easement will also be required from the City of Fremont for construction and operation of the portion of trail within Vallejo Mill City Park.
Staff estimates the total construction costs for this five-mile stretch of Ridge Trail, the at-grade railroad crossing, and drainage reconstruction to be within our existing budget of $700,000. The design permitting and construction of the at-grade railroad crossing portion of the cost is estimated at about $480,000. We are hoping to construct the project in summer/fall 2018, pending ROW acquisition and CPUC approval.
A request for qualifications was advertised for environmental review pursuant to CEQA and permitting, and closed on February 28, 2017. Four firms submitted statements of qualifications and three qualified firms were interviewed on March 14, 2017. Upon consideration, LSA Associates, Inc. was chosen as the most qualified firm to perform the work.
ALTERNATIVES
No alternatives are recommended.
83 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017- 05 -
May 16, 2017
AUTHORIZATION TO AWARD A CONTRACT FOR SERVICES TO LSA ASSOCIATES, INC. FOR ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND PERMITTING FOR FIVE MILES OF THE BAY AREA RIDGE TRAIL IN FREMONT: BAY AREA RIDGE TRAIL
WHEREAS, the 2013 Master Plan Map identifies segment 3B of the Bay Area Ridge Trail (Ridge Trail) connecting Vargas Plateau to Garin Regional Park as a potential regional trail; and
WHEREAS, in 2014, via Board Resolution 2014-11-292, the District entered into a final settlement agreement to acquire both an emergency vehicle and maintenance access easement and a separate recreational trail easement, stretching about five (5) miles, across private property between Garin and Vallejo Mill City Park in Niles, Fremont; and
WHEREAS, by the Board approved budget, $700,000 was appropriated to the Build Ridge Trail Project (#155300); and
WHEREAS, the District released a request for qualifications for environmental review pursuant to California Environmental Quality Act and permitting for the project on February 28, 2017; and
WHEREAS, four firms submitted statements of qualifications, three firms were interviewed on March 14, 2017, and LSA Associates, Inc. was chosen as the most qualified firm;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the award of a contract in the amount of $158,771 to LSA Associates, Inc. for environmental review and permitting for five (5) miles of Bay Area Ridge Trail connecting Garin Regional Park to Vallejo Mill City Park in Niles, Fremont.
BE IT FURTHER RESOLVED that the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
Moved by Director , seconded by Director , and approved this 16th day of May, 2017, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
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85 Bay Area Ridge Trail East Bay Vargas Plateau to Garin Regional Park ± Regional Park District Louie Property Vicinity Land Acquisition Division October 30, 2014 Feet t:/bstone/mxd projects/trails/bayareart/gd_LOUIE/\ Location Map bart_Louie2014_b+w.mxd 0700 1,400 2,800 4,200
Garin Pleasanton Regional Ridge Park Regional Park
Dry Creek Pioneer Regional Park
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Recreational Trail Alignment 3.64 miles
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Vargas Plateau Regional Park
Vicinity Map
State Cull Hw Miss y 2 Canyon ion 38 Blv Dublin d Lake Hills Chabot
Pleasanton Garin Ridge
Dry Creek o n Can orris yo n R d Disclaimer: Boundary and property lines shown on this map do Pioneer M not represent a boundary or property line survey. The East Bay Regional Park District makes no representation as to the accuracy of said property lines (or any other lines), and no Vargas liability is assumed by reason of reliance thereon. Use of this map for other than its intended purpose requires the written Plateau consent of EBRPD. Mowry Ave
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87 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 16, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
j. Approval of the Dumbarton Quarry Campground Phase 1 Development Naming Program: Coyote Hills Regional Park (Bondurant/Nisbet)
RECOMMENDATION
The General Manager, Board Executive Committee (BEC), and Park Advisory Committee (PAC) recommend that the Board of Directors approve the Dumbarton Quarry Campground Phase 1 Development Naming Program.
REVENUE/COST
Aside from staff time, there is no cost associated with this naming program.
BACKGROUND
DeSilva Gates Construction Company operated Dumbarton Quarry, located at the southern tip of Coyote Hills Regional Park, from the 1950s to its closing in July of 2007. The former industrial quarry produced roughly 15 million cubic yards of rock used for major infrastructure projects around the San Francisco Bay. DeSilva Gates has partnered with the District to oversee and fund reclamation of the Quarry site as a 91-acre park for public use and overnight camping. The first phase of the reclamation, which will cover about 42 acres, is slated for completion in 2018 and will include RV campsites, picnic areas, playground, amphitheater, restrooms and trails. The campground will be a recreation unit within Coyote Hills Regional Park.
The Planning Department coordinated a multi-departmental staff group to research and develop a naming program for Phase 1 facility improvements. The 2005 land use plan for Coyote Hills Regional Park emphasizes naming of trails and facilities to recognize the area’s first inhabitants, the Tuibun Ohlone, by using a number of words from the Chochenyo dialect. Moreover, visitor center exhibits and naturalist programs focus on Native American lifestyles. To further the public’s understanding of the area’s natural and cultural history and give new meaning to the park landscape, the current program emphasizes names associated with Mission and settler ranching history, salt production, and rock quarrying. General themes for proposed names include local historical places, towns, and family names for the reservable campground, store and picnic sites; and geological and ecosystem names for a playground, viewpoint, and trails.
88 The location and name of proposed Phase 1 facilities and features at the new campground are included as Exhibit A. Note that all facilities included in the program may not be formally named, but are included to leave the option open. Phase II improvements and beyond will be named in the future. An explanation of the Phase 1 development naming program follows.
Facility Name: Dumbarton Quarry Campground is named to memorialize the site’s geographical link to the area and former land uses; nearby Dumbarton Point is named after Dumbarton, Scotland.
Reservable Campground: Eden Campground honors Mount Eden or Eden, a former township in Alameda County that was founded in 1850 by a group of farmers from Mount Eden, Kentucky. The former Eden Township comprises the cities of San Leandro and Hayward, as well as unincorporated areas.
Store and Picnic Sites: Centerville Store celebrates the name of one of the original towns in the former Washington Township, that combined with other townships to form Fremont. Patterson Picnic Site recognizes the George Patterson family and its former vast ranchlands; Jarvis Picnic Site acknowledges shipbuilder, Francis C. Jarvis, who bought nearby Mayhews Landing and created Jarvis Landing; Mowry Picnic Site pays tribute to Origin Mowry, who in 1850 bought ranchland at the edge of the bay at an old landing, establishing Mowry’s Landing; Agua Caliente Picnic Site recognizes Rancho del Agua Caliente (Warm Springs), a Mexican land grant south of the park; and DeSilva Picnic Site honors the DeSilva Gates Construction Company, the landowner and operator of the former quarry, which has partnered with the District to oversee and fund the reclamation.
Trails and Playground: Quarry Rock Playground is given to identify the importance this resource has been for infrastructure projects around the Bay Area. Serpentine and Greenstone Trails recognize the underlying rock that form the Coyote Hills; greenstone was quarried here for base rock.
At its meeting on April 6, 2017, the Board Executive Committee considered and unanimously recommended favorable consideration of the naming program with several small adjustments, which have been incorporated into the naming program as Exhibit A. Additionally, the Committee was undecided as to whether the facility should be named Dumbarton Quarry Campground or simply Dumbarton Campground, and deferred its resolution to the PAC. The PAC reviewed the Phase I development naming program at its April 24, 2017, meeting, discussed the facility name and made two motions: 1) the majority of the PAC approved the facility name Dumbarton Quarry Campground, recognizing its former land use; and 2) the PAC unanimously recommended favorable consideration of the naming program incorporating the name Dumbarton Quarry Campground to the Board of Directors. All proposed names have been reviewed for consistency with the Park District’s Naming Policy and Guidelines, included as Exhibit B. Planning staff has determined that proposed names meet the guidelines’ requirements.
ALTERNATIVES
No alternatives are recommended.
89 ATTACHEMENTS
Exhibit A: Proposed Dumbarton Quarry Campground Phase1 Development Naming Program Exhibit B: EBRPD Naming Policy and Guidelines
90 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 05 -
May 16, 2017
APPROVAL OF THE DUMBARTON QUARRY CAMPGROUND PHASE 1 DEVELOPMENT NAMING PROGRAM: COYOTE HILLS REGIONAL PARK
WHEREAS, Coyote Hills Regional Park opened to the public in May 1968 and is currently 1,267 acres; and
WHEREAS, Dumbarton Quarry, located at the southern tip of Coyote Hills Regional Park, was operated by DeSilva Gates Construction Company as an industrial rock quarry from the 1950s through July 2007; and
WHEREAS, as part of the quarry’s reclamation, DeSilva Gates will fund and develop a 91- acre park for public use and camping; and
WHEREAS, Phase 1 development, which will cover about 42 acres, will include RV campsites, picnic areas, playground, amphitheater, restrooms and trails; and
WHEREAS, under the agency’s Naming Policy, the East Bay Regional Park District proposes naming Phase 1 development as shown in Exhibit A; and
WHEREAS, on April 6, 2017, the Board Executive Committee reviewed and considered the facility’s Phase I development naming program and unanimously recommended its approval, while deferring the facility name to the Park Advisory Committee (PAC); and
WHEREAS, on April 24, 2017, the PAC reviewed and considered the facility’s Phase I development naming program and made two motions: 1) the majority approved the name of the facility as Dumbarton Quarry Campground and 2) unanimously recommended favorable consideration of the naming program incorporating the name Dumbarton Quarry Campground to the Board of Directors;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby approves the Dumbarton Quarry Campground Phase 1 Development Naming Program; and
BE IT FURTHER RESOLVED that the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
91 Moved by Director , seconded by Director , and adopted this 16th day of May, 2017, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
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93 Dumbarton Quarry Campground Coyote Hills Regional Park
The first phase of this park, expected to be completed in 2018, will include: • A unique bayside campground • Amphitheater with 63 RV hook-up sites • Trail connections to Coyote Hills, • Picnic area San Francisco Bay Trail, and the • Playground Don Edwards National Wildlife Refuge • Restrooms Phase II Phase I Marsh View Point Serpentine Trail Amphitheater Agua Caliente Patterson Centerville Picnic Site Picnic Site Store
Eden Campground Mowry Picnic Site Jarvis Picnic Site Quarry Rock Playground Greenstone Trail DeSilva Picnic Site
Trail Connection Park Entrance Phase II Phase I
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95 East Bay Regional Park District Naming Policy and Guidelines
Adopted by EBRPD Board of Directors on April 20, 2004 Resolution No. 2004-04-73
The East Bay Regional Park District Board of Directors is responsible for the naming and renaming of Regional Parks1, trails, features, areas, and facilities. Proposals for naming and/or renaming may come from any source including Board members, staff, volunteers, organizations and individuals.
The procedure for the naming of a Regional Parks, trails, features, areas and facilities began with the District’s establishment in 1934. Naming is a way to remember shared history, to identify local natural resources and to honor individuals. Naming is also a useful way to help park users interpret parkland resources and to orient themselves while visiting the Regional Parks.
Recognition naming after persons living or deceased may be allowed in special cases. The District’s preference is to express appreciation for contributions through awards, events, tributes, publicity, commemorative items, mementos and letters of appreciation. The number of features and facilities within EBRPD that may be named is finite. The decision not to accept a naming proposal does not diminish the significance of public service or the gratitude of the District to those who have contributed service or monetary donations.
Naming Policy
Regional Parks, trails, features, areas and facilities will be named after natural features such as plant and animal life, geographic, topographic or paleontological features, or for cultural features such as archaeological and historic artifacts, historic persons, families or events. Existing historically related names shall be respected.
Naming in recognition of persons living or deceased may be allowed only in special cases, and will be considered for substantial or outstanding contributions of service, property or funds to the public good of the East Bay Regional Park District, East Bay Region, Bay Area, State, or Nation. The East Bay Regional Park District is not a venue for corporate or personal advertising. Corporate names will not be considered for Regional Parks or significant geographic features, but in special cases, may be considered for facility or area names.
Staff will maintain guidelines which will include more specific criteria for eligibility and procedure. The EBRPD Board of Directors always maintains flexibility interpreting the policy, and shall have final authority to name parkland features and facilities as it deems appropriate.
1 All parkland classifications including Regional Trails
P:\Planning Stewardship\1-Policies\Naming\Naming Policy 2004.doc 96 Administrative Naming Guidelines
Staff will administer the Board’s Naming Policy according to the following guidelines. These guidelines may be changed by the General Manager from time to time.
Naming Criteria
Naming of geographic or natural features, Regional Parks and Regional Trails after individuals will be an exception, reserved for those nominations meeting the highest threshold criteria. Recognition naming will more typically be applied to structures, facilities, in-park trails and areas.
Naming is a special recognition that is considered for persons deserving exceptional recognition for their unique, “substantial or outstanding” contributions, which will be evaluated as follows:
• Did the individual’s contribution provide a major benefit to the District, or on a local, regional, state or national scale?
• Is the benefit sufficiently enduring so as to be apparent to future generations?
▪ Has the nominee already been substantially honored with recognition naming in other places, particularly in the East Bay, which would make a proposal redundant?
The District endeavors not to duplicate names within its system.
Naming Process
The name of a new Regional Park will be established in the District Master Plan, although the name may be temporary in nature. Parkland naming will be finalized in an appropriate planning document for the parkland unit or by separate Board Resolution.
The Planning/Stewardship Department will coordinate naming as a part of the preparation and review of planning documents or on a case-by-case basis as requested by the General Manager or Board of Directors. Naming requests will be evaluated as follows:
• Staff will submit naming recommendations for review by the Board Executive Committee. The Executive Committee will make a recommendation to the full Board of Directors. • The Park Advisory Committee (PAC) will review the Executive Committee recommendation and make its own recommendation to the Board of Directors. • In a case where the PAC disagrees with the Executive Committee’s recommendation, the recommendation will be returned to the Executive Committee. • The full Board will consider the naming proposal.
Minor naming or renaming for facilities and features will be established by a team led by the Planning/Stewardship Department when requested by the Operations or Public Safety Departments. Any names designated in this manner are temporary and will be reviewed as a part of the next formal planning process for the Regional Park.
P:\Planning Stewardship\1-Policies\Naming\Naming Policy 2004.doc 97 Recognition Naming Process
Naming after persons who have contributed significantly in service, property or monetary donations to the East Bay Regional Park District, East Bay Region, Bay Area, State, or Nation, or naming after elected officials and persons associated directly with the East Bay Regional Park District will be considered on a case-by-case basis.
Recognition naming will be indicated on park brochure maps and may be further described within a parkland at a facility such as a Visitors Center, both to recognize the individual and to further public understanding of his/her contribution. The Planning/Stewardship Department will maintain a database of facilities designated with recognition names.
Recognition for significant monetary or land donations may arise because of an individual gift or as a part of a coordinated fund-raising effort for the facility or area. The individual gift will be reviewed for naming at the time that the gift is received by the Board. The Land Acquisition Department will administer land donations and the Public Affairs Department will administer monetary donations.
Specific fund-raising efforts for new park facilities or structures may contain a naming element in recognition of donors who may fund major costs. “Facilities,” in these circumstances, do not include trails. In such instances, the Public Affairs Department will develop a Donor Naming Plan which will include both the specific naming opportunities and the manner of recognition. Review of recognition naming for Donor Naming Plans will follow the same review process as outlined in the “Naming Process” above, although the PAC will provide comments rather than recommendations. If there is a timing constraint with the gift or other impediment that precludes the PAC review, the PAC will be informed of the staff’s recommendation.
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99 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 16, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
k. Authorization to Appropriate Measure CC Funds and Execute a Consulting Services Contract with Ascent Environmental for Preparation of an Environmental Impact Report for the Land Use Plan Amendment: Miller/Knox Regional Shoreline (Bondurant/Nisbet)
RECOMMENDATION
The General Manager recommends that the Board of Directors:
1) Authorize the appropriation of $50,000 in Measure CC funds to the Prepare EIR for LUPA Project (#522900) for Miller/Knox Regional Shoreline (Miller/Knox); and
2) Authorize award of a consulting services contract with Ascent Environmental, with offices in Sacramento and Berkeley, California, in the amount of $200,000 for environmental services associated with preparing an Environmental Impact Report (EIR) for the Miller/Knox Land Use Plan Amendment (LUPA).
REVENUE/COST
This Board action appropriates $50,000 in Measure CC funds to the Prepare EIR for LUPA Project for the purpose of funding the agreement with Ascent Environmental, as indicated below. There is currently $150,000 from the General Fund appropriated to this project.
SOURCE OF FUNDS Transfer and appropriate from: Measure CC, Line No. 62 - Miller/Knox (Examine alternatives to keep the park’s lagoon healthy and provide public access to water. $ 50,000 Coordinate project with over all park renovation to be completed in the fall of 2015 and conditions set in the LUPA currently under development.) To existing project: Prepare EIR for LUPA (#522900) $ 150,000 Available Project Balance $ 200,000
100 USE OF FUNDS Consulting Services Contract with Ascent Environmental $ 200,000
BACKGROUND
Miller/Knox is located in the southwestern portion of the City of Richmond on a peninsula known as Point Richmond, and comprises approximately 306 acres. This location provides spectacular panoramic views of San Francisco Bay and beyond. Dornan Drive divides Miller/Knox into an east and west section. The area east of Dornan Drive includes Ferry Point at the southern end, Keller Beach at the northern end, with the lagoon and the Bray Oil property in between. The area west of Dornan Drive includes the hiking trails in the hilly ridges that comprise a segment of the Potrero Hills.
The East Bay Regional Park District (District) is preparing a LUPA for Miller/Knox to update the 1983 Land Use Development Plan (LUDP). In October 1995, the District’s Board of Directors approved the LUDP Amendment and Mitigated Negative Declaration for Ferry Point Pier and Ferry Point Terminal, which added the two Ferry Point parcels (a total of 28 acres) to Miller/Knox, and allowed development of the fishing pier. In May 1999, the District’s Board of Directors approved the Initial Study/Mitigated Negative Declaration for (MND) for the Bray Property Acquisition, which covered the acquisition of the privately-owned property at 1275 Dornan Drive (the former Bray Oil Terminals Facility) and comprises eight acres. The MND included acquisition and initial demolition activities only, not park development.
The Miller/Knox LUPA goals are to enhance the existing interpretive program, physical fitness opportunities, and provide additional areas for quiet reflection. Consistent with the 1983 LUDP, specific recommendations will be provided for five planning areas. The recommendations are summarized below:
FERRY POINT PLANNING AREA - Core Goal - Maximize Public Amenities 1. Develop a promenade connecting the Ferry Point Pier to the Lagoon Planning Area through the Bray Oil Property Planning Area 2. Enhance the grassland open turf area 3. Provide additional picnic areas and benches 4. Rehabilitate the historic pumphouse building for passive interpretive use and demolish the historic warehouse building, maintaining the development footprint of the demolished building for future reuse 5. Develop additional permanent parking adjacent to the existing parking area
BRAY OIL PROPERTY PLANNING AREA - Core Goal - Develop Trail Connections and Park Facilities 1. Create a connection between Ferry Point and the Lagoon Planning Areas 2. Establish native plant communities demonstration gardens and trail system 3. Develop an interpretive and recreational facility shelter for outdoor education, interpretive programs, and volunteer activities 4. Provide a green-waste composting area for operations and public education 5. Provide an area for disposal of dredging spoils from the lagoon
101 BAY SHORE PLANNING AREA - Core Goal - Improve Public Access throughout the Bay Shore Planning Area 1. Remove the remnant railroad tracks within the District’s jurisdiction and develop a section of the San Francisco Bay Trail between Keller Beach and Ferry Point Beach 2. Formalize access between from the Bay Shore and the Lagoon Planning Area
LAGOON PLANNING AREA - Core Goal - Enhance the Active Recreation Zone 1. Establish a new trail on the east side of lagoon 2. Refurbish the existing picnic areas, barbeques, and restrooms 3. Develop a “Fit Core” course 4. Implement the Lagoon Enhancement Project
RIDGELAND PLANNING AREA -Core Goal - Improve Public Access and Enhance the Existing Trail System 1. Develop new staging areas off Dornan Drive Staging Area near The Rambler’s Clubhouse and off Canal Boulevard 2. Implement trail recommendations, including trailhead improvements, new vista points, repair of erosion-damaged trails, and decommissioning trails too damaged for repair 3. Implement recommendations identified in the District’s Wildfire Hazard Reduction and Resource Management Plan, Integrated Pest Management recommendations, and grazing recommendations
Planning staff determined that an EIR would be the appropriate environmental document pursuant to the California Environmental Quality Act, primarily due to the potentially significant environmental impacts that could result from implementation of LUPA recommendations associated with the historic buildings at Ferry Point and lagoon enhancement.
Planning staff prepared a Request for Proposals for this work. The District received three consultant proposals. Two firms were interviewed by a three-person selection committee comprising staff from the Acquisition, Stewardship and Development Division. The presentations/interviews took place on April 13, 2017, and Ascent Environmental was determined to be the highest ranked firm.
ALTERNATIVES
No alternatives are recommended.
ATTACHMENTS
Exhibit 1: Vicinity Exhibit 2: Planning Areas
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103 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 05 –
May 16, 2017
AUTHORIZATION TO APPROPRIATE MEASURE CC FUNDS AND EXECUTE A CONSULTING SERVICES CONTRACT WITH ASCENT ENVIRONMENTAL FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE LAND USE PLAN AMENDMENT: MILLER/KNOX REGIONAL SHORELINE
WHEREAS, the East Bay Regional Park District is preparing a Land Use Plan Amendment for Miller/Knox Regional Shoreline; and
WHEREAS, to complete the Land Use Plan Amendment Project, the District must complete an environmental analysis of the Project in accordance with the California Environmental Quality Act; and
WHEREAS, District Planning staff requests environmental consulting services to complete the environmental analysis; and
WHEREAS, the District advertised a Request for Proposals for consulting services to complete the environmental analysis in connection with the Land Use Plan Amendment and three firms submitted proposals; and
WHEREAS, after evaluating all of the proposals submitted, the District interviewed two firms, and determined Ascent Environmental, with offices in Sacramento and Berkeley, California, to be the highest ranked firm, and has successfully negotiated contract terms and conditions, including a fee of $200,000; and
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the appropriation of $50,000 in Measure CC Funds, Line No. 62 - Miller/Knox, to the Prepare EIR for LUPA Project (#522900); and
BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park District authorize a contract for consulting services with Ascent Environmental in the amount of $200,000, to be paid from the Prepare EIR for LUPA Project (#522900); and
BE IT FURTHER RESOLVED that the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate e to accomplish the intentions of this resolution.
104 Moved by Director , seconded by Director , and approved this 16th day of May, 2017, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT
105 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM
NEW APPROPRIATIONS BUDGET TRANSFERS From New Revenues X Between Funds DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: OTA Fund - Planning-Miller/Knox-Services / Prepare EIR for LUPA - Consultants Account: 336-7320-465-6191 /522900 MCCT - 005 $ 50,000 Transfer Between Funds Account Name: Expense: Account Name: Expense: ota Fund-Non Measure CC Fund -Non Departmental-District Wide-Transfer In Departmental-District
Account: 226-9110-000-9980 $ 50,000 Account: 336-9110-000-3980 $ 50,000 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on May 16, 2017 the General Manager authorizes the appropriation and, transfer of Measure CC funds to an existing Other Than Asset project 522900 from line 62. The funding will augment the existing $150,000 General Fund budget in the project.
As approved at the Board of Directors Meeting on date: 5/16/2017 Board of Directors Resolution Number: 2017-05- Posted By: Posted date: Signature:
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107 MILLER / KNOX REGIONAL SHORELINE East Bay 0 0.125 0.25 Miles Regional Park District Exhibit 1: Vicinity 1 inch [
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Contra Costa County Miller / Knox EBRPD Regional Brooks Island Shoreline Regional Preserve
Alameda County
East Bay Regional Park District
108 O:\GIS\MPeterson\Projects_2017\ASD\Planning\LUPAs\MK\RFPmaps\Fig1_Location.mxd Date: 2/27/2017 Page Left Blank Intentionally
109 Pt. Richmond " ¨¦§580 MILLER / KNOX REGIONAL SHORELINE East Bay 0 450 900 Feet Regional Park District 1 inch [ Cutting Blvd
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Legend Planning Areas Lagoon Ferry Point Railroad Property SF Bay Trail - Existing Bayshore Ridgeland No Public Access SF Bay Trail - Proposed Bray Oil Property Park Boundary O:\GIS\MPeterson\Projects_2017\ASD\Planning\LUPAs\MK\RFPmaps\Fig2_PlanningAreas.mxd Date: 2/28/2017 110 Page Left Blank Intentionally
111 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 16, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
L. Authorization to Purchase Communications Equipment and Services from Motorola and East Bay Regional Communications System Authority (EBRCSA) (Gershaneck/Anderson)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize spending of up to $135,800 in 2017 to continue with the existing service agreement for radio purchases, activation fees and monthly service charges services with Motorola and the East Bay Regional Communications System Authority (EBRCSA). Board Operating Guidelines require Board authorization for annual spending over $50,000 with a single vendor.
REVENUE/COST
The funds to cover the costs associated with this action are included in the 2017 budget.
SOURCE OF FUNDS Motorola Radios General Fund-PS Support Services-Comm. Equipment < $25,000 101-8120-000-5373 $ 100,000 EBRCSA Activation Fees General Fund-PS Communications-Subscriptions 101-8130-000-6921 $ 50,930 $150,930 USE OF FUNDS EBRCSA Subscription Fees-current for 126 Radios $ 38,700 EBRCSA Subscription & Activation Fees-new fees for 15 Additional radios 28,500 Motorola Radios-purchase 15 radios 68,600 $ 135,800
BACKGROUND
Since 2010, the Public Safety Division has utilized Motorola as the sole approved vendor of the EBRCSA radio system, providing equipment for the District’s radio communication system
112 serving police and fire personnel in the field. Currently, the system includes 126 radios and associated service fees. EBRCSA is a proprietary system that requires certain types of radios to be used. Currently, Motorola is the only approved vendor from which to purchase equipment. In 2017, 15 portable radios will be added at an approximate cost of $68,600. Existing service agreements with EBRCSA will bring the total annual cost with EBRCSA to approximately $67,200.
The existing service agreement with EBRSCA was approved on October 19, 2010 under Board Resolution 2010-10-269. The District’s legal counsel has reviewed both vendors and determined each to be a sole source vendor.
ALTERNATIVES
No alternatives are recommended.
113 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 05 –
May 16, 2017
AUTHORIZATION TO PURCHASE COMMUNICATIONS EQUIPMENT AND SERVICES FROM MOTOROLA AND EAST BAY REGIONAL COMMUNICATIONS SYSTEM AUTHORITY (EBRCSA)
WHEREAS, The Public Safety Division utilizes East Bay Regional Communications System Authority (EBRCSA) as a communications system for public safety officers and vehicles; and
WHEREAS, Motorola is the only authorized vendor for communications equipment and services for the EBRCSA system; and
WHEREAS, the District’s Board Operating Guidelines require Board approval for annual spending greater than $50,000 with a single vendor; and
WHEREAS, The District’s legal counsel has reviewed both vendors and determined each to be a sole source vendor; and
WHEREAS, The Board of Directors has previously approved an agreement to utilize the equipment and services with EBCRSA for this purpose in Board resolution 2010-10-297; and
WHEREAS, The Police Department has funds available in its general fund budget for this purpose;
NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes and directs the General Manager on behalf of the Park District to approve the spending of up to $68,600 with Motorola and up to $67,200 with EBRCSA on communications equipment and service fees in 2017; and
BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
Moved by Director , seconded by Director , and adopted this 16th day of May 2017 by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
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115 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 16, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
m. Authorization to Appropriate General Fund EBMUD/JPA Restricted Funds and Install Computer Mounting Hardware for EBMUD Police Vehicles (Phulps/Anderson)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize the appropriation of funds in accordance with the Public Safety/East Bay Municipal Utility District Joint Powers Agreement (EBMUD/JPA) from Pursuit North of Pittsburg, California at a cost not to exceed $5,000.
REVENUE/COST
The District’s General Fund balance includes restricted funds that are reserved for legal agreements, such as the District’s Joint Powers Agreement with EBMUD. According to the agreement, these funds may be appropriated as needed to replace vehicles and/or equipment required to fulfill specific obligations.
SOURCE OF FUNDS Appropriation from Restricted General Fund Balance $ 5,000
USE OF FUNDS EBMUD/JPA Computer Mounting Hardware to be installed in units 109, 130Z & 159 Account 101-8240-000-5311 (Repair and Maintenance Supplies) Equipment Base Price $ 4,218 Freight $ 171 Sales Tax $ 307 Total Encumbrance $ 4,696
116 BACKGROUND
Vehicle and equipment upgrades are funded by EBMUD/JPA. Finance staff is required to record expenditures for the East Bay Municipal Utility District Joint Powers Authority against a specific Public Safety department budget. The transaction data is used to bill EBMUD quarterly for supplies and services related to the JPA. Funding is set aside from those payments in a restricted account of the General Fund, to cover the operating costs of the JPA including the replacement of vehicles and installed equipment used for that purpose.
ALTERNATIVES
No alternatives are recommended.
117 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 05 –
May 16, 2017
AUTHORIZATION TO APPROPRIATE GENERAL FUND EBMUD/JPA RESTRICTED FUNDS AND INSTALL COMPUTER MOUNTING HARDWARE FOR EBMUD POLICE VEHICLES
WHEREAS, Pursuit North of Pittsburg, California is a recognized vendor offering equipment and installation for police vehicles; and
WHEREAS, Three East Bay Municipal Utility District/Joint Powers Authority (EBMUD/JPA) vehicles will be outfitted with computer mounting hardware; and
WHEREAS, the District holds a General Fund restricted account to provide for such purchases; and
NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the appropriation of funds in order to purchase computer mounting hardware for installation in three EBMUD/JPA patrol vehicles 109, 130 and 159 for a total cost not to exceed $5,000, which said sum will be charged to the fund of 101- 8240-000-5311, as per the attached Budget Change Form; and
BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
Moved by Director , seconded by Director , and adopted this 16th day of May 2017 by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
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119 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM
NEW APPROPRIATIONS BUDGET TRANSFERS X New Appropriation Between Funds From New Revenues Between Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: General Fund- Public Safety - EBMUD/JPA-Supplies
Account # 101-8240-000-5311 $ 5,000 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on May 16, 2017, the General Manager recommends that the Board of Directors authorize the appropriation of $5,000 restricted legal agreement funds for the purpose of purchasing and installing hardware for three existing JPA assigned vehicles. This action will amend the 2017 budget.
As approved at the Board of Directors Meeting on date: 5/16/2017 Board of Directors Resolution Number: 2017-05- Posted By: Posted date: Signature:
T:\BOARDCLK\BOARD MATERIAL\2017\9 - May 16, 2017\S DRIVE\C-1-m-PS-2017 JPA EBMUD laptop appropriation
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121 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 16, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
n. Authorization to Award a Contract to Bay Cities Refuse Service, Inc. for Recycling, Compost and Trash Collection and Processing Services: Tilden Regional Park (Barrington/O’Connor)
RECOMMENDATION
The General Manager recommends that the Board of Directors award a contract to Bay Cities Refuse Service, Inc. for recycling, compost, trash collection, and processing services for Tilden Regional Park for five (5) years. The collection services will include three (3) streams: (1) all recyclable materials; (2) all compostable materials, and (3) trash. In addition, EBRPD will require separate collection of yard trimmings, construction & demolition materials, scrap metal, and wood.
REVENUE/COST
The annual cost associated with this action will be approximately $61,527 and is consistent with the costs and service levels of prior years. The funding source is in the Operations Tilden base budget account 101-5121-105-6641 (Garbage/Dumping/Recycle Fees).
BUDGET APPROPRIATION: Amount Available: 101-5121-105-6641 (2017) $ 65,130 Bid Proposal Price $ 61,527
BACKGROUND
The Board and staff are committed to waste reduction, reuse, and recycling District-wide. In order to effectively manage this goal, staff developed a Request for Proposals (RFP) for recycling, compost and trash collection and processing services for Tilden Regional Park. The RFP also requires separate collection of yard trimmings, construction & demolition materials, scrap metal, and wood. Tilden has historically contracted for trash pickup services only. Since January 1, 2006, the District has contracted with Bay Cities Refuse Service, Inc. for trash collection services at Tilden; the contract has subsequently expired.
122 The District released the RFP for collection services in October, 2016 and conducted outreach to vendors operating in Alameda and Contra Costa counties. The vendors were as follows: Alameda County Industries, Garaventa Enterprises, East Bay Sanitary, Bay Cities Refuse Service, Inc., Waste Management, Civicorps Schools, and Republic Services.
The RFP closed on November 30, 2016. Three firms attended the Mandatory Bid-Walk and two proposals were received as follows:
Bay Cities Refuse Service, Inc. $61,527 (Including all services, recycling collection was proposed at no cost) Civicorps Schools $13,498 (Recycling collection only)
Staff conducted a site visit to the Bay Cities Refuse Service facilities in Richmond and met with their Management team. Based on current level of satisfaction with the trash collection services provided by Bay Cities Refuse Services at Tilden, and the competitive rates and services offered, Bay Cities Refuse Service, Inc. has been determined to be the most qualified for the project. The proposal submitted by Bay Cities Refuse Service, Inc. of Richmond, California meets the RFP specifications and conditions and has been deemed the lowest responsible, responsive bidder.
ALTERNATIVES
None are recommended.
123 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017– 05 –
May 16, 2017
AUTHORIZATION TO AWARD A CONTRACT TO BAY CITIES REFUSE SERVICE, INC. FOR RECYCLING, COMPOST AND TRASH COLLECTION AND PROCESSING SERVICES: TILDEN REGIONAL PARK
WHEREAS, the District’s contract with Bay Cities Refuse Service, Inc. to collect trash in Tilden Regional Park has expired; and
WHEREAS, the District released a Request for Proposals (RFP) for recycling, compost, and trash collection and processing services in Tilden Park; and
WHEREAS, funds are available in the Operations-Tilden base budget account 101-5121- 105-6641 (Garbage/Dumping/Recycle Fees); and
WHEREAS, two bids were received, the proposal submitted by Bay Cities Refuse Service, Inc. meets all the specifications and conditions of the District’s RFP and Bay Cities Refuse Service, Inc. was deemed the lowest responsible, responsive bidder;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the award of a contract to Bay Cities Refuse Service, Inc. of Richmond, California in the amount of $61,527 for recycling, compost and trash collection and processing services for Tilden Regional Park for five (5) years using available funding in the Operations-Tilden base budget account 101-5121-105-6641 (Garbage/Dumping/Recycle Fees); and
BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
Moved by Director , seconded by Director , and adopted this 16th day of May, 2017, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
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125 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 16, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
o. Authorization to Extend Contracts for Transportation Services with Michael’s Transportation Services Inc., Durham School Services, and First Student Inc. (Kassebaum/Strawson O’Hara/O’Connor)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize the amendment of current contracts to increase the limits for Michael’s Transportation Service Inc. (Michael’s) from the current $50,000 to $100,000, and to increase the contract limit from $50,000 to $75,000 for both First Student Inc. (First Student) and Durham School, Services Inc. (Durham). A year-by- year extension of each is recommended, upon written approval of the General Manager for up to five (5) years, to meet the transportation needs of programs District-wide.
REVENUE/COST
The transportation program is funded through the District's base budget, grants from the Regional Parks Foundation, and other sources including Costco Busan grant funding. There is no additional appropriation to the District for this action beyond funds already budgeted for 2017 and in future approved budgets.
BACKGROUND
The District's transportation program provides buses for 15 different interpretive, recreation, aquatic, and public affairs programs. These include the Parks Express program, which provides low-cost buses to East Bay schools with a substantial number of students enrolled in the federal free and reduced lunch program. Parks Express also provides transportation for organizations serving low income populations, seniors, and persons with disabilities. Buses are also used by the Kids Healthy Outdoor Challenge (KHOC) program, Fish Friends, Community Outreach, Richmond Rangers/Adventure Crew, Outdoor Recreation Co-Op, Jr. Lifeguards, swimming lessons, the Stay Healthy in Nature Everyday (SHINE) program, and the Multi-Cultural Wellness Walks.
126 The transportation program eliminates a substantial barrier that can prevent many groups from accessing regional parks and provides the ability to engage in environmental education, recreation, and health and wellness activities. In turn, the demand for buses increases every year.
To meet the demand, the District has entered into contracts with seven different bus companies. They provide everything from full-size 72-passenger buses, to 21-passenger coaches, and vehicles with wheelchair lifts. Four of these bus companies (Michael's Transportation, Durham School Services, First Student, and Metro Trans) are the primary contractors used because of their size and availability. Michael’s, Durham, and First Student have all provided services to the District for over 14 years.
In 2011, the Board of Directors Resolution No.: 2001-2-031 authorized a contract increase for Michael’s, Durham, and First Student, along with a year-by-year extension for each service provider upon written approval of the General Manager for up to five (5) years. The resolution expired in 2016 and the current contract limits fall $78,000 short of funded District programs.
ALTERNATIVES
None are recommended.
127 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 05 -
May 16, 2017
AUTHORIZATION TO EXTEND CONTRACTS FOR TRANSPORTATION SERVICES WITH MICHAEL’S TRANSPORTATION SERVICES, INC., DURHAM SCHOOL SERVICES, AND FIRST STUDENT, INC.
WHEREAS, The Park District's transportation program provides buses for 15 different interpretive, recreation, aquatic and public affairs programs including Parks Express, Kids Healthy Outdoor Challenge (KHOC) program, Fish Friends, Community Outreach, Richmond Rangers/Adventure Crew, Outdoor Recreation Co-Op, Jr. Lifeguards, swimming lessons, the Stay Healthy in Nature Everyday (SHINE) program, and the Multi-Cultural Wellness Walks; and
WHEREAS, Michael’s Transportation Services, Inc., Durham School Services, and First Student, Inc. are the primary contractors used by the District and because of their size and availability of buses are the transportation program's sole source vendors; and
WHEREAS, Michael’s, Durham and First Student have all provided services to the District for over 14 years to bring low-income students, seniors and disabled groups into the Regional Parks; and
WHEREAS, current contract limits fall $78,000 short of funded District programs.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes increasing the contract limits for Michael’s Transportation Services, Inc. from the current $50,000 to $100,000 and for both First Student, Inc. and Durham School Services from the current $50,000 to $75,000 and authorizes a year-by- year extension for Michael’s, Durham and First Student upon written approval of the General Manager for up to five (5) years.
BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
Moved by Director , seconded by Director , and adopted this 16th day of May, 2017, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
128 ACQUISITION STEWARDSHIP DEVELOPMENT AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 16, 2017
C. BUSINESS BEFORE THE BOARD
2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION
a. Authorization to Appropriate Funds and Award a Construction Contract to Gordon N. Ball, Inc. for Construction of the San Francisco Bay Trail – Pinole Shores to Bayfront Park Project: San Francisco Bay Trail (Dougan/Nisbet)
RECOMMENDATION
The General Manager recommends that the Board of Directors:
1. Authorize the award of a construction contract in the amount of $9,300,305.46 to Gordon N. Ball, Inc., Alamo, California, the lowest responsive responsible bidder, for the Pinole Shores to Bayfront Park San Francisco Bay Trail project.
2. Appropriate $3,000,000 from the sources identified below, including $1.1 million in Measure WW Contingency Reserves, to the Design and Permit Pinole Shore – San Pablo Bay Project (#147100).
3. Authorize the General Manager to sign and execute a Public Interest Finding (PIF) to accept the sole bid in accordance with Caltrans Local Programs Manual.
REVENUE/COST
Funding for the project based on the engineer’s estimate has been budgeted in existing project #147100-Design and Permit Pinole Shore Project. However, an additional $3 million in funding (detailed below) must be appropriated based on the actual construction bid received. The project name and scope will now be updated to “Construct Pinole Shore Trail”. Therefore, this action is requesting the appropriation of certain Measure WW and Measure AA funds as noted below.
SOURCE OF FUNDS Construct Pinole Shore Project (#147100) $ 10,218,299 Expended/Encumbered to Date (2,868,147) Total Current Available Balance $ 7,350,152
130 Pinole Shores to Bayfront Park Bay Trail Funding
Current Funding Sources Amount Grants Active Transportation Program $ 4,000,000 Union Pacific Rail Road 2,030,500 California Recreational Trails 1,311,686 Measure J* (Recommended for award) 1,000,000* WCC Transportation Advisory Committee 500,000 TIGER II DOT 425,402 Caltrans Priority Conservation Area 119,711 ABAG 50,000 District Funds Measure AA Development (Pt Pinole/Lone Tree & San Pablo Bay Allocation Areas) $ 781,000 Total Current Budget $ 10,218,299 ** The Measure J grant has not been awarded. However, it is the highest ranked project in the program and is recommended for funding by the Contra Costa Transportation Authority staff
SOURCE OF FUNDS - continued Transfer and Appropriate From: Measure WW Contingency $ 1,100,333 Measure WW Bay Trail Development 949,215 Measure WW Contingency Surplus in Construct Vehicular Bridge Project (#539700) 500,000 Build Carquinez Scenic Trail Project (#148500) Surplus 171,694
Measure AA Consolidated West Metro Development Funds 158,758
Measure WW Bay Trail Acquisition 120,000 Total Transfer and Appropriation $ 3,000,000
Total Available Funds, after Transfer $ 10,350,152
USE OF FUNDS Construction Contract - Gordon N. Ball, Inc $ 9,300,306 Other Construction Costs (contingency, mitigation fees, UPRR costs, utility inspection, administrative costs) $ 1,049,846 Total Construction Cost $ 10,350,152
BACKGROUND
This project will close a critical gap in the San Francisco Bay Trail (SFBT) between Pinole Shores and Bayfront Park in the City of Pinole. Planning for the SFBT along the San Pablo Bay shoreline in Pinole, Hercules, and Contra Costa County has been ongoing for decades. The District has
131 completed several planning and engineering studies and has worked with local communities and developers to extend the SFBT along the shoreline. Per Resolution No. 2008-2-040, the Board adopted a Resolution to secure funding and complete the SFBT from Point Pinole Regional Shoreline to Rodeo in West Contra Costa County. The design process was initiated by Resolution No. 2008-4-080, adopted April 1, 2008, authorizing the acceptance and appropriation of funds from the West Contra Costa Transportation Advisory Committee (WCCTAC) for geotechnical studies and preliminary design of the Bay Trail between Pinole Shores and Bayfront Park.
The currently proposed ½-mile segment along the San Pablo Bay shoreline will connect with the existing terminus of the Pinole Shores segment of the SFBT and travel along hillside bluffs until it sweeps north to cross over Union Pacific Railroad (UPRR) tracks; requiring the design of a bridge structure approximately 1,100 feet in length. This bridge structure will land in Bayfront Park and will be maintained and operated by the District.
Preliminary design and environmental work was completed in 2012. An Environmental Impact Report (EIR) in accordance with the California Environmental Quality Act (CEQA) was certified January 13, 2012, and adopted by the Board in January of 2012 by Resolution No. 2012-01-014, and a Categorical Exclusion in accordance with the National Environmental Policy Act was re- validated by Caltrans on March 8, 2016. All necessary approvals and permits have been obtained. The project design is 100% complete and approved by UPRR. Construction is estimated to be completed by spring of 2018. Following the California Transportation Commission’s (CTC) January 19, 2017, fund allocation, the District received Authorization to Construct (E-76) on February 15, 2017. The E-76 requires the District to award the construction contract for this project by July 19, 2017.
The Park District advertised the construction contract on February 23, 2017, with bids due April 3, 2017. The project was advertised in thirteen (13) plan rooms in addition to advertising in the Daily Pacific Builder and on BPExpress. The District conducted an independent constructability review, had healthy attendance at the pre-bid conference, and close to ten companies obtained bid packages. Only one bid was submitted from Gordon N. Ball, Inc. in the amount of $9,300,305.46. This bid was approximately $2.4 million over the Engineer’s Estimate of $6.9 million, calculated in October 2016.
There are several possible reasons that only one bid was received and it was $2.3 million over the Engineer’s Estimate. Numerous changes to design, utility protective measures, tree removal mitigation costs and construction index cost increases have all raised the project cost since the time of the estimate as follows: First, additional design changes from UPRR and a recent change to their construction guidelines to increase the construction clearance within their operating area from 12 feet to 15 feet has reduced the access and working area for the contractor. Second, additional measures and inspection mandated by Kinder Morgan to protect their high pressure gas pipeline during construction has also made access more difficult for the contractor. Third, mitigation costs required by the City of Pinole for the removal of over 60 protected trees has resulted in a tree removal mitigation cost of roughly $125,000. Fourth, since October 2016, the Turner Building Cost Index shows an increase of roughly 5%, which reflects the higher bidding environment. Finally, with the recent heavy precipitation and winter storm damage statewide,
132 the availability of contractor and developer resources have decreased, resulting in an increase in cost for construction.
Staff has thoroughly reviewed the bid, the ability of Gordon N. Ball In. to perform this contract, and the circumstances that lead to the cost issues discussed above. Based on all of the various factors, staff recommends accepting the Gordon N. Ball, Inc. bid and moving forward with construction to meet the July 2017 Active Transportation Program (ATP) grant deadline. Staff believes it is in the District’s best interest to award the contract to the sole bidder to avoid potential loss of grant funds and further cost escalation. In order to accept this bid the Board must authorize the transfer and appropriation of $3 million from the funding sources identified in the cost section above, and must authorize the General Manager to sign and execute a Public Interest Finding (PIF) to accept a sole bid in accordance with Caltrans Local Programs Manual. The $3 million recommended does include $1.1 million for WW Contingency. The total project estimate includes a 5% construction contingency. For a project of this size a contingency of 8-10% is preferred, but due to the thorough independent constructability review performed by our outside construction manager, Parsons Brinckerhoff, and internal funding constraints, staff is comfortable moving forward with a 5% contingency at this time.
NAME OF BIDDER TOTAL BASE BID Gordon N. Ball, Inc. $ 9,300,305.46
ENGINEER’S ESTIMATE: $ 6,893,637.90 (Total Base Bid)
ALTERNATIVES
The Board may elect to reject this bid and direct staff to re-advertise at a later date. If so, staff will perform contractor outreach to identify factors that discouraged bidding, clarify design elements that may have caused increases in cost or confusion, and tighten up the specifications. This will require a Request for Time Extension approval by the CTC at its June 2017 meeting. Staff does not recommend this alternative, as there is a risk of project cost escalation due to the competitive construction market. Lastly, ATP grant extension approval from the CTC is not guaranteed.
133 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 05 -
May 16, 2017
AUTHORIZATION TO APPROPRIATE FUNDS AND AWARD A CONSTRUCTION CONTRACT TO GORDON N. BALL, INC. FOR CONSTRUCTION OF THE SAN FRANCISCO BAY TRAIL – PINOLE SHORES TO BAYFRONT PARK PROJECT: SAN FRANCISCO BAY TRAIL
WHEREAS, this project will close a critical ½-mile gap in the San Francisco Bay Trail (SFBT) between Pinole Shores and Bayfront Park in the City of Pinole; and
WHEREAS, by Resolution No. 2008-2-040, the Board adopted a Resolution to secure funding and complete the SFBT from Point Pinole Regional Shoreline to Rodeo in West Contra Costa County; and
WHEREAS, by Resolution No. 2008-4-080, adopted April 1, 2008, the Board of Directors authorized to accept and appropriate funds from the West Contra Costa Transportation Advisory Committee for geotechnical studies and preliminary design of the Bay Trail between Pinole Shores and Bayfront Park; and
WHEREAS, in 2010, the District received an award of $10.2 million from the United States Department of Transportation under the TIGER II program, which allowed 100% design completion and securing of all necessary permits and approvals; and
WHEREAS, the District advertised the construction contract in thirteen (13) plan rooms in addition to advertising in the Daily Pacific Builder and on BPExpress on February 23, 2017, with bids due April 3, 2017; and
WHEREAS, Gordon N. Ball, Inc. of Alamo, California, was the only responsive responsible bidder and the bid of $9,300,305.46 was roughly $2.4 million over the Engineer’s Estimate of approximately $6.9 million; and
WHEREAS, numerous changes to project design, utility protective measures affecting construction access, and construction index cost increases have raised the project cost since the Engineer’s Estimate was calculated in October 2016; and
WHEREAS, staff recommends that it is in the District’s best interest to award the contract to Gordon N. Ball, Inc., the sole bidder, to avoid potential loss of Active Transportation Program grant funds and the minimize the risk of further cost escalation;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby appropriates $3,000,000 from various District funding sources to the to address the needs of the updated scope of the Construct Pinole Shore Trail Project
134 (#147100) per the Budget Change form attached hereto; and
BE IT FURTHER RESOLVED that the Board authorizes the General Manager to sign and execute a Public Interest Finding (PIF) to accept the sole bid in accordance with Caltrans Local Programs Manual; and
BE IT FURTHER RESOLVED that the Board awards a contract to Gordon N. Ball, Inc. in the amount of $9,300,305.46 to be charged to the Construct Pinole Shore Trail Project (#147100); and
BE IT FURTHER RESOLVED that the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
Moved by Director , seconded by Director , and adopted this 16th day of May, 2017, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
135 Legend East Bay San Francisco Bay Trail Regional Park District Pinole Shores to Bayfront Park Existing SF Bay Trail Environmental Review & GIS Applications Proposed SF Bay Trail t:\bstone\mxd projects\trails\ sfbaytrail\sfbt_PinoleShores 070 140 280 Feet June 25, 2011
E V S a n P a b l o A D A Bay Shoreline O R L I A R Bayfront Park
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137 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM
NEW APPROPRIATIONS BUDGET TRANSFERS Appropriate from General Fund Between Funds X From New Revenues X Between Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: OTA Fund- Account Name: Expense: Capital Fund- Design & Constructi0n-Point Pinole- Trails-San Pablo Bay-Construction in Services /Construct Vehicular Bridge Progress-Construct Pinole Shore Trail- Measure WW Development Contingency Measure WW Development Contingency- Allocation Area-Contract Work Contract Work
Account: 336-7120-496-6191 / 539700 WP68-009 Account: 333-7340-495-7020 / $ 500,000 147100WP68-009 $ 1,600,333 Account Name: Expense: Capital Fund- Account Name: Expense: Capital Fund- Trails Development-Carquinez Strait- Trails-San Pablo Bay-Construction in Work in Progress / Build Carquinez Progress-Construct Pinole Shore Trail- Scenic Trail -Contract Work Measure WW Development Bay Trail Allocation Area-Contract Work
Account: 333-7340-469-7020 / 148500 WP06 -009 Account: 333-7340-495-7020 / $ 171,694 147100WP06-009 $ 1,120,909 Account Name: Expense: Capital Fund- Trails-San Pablo Bay-Construction in Progress-Construct Pinole Shore Trail- Measure AA West Metro Development Allocation Area-Contract Work
Account: 333-7340-495-7020 / 147100BAAA-009 $ 158,758 Account Name: Expense: Capital Fund- Trails-San Pablo Bay-Construction in Progress-Construct Pinole Shore Trail- Measure WW Acquisition Bay Trail Allocation Area-Contract Work
Account: 333-7340-495-7020 / 147100WX06-009 $ 120,000 TRANSFER BETWEEN FUNDS Account Name: TRANSFER OUT: Other Account Name: TRANSFER IN: Capital Than Asset Fund-Non-Departmental- Fund-Non Departmental-District Wide- District Wide-Transfer Out Transfer In
Account: 336-9110-000-9980 $ 500,000 Account: 333-9110-000-3980 $ 500,000 REASON FOR BUDGET CHANGE ENTRY:
T:\BOARDCLK\BOARD MATERIAL\2017\9 - May 16, 2017\S DRIVE\C-2-a-ASD- 147100 Pinole Shore Bay Trail
138 As being presented at the Board of Directors meeting on May 16, 2017 the General Manager recommends that the Board of Directors authorize the transfer and appropriation of $3,000,000 from mulitple sources to cover costs related to the Pinole Shores trail extension, project 147100. This appropriation includes the new appropriation of Measure WW contingency development funds, in the amount of $1,100,333, plus the transfer of $ 500,000 Measure WW contingency funds from project 539700. As approved at the Board of Directors Meeting on: Date:
Board of Directors Resolution Number: 2017-05- Posted By: Date: 5/16/2017 Signature
T:\BOARDCLK\BOARD MATERIAL\2017\9 - May 16, 2017\S DRIVE\C-2-a-ASD- 147100 Pinole Shore Bay Trail
139 FINANCE AND MANAGEMENT SERVICES AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 16, 2017
C. BUSINESS BEFORE THE BOARD
3. FINANCE AND MANAGEMENT SERVICES DIVISION
a. Authorization to Amend the 2017 Budget, Appropriate Funds and Close Measure WW Local Grant Program Projects (Margulici/Rasmussen/Auker)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize amendments to the 2017 Local Grant project budgets and the appropriation of additional funds for the Measure WW Local Grant Program payments to other agencies. The General Manager further recommends the formal closure of several completed Local Grant Projects.
REVENUE/COST
This action will increase individual Local Grant Project budgets by $2,331,076, bring the total appropriation of Measure WW Local Grant funds to $119,095,546 as indicated on Attachment 1. The total amount of local grant funds allocated in Measure WW was $125 million, therefore the District has appropriated approximately 95.30% of the funds available for the program. The table below reflects the Measure WW local grant program funding history:
Year Amount Appropriated/ Cash Paid per Year Net Approved Grants 2009 $ 28,632,536 $137,016 2010 26,462,936 10,597,647 2011 15,430,807 13,704,471 2012 9,529,387 13,097,891 2013 12,786,889 11,763,573 2014 8,778,155 11,217,590 2015 7,352,091 6,012,824 2016 7,791,669 11,614,538 2017 2,331,076 3,722,239 TOTAL $119,095,546 $81,867,789
BACKGROUND
On November 4, 2008, voters of Alameda and Contra Costa counties approved Measure WW:
141 Regional Open Space Wildlife, Shoreline and Parks Bond Extension. Of the $500 million bond extension, $125 million (25%) of the bond proceeds are allocated to local agencies to fund park and recreation projects. The Measure WW Local Grant Program Procedural Guidelines, approved by the Board on January 13, 2009 (Resolution 2009-1-011), established the policies and procedures under which the District would reimburse agencies for eligible expenses on local parks and recreation projects. On January 13, 2009, (Resolution 2009-1-016), the Board of Directors approved a resolution of intention which authorizes the reimbursement of expenditures from future bond proceeds, including such incurred pursuant to the establishment of the Measure WW Local Grant program through December 31, 2018.
Annually, the District announces the Local Grant application period. Prior to the March 31, 2017 Measure WW Local Grant Program application deadline, the District received seven (7) project applications. Staff has reviewed these applications and recommends the appropriation of $1,452,722.71 to fund these seven (7) projects (see Attachment 1). In addition, the City of Berkeley, Oakland Zoo and Hayward Area Recreation & Park District requested budget increases for three (3) projects valued at $878,353.00 (see Attachment 1).
This request does not include an additional request for administrative costs. To date, the District has appropriated $2,623,593.96 for administration based on the percentage of Local Grant Funds approved, but has only expended $1,787,322.02.
The District also performs a project closure process annually. By the end of 2016, twenty-seven (27) additional WW Local Grant Program projects have been completed by Local Agencies. This action proposes closure of these projects (Attachment 2).
As noted above, this action to approve the applications from other jurisdictions and appropriate new local grants is authorized by the resolution of intention that provides, should reimbursement requests exceed current bond proceeds, for the reimbursement of such expenses from future bond sales. Due to the long construction periods anticipated for capital construction projects, reimbursement requests for local grant projects are expected to come in over several years, thereby spreading the cash flow requirements of the bond and allowing the District to plan and issue sufficient bonds to meet funding needs under the overall Measure WW authority. To date, the District has disbursed $81,867,789 in funds for the Measure WW Local Grant Program, which is approximately 65.50% of the funds available for this program.
Pending approval of this resolution, staff will continue their evaluation of the applications received and issue individual project application approval throughout the year once an application is found to be complete and in full conformance with the grant guidelines. If, during the final review of these projects, it is found that additional projects should be approved in excess of the appropriation currently recommended, staff will return to the Board for the appropriation of additional funds.
As per the program guidelines, agencies have the ability to select individual local parks and recreation projects for funding within the overall allocation of the program. This provision allows the transfer of the appropriated funds between project accounts without additional approval from this Board.
The District has received eight requests to extend the WW Local Grant Program for additional time beyond the current December 31, 2018 deadline. Staff recommends that progress is monitored on all remaining local grant projects during 2017. Staff will return to the Board in May 2018 with a
142 recommendation on whether or not the WW Local Grant Program should be extended and for what length of time.
ALTERNATIVES
No alternatives are recommended.
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144 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO. : 2017 – 05 -
May 16, 2017
AUTHORIZATION TO AMEND THE 2017 BUDGET, APPROPRIATE FUNDS AND CLOSE MEASURE WW LOCAL GRANT PROGRAM PROJECTS
WHEREAS, on November 4, 2008, the voters in Alameda and Contra Costa counties approved Measure WW: Regional Open Space Wildlife, Shoreline and Parks Bond Extension; and
WHEREAS, of the $500 million bond extension, $125 million (25%) of the bond proceeds are allocated to the Local Grant Program to fund park and recreation projects of cities and other local communities; and
WHEREAS, on January 13, 2009 (Resolution 2009-1-011), the Board approved the Measure WW Local Grant Program Procedural Guidelines; and
WHEREAS, on January 13, 2009, (Resolution 2009-1-016) the Board of Directors approved a resolution of intention which authorizes the reimbursement of expenditures, including such incurred pursuant to the establishment of the Measure WW Local Grant program, from future bond proceeds, and
WHEREAS, the District received seven (7) project applications from local agencies prior to the March 31, 2017 application deadline; and
WHEREAS, staff has reviewed these applications and recommends the appropriation of $1,452,722.71to fund seven (7) of these projects and recommends budget increases for three (3) projects valued at $878,353.00 in 2017 Measure WW Local Grant Funds; and
WHEREAS, local agencies have completed twenty-seven (27) Measure WW Local Grant Program project;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby:
1. Appropriates $2,331,075.71 for Measure WW, grants to other agencies, in various project budgets as described in Attachment 1, bring the total appropriation of Measure WW Local Grant funds to $119,095,546; and
2. Formally closes twenty-seven (27) Measure WW Local Grant Program projects as described in Attachment 2; and
3. Authorizes the adjustment of budgets and transfer of funds between WW Local Grant projects accounts within the total amount granted each agency and within the
145 total appropriation authorized by this resolution, without additional approval from this Board; and
BE IT FURTHER RESOLVED that the General Manager is hereby authorized and directed on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary to accomplish the intentions of this resolution.
Moved by Director , seconded by Director , and adopted this 16th day of May, 2017, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
146 Attachment 1
AB CDEFG 1 2017 Applications Recommended to continue in the Approval Process Fund Project 2 Agency Project Name Project # Source Amount John Hinkel (Lower) Park 3 Berkeley Improvements 310218 WL02 $747,410.00 California Nursery Historical Park President's House 4 Fremont Renovation 310516 WL05 $300,000.00
California Nursery Historical Park Irrigation Well and 5 Fremont Pump Replacement 310517 WL05 $90,001.00 East Avenue Park ADA 6 HARD Restroom 311231 WL12 $100,000.00 Hayward Community 7 HARD Gardens Renovation 311232 WL12 $3,490.53 8 Lafayette Deer Hill Community park 312104 WL21 $149,600.30 Boone Acres Park 9 San Ramon Playground Renovation 313114 WL31 $62,220.88 10 Sub-total $1,452,722.71 11 12 2017 Budget Increase Fund Current Budget 13 Agency Project Name Project # Source Amount Increase New Amount Strawberry Creek Park 14 Berkeley Court Renovation 310214 WL02 $439,958.00 $66,353.00 $506,311.00 Meek Park Parking Lot Expansion and ADA 15 HARD Upgrades 311226 WL12 $688,000.00 $312,000.00 $1,000,000.00 Oakland California Trail Project Phase 16 Zoo 2 - Gondola System 314606 WL46 $3,243,807.00 $500,000.00 $3,743,807.00 17 Sub-total $878,353.00 18 Total 19 Appropriation $2,331,075.71
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148 Attachment 2
AB CDE 1 2017 Measure WW Local Grant - Project Closures Fund 2 Agency Project Name Project # Source Project Amount John Hinkel Park Amphitheater Area Renovation 3 Berkeley (Project Cancelled) 310210 WL02 $0.00 The Circle and Fountain Walk Renovation (Project 4 Berkeley Cancelled) 310216 WL02 $0.00 Concord Community Pool Mechanical Equipment 5 Concord Replacement 311704 WL17 $230,033.00
6 Concord Replace Electrical Pull Boxes at Several City Parks 311717 WL17 $150,000.00 7 Concord ADA Barrier Removal at Baldwin Park 311718 WL17 $30,437.09 8 Emeryville Joseph Emery Park Skate Spot 310402 WL04 $444,572.00 9 Fremont Central Park Turf & Poplar Renovation 310507 WL05 $721,999.00 Central Park Softball Fields 1 & 2 Turf Renovation 10 Fremont (Project Cancelled) 310509 WL05 $0.00 11 HARD San Felipe Center HVAC 311221 WL12 $151,500.00
12 HARD Adobe Art Center Lighting and Security Upgrade 311227 WL12 $25,860.61 13 Lafayette Manzanita Building 312103 WL21 $241,251.00 14 Oakland Central Reservoir 310705 WL07 $350,800.00 15 Oakland Morcom Rose Garden 310710 WL07 $1,573,859.60 16 Oakland Owen Jones Field Improvement 310711 WL07 $953,685.60 17 Oakland Poplar and Brookdale Field Improvements 310712 WL07 $732,558.34 18 Oakland Peralta Hacienda de Anza Trail Project 310715 WL07 $239,979.06 19 Oakland Josie de la Cruz Park Improvement 310723 WL07 $180,000.00 De Fremery House/Recreation Center 20 Oakland Improvement 310727 WL07 $101,172.00 21 Orinda Pine Grove Park 312501 WL25 $652,954.80 22 Pinole Pinole Valley Tennis Courts Renovation 312602 WL26 $73,246.73 23 Pinole Swim Center ADA Compliant Permanent Lifts 312607 WL26 $15,000.00 Bay Trail Gap Closure between Ferry Point and 24 Richmond Kaiser Shipyard #3 312901 WL29 $295,392.53 25 Richmond Shields-Reid Park Renovation 312914 WL29 $607,491.47 San 26 Leandro Stenzel Bleacher Replacement 311006 WL10 $96,000.00 27 San Pablo Rumrill Sports Park 313002 WL30 $425,538.00
28 San Ramon Installation of Shade Structure - Bark and Ride 313112 WL31 $18,928.48 Installation of Shade Structure - San Ramon Sports 29 San Ramon Park and Central Park 313113 WL31 $61,789.69 30 31 $8,374,049.00
149 BOARD AND STAFF REPORTS AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 16, 2017
C. BUSINESS BEFORE THE BOARD
4. BOARD AND STAFF REPORTS
a. Actions Taken By Other Jurisdictions Affecting the Park District (Doyle)
Antioch City Council – Habitat Conservation Plan
On April 25, 2017, the Antioch City Council voted 5-0 to adopt a grant agreement between the City of Antioch and the California Department of Fish and Wildlife to develop a Habitat Conservation Plan (HCP). The city will enter into contract with consulting group, ICF, to develop a joint Habitat Conservation Plan and a Natural Community Conservation Plan (NCCP). Both plans have similar purposes and are used to implement the California Endangered Species Act and the federal Endangered Species Act. The city of Antioch elected not to participate in the 2008 East Contra Costa County HCP/NCCP. Under the current proposal the Antioch HCP/NCCP would function very similarly to the East Contra Costa HCP/NCCP with regard to content and mitigation strategies. The East Contra Costa County Habitat Conservancy would administer the plan, and fees would likely be combined for local acquisition. The Park District has been an active partner with the East Contra Costa County Habitat Conservancy since 2008, with the majority of parkland acquisitions in eastern Contra Costa County funded in part by the Habitat Conservancy. The implementation of an HCP/NCCP for Antioch will allow for further protection of important natural resource areas within the city and create more cohesive habitat corridors with the surrounding municipalities currently participating in the East Contra Costa County HCP/NCCP. The Park District is currently monitoring a number of projects in Antioch, including in the Sand Creek Focus Area adjacent to Black Diamond Mines and Deer Valley Regional Preserves.
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152 Event Calendar May-June 2017 Board Meeting Date: May 16, 2017
Date Day Time Event Location Sponsoring Organization Ardenwood, Coyote Memorial Day Open Hills, Crab Cove, 5/29/17 Monday Varies House/Free Entry Tilden Nature Area EBRPD HPHP Walk/ Multicultural 6/3/17 Saturday 9 a.m. – 12:30 p.m. Wellness Walk Ardenwood EBRPD
153 6/4/17 Sunday 10 a.m. – 3:30 p.m. Butterfly & Bird Festival Coyote Hills EBRPD
6/9/17 Friday 5:30 – 7:30 p.m. Concert at the Cove Crab Cove EBRPD Bayview Women’s Club, EBRPD, Alameda Youth Sand Castle & Committee & Alameda 6/10/17 Saturday 9:00 a.m. – 1 p.m. Sculpture Contest Crown Beach Rec. & Park Dept.
June 11,18, 25 Sundays 1 – 3 p.m. Historic Hay Harvest Ardenwood EBRPD GM COMMENTS AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 16, 2017
C. BUSINESS BEFORE THE BOARD
5. GENERAL MANAGER’S COMMENTS
STAFF PRESENTATION Principal Planner Brian Holt will provide an update on the East Bay Gateway Regional Shoreline and the Public Benefit Conveyance at the former Oakland Army Base.
GM COMMENTS From April 1, 2017 to April 30, 2017 the Public Safety Division handled 744 service calls and 872 total incidents. Highlights are included below.
Police There were 20 arrests made throughout the District for a variety of felony and misdemeanor offenses, including DUI, weapons possession, drug possession, violation of court restraining orders, disorderly conduct, public intoxication, and indecent exposure. Officers handled 163 field interviews (contacts without citations or arrests) and contacted 14 people on probation or parole to conduct compliance checks.
On April 20, Public Safety went live with the new RIMS Computer Aided Dispatch system. This was a crucial change with months of preparation which included staff meeting with the company and working on behind the scenes input of data to ensure everything transferred from the old system. Citations are currently being hand entered and staff will have an accurate count next month.
Anthony Chabot: On April 22, a vehicle was stolen from the staging area. Benicia Police located the vehicle later in the day.
Bay Point: On April 4, officers took a report of vandalism; a suspect attempted to set the restroom on fire.
Contra Loma: On April 14, an officer arrested a male for public intoxication and a curfew violation.
Contra Loma: On April 21, an officer responded a report of an assault on park staff. After a brief interview, the suspect was taken to the hospital for a psychiatric evaluation.
155 Crockett Hills: On April 22, officers took a report of a subject loitering at the residence.
Garin: On April 24, an arrest was made for possession of a controlled substance and drug paraphernalia.
Lake Chabot: On April 18, officers responded to a report of a male with a rope and bucket. He was transported to the hospital for a psychiatric evaluation
Martin Luther King Jr.: On April 3, an officer arrested a male for an outstanding warrant and a female for possession of a controlled substance.
On April 4, an officer took a report of criminal threats made by a male against a woman who was walking her dogs.
On April 16, a sergeant arrested a male for public intoxication.
Miller Knox: On April 27, an officer took a report of graffiti on the restroom doors.
Mission Peak: On April 8, an officer searched for and located two lost hikers.
Out of Park in Oakland: On April 10, Eagle 7 assisted Oakland Police in the search and arrest of a carjacking suspect.
Point Pinole: On April 3, an officer arrested a male for an outstanding warrant and possession of drug paraphernalia.
Sunol: On April 22, several officers searched for a lost hiker. After an extensive search and no medical attention needed, the hiker was reunited with a group of friends.
Temescal: On April 21, an officer located a stolen vehicle out of Oakland.
Tilden: On April 26, a juvenile was transported to the hospital by ambulance for being under the influence of alcohol.
Fire Operations
Fire Response Botanic Garden: On April 5, firefighters responded to a report of a child locked in a vehicle. Personnel were able to unlock the vehicle and remove the child who was not in need of medical assistance.
Briones: On April 4, firefighters assisted in a search and rescue for a missing individual. The individual was located uninjured.
156 Canyon: On April 24, District Fire Chiefs attended a public meeting, organized by Moraga- Orinda Fire Department to address community concerns regarding reduced emergency services access due to a major bridge washout.
Fire Station 2: On April 22, firefighters began weekend staffing to provide more timely emergency service to Anthony Chabot campgrounds in response to increased visitation and campership. A road closure due to a roadway collapse on Redwood Road precludes normal access from Castro Valley.
Tilden: On April 6, District Firefighters responded to a tree blocking South Park Drive. Fire personnel removed the tree and reopened the road.
Trudeau Training Center: On April 20, Fire Chief John Swanson and Stewardship Chief Matt Graul provided a presentation on the District’s Wildfire Hazard Reduction and Resource Management Plan at an Oakland Wildfire Prevention District meeting.
Training Fire Station 1: On April 12, firefighters participated in annual physical agility testing.
Tilden: On April 24, District fire personnel and Moraga-Orinda fire personnel participated in a two-day chainsaw training. Instruction was provided by District personnel.
Medical/Accident/Injury District firefighters responded to one personal injury, one bicycle accident, and one medical emergency throughout the District. Fire personnel also assisted at the scene of one vehicle accident not on District property.
Fire Fuels Management Briones: District fire crews completed the fuel reduction expansion near the park office. All debris piles have been burned.
Tilden: District fire crews continued fuel reduction along Nimitz Way, south side of treatment area TI001. The Cal Fire Delta crew assisted on one of the days.
District fire crews continued fuel reduction in treatment area TI004 along Wildcat Canyon Road.
PG&E approved funding for the Wildcat Canyon WC005 Fuels Reduction Project proposal through a $75,000 grant awarded to East Bay Regional Park District and the Regional Parks Foundation. PG&E is partnering with fire safe councils, fire agencies, and landowners in funding planned fuel-reduction projects to address extreme fire hazards created by five years of drought and bark beetle infestation.
157 Lifeguard Service Testing for the remainder of new seasonal lifeguards was completed. Fifty one applicants passed and/or met the minimum qualifications. Forty three new lifeguards accepted job offers to participate in the eight day Lifeguard Academy.
In April, staff partnered with the Regional Parks Foundation and Hayward Area Recreation and Park District (HARD) to offer five adult swimming lesson sessions to the Hayward community.
On April 5, staff hosted a pre-season planning meeting with Park Operations to discuss water quality, programs, preparations, and operations.
On April 7, staff partnered with the Hilltop YMCA in Richmond to provide water safety education for approximately sixty children and their families.
On April 21, staff hosted a water safety booth at the 4th annual Cherryland Elementary School Health and Safety Fair in Hayward. The event was attended by approximately 800 students with their families. Staff provided lifejacket and water safety presentations.
From April 22 through April 23, staff partnered with the Boy Scouts of America to offer a swimming merit badge program at Roberts pool. The program included 80 participants.
On April 26, the application period ended for the Aquatic Assistant position. Staff will work with Human Resources on the hiring process with the goal of filling the vacancy in the early summer months.
On April 29, the 2017 swim season officially began. During the early part of the season, lifeguard staff will be provided on weekends only at: Contra Loma, Cull Canyon, Del Valle (East and West beach), Lake Anza, Lake Temescal, Roberts Pool, and Shadow Cliffs. Quarry Lakes remains closed for swimming due to toxic blue/green algae. Castle Rock and Don Castro are scheduled to open Memorial Day weekend.
On April 30, staff worked with Public Safety communications staff and the volunteer coordinator to provide training for the Volunteer Trail Safety Patrol on the District’s radio system and radio use.
158 BOARD COMMITTEE REPORTS AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 16, 2017
C. BUSINESS BEFORE THE BOARD
7. BOARD COMMITTEE REPORTS
a. Operations (Thursday, February 23, 2017) (Waespi) Present
Board: Directors Dennis Waespi (Chair), Ellen Corbett, Dee Rosario
Staff: Jim O’Connor, Ira Bletz, Renee Patterson, Nancy Krebs, Noah Dort, Sean Dougan, Kelly Barrington, Anne Kassebaum, Terry Noonan, Steve Castile, Mimi Waluch, Tamie Andrews, Denise Valentine
Guests: Stan Wong, Steve Jacobson, Randal Dutra
Agenda Item 1: Update Bicycle Loop Brochures: District-wide
Trails Development Program Manager Sean Dougan presented the Northern and Southern Region Bicycle Loop brochures to the Committee. The project was developed in 2015 with District Park Supervisors, Unit Managers, and local bicycle advocates, to identify and designate bicycle loop trails within 16 Regional Parks. Each loop identified in the brochure is presently open to bicycles.
Dougan shared with the Committee the process which began with requesting recommendations for popular bicycle trails from District Park Supervisors and the biking community. Through feedback received, the bicycle loops were then identified. A PowerPoint presentation provided a detailed overview of the brochure that was provided.
Director Rosario commented that the longer route located in Redwood Regional Park would be the Eastridge/Westridge and inquired if it would be included as a route. Dougan replied yes, the route is a recommendation.
Rosario inquired if yield signs are still a beneficial use for the District. Dougan responded he has not received any feedback on confusion of the signs. The next step is to define appropriate signage for the routes.
Director Corbett inquired if the signage compliments the brochures and suggested it might be helpful to explain the signage in the brochure, such as the definition of the triangle. Dougan replied the QR codes will direct the public to a website where other optional bike loops are located. All the loops included and those that could not be included in the brochure are on the District website.
160 Director Waespi inquired if any of the designated loops will be on single track trails. Dougan replied no. Waespi suggested including trail etiquette in the brochure and inquired if there was thought given to leaving out the trails that cyclists are not allowed on. Dougan replied it would have been difficult, with all the data included on the brochure.
Corbett inquired on where the brochures will be located. Dougan stated they will consult with the Public Affairs Department on which locations to distribute the brochure. Corbett suggested some should be distributed to partners such as Recreational Equipment Inc. (REI).
Agenda Item 2: Update Blacksmith Concession Requests for Proposals Results with Recommendation: Ardenwood Historic Farm
Regional Services Manager Ira Bletz provided a PowerPoint presentation overview on the history of the Blacksmith Concession at Ardenwood Historic Farm and the need for a Blacksmith at the Concession in the park.
Administrative Analyst Renee Patterson stated that a Request for Proposal (RFP) for the blacksmith concession was advertised to the public in March 2015, with a payment of up to $15,000 per year. The RFP was advertised in local papers as well as a blacksmithing association website. No proposals were received and the RFP was released for the second time in July 2015 with the same result. It was decided at the time that staff would request an increase in budget funds in 2017 for the payment to the concessionaire of up to $30,000 per year and release the RFP for the third time in September 2016. Staff also contacted ten local stables to help advertise the RFP as well as the blacksmithing association website. As of January 2017, no experienced blacksmiths have made inquiries.
As a result of the non-responsive RFP process, staff’s new approach is to recommend entering into contract with experienced blacksmiths as needed, for Ardenwood Special Event days. The District shall compensate the blacksmithing contractor/s for blacksmithing services performed not to exceed $20,000 the first year and $30,000 thereafter. With the remaining $10,000 budget for the first year, naturalist staff will have a static display created to describe blacksmithing and the history of blacksmithing during the Patterson family ownership period of Ardenwood. The Park District will not receive any concession fees.
Corbett inquired if other park agencies were contacted, who have Blacksmiths. Bletz replied yes and mentioned that a number of people who reside in the Sierra Foothills contacted Ardenwood regarding the position, but were not willing to come to the Bay Area for two days a week.
Rosario commented on the popularity of the operation. He inquired if staff has considered making this a permanent position. Bletz replied it was considered. O’Connor stated the annual challenge is parsing out the number of allotted positions provided to the division. This position does not reach the top of the list compared to other priority positions. It would be good to try the alternate solution of having a Blacksmith perform duties during special events.
Corbett inquired if staff could be trained to become a Blacksmith. Bletz indicated that some introductory Blacksmith training to staff was provided by retiree Dave Collins.
Waespi commented it would be good to look in house to fill the position.
161 Rosario moved to approve the staff recommendation to enter into contract with experienced blacksmiths as needed for Ardenwood Special Event days, if it is possible. The District shall compensate the blacksmithing contractor/s for blacksmithing services performed not to exceed $20,000 the first year and $30,000 thereafter. With the remaining $10,000 budget for the first year, naturalist staff will have a static display created to describe blacksmithing and the history of blacksmithing during the Patterson family ownership period of Ardenwood. The Park District will not receive any concession fees. Corbett seconded with the stipulation to include the other ideas mentioned regarding keeping a Blacksmith at the shop. The motion passed unanimously.
Agenda Item 3: Update Business Services Agreements: District-wide
Business Services Manager Mimi Waluch began by providing the Committee members a handout which covers the District’s current District-wide agreements for Concessions, Special Use, Communication Sites, Residence, and other agreements. Waluch reviewed the variety of contracts and agreements District-wide and defined concession and special uses. The District uses partnerships to manage and often develop unique facilities it does not choose to directly operate, thereby freeing up its own staff to concentrate on other critical park resources and public service opportunities.
Waluch provided a recap of the number of concession agreements, approved caterers, vending machine operations, special use agreements, communication site leases, and the annual revenue figures generated. Lastly, a brief overview was provided of the Concessionaire Maintenance Fund.
Waespi inquired if there was any opportunity for additional cell sites to be added. Waluch responded that AT&T has approached the District and both of the District golf courses would like connectivity.
Waespi inquired which concession produces the most revenue. Waluch replied Tilden Golf Course and Mud Puppy’s at Pt. Isabel.
Rosario inquired on the current rate of return to the District. O’Connor commented that a process was started last year at the request of former Director Sutter, who requested a revenue and expenditures recap of the District concessions. Staff created a thorough report and will be bringing an update of the report to the Committee in November.
Corbett inquired on the list of references and those that do not have possessory tax. Waluch explained the possessory tax relates to a private entity conducting business on District property. Most of the contracts have possessory tax. Rosario inquired if the tax would be applicable to professional dog walkers. O’Connor replied the tax is associated with land and would not apply.
Waespi inquired on the status of the Touchstone, LLC agreement. Waluch replied it is currently being reviewed by Touchstone’s legal department with an anticipated return date of a week. East Bay Municipal Utility District (EBMUD) has already reviewed the agreement.
Rosario inquired what the current term is for District residences. Waluch replied up to 9 years. In 2013 a policy change occurred. Initially the term was a 6-year agreement with no opportunity to return to the program. Now staff can resubmit for another term when an opening occurs, and go through the process again.
162 Agenda Item 3: Review Amendment for the Marina and Food Agreement: Lake Chabot Regional Park Administrative Analyst Renee Patterson provided an overview on the site location of the California Parks Company, dba as Urban Park Concession (UPC) and a brief history of the facility. At the March 20, 2008 meeting, the Board Operations Committee approved an agreement for (2) five-year terms with the first term ending on November 30, 2014.
On November 30, 2014, the extension of the Urban Parks Agreement for the second five-year period was denied by the District due to the terms and conditions contained in the Master Lease, the controlling document, between the District and East Bay Municipal Utility District (EBMUD) which was in negotiations at that time. Instead, the Agreement was placed in month to month Hold Over as allowed in the Urban Parks’ Agreement. The District agreed to execute an amendment for the Urban Parks’ agreement deferred term after the execution of a new lease between the District and EBMUD for Lake Chabot. The EBMUD lease was approved by the District’s Board of Directors on December 1, 2015 by resolution 2015-12-343.
In addition to the 5-year deferred term, staff would like to formally amend the agreement to include a monthly boat inspection fee paid to the concessionaire since 2009. District staff is also proposing to change the fee structure to align this agreement with other concession agreements being updated. The new structure simplifies fees paid to a single percent with no thresholds and a higher percentage of the fees paid deposited to the Concession Maintenance Fund (CMF) rather than Concession Fee revenue, thus allowing monies to be set aside as well as accumulate in the CMF for much needed maintenance and capital improvements.
Corbett inquired how business is doing due to the water level. Stan Wong, Operations Manager with UPC, commented that the water level is high, but it has not created a lot of damage. The visitors are happy with the water levels.
Rosario inquired if the fee for the Quagga Mussel inspection is adequate. Wong replied yes, and that not many inspections are conducted in the winter months.
Waespi inquired on the cost of the launch of a personal vessel. Wong replied $2 for a launch and $4 for an inspection fee. Transactions are handled at the kiosk. Waespi inquired on the status of the launch ramp. Wong commented that UPC accommodates those who come to launch their kayaks. Some like to launch from the concrete area and those who wish to launch from the dock, UPC assists in carrying their kayaks down to the marina to launch due to safety.
Park Supervisor Tamie Andrews commented that the launch ramp has a certain fluctuation level and generally it is removed in high water. Due to the quick rising of the water levels, staff was unable to remove the launch ramp this winter.
Corbett moved to approve the staff recommendation that the agreement with Urban Parks for the Lake Chabot food and marina concession at Lake Chabot Regional Park be amended to modify the agreement’s five-year term date for January 1, 2017 through December 31, 2021, a monthly fee of $750 per month for boat inspections, and change the fees paid from 3% for the concession fee and 3% for the concession maintenance fee to 2% of gross receipts for the concession fee and 4% of gross receipts for the concession maintenance fee. Rosario seconded. The motion passed unanimously.
163 Agenda Item 4: Open Forum for Public Comments Randal Dutra – resident from Castro Valley commented on his concerns for the Chabot Nike Base area. On February 2, 2017 an email was sent to the Board inquiring about the District’s plans or projects for the base. A response has yet to be received. Corbett replied it is her understanding that the response is being worked on by staff.
Steve Jacobsen – resident of Castro Valley and Marshall of the Redwood Canyon Golf Course commented on the bad condition that the golf course and inquired on how long the estimated recovery and repair plan will take. In addition, he inquired if a preventative plan might be put into place to work with East Bay Municipal District (EBMUD) to limit the damage of rain storms. O’Connor responded that the golf course has had regular flooding on the back 9 for many years due to debris and silt downstream of the golf course. The challenge this year was the upgrade work that EBMUD has been conducting on the dam, which restricted their ability to release water in a timely manner. A meeting is being set with District and EBMUD staff to discuss working more closely in the future, regarding releases. In reference to recovery efforts, as soon as there is an opportunity for the water to recede and dry out, staff will be able to access the damage and create a plan.
Agenda Item 5: AGM Comments O’Connor provided the following updates: Provided photos of the District Roads and Trails crews making repairs at Redwood Canyon Golf Course Del Valle has had flooding for the fifth time this season, which is the highest in history. The water level reached over 716 cubic feet per second. Photos were shared of the Oak Point restroom and the Marina concession. o Additional landslides have occurred this year. The waterline was moved towards the backside, so the current slides have not been affected. This will be a long and expensive repair. o There were water intrusions to the new restrooms near the Wild Turkey area. Tilden – Jewel Lake o Engineering staff reviewing the erosion that can lead to the dam. Provided update on the process with the District and Alameda County for their renewal of the Local Area Management Plan in relation to septic and sewer systems. Due to the Board Workshop, staff is requesting to move the Board Operations Committee meeting from April 27, 2017 to April 13, 2017. If a member is not able to attend, the alternate may fill in.
Agenda Item 6: Board Comments Rosario commended staff on the presentations provided at the meeting. Corbett commended staff for all the hard work performed due to the storms.
Director Waespi adjourned the meeting at 2:05 p.m.
Respectfully submitted: /s/ Denise Valentine Executive Secretary
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165 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 16, 2017
C. BUSINESS BEFORE THE BOARD
7. BOARD COMMITTEE REPORTS
b. Operations (Thursday, March 23, 2017) (Waespi) Present
Board: Directors Dee Rosario (Chair), Ellen Corbett, Beverly Lane (Alt)
Staff: Jim O’Connor, Renee Patterson, Noah Dort, Kelly Barrington, Anne Kassebaum, Ruby Tumber, Dan Cunning, Joe Miller, Dave Kendall, Alicia Gonzales
Absent: Director Dennis Waespi
Guests: Stan Wong, Steve Jacobson, Randal Dutra
Agenda Item 1: Review Amendment for the Vertical Bridge Telecom License Agreement: Briones Regional Park
Administrative Analyst Renee Patterson provided an overview of the agreement and recalled that the District and AM/FM Broadcasting Inc. /Clear Channel (“Clear Channel”) entered into a telecommunications license agreement ("License") dated November 1, 2007 and ending January 27, 2018, wherein the District granted Clear Channel a license to operate and maintain the telecommunications site in Briones Regional Park previously licensed by Comcast. Clear Channel was a sub-licensee of Comcast and already occupied the existing building.
The Clear Channel license was transferred to Vertical Bridge CC FM, LLC, a Delaware limited liability company (f/k/a iHeartmedia Tower Co. I, LLC) on November 29, 2011. Vertical Bridge notified the District its wishes to continue the agreement. Both the District and Vertical Bridge wish to extend the term of the License for an additional ten-year term. Staff is also recommending, at the request of Vertical Bridge, to reduce the inflation factor of the fee from 5 percent to 3 percent to align more closely with the Consumer Price Index.
As District staff have had no issues with the site or Vertical Bridge, staff recommended that the agreement with Vertical Bridge for a telecommunications License at Briones Regional Park be amended to modify the agreement’s effective date, January 28, 2018, for a ten-year term extension ending January 27, 2028, with a base License fee of $63,276 increasing 3 percent annually. The annual road maintenance fee of $1,200 will remain the same. All other terms and conditions of the Agreement dated November 1, 2007 remained in full force and effect and unmodified.
166 Director Corbett questioned whether the amount set aside for roads and maintenance accounts for potential road failure. Assistant General Manager for Operations Jim O’Connor responded that the current fee is for annual grading work. Corbett inquired if this should be included in the agreement. Chief of Maintenance and Skilled Trades Kelly Barrington commented in most cases, an annual fee is put into an account/budget where funds can be assessed as needed. Typically, road maintenance is not performed annually and the funds in the account accumulate.
Corbett questioned if the cost of increase in the CPI was taken into consideration for the ten-year agreement. Patterson replied the last ten years were reviewed by staff. The District has been receiving 5 percent and the CPI increase was 3 percent over the last ten years. Although the CPI is not expected to change, it could. The District is currently ahead in receiving 2 percent annually, compared to other site income outside of the District.
Park Supervisor Joe Miller provided an update on the conditions of the park in relation to the telecom site.
Corbett moved to approve the staff recommendation of the agreement with Vertical Bridge for a telecommunications License at Briones Regional Park be amended to modify the agreement’s effective date, January 28, 2018, for a ten-year term extension ending January 27, 2028, with a base License fee of $63,276 increasing 3 percent annually. The annual road maintenance fee of $1,200 will remain the same. All other terms and conditions of the Agreement dated November 1, 2007 shall remain in full force and effect and unmodified. Director Lane seconded. The motion passed unanimously.
Agenda Item 2: Update Operations Strategic Plan
O’Connor recalled that over the last five years, the District has undergone a significant expansion of land under management, while at the same time experiencing the most significant turnover of staff in the history of the District. These changes present significant challenges, but also provide an opportunity to re-examine our organizational structure and service delivery models to determine if there are new and/or more efficient ways of operating and maintaining the parks now and into the future.
Through a PowerPoint presentation, O’Connor and the Operations Management team provided a detailed overview of the strategic planning efforts developed over the last three years for the five division work units which include Park Operations, Interpretive and Recreation Services, Maintenance and Skilled Trades, Business Services, and Operations Administration.
Items reviewed for the Park Operations Department covered a recap on the history and growth of parks and acreage in the District, the proposed department reorganization, and staff strategies.
Corbett commented that the idea presented today looks like a great one with travel times being reduced and it appears the sectors are more regionally organized.
Items reviewed for the Maintenance and Skills Trades Department covered an overview of the department, the proposed reorganization, 3-5 Year Plan, new Small Trails Crew, and Management Information Systems.
167 Corbett commented on the idea of having a Small Trails Crew and inquired if there would be a volunteer component in the crew that would relate to Trails Program Manager Sean Dougan’s advance trail planning. Barrington replied it has been proposed that this crew will work directly with the Ivan Dickson volunteers in coordination with Dougan and trail development plans appropriate for this group.
O’Connor provided an overview of the Computerized Maintenance Management System and the Fleet Management System. Items covered included the current Cartegraph CMMS system used for work order management and tracking, and the Square Rigger Program used for fuel use tracking.
Rosario inquired if some of the outlying service yards with fuel stations such as Anthony Chabot will be added to the Square Rigger Program. Barrington replied they will. Currently those stations are being automated for better record keeping and to determine better fleet MPG.
Items reviewed for the Business Services Department covered an overview of the department and staff, the Park Residence Program and the Point of Sale (POS) transition from the DRR system to POS.
Corbett inquired if there was an idea of what percentage of sales are paid for in cash, credit/debit, and if the District should model a non-cash policy. Waluch replied the issue with switching to non-cash is connectivity. Without connectivity at some of the sites, you cannot swipe the credit/debit cards and perform the transaction to collect the fees.
Referring to the Park Residence Program, Director Lane requested an explanation on the differences between employee, concession, and caretaker. Waluch explained that caretakers are located at Vasco Caves, Brooks Island, Big Break, and other sites where an acquisition occurred, and the people residing at the site can remain at their residence until a determined period of time. Concessions include places such as the stables such as Las Trampas, Anthony Chabot, Skyline, and the Merry-Go-Round. Employee residences are traditional within the District. Some of these locations include Cull Canyon, Tilden, and Anthony Chabot. Lane inquired on the expectation of the staff residing at the residences. Waluch replied the park resident(s) should be available overnight, are responsible for opening and closing of gates, and should be available before and after park hours. Lane inquired how many emergency situations do the residences encounter. Waluch replied that an analysis can be completed. Most residents are called upon 3-5 times a month to respond to a member of the public. It also depends on the location of the park residence.
Items reviewing for the Interpretive and Recreation Services Department covered an overview of the department Mission Statement, Interpretive Sectors, Facility and Visitor Center Strategic Planning, Program Planning-Foundation Documents, Professional Development and Youth Development.
Lane questioned if a land use plan is included when referencing the foundation documents. Chief of Interpretive & Recreation Services Anne Kassebaum replied affirmatively. Staff has been reviewing land use plans, determining why and when it was created, and what the opportunities were. Lane inquired on where the interpretive themes come from. Kassebaum replied the themes are created from the resources available in the park.
Corbett commented it would be good to see the percentages of schools in what Districts are being served, and determine if we are hitting the mark for bringing students from the under-served areas into the park.
168 Corbett inquired what other subjects will be part of the Youth Academy. Kassebaum replied staff would like to expose the youth to career opportunities available at the District and in the field of parks and recreation. Staff also works with the youth on interviewing skills, leadership development, decision making will be the framework for the academy.
Corbett commented that it would be good for the location of the job fairs to be easily accessible or potentially have a job fair at a school. Kassebaum commented that the District has provided bus transportation from the Oakland BART station before, which was successful.
Agenda Item 3: Review Martinez Sportsmen Club License Agreement Amendment: Radke Martinez Regional Shoreline
Administrative Analyst Renee Patterson provided a brief overview of the club and agreement through a PowerPoint presentation.
Patterson recalled the Martinez Sportsmen Club is a 90-year-old hunting and fishing club that began as the Martinez Bass Club. The club’s first Special Use license agreement with the District was approved by the Board in 1981 for twenty-five-years in 5-year term increments ending in 2006. The club’s second agreement was approved in 2007 and will expire on April 16, 2017. The original annual fee of $100 was increased to $1,200 annually in 2007.
District staff has found the club’s members easy to work with and responsible, staff would like to formally amend the agreement to extend the current agreement for ten years in term increments of five years. The club will continue to pay $1,200 annually.
Patterson closed by introducing club members Dan Pellerin, Bob Hatch, Linda Cunha, Manuel Cunha and Mel Carone.
Rosario inquired what happens if the building needs a new roof. Patterson replied the club would be responsible to repair it.
Linda Cunha shared with the Committee that each year the club donates a scholarship to an Alhambra High School graduating senior of $1000.
Corbett moved to approve the staff recommendation for the agreement with Martinez Sportsmen Club at Radke Martinez Regional Shoreline be amended to modify the agreement’s term end date for another ten years to April 16, 2027, as well as correct terminology in the first paragraph of the agreement from “use of a building” to “use of Licensee’s building.” All other terms and conditions of the Agreement dated April 17, 2007 shall remain in full force and effect and unmodified. Lane seconded. The motion passed unanimously.
Agenda Item 4: Review Martinez Homing Pigeon Club License Agreement Amendment: Radke Martinez Regional Shoreline
Administrative Analyst Renee Patterson provided a brief overview of the club and agreement through a PowerPoint presentation.
169 The Martinez Homing Pigeon Club was established in 1927 and is centered on pigeon racing activities. The club’s first Special Use License agreement with the District was approved by the Board in 1981 for twenty-five-years in 5-year term increments ending in 2006. The club’s second agreement was approved in 2007 and will expire on April 16, 2017. The original annual fee of $100 was increased to $1,200 annually in 2007.
District staff has found the club’s members reasonable and easy to work with, staff would like to formally amend the agreement to extend the current agreement for ten years in term increments of five years. The club will continue to pay $1,200 annually.
Patterson closed by introducing club member Manuel Diaz.
Rosario inquired on where the pigeons are housed. Diaz replied each owner has a loft in their backyard.
Rosario inquired on the number of participants in the club. Diaz replied there are 35 members with some fluctuation.
Lane inquired if the pigeons race on the Martinez Shoreline. Diaz replied no. The Bay Cities Combine owns a trailer that is used to transport the pigeons to the Sierra Nevada to release them for scheduled races.
Lane moved to approve the staff recommendation for the agreement with Martinez Homing Pigeon Club at Radke Martinez Regional Shoreline be amended to modify the agreement’s term end date for another ten years to April 16, 2027, as well as correct terminology in the first paragraph of the agreement from “use of a building” to “use of Licensee’s building.” All other terms and conditions of the Agreement dated April 17, 2007 shall remain in full force and effect and unmodified. Corbett seconded. The motion passed unanimously.
Agenda Item 5: Open Forum for Public Comments
There were no public comments.
Agenda Item 6: AGM Comments O’Connor provided the following updates: Del Valle – staff are working diligently to reopen the park. Slides have occurred near homes in the area, which are being addressed. Introduced Ruby Tumber the “acting” Management Analyst
Agenda Item 7: Board Comments
Rosario commended staff in dealing with the storms and the damage caused
Director Rosario adjourned the meeting at 2:25 p.m.
Respectfully submitted: /s/ Denise Valentine Executive Secretary
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171 AGENDA REGULAR MEETINGS BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 16, 2017
C. BUSINESS BEFORE THE BOARD
7. BOARD COMMITTEE REPORTS
c. Board Legislative Committee (4.14.17) (Corbett)
Present
Board: Ellen Corbett (Chair), Dennis Waespi, Colin Coffey
Staff: Ana Alvarez, Erich Pfuehler, Bob Nisbet, Jeff Rasmussen, Mona Koh, Rachel Sater, Xiaoning Huang
Consultants: Doug Houston, Houston Magnani & Associates
Public: None.
This meeting was called to order at 12:35 pm.
I. STATE LEGISLATION / ISSUES A. NEW LEGISLATION 1. AB 898 (Frazier D-Discovery Bay) – Redirection of $10.5 million East Bay Regional Park District General Fund Dollars Legislative Advocate Doug Houston discussed AB 898 introduced by Assembly Member Jim Frazier to redirect up to $10.5 million from the East Bay Regional Park District to help underwrite a fire district in East Contra Costa County serving Brentwood, Oakley, Discovery Bay, Knightsen and the Bethel Island area. This is an unusual bill with a far reaching precedent that could affect all entities, not just Special Districts. By redirecting property taxes from one agency to another, legislators would set the precedent of playing favorites among local governments. Board Director Dennis Waespi asked what the Board Members can do to help defeat the bill. Houston highlighted the committees’ which would need to hear the bill. He recommended the District and Board Members contact members of those committees to express opposition. Government Affairs Manager Erich Pfuehler shared District Staff will be meeting Assembly Members in Sacramento all day Monday. Board Director Colin Coffey asked if District Counsel has come to any conclusions about the bill they can share with the Board. Deputy General Manager Ana Alvarez replied not at this time, but it is being reviewed. Board Director Ellen Corbett asked about the potential to refer the bill to the Revenue and Taxation Committee. Houston said this has not yet been explored.
The Board Legislative Committee voted unanimously to OPPOSE.
172 2. AB 899 (Frazier D-Discovery Bay) – Contra Costa County Election to Reallocate Property Tax Revenue Houston shared AB 899 is in relation to AB 898. It’s currently a spot bill which states the intent of the Legislature to enact legislation to provide for an election in Contra Costa County for the purpose of reallocating property tax revenues for fire protection services. The proposal is not entirely clear whether this is would be an election to reallocate all property tax revenue in the county or if the election could be targeted specifically to reallocate Park District property tax revenue to East Contra Costa Fire Protection District. At this time, this bill is not set for hearing.
The Board Legislative Committee voted unanimously to OPPOSE.
3. AB 733 (Berman D-Palo Alto) – Infrastructure Financing Districts to Adapt to Sea Level Rise Houston explained this would authorize the use of enhanced infrastructure financing districts to help local governments fund projects related to adapting to sea level rise throughout the state. Pfuehler shared this would be something worth looking at for the Alameda Naval Air Station and Gateway Shoreline, given the partners and different jurisdictions overlapping for both projects as well as their proximity to the Bay.
The Board Legislative Committee voted unanimously to SUPPORT.
4. AB 907 (Garcia D-Coachella) – Office of Outdoor Recreation and Public Lands Enhancement Houston discussed his efforts to recruit the outdoor industry to engage in legislative matters. After preliminary discussions, California Outdoor Recreation Partnership, an informal organization, was launched. The outdoor recreation industry is slowly becoming more engaged. Assembly Member Garcia’s bill would create the Department of Outdoor Recreation and Public Lands Development within the Governor’s office of Business Development. This office would promote opportunities for both job and economic development within the outdoor recreation sector of the state’s economy. Additionally, it would foster connections and communications between government agencies that manage natural resources for outdoor recreation and promote their sustainable use. This office is, by design, trying to help not just the industry, but also to get more people outdoors. There are three other such offices in the U.S. – Utah, Washington and Colorado. They are beneficial in assisting the outdoor industry and supporting recreation. The organizers of the partnership are in the process of forming an advisory committee. The Park District is viewed as one of the potential members. Director Corbett commented this is a good all-around idea. Pfuehler noted there are a number of outdoor industry companies located in the East Bay.
The Board Legislative Committee voted unanimously to SUPPORT.
1. AB 1083 (Burke D-Inglewood) – Electric Vehicle Charging Stations in State Parks and Beaches Houston shared Assembly Member Burke’s legislation calls for a “robust” electric vehicle charging network at all state parks and beaches by December 31, 2018. This legislation is consistent with recommendations made by Parks Forward to modernize and contemporize services offered at and by state parks. Pfuehler added this is part of a series of bills Assembly Member Burke is carrying. This bill has the most specific nexus with the Park District. Director Corbett requested we watch language in regard to the cost of the energy source.
173 The Board Legislative Committee voted unanimously to SUPPORT.
6. AB 1630 (Bloom D-Santa Monica) – Wildlife Connectivity and Transportation Projects Houston shared transportation infrastructure, and roads in particular, are a major contributor to habitat fragmentation because they can divide large landscapes into smaller patches and convert interior habitat into edge habitat. A working group in Sacramento is looking at legislation, including the park bond, to promote habitat connectivity to allow for proper migration patterns. These connections will be increasingly important as we see climate change hit California. This bill is looking to urge CalTrans, when receiving federal or state funding for projects, to incorporate design features which promote wildlife connectivity. Director Corbett asked about the streamlining of the permitting process for wildlife crossing projects as referenced in the bill. Houston responded this is being watched by The Nature Conservancy and others who are sensitive to how far reaching CEQA exemptions can go. Pfuehler acknowledged this is similar to discussions the San Francisco Bay Restoration Authority is having about streamlining permits to move projects in the Bay more quickly. Director Waespi asked about the number of wildlife crossing projects in California. Houston responded they are increasing annually, especially with new construction coming forward. Pfuehler added this legislation requires the consideration of habitats when transportation projects are designed.
The Board Legislative Committee voted unanimously to SUPPORT.
7. SB 262 (Wieckowski D-Fremont) – Climate Adaptation Advisory Council Pfuehler shared a bill was enacted a few years back which requires different agencies throughout the state to coordinate on adaptation strategies so as to avoid duplicative efforts. Houston added this bill would create an advisory council to discuss how to move forward with coordinating climate adaption actions. Deputy General Manager Alvarez shared it is important for parks to be highlighted as a solution to climate change. Pfuehler acknowledged it would be important to have a park agency on the advisory council. While the District could qualify under a number of categories included in the bill, it could be helpful to have a separate category for “parks and open space.” The Park District is seeking to add this category.
The Board Legislative Committee voted unanimously to SUPPORT.
8. SB 424 (Allen D-Santa Monica) – The California Regional Environmental Education Community Network Houston said this bill establishes the California Regional Environmental Education Community Network to facilitate the implementation of high quality environmental literacy in California public schools. It appropriates $4.5 million for grants to local educational agencies and to community-based environmental education providers. The premise of this bill is to eliminate the gap in learning about environmental education between varying demographics in California.
The Board Legislative Committee voted unanimously to SUPPORT.
B. ISSUES 1. Park Bond Update Houston shared the diligent work to expedite AB 18 through the legislature. With a successful 2/3rds vote in the Assembly, the bill has been sent to the Senate. SB 5 has not moved as quickly. At this time, AB 18 will be held in rules until SB 5 can advance. Positive conversations with stakeholders have occurred in trying to modify SB 5’s content to better align with AB 18 regarding park funding.
174 Eventually, a fusion of the two bills is likely. A good source has shared with Houston the topic has been broached with the Governor and he is open to a discussion about such a bond.
2. Transportation Package Update Houston discussed the recent passage of a $52 billion transportation package, $5.2 billion annually, primarily financed by new gas and diesel taxes. This package includes about $34 million toward road repairs and an additional $7 billion toward mass transit projects. In addition, the Active Transportation Program will receive a $100 million annual increase in expenditures. This has the potential to help the Park District’s commuter trails. To reduce vehicle miles traveled, $25 million is budgeted annually for planning to meet the objectives of SB 375. There will now be $75-80 million annually in revenues for state parks to assist in working on the deferred maintenance. Advanced mitigation, similar to the Environmental Enhancement Mitigation Program, will receive $30 million. Pfuehler added the Park District has been actively involved in a regional advanced mitigation effort for the East Bay.
3. Other Issues – N/A
II. FEDERAL LEGISLATION / ISSUES A. NEW LEGISLATION a. H.R. 1233 (McNerney D-CA) – Emergency Flood Response Act Pfuehler remarked this legislation is a response to the recent flooding. Representative McNerney is seeking to create a pilot program administered by FEMA for flood protection and prevention, primarily targetting levee repair, restoration and maintenance. The Hayward Shoreline would be a natural pilot project. Pfuehler recommended support for this program. The current definition in the bill of an “eligible entity” is a “State local levee maintaining agency or unit of local government which is responsible for emergency flood response efforts, and maintains and operates a flood emergency fund.” Given it is not clear if the District would be eligible, it would be appropriate to reach out to the sponsor’s office to ensure the District could qualify to apply for a pilot grant. This program seems to have merit in Congress, but the Administration’s budget proposal reduces FEMA’s pre-disaster mitigation budget.
The Board Legislative Committee voted unanimously to SUPPORT.
2. S. 729 (Harris D-CA) and H.R. 1719 (DeSaulnier D-CA) – John Muir National Historic Site Pfuehler recognized the need for Congressional approval to expand John Muir National Historic Site by 44 acres. Identical legislation has passed the House in earlier Congresses, but not the Senate. This bill does not have funding attached to it – it is simply approving the effort. Director Coffey asked why there is opposition when there are no costs. Pfuehler replied it could be a partisan issue.
The Board Legislative Committee voted unanimously to SUPPORT.
3. S. 731 (Feinstein D-CA) and H.R. 1738 (Garamendi D-CA) – Sacramento-San Joaquin Delta National Heritage Area Pfuehler explained S. 731 would establish a National Heritage Area for the Delta. A small amount of funding is included with this designation, but it is primarily an interpretive program and would give the Delta region a sense of place.
The Board Legislative Committee voted unanimously to SUPPORT.
B. ISSUES
175 1. Other Issues – N/A
III. ARTICLES – No discussion.
IV. OPEN FORUM PUBLIC COMMENT
V. BOARD COMMENTS Director Waespi stated the Alameda County Special Districts Association (ACSDA) has written a letter of opposition on AB 898 and asked if the Contra Costa County Special Districts Association (CCCSDA) has done the same. Pfuehler shared Director Lane had a conversation with Betty Boatmun from the Contra Costa County Water District and the chair of CCCSDA. He needs to follow up with Director Lane about the specifics. In addition, because the East Contra Costa Fire Protection District is a member of CCCSDA, he is unsure if a position will be taken.
This meeting adjourned at 1:17 pm.
Respectfully Submitted:
Lisa Baldinger Legislative Assistant
176 Page Left Blank Intentionally
177 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 16, 2017
C. BUSINESS BEFORE THE BOARD
8. BOARD COMMITTEE REPORTS
d. Natural and Cultural Resources Committee (3/30/17) (Nisbet/Rosario)
Committee Members: Dee Rosario (C), Beverly Lane, Whitney Dotson
EBRPD Staff: Amanda Sanders, Anne Kassebaum, Becky Tuden, Beverly Ortiz, Bob Nisbet, Brenda Montano, Casey Brierley, Dave Riensche, Heather David, Jim O’Connor, Joe Sullivan, Joshua Porter, Kate Collins, Kelly Barrington, Matt Graul, Pam Beitz, Steve Castile
Guests: Ben Pittenger, Brian Pinomaki, Connie Chuba, Jane Kelly, Judi Bank, K.O., Marty Morrow, Mary McAllister, Patrick Alvarez, Pete Alexander, Richard Kaufmann, Susan JunFish, Tom Kelly, William Yragui
A meeting of the Board Natural and Cultural Resources Committee was held on Thursday, March 30, 2017, at Peralta Oaks Administration Headquarters, 2950 Peralta Oaks Court, Oakland, California. Director Dee Rosiaro called the meeting to order at 12:30 p.m. The following is a summary of the items discussed:
1. Western Snowy Plover (Charadrius alexandrinus nivosus) Nest Site Selection and Oyster Shell Enhancement (Riensche)
Wildlife Resource Analyst David “Doc Quack” Riensche reported that the Pacific Coast population of Western Snowy Plovers (Charadrius alexandrinus nivosus) is federally listed as “threatened” and is a California “Species of Special Concern.” To manage, increase population, and expand the distribution of these imperiled birds in the San Francisco Bay requires detailed knowledge about their nest site selection requirements. The study measured the percentage of crushed oyster shells, shell dimensions, number of shells, and total shell surface area for 24 nests of Western Snowy Plover that occurred at the Least Tern Colony in Hayward, California, from 2008 to 2016. Using pairwise t-tests, they compared these measurements to those obtained from 24 randomly chosen non-
178 nest sites with a greater percentage of crushed oyster shell substrate, more oyster shells, and a greater surface area of shells than paired random sites.
2. The Conservation of Jewel Lake’s Sacramento Perch (Porter)
Wildlife Resource Analyst Joshua Porter reported that the East Bay Regional Park District’s (EBRPD) Stewardship Department – Fisheries Unit has been cooperating with multiple agencies to preserve the unique strain of native Sacramento perch found in Jewel Lake. Sacramento Perch were rescued from Jewel Lake in 2014, relocated to multiple locations and now EBRPD is part of an effort to breed them in captivity and continue to monitor their success. The future of Sacramento perch depends on collaboration among State and local agencies, universities, non-profit organizations, private landowners and EBRPD, all of whom are working toward the goal of a statewide conservation program.
3. Curation of EBRPD Field Finds and Donations (Ortiz/Montano/Collins)
Cultural Services Coordinator Beverly Ortiz, Administrative Analyst II Brenda Montano, and Black Diamond Mines Supervising Naturalist Kate Collins reported on the District’s procedures for accessing, cataloguing, and archiving its field finds and donations.
Director Lane suggested speaking to the full Board about adding funds to the budget in hopes of resolving the storage issue.
Director Rosario committed to adding this topic to the priority list.
4. Future Agenda Items (Graul/Nisbet)
Assisant General Manager Bob Nisbet reported there would be a fifth meeting added in the month of September. Chief of Stewardship Matt Graul reported on the future agenda items for the rest of the year. May will include a presentation of the IPM Annual Report from 2016 and a presentation from Alameda County Mosquito Abatement District regarding mosquito problems. August will include an overview of Steelhead trout rescue efforts in Alameda Creek and Restoration of Artichoke Thistle in Wildcat Canyon. September will include Amphibian Monitoring in Alameda Creek and the Del Valle Food Web Study. November will include an overview of Blue Green Algae within District Lakes and the Monitoring of Monarch Habitat at Point Pinole.
Director Rosario asked to have the information from this meeting made available online.
179 Chief of Stewardship Matt Graul stated that while some information would not be allowed on the website due to copyright issues, we may be able to provide powerpoint presentations that include the findings by District staff.
Director Lane asked if it is possible for staff to state that we intend to post articles to the District website when the article includes research done within the District.
Chief of Stewardship Matt Graul suggested publishing white papers and said he would look into matter.
5. Public Comment (Rosario)
Parents for a Safer Environment Representative Susan JunFish provided a powerpoint presentation and reported on the use of pesticides within EBRPD.
Raptors are the Solution (RATS) Representative Jane Kelly provided a handout and presented on the use of rodenticides within EBRPD.
Raptors are the Solution (RATS) Representative Tom Kelly provided a handout and discussed use of rodenticides and solar within EBRPD.
Parents for a Safer Environment Representative K.O. provided a handout and reported on the use of pesticides within EBRPD.
Mary McAllister provided a handout and reported on the use of herbicide within EBRPD.
Mission Peak Conservancy Representative William Yragui reported on RDM (Residual Dry Matter) in regards to grazing at Mission Peak.
Sierra Club Activity Chair Representative William Yragui reported on bike use on trails within EBRPD.
Meeting adjourned at 3:17 p.m.
Meeting Minutes taken by: Heather David
180 NEWSCLIPS East Bay Regional Park District Announces Wildland Fire Season The East Bay Regional Park District is preparing for wildland fire season effective May 15 in its 120,000 acres of parklands. By Jamie Wilkins (Patch Staff) - May 8, 2017 6:48 am ET
From the East Bay Regional Park District: Following the transition into fire season by CAL FIRE, the East Bay Regional Park District is also transitioning and preparing for wildland fire season effective May 15, 2017 in its 120,000 acres of parklands in the counties of Contra Costa and Alameda. “The East Bay Regional Park District has a major role in fire prevention and protection of park visitors, staff and natural and cultural resources. We have already had our first fire of the year, and our neighboring fire departments are experiencing an abnormally high number of fires. We need everyone to be alert and obey fire danger restrictions in the parklands,” said EBRPD Assistant Fire Chief Paul Cutino. Park supervisors are working with local fire agencies to abate weeds as needed on parklands, and park staff are creating and maintaining a defensible space around park structures to allow firefighters to more safely defend them in the event of a wildfire. District staff are actively implementing a wildfire hazardous fuel reduction program to improve fire protection on parklands in the East Bay hills and other wildland urban interface areas, as guided by the
182 Board-approved Wildfire Hazard Reduction and Resource Management Plan. District fire crews, contract tree removal companies and even organized neighborhood groups are aiding in this effort. Chief Cutino said this year’s winter rains promoted a heavy grass crop and abundant growth on brush and trees. Vegetation is drying earlier than normal and any late rains it will contribute to an already significant grass crop. Once these grasses cure, this fuel load could produce intense, fast-moving fires. This will be especially true on dry, windy days in areas where topography also contributes to fire spread. The heavier fuels, like brush, will soon be dry enough to burn actively, and the combination of heavy grass and brush will likely present a challenge to our suppression capabilities. These fires will be especially worrisome when they move into dense forest stands. Torching trees launch burning embers high into the air, possibly igniting fires hundreds or thousands of yards downwind. “We need the public to be aware of fire danger, and to take action to help us protect people and parks this season,” said Chief Cutino. “Many of our parks have signs with Smokey Bear and an adjective rating of the current fire danger. Or ask any park ranger.” “While our efforts to reduce the risk of severe wildfires are extensive, residents can take steps to reduce flammable brush and foliage around their homes too. Visit ebparks.org or contact your local fire department for tips on reducing fire risks,” added Interim Fire Chief John Swanson. The Park District offers these park fire safety recommendations:
• Be extra careful with fire. Of the 6,000+ California wildfires every year, more than 90% are caused by people. • Be prepared for the worst. Have a plan for gathering family members, pets and valuables in case an approaching wildfire requires evacuation. • Observe and obey the Fire Department warning signs and park restrictions. • Be alert and report any small fires immediately by calling 9-1-1. • While visiting our parks use extra caution with charcoal and gas barbecues. Be sure to use your barbecue in a clear area, away from dry grass or brush. Make sure coals are cold before disposing of them.
In some cases, parks may be closed because of fire danger, and everyone should comply to help prevent fires in our beautiful regional parks. Visit here for more information. The East Bay Regional Park District is a system of beautiful public parks and trails in Alameda and Contra Costa counties east of San Francisco Bay, established in 1934. The system comprises 120,000 acres in 65 parks including over1,250 miles of trails for hiking, biking, horseback riding and nature learning.
183 Pleasanton Ridge: What a sight Spring in full swing at Augustin Bernal Community Park by Jeremy Walsh / Pleasanton Weekly
Uploaded: Thu, May 4, 2017, 1:55 pm
An oak tree near sunset along the Ridgeline Trail at the city of Pleasanton's Augustin Bernal Community Park on the Pleasanton Ridge. (Photo by Chuck Deckert)
The sun has been shining. The skies clearer. Flowers in bloom and natural grasses lush green. And more hikers, bikers and pooches -- not to mention, resident critters -- are turning out on trails that are starting to dry out after winter rains.
That's the scene you'll find these days at Augustin Bernal Community Park, the city's 237-acre public tract on the Pleasanton Ridge complete with miles of trails, a wealth of open space and some of the best views Pleasanton has to offer.
The city park, and its main staging area at 8200 Golden Eagle Way, are traditionally accessed through the main gate to the Golden Eagle Farm gated neighborhood, with all Pleasanton residents able to get into the park with valid proof of residency and non-residents able to get in with a city-issued pass.
Augustin Bernal trails also connect to the 5,271-acre Pleasanton Ridge Regional Park, managed by the East Bay Regional Park District.
184 To spotlight the spring scene there, I recently joined local photographer and frequent Pleasanton Ridge hiker Chuck Deckert for a tour of the parkland the city refers to as its "natural jewel."
Check out our favorite photos from that tour, along with a few others Deckert has taken at the city park so far this spring. To learn more about Augustin Bernal Community Park, visit www.ptownlife.org/parks.
Editor's note: Longtime Pleasanton resident Chuck Deckert has been hiking on the Ridge for more than 30 years. He was also sworn in this week as the newest alternate on the city's Parks and Recreation Commission.
185 What to know before going camping Courtesy Metro Creative May 3, 2017
Press file photo. Camping is one of the most popular outdoor activities, and the East Bay Regional Park District offers a variety of outdoor experiences.
Comedian Jim Gaffigan often jokes that camping is a tradition in his wife’s family, but he’s what people would consider “indoorsy.” Gaffigan notes the idea of burning a couple vacation days sleeping on the ground outside isn’t his idea of fun, but the comic may be in the minority. Camping is one of the most popular outdoor recreational activities in North America. Statistica, a statistics resource, reports the revenue of campgrounds and RV parks was estimated at $5.8 billion in 2015. More than $2.5 billion was relegated to camping-equipment spending. Locally, the East Bay Regional Park District offers a wide variety of camping options. Family campsites are available for those interested in a traditional camping experience. Group camping locations are also available at eleven different parks throughout the East Bay. Camping takes many forms. Some purists equate camping to minimalistic survivalism – eking out an existence for a few days with nothing more than a tent, a single roll of toilet paper and a fishing pole. Others enjoy the creature comforts of home and would readily consider camping as something done from their climate-controlled RV. Camping ranges between sleeping under the open stars and ‘glamping’ – a style of camping with amenities and potentially resort-style services. No matter how one defines camping, information is the key to becoming the proverbial “happy camper.” The following list is a general starting-off point for planning a camping adventure:
186 Not all campsites are equal When choosing a campsite, seek an area that offers the amenities you desire. Popular places like lakeside spots or those close to trails tend to book up early. Also consider proximity to bathrooms, showers and ingress and egress spots. People who desire solitude will pick different campsites in comparison to those who want to be near the family action. Choose a tent for the weather Supplies will differ depending on the temperatures when you plan to camp. Select a tent with a sun- protection sealant to prolong its longevity. Opt for a location with partial afternoon shade to keep the campsite and tent cool. Face the tent door into the wind for a breeze – and also to keep mosquitoes from camping alongside you. Speak with a camping-supply retailer about your camping needs. Bring along low-salt, high-protein snacks Low-salt, high-protein snacks will keep you fueled for day trips along the trails, without making you thirsty. Dried berries and high-fiber trail mixes can also keep energy levels up. Invest in an insulating pad
A good insulating pad will keep you comfortable when sleeping on the ground. Such a pad will also serve as an extra moisture barrier and help keep you warm or cool. Use the moon If this is your first time camping, schedule the night out to coincide with a full moon. There will be extra light at night to chase away any fears and make navigating a bit easier. Be an early bird To see wildlife, hit the trails as early as possible. Early morning hours also are cooler for working. Remember that camping involves getting in touch with nature. Leave the campsite how you found it, taking trash along with you. For more information about East Bay camping options, call 1-888-327-2757 or visit http://www.ebparks.org/.
187 Vargas Plateau Regional Park to reopen May 15
Locks are seen at the entrance gate to the parking lot at Vargas Plateau Regional Park in Fremont. The park has been closed due to a lawsuit since July, but will reopen on May 15, 2017, according to the East Bay Regional Park District. Photo by Joseph Geha.
By Joseph Geha | [email protected] | Bay Area News Group
PUBLISHED: May 2, 2017 at 8:12 pm | UPDATED: May 3, 2017 at 12:19 pm Vargas Plateau Regional Park in Fremont will reopen to the public May 15, roughly 10 months after it was ordered shut by an Alameda County judge, the East Bay Regional Park District announced Tuesday. The announcement came after a settlement was reached last week between the park district and two park neighbors who sued to close Vargas Plateau. The 1,249-acre park in the hills above Fremont has been closed since mid-July when real estate developer Jack W. Balch and CMG Financial president and CEO Christopher M. George alleged in their suit that some improvements to the main road leading to Vargas Plateau — promised in a 2012 legal settlement — were not completed before the long- awaited park opened in May. Superior Court Judge Frank Roesch agreed with the plaintiffs and ordered the gates closed to visitors, marking the first time in the district’s 80-years-plus history that one of its parks had been shut by a court order. “The letdown was tremendous,” Dennis Waespi, a parks district board director whose jurisdiction includes Vargas Plateau, said of the unprecedented closure last year. The district had spent $7.2 million since 1993 to acquire various parcels that make up Vargas Plateau and about $1.1 million to install a parking lot and signs for the park and fix up a water tower.
188 “All the anticipation was there,” Waespi said. “It was a beautiful park, just some of the best views,” he added, recalling the few trips he took to Vargas Plateau while it was briefly open. The long legal dispute began in 2008 when Balch and George sued over potential parking and traffic issues associated with the planned park, leading to the 2012 settlement in which the district agreed to make some improvements. The men sued again last May over what they said were insufficient upgrades to Vargas Road, resulting in the months-long closure. The district said the most recent work done as part of the latest settlement agreement included expanding and paving portions of the shoulder of Vargas Road. The roughly $90,000 worth of work was managed by the city of Fremont and paid for with Measure WW park district bond funds allocated to the city. The district said it also agreed to construct a vehicle turn-around on upper Morrison Canyon Road, which is near Vargas Plateau’s parking lot. Park district spokeswoman Carol Johnson said the lower access gate to the park, off Morrison Canyon Road, will also be reopened on May 15 for pedestrians, bicyclists and horse riders. Over the past several months, residents and access advocates spoke out at park district board meetings, Fremont City Council meetings and community gatherings with park representatives to voice their displeasure over the park’s closure. Some residents had suggested the district allow pedestrians and bicyclists to enter the park from other streets besides Vargas Road. But the district said that wouldn’t fly because partially opening Vargas Plateau would favor those living closest, undermining its mission of providing “access for all.” Waespi credits the community for continuing to make its thoughts known to both government officials and the plaintiffs and push for the park’s reopening. “It needed to be opened,” Waespi said. Park district general manager Robert Doyle said in a written statement, “The public has waited a long time for access to this park, and we are appreciative for the patience many people have shown.” Vargas Plateau Regional Park is accessible via Interstate 680 to Vargas Road; the park district recommends carpooling because the parking lot has limited spaces.
189 Sharks Are Dying By the Hundreds in San Francisco Bay by Eric Simons on May 02, 2017
A dying leopard shark on the beach in Foster City on April 26, 2017. (Photo courtesy Mark Okihiro, California Department of Fish and Wildlife)
Hundreds of leopard sharks and bat rays have washed up dead or dying on the San Francisco Bay shoreline this spring, the second year in a row of mass elasmobranch death in the Bay and the third major die-off in the last six years. But for the first time since an unusual shark stranding was first reported in the East Bay a half-century ago, scientists say they’re close to an explanation. “I look at it as a 50-year-old shark murder mystery, and we are hopefully closing in on the killer,” said California Department of Fish and Wildlife senior fish pathologist Mark Okihiro, who has led the stranding investigation. The 2017 die-off started in mid-March and has been concentrated around Foster City and Redwood City, with additional reports from Hayward, Berkeley, Oakland, and San Francisco. Okihiro, who is based in Southern California, hiked five miles of shoreline around Foster City in the last week of April and found 24 dead or dying leopard sharks and two dead rays. The event is ongoing and appears to be “heating up some,” he wrote in an email this week. “It’s the dead shark capital of California,” said Sean Van Sommeran, the executive director of the Pelagic Shark Research Foundation (PSRF) in Monterey, which tracks strandings. “It’s major major major.”
190 A map of reported shark strandings in the San Francisco Bay in 2017, created by volunteer Joe Flowers at the Pelagic Shark Research Foundation. (Map courtesy PSRF)
Shark die-offs have occurred in the Bay going back to at least 1967, when then-East Bay Regional Park District naturalist Ron Russo reported the deaths of more than 725 sharks and rays on the Alameda shoreline over two summer months. More recently, Van Sommeran says, there were big die-offs reported in the South Bay between 2002-2006. The next major event came in spring 2011, when PSRF tracked several dozen deaths in Foster City, San Mateo, Sausalito and Mill Valley. The timing of the most recent outbreaks offers a clue to the cause, Okihiro said: leopard sharks come together to spawn in shallow water in the spring and early summer, exposing them to more toxins than they’d see in the deeper parts of the Bay where they spend most of the rest of the year. The problem, though, has been in figuring out exactly where and when the die-offs were happening, the necessary first step to figuring out why they were happening. “No one’s looking at it consistently,” Okihiro said. “It’s not like we could plot out, there were 2,000 leopard sharks that died in 2011 versus 250 in 2012. There is no one with the job of tabulating leopard shark and bat ray death. We’re doing this all on the fly, on a shoestring.”
Dead and dying leopard sharks and bat rays on the beach near Foster City. (Photo courtesy Mark Okihiro, California Department of Fish and Wildlife)
In 2016, Van Sommeran said, a new die-off caught researchers off-guard. This year Van Sommeran’s PSRF team caught wind of the strandings as they started, and so were able to map them as they happened and ship fresh sharks to Okihiro to examine. Okihiro performed necropsies on 26 sharks in April, including what he labeled the “patient zero” for this die-off,
191 a leopard shark recovered from a beach near the San Francisco Airport by a California Fish and Wildlife warden on April 9. That shark, and another one collected a few days later, had signs of a brain infection that had caused them to become disoriented and swim onto shore. So did seven more sharks that Okihiro necropsied after his shoreline walk in late April. With meningitis established as a cause of death, Okihiro next took samples from tissues and fluid around the sharks’ brains, and isolated a set of still-unidentified fungal pathogens that he thinks infected and killed them. How the pathogens might have made it into the sharks’ brains in the first place says a lot about the complicated modern Bay. Two centuries of development and fill means that most of the flow of water along the bayshore is controlled — in flood control channels, managed wildlife ponds, and man-made lagoons like the ones surrounding the houses in Foster City. That often stagnant water has become, Okihiro said, like a “giant broth culture” for fungi, and when the water conditions are right the fungal pathogens go nuts and “explode into billions of infective particles in the water column.” Big rain events then push a toxic plume of pathogens out into the wider Bay — just as large groups of the sharks are coming into shallow water to spawn. The pathogens, Okihiro said, seem to enter through the sharks’ ears or nose, and then travel up a set of ducts into the brain — a pathway recently uncovered by Long Beach State shark biologist Chris Lowe.
A photo of the unidentified fungal pathogen from the brain of a dead leopard shark, which California Department of Fish and Wildlife pathologist Mark Okihiro took from the shark’s brain and grew in the lab. (Photo courtesy Mark Okihiro, California Department of Fish and Wildlife)
Van Sommeran said he thinks the sharks and rays are also harmed by poorly designed tidal gates around the Bay, which were built to control the flow of water around urban areas. Particularly in Redwood Shores and Foster City, he said, tidal gates close in anticipation of rain (to keep tide water out so ponds and canals can absorb runoff rainwater and houses don’t flood) — but in doing so, they can trap sharks and rays in stagnant and increasingly toxic water. “It’s like a tourniquet,” Van Sommeran said. “The pH gets off, dissolved oxygen diminishes, temperature and salinity skyrocket and the sharks begin to die within a day or two. Then when the backwash of urban and suburban runoff fills in, it’s just nasty. The sharks are getting all kinds of infections.” Jared Underwood, a refuge manager at the Don Edwards San Francisco Bay National Wildlife Refuge, said in an email the U.S. Fish and Wildlife Service has installed fish screens on its tidal gates in the refuge to avoid trapping animals, and that the refuge has not received any reports of shark or ray strandings this year.
192 Leopard sharks are the most common shark in the Bay, and are frequently spotted in shallow coastal waters from Baja to southern Oregon. Like many sharks, they’re long-lived and slow- growing, making mass mortality events particularly concerning for shark researchers. “They’re beautiful sharks, they’re kind of a signature species of California and San Francisco Bay in particular,” Van Sommeran said. “Leopard sharks, in the big picture, are vastly diminished from like the 1950s. They used to be typically 5-6 feet long, and common. It’s hard to find one 4 feet long now.” Strandings probably represent a fraction of the sharks that have actually died, since sharks that die in open water simply sink. Even those that do wash up onto beaches, though, don’t find their way to wildlife officials. Well-intentioned onlookers often try to push sharks back into the water in an attempt to revive them — assuring, Okihiro said, that the shark swims off to die elsewhere. “Everybody wants to save the sharks,” he said. “But we can say with 99.9 percent certainty that the shark is on the beach because it’s infected and dying. Pushing it out to sea just means we don’t get a chance to examine it. We don’t get a chance to know what killed it.” Strandings also aren’t always reported, Van Sommeran and Okihiro said, but if they are it’s often to The Marine Mammal Center in Sausalito, which then forwards the calls to PSRF in Monterey. (A TMMC spokesperson confirmed that it forwards the calls, but doesn’t track how many it gets.) Seven weeks into trying to track this year’s die-off, Van Sommeran said he’s stretched thin every volunteer he has and is running on fumes. “I’m down here in Monterey Bay,” Van Sommeran said. “We were responding daily for the first four weeks of it. I’m driving an ‘85 Nissan sedan, but it’s in the shop now. It’s been a disaster.” If you see a stranded or dying shark anywhere in California, call or text the California Department of Fish and Wildlife’s CalTIP hotline. You can also report strandings to the Pelagic Shark Research Foundation. Or take a picture and upload it to iNaturalist, where it can be added to a project tracking leopard sharks and bat rays around the Bay.
193 Community News Crowd turns out for Albany’s Earth Day cleanup
A crowd of about 140 people turned out at the Albany Bulb and beach on Earth Day to clean up the shoreline. (Courtesy of Sharon Gibbons)
By From Staff Reports | Bay Area News Group
May 2, 2017 at 8:27 am ALBANY — Approximately 140 people volunteered at the Albany Bulb and the beach on Earth Day to clean up litter, dropped by people using the park or washed up on the shoreline, according to Sharon Gibbons. Families, dog walkers, and student groups walked the trails to hunt for trash or chose a spot on the beach to sift beach sand for small pieces of plastic. Hosted by The Watershed Project, this annual event attracts local residents and volunteers enjoying the park for the first time. The Watershed Project, in partnership with the City of Albany and the East Bay Regional Park District, provided gloves, buckets, bags and snacks. The volunteers collected at least three cubic feet of trash and several bins of recycling. Much of the trash was made up of tiny pieces of plastic. The Watershed Project works to promote a greater appreciation for San Francisco Bay through hands-on experiences of cleaning up the park and seeing the impact of trash ending up in the natural environment.
194 Spreading the joy of nature, area hikes By Spud Hilton Published 2:36 pm, Thursday, April 27, 2017
Rue Mapp, the founder of Outdoor Afro, hits the trail in easily accessible
Joaquin Miller Park in Oakland to get her weekly giant-redwood fix.
Photo: Natasha Dangond, The Chronicle
When she started with a modest blog in 2009, Rue Mapp knew the goals she had set were not going to be easy: Help African Americans connect with each other and, more to the point, connect them with the outdoors. But the modest blog turned into Outdoor Afro (www.outdoorafro.com), a network of 60 trip leaders in 28 states and more than 12,000 members. The organization schedules and operates trips and activities on public lands — from regional open space to national parks — for groups of people of color, a demographic that is underrepresented among visitors to protected parks. “So much of how I became who I am is because of nature,” Mapp said in an interview last year. “There are lessons that nature taught me that I wouldn’t have learned anywhere else.” It helps that she had as a classroom the Northern California region, which is particularly rich with protected parks and natural wonders. What follows are a few of Mapp’s favorite spots for connecting with nature, as well as tips for getting the best experience. A few favorites Samuel P. Taylor State Park, Marin: “This popular site has interpretation programming in the summer, an accessible creek for cooling off under redwoods in the summer, with many trails for biking and hiking that surround the camp. Site spaces are generous, appointed with the right amount of privacy and community feel.” Pro tip: Try to reserve a campsite on the creekside. Leona Canyon York Trail: Mapp says this is one of her favorite local trails. “This beauty is very short, but challenging in parts, with some scrambling. Views include lovely, rushing waterfalls and a panoramic view of the bay from the East Oakland hills at the summit.” Pro tip: Ideal for older youths and more experienced hikers. 195 Joaquin Miller Park: “I don’t know what my life would be like without redwoods, so I visit the Oakland Parks and Recreation’s own Joaquin Miller Park for my weekly dose of these West Coast beauties.” Pro tip: Parking is easy and free along the many trailheads on either Skyline Boulevard or Joaquin Miller Road. Point Pinole Regional Park: “This is a favorite along the Richmond shoreline with trails that catch the bay breeze and stunning views of the San Pablo Bay. Dogs are welcome here, and it’s a great place for the entire family for hiking and picnics.” Parking is only $3 and plentiful. Pro tip: Bring binoculars to catch some of the most incredible birding along the Pacific flyway, and especially near the vernal pools found in the spring.
— Spud Hilton, [email protected]
196 New Richmond shoreline area ‘rivals Crissy Field’
April 26, 2017
The Trails for Richmond Action Committee (TRAC) on Wednesday released an 8-photo slide show revealing a stunning new segment of the Bay Trail that winds through the newly restored and dedicated Dotson Family Marsh at Point Pinole Regional Shoreline.
The trail opened Saturday with a celebration hosted by East Bay Regional Park District, which also dedicated Atlas Road Bridge, a new entry point to Point Pinole Regional Shoreline from the Hilltop District.
“With dramatic views of Point Pinole and sweeping vistas across San Pablo Bay to Mt. Tamalpais, [the area] rivals Crissy Field,” according to TRAC.
Also here’s a good tip: The quietest time to visit is Monday, Tuesday or Thursday, when the firing range is closed at nearby Richmond Rod & Gun Club.
For more information about the evolving Bay Trail on Richmond’s northern shoreline, go to TRAC’s website here.
197 A recap of Oakley's Science Week
Apr 27, 2017
Photo courtesy of City of Oakley. Birds of prey are a popular sight at Oakley Science Week. The annual event offers a free series of workshops for students and families.
Oakley’s Annual Science Week wrapped up after eight days of exciting science-related activities and workshops.
This popular program would not be possible without the support of the city’s partners, which host and facilitate programs, including the East Bay Regional Park District, Delta Science Center, Friends of Marsh Creek, Ironhouse Sanitary District, the Oakley Youth Advisory Council and the city’s newest partner, the Freedom High School STEM Academy.
More than 1,200 people attended to see live reptiles and raptors. Participants learned how to build a kite, make ice cream and bottle rockets and how to write code to make video games. Participants learned about their community’s waterways, including Marsh Creek and the Delta. They also got familiar with water conservation, water treatment and the hazards of pollution.
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