Board of Directors Board Meeting Packet October 6, 2020 SPECIAL NOTICE REGARDING PUBLIC PARTICIPATION AT THE EAST BAY REGIONAL PARK DISTRICT BOARD OF DIRECTORS MEETING SCHEDULED FOR TUESDAY, October 6, 2020 at 1:00 PM
Pursuant to Governor Newsom’s Executive Order No. N-29-20 and the Alameda County Health Officer’s Shelter in Place Orders, the East Bay Regional Park District Headquarters will not be open to the public and the Board of Directors and staff will be participating in the Board meetings via phone/video conferencing.
Members of the public can listen and view the meeting in the following way: Via the Park District’s live video stream which can be found at: https://youtu.be/kJbeyUhx9I8
Public comments may be submitted one of three ways: 1. Via email to Yolande Barial Knight, Clerk of the Board, at [email protected]. Email must contain in the subject line public comments – not on the agenda or public comments – agenda item #. It is preferred that these written comments be submitted by Monday, October 5, 2020 at 3:00pm.
2. Via voicemail at (510) 544-2016. The caller must start the message by stating public comments – not on the agenda or public comments – agenda item # followed by their name and place of residence, followed by their comments. It is preferred that these voicemail comments be submitted by Monday, October 5, 2020 at 3:00 pm.
3. Live via zoom. If you would like to make a live public comment during the meeting this option is available through the virtual meeting platform: https://zoom.us/j/92631111514 * Note that this virtual meeting platform link will let you into the virtual meeting for the purpose of providing a public comment. If you do not intend to make a public comment please use the YouTube link at: https://youtu.be/kJbeyUhx9I8 to observe the meeting. It is preferred that those requesting to speak during the meeting contact the Clerk of the Board at [email protected] by 3:00 pm on Monday, October 5, 2020 via email or voicemail (510) 544-2016 to provide name and the subject of the public comment or item to be addressed.
Comments received during the meeting and up until the public comment period on the relevant agenda item is closed, will be provided in writing to the Board of Directors, included transcribed voicemails. All comments received by the close of the public comment period will be available after the meeting as supplemental materials and will become part of the official meeting record. If you have any questions please contact Yolande Barial Knight, Clerk of the Board, at [email protected] or (510) 544-2016.
2 Clerk of the Board YOLANDE BARIAL KNIGHT (510) 544-2020 PH MEMO to the BOARD OF DIRECTORS (510) 569-1417 FAX EAST BAY REGIONAL PARK DISTRICT
East Bay Regional Park District Board of Directors
ELLEN CORBETT The Regular Session of the OCTOBER 6, 2020 President - Ward 4 Board Meeting is scheduled to commence via teleconference at 1:00 p.m. DEE ROSARIO Vice President – Ward 2 Park District’s live video stream can be found at: BEVERLY LANE https://youtu.be/kJbeyUhx9I8 Secretary - Ward 6 COLIN COFFEY Treasurer - Ward 7 DENNIS WAESPI Ward 3 AYN WIESKAMP Ward 5 Respectfully submitted, ELIZABETH ECHOLS Ward 1 ROBERT E. DOYLE General Manager ROBERT E. DOYLE General Manager
2950 Peralta Oaks Court Oakland, CA 94605-0381 (888) 327-2757 MAIN 7-1-1 TRS RELAY SERVICE (510) 635-5502 FAX ebparks.org
3 AGENDA
REGULAR MEETING OF OCTOBER 6, 2020 BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT The Board of Directors of the East Bay Regional Park District will hold a regular 11:30 a.m. ROLL CALL (Virtual) meeting virtually, commencing at 11:30 a.m. for Closed Session and 1:00 p.m. for Open PUBLIC COMMENTS Session on Tuesday, October 6, 2020. Video Stream at: CLOSED SESSION https://youtu.be/kJbeyUhx9I8
A. Conference with Labor Negotiator: Government Code Section 54957.6 Agenda for the meeting is listed adjacent. Times for agenda 1. Agency Negotiator: Robert E. Doyle, Ana M. Alvarez, items are approximate only and are subject to change during the Kip Walsh meeting. If you wish to Employee Organizations: AFSCME Local 2428, comment on matters not on the Police Association agenda, you may do so under Unrepresented Employees: Managers, Confidentials and Seasonals Public Comments at the beginning of the agenda and if you wish to comment on an B. Conference with Legal Counsel item on the agenda please send an email to [email protected] 1. Anticipated Litigation – Significant Exposure to Litigation Pursuant to before 3pm, Monday, October Government Code Section 54956.9(d)(2): 1 case 5, 2020. A copy of the background 2. Existing Litigation – Government Code Section 54956.9(d)(I) materials concerning these agenda items, including any a) Workers’ Compensation Claim of Holly Sontag material that may have been WCAB No. ADJ 10542295 submitted less than 72 hours before the meeting, is available for inspection on the District’s b) EBRPD vs. Golden Gate Land Holdings, LLS, et al. website (www.ebparks.org). Alameda County Superior Court Case No. RG-11586821 Agendas for Board Committee Meetings are available to the public upon request. If you wish 1:00 p.m. OPEN SESSION (Virtual) to be placed on the mailing list to receive future agendas for a PLEDGE OF ALLEGIANCE specific Board Committee, please call the Clerk of the Board’s Office at (510) 544- A. APPROVAL OF AGENDA 2020.
B. PUBLIC COMMENTS District facilities and meetings comply with the Americans with Disabilities Act. If special 1. Public comments may be submitted one of three ways: accommodations are needed for Via email to Yolande Barial Knight, Clerk of the Board, at you to participate, please [email protected]. Email must contain in the subject line contact the Clerk of the Board or as soon as possible, but public comments – not on the agenda public preferably at least three comments – agenda item #. It is preferred that these working days prior to the comments be submitted by Monday, October 5, 2020 at 3:00 meeting. pm. 4 2. Via voicemail at (510) 544-2016. The caller must start the message by stating public comments – not on the agenda or public comments – agenda item # followed by their name and place of residence, followed by their comments. It is preferred that these voicemail comments be submitted by Monday, October 5 at 3:00 pm.
3. If you are interested in speaking during Public Comments, please contact the Clerk of the Board at [email protected] for call in information by 3:00 pm on Monday, October 5, 2020. Email must contain in the subject line Board meeting 10-06-20 call in request. If you would like to provide public comment through the virtual meeting platform, please use https://zoom.us/j/92631111514 to participate. Note that this virtual meeting platform link will let you into the virtual meeting waiting room and then into the meeting for the purpose to provide comment. Please use the YouTube link https://youtu.be/kJbeyUhx9I8 to observe the meeting when you are not providing public comment.
C. SPECIAL UPDATE
1. General Manager’s Update on the Status of the East Bay Regional Park District Emergency During the COVID-19 Pandemic.
1:25 p.m. D. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
a. Approval of District Check Listing for the Period of August 10, 2020 through August 30, 2020 (Auker/Doyle) (Resolution) (No Cost) b. Approval of the Minutes for the Board Meeting of September 15, 2020 (Barial Knight) (Resolution) (No Cost) c. Resolution Reaffirming the Existence of a Local East Bay Regional Park District Emergency (Victor) (Resolution) (No Cost) d. Resolution to Support Proposition 15, Tax on Commercial and Industrial Properties for Education and Local Government Funding Initiative 2020 (Pfuehler/Doyle) (Resolution) (No Cost) e. Authorization to Negotiate with Various Property Owners (Reeves/Kelchner) (Resolution) (No Cost) f. Authorization to Appoint Allison Picard to the Position of Interim Chief Human Resources Officer Pursuant to Government Code Section 21221(h) (Alvarez) (Resolution) (Budgeted Funds) g. Authorization to Amend a Contract with Anchor CM and Augment the Construction Contingency for Gordon N. Ball for Phases II and III and to Transfer and Appropriate Funds to the Albany Beach Restoration and Public Access Project: McLaughlin Eastshore State Park Regional Shoreline (Goorjian/Kelchner) (Resolution) (WW Funds/ Budget Change) h. Authorization to Amend a Sole-Source Contract with Rural Pig Management, Inc. for Feral Pig Control: District-wide (Graul/Kelchner) (Resolution) (Budgeted Funds) 5 i. Authorization to Accept a Recreational Trail Easement from Contra Costa County Flood Control and Water Conservation District for a Segment of the Stage Road Trail: Diablo Foothills Regional Park (Reeves/Kelchner) (Resolution) (Budgeted Funds) j. Authorization to Award Consultant Contract to McKay & Somps Inc. for Engineering and Permitting of FEMA Projects: Aurelia Reinhardt Redwood and Anthony Chabot Regional Parks (Rasmussen/Auker) (Resolution) (Budgeted Funds) k. Authorization to Purchase Adobe Software Products from Taborda Solutions Inc. (Tallerico/Auker) (Resolution) (Budgeted Funds) L. Authorization to Purchase One CXT Denali Type Double Restroom: San Francisco Bay Trail at Lone Tree Point (Holt/Kelchner) (Resolution) (Budgeted Funds) m Authorization to Apply for Grant Funds from the Bay Area Urban Securities Initiative for an Airborne High Definition Digital Video Downlink System: District-wide (Hornbeck/Ciaburro/Auker) (Resolution) (Rev Authorization) n. Authorization to Apply for Grant Funds from the San Francisco Bay Restoration Authority for Restoration Projects: District-wide (Hornbeck/Kelchner/Auker) (Resolution) (Rev Authorization)
2:00 p.m. 2. ACQUISITION, STEWARDSHIP AND DEVELOPMENT DIVISION
a. Authorization to Award a Contract with Preston Pipeline for Site Stabilization and Development Preparation; Authorization for Construction Related Direct Payments; Amend a Contract with Placeworks, Inc.; and Authorization to Transfer and Appropriate Funds to the Develop Tidewater Day Use Project: Martin Luther King, Jr. Regional Shoreline (Goorjian/Kelchner) (Resolution) (WW Funds/ Budget Change) b. Authorization to Enter into a Lease Revenue Allocation Agreement with the East Contra Costa County Habitat Conservancy and Transfer Lease Revenues for Establishment of a Permanent Endowment Fund for Long-Term Management of HCP Preserve Lands (Kelchner/Auker) (Resolution) (Budget Change)
2:30 p.m. 3. BOARD AND STAFF REPORTS
a. Actions Taken by Other Jurisdictions Affecting the Park District (Doyle)
2:45 p.m. 4. GENERAL MANAGER’S COMMENTS
Erich Pfuehler, Government Affairs Chief of Government and Legislative Affairs and Lisa Baldinger Legislative and Policy Management Analyst will provide a high-level overview and analytical review about the results of the Park and Public Interest Community Engagement Project’s on-line survey which included questions about Covid-19’s impact on park users.
6 3:00 p.m. 5. ANNOUNCEMENTS FROM CLOSED SESSION
3:05 p.m. 6. BOARD COMMITTEE REPORTS
a. Executive Committee 8/06/20 (Corbett) b. Legislative Committee 8/21/20 (Waespi)
3:15 p.m. 7. BOARD COMMENTS
4:00 p.m. E. ADJOURNMENT
7 CONSENT CALENDAR AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
October 6, 2020
D. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
a. Approval of District Check Listing for the Period of August 10, 2020 Through August 30, 2020 (Auker/Doyle)
RECOMMENDATION
It is recommended that the Board of Directors approve the Check Listing for the period of August 10, 2020 through August 30, 2020.
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.
9 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2020 – 10 -
October 6, 2020
APPROVAL OF DISTRICT CHECK LISTING FOR THE PERIOD OF AUGUST 10, 2020 THROUGH AUGUST 30, 2020
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 August 10, 2020 through August 30, 2020;
Moved by Director , seconded by Director , and adopted this 6th day of October, 2020 by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
10 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, October 6, 2020
D. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
b. Approval of the Minutes for the Board Meeting of September 15, 2020 (Barial Knight)
11 Page Left Blank Intentionally
12 Unapproved Minutes Board Meeting of September 15, 2020
The East Bay Regional Park District Board Meeting, which was held virtually on September15, 2020, called its Closed Session to order at 11:00 a.m. by Board President Ellen Corbett.
ROLL CALL
Directors Remote: Ellen Corbett, President Dee Rosario, Vice President Beverly Lane, Secretary Colin Coffey, Treasurer Dennis Waespi Elizabeth Echols Ayn Wieskamp
The Open Session of the Board Meeting was called to order at 1:00 p.m. by President Corbett.
Staff Remote: Robert Doyle, Ana Alvarez, Carol Victor, Jim O’Connor, Anthony Ciaburro, Kip Walsh, Carol Johnson, Debra Auker, Kristina Kelchner, Juliana Schirmer, Jason Rosenberg, Erich Pfuehler, Jeff Rasmussen, Michael Reeves, Aileen Thiele, Mike Mathieson, Deborah Spaulding, Mary Mattingly, Jason McCrystle, Kelly Barrington, Katie Hornbeck, Alice Kinner, , Jim Tallerico, Sydney Erikson (PrimeGov), Andrew Waller (PrimeGov), Robben Weems (PrimeGov), Matthew James, Sharon Clay Guests: None.
PLEDGE OF ALLEGIANCE
Director Corbett opened the meeting and stated that consistent with Governor Gavin Newsom’s Executive Order N-25-20 issued on March 12, 2020 in response to the threat of COVID-19 and the Alameda County Health Department’s Order dated March 16, 2020, the Board of Directors may utilize teleconferencing to remotely participate in meetings.
President Corbett asked if the Board members had any questions about the meeting process. There were none.
A. APPROVAL OF AGENDA
By motion of Director Lane, and seconded by Director Echols, the Board voted unanimously to approve the agenda. Roll Call Vote unanimous.
Directors Remote: Ellen Corbett, Colin Coffey, Elizabeth Echols, Beverly Lane, Dee Rosario, Dennis Waespi, Ayn Wieskamp. Directors Against: None. Directors Absent: None.
B. PUBLIC COMMENTS
President Corbett thanked the public and staff for attending the virtual Board meeting that was streaming live on Zoom. Corbett acknowledged that with the new technology there may be some challenges, staff will endeavor to improve the meeting platform. Corbett explained that public comments were to be submitted in advance by e-mail to [email protected] or left by voice message at 510-544-2016. This allows the Clerk time to provide the Board members with the comments in advance of the meeting. President Corbett explained that emails or voicemail received after the deadline will be provided to the Board of Directors and become part of the public record of the meeting. 13 Unapproved Minutes Board Meeting of September 15, 2020
C. SPECIAL UPDATE
1. General Manager’s Update on the Status of the East Bay Regional Park District Emergency During the COVID-19 Pandemic and update on the fires.
GM Doyle extended his sincere concern and thoughts to all of those who have endured the loss of property and lives during the fires. He commended all staff in the field and the office as well as the management team as they keep up their work during the pandemic. Doyle reported on park openings and closings. • Stanford and Ohlone access to Mission Peak will be reopened, • Lake Chabot public boat launch and concessionaire is open for cartop and carry-in, • Del Valle and Anthony Chabot campgrounds opened at 50% capacity with no open fires allowed only camp stove. • Del Valle swimming will remain closed • Returning to the regulation on Ordinance 38 on off leash dogs being allowed where appropriate. • A new educational campaign will be going out on dog behavior – dogs off leash on Oct. 2, 2020 • Kiosks will have shields and covers and follow the Covid protocols. • Gov. Newsom signed AB 1945 which recognizes the public safety dispatchers by classifying them as responders. Director Rosario asked how will staff message that we were closing off eastern portions of the Ohlone trail? GM said with signage, social media and posting at the entry of the park. Rosario mentioned Lake Chabot and one of the EBMUD directors reported he saw an Asian family playing in the water and asked if there are signs warning of blue green algae in English and in multilanguage? GM said there are signs in multiple languages, but he will check with Public Affairs and Operations to see what languages they are in. Director Coffey stated that there are protocols that suggest that parks are to be closed when air quality and fire danger are bad. Coffey asked for a brief description of those protocols to the public. GM Doyle explained when there is an unhealthy reading, it is posted on social media, in the parks and on the website; he added that parks are not closed. He is more concerned with staff that are work in the park. The District is often caught between the health agency departments to keep parks open and unhealthy air quality, so when the air quality reaches stage 300 staff close the parks. It is very similar to the beginning of Covid when the District was asked by the health departments to not use N95 masks, but to use KN95 masks. Now the health departments ask the District to use the N95 masks, so it is a constant balancing act. Thanks to Public Affairs and Operations field staff for all their work to create, design, put up and take down signs on an ongoing and prompt basis.
President Corbett asked if any other marina besides Lake Chabot is open? GM replied yes. Corbett asked for a description of the safety precautions being used at the kiosks for the quagga muscle inspections. Jim O’Connor, AGM Operations stated that muscle inspection protocols require people to pre-pay and when they arrive, they stay in their vehicle while the inspection is being done. There will be a plexiglass guard up, fee collections are online or on the phone prior to coming to the park to minimize exchange. There will also be a credit card/debit machine outside of the kiosk. Corbett asked if this will be done for all kiosks that collect parking fees? O’Connor said that this is specific to fishing permits, inspections and board launch fees. Currently the District is not charging for parking.
D. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
By motion of Director Wieskamp, and seconded by Director Waespi, the Board voted unanimously to approve the Consent Calendar.
Directors For: Colin Coffey, Ellen Corbett, Elizabeth Echols, Beverly Lane, Dee Rosario, Dennis Waespi, Ayn Wieskamp. 14 Unapproved Minutes Board Meeting of September 15, 2020 Directors Against: None. Directors Absent: None.
a. Approval of District Check Listing for the Period of July 27 to August 9, 2020 Resolution No. 2020 – 09 - 201 (attached)
b. Approval of the Minutes for the Board Meeting of September 1, 2020
c. Authorization to Negotiate with Various Property Owners Resolution No. 2020 – 09 - 202 (attached)
d. Authorization to Enter into a Third Amendment to the Operating Lease Agreement with Ohlone Community College District for the Continued Use of Open Space Lands Adjacent to the Ohlone Community College Campus for Regional Park Purposes: Mission Peak Regional Preserve Resolution No. 2020 – 09 - 203 (attached)
e. Authorization to Appropriate Funds for Roof Replacements at Temescal Regional Recreation Area and Lake Chabot Regional Park Resolution No. 2020 – 09 - 204 (attached)
f. Authorization to Appropriate Funds and Award Construction Contract to GEMS Environmental Management Inc. to Construct Pole Barn: Ardenwood Regional Preserve Resolution No. 2020 – 09 - 205 (attached)
g. Authorization to Purchase Nine Ford Vehicles from Downtown Ford Sales for Public Safety Vehicle Replacements and as an Addition to the Fleet Resolution No. 2020 – 09 - 206 (attached)
h. Authorization to Purchase One Vermeer Chipper from RDO Equipment Company as an Addition to the Fleet Resolution No. 2020 – 09 - 207 (attached)
i. Authorization to Apply for Federal Funding from Council of Western State Foresters for Fire Fuels Management: Lake Chabot Regional Park, Wildcat Canyon Regional Park, and Tilden Regional Park Resolution No. 2020 – 09 - 208 (attached)
Director Rosario asked if the District is successful in getting grants, will the funds be used to enhance or increase the work being done in these areas. Katy Hornbeck, Acting Grants Manager replied that staff are not expanding, but following the recommended field treatment parameters. Fire Chief Theile agreed the grants will free up District monies and depending on the site can allow staff to do more work. Director Waespi asked if staff has figured out which RTAs in Lake Chabot will use this money. Chief Mathieson reported that they have identified two spots – one in Tilden TI0028 eucalyptus grove and one in Wildcat Canyon WC005, but there is no funding included for Lake Chabot. Hornbeck explained that when staff initially drafted the board material there was a possibility to include Lake Chabot, however it is not in our current two-year plan per Mathieson.
j. Approving the Application for Grant Funds for the California Cultural and Historical Endowment’s Museum Grant Program for the Big Break Visitor Center Exhibit Upgrade: Big Break Regional Shoreline Resolution No. 2020 – 09 - 209 (attached)
15 Unapproved Minutes Board Meeting of September 15, 2020 k. Authorization for Approving Applications for Per Capita (Prop 68) Grant Funds and Appropriating Grant Funds for Public Access Improvements and Renovation: Martin Luther King Jr. Regional Shoreline, Roberts Regional Recreation Area, Briones Regional Park, and Pleasanton Ridge Regional Park Resolution No. 2020 – 09 - 210 (attached)
Director Rosario asked if this grant would close the gap in the renovation of Roberts Pool. Jeff Rasmussen, AFO replied there may be a small amount of funding that is still needed. Staff will apply for another grant specifically for agencies that the pool project can be eligible for to complete the project.
L. Acceptance of the East Bay Regional Park District Investment Report for the Quarter Ended June 30, 2020 Resolution No. 2020 – 09 - 211 (attached)
2. ACQUISITION, STEWARDSHIP AND DEVELOPMENT DIVISION
By motion of Director Lane, and seconded by Director Waespi, the Board voted unanimously to approve the Item 2a.
Directors For: Colin Coffey, Ellen Corbett, Elizabeth Echols, Beverly Lane, Dee Rosario, Dennis Waespi, Ayn Wieskamp. Directors Against: None. Directors Absent: None.
a. Amend the 2013 Oyster Bay Regional Shoreline Land Use Plan Amendment to Move the Primary Park Entrance to Neptune Drive: Oyster Bay Regional Shoreline Resolution No. 2020 – 09 - 212 (attached)
Devan Reiff, Principal Planner, presented the PowerPoint on this item. Reiff talked about the improvements which included: the addition of new clean fill dirt to provide new park features such as roads, parking spaces and base for vegetation, the building and construction of the new disc golf course, partnering with local students through Earth Team for planting of 300 trees and shrubs. Reiff explained that this discussion focuses on changing the primary entrance from Davis Street to Neptune Drive. Reiff discussed the constraints to build out the Davis Street entrance: the existing San Leandro rifle and pistol range entrance, Waste Management’s entrance, the water pollution control plant, RD&E lines, incompatible neighboring uses which present a less desirable park entrance: noise, air quality and traffic conflicts. A public zoom meeting was held and there was a lot of interest from the public, but no concerns about the latter. The District commits to working with the City of San Leandro on any special events.
President Corbett commented on this entrance change and acknowledged the outreach done by staff to the public. Corbett would like staff to remember past Park District board member Bill Jardin, from San Leandro as it relates to this park. Rosario inquired what is the definition of a limited number of events? Rosario expressed concern about overrunning and impacting the park and would like staff to strike a balance. Reiff replied that Park Operations and Design want to leave open the possibility to have an occasional marathon or small concert. The District is only grading the hillside and seeding the lawn and will not build a stage. Brian Holt, Chief of Planning and GIS said that the LUP carves out recreational opportunities and events will be determined by working in collaboration with the City of San Leandro staff. Director Waespi shared Rosario’s concerns and asked if any of the constituent groups were disc golfers and BMX bikers and will they conduct tournaments. Waespi asked if there is parking outside of the park along Neptune? Reiff answered there are about 50 on- street parking spaces. He added that when they are done16 adding clean fill, they will have the ability to build the Unapproved Minutes Board Meeting of September 15, 2020 first of three parking lots. Waespi asked when will it open? Kim Collins, Landscape Architect replied the disc golf field will be done by the end of the year. The field contract ends at the end of 2021, and shortly after 2021 staff expect to open. Staff will work with Operations on a plan to support all the activities and there is a great opportunity to have a management plan. Corbett asked if disc golf is still being played during Covid 19? Collins replied that they have a lot of tournaments.
By motion of Director Coffey, and seconded by Director Lane, the Board voted unanimously to approve the Item 2b.
Directors For: Colin Coffey, Ellen Corbett, Elizabeth Echols, Beverly Lane, Dee Rosario, Dennis Waespi, Ayn Wieskamp. Directors Against: None. Directors Absent: None.
b. Authorization to Enter into an Option, Purchase and Sale Agreement and to Transfer and Appropriate Funds for the Acquisition of 538 Acres of Real Property from the Oak Hill Park Company: Rancho Pinole Regional Preserve Resolution No. 2020 – 09 - 213 (attached)
Mike Reeves, Chief of Land Acquisition, began his PowerPoint presentation by orienting the Board to the location of this property. He explained there are four assessor properties that comprise this property. The purpose of this proposed acquisition is to create a contiguous protected open space corridor from Pinole Ridge to the Carquinez Strait, protect several ephemeral streams that drain into Rodeo Creek, pond and stream habitat enhancements paid by seller and future opportunities to extend regional trail connections. Director Coffey expressed his enthusiasm for this potential acquisition. Most Contra Costa residents will be familiar with this open space which is critical acreage for wildlife habitat and is a key intersection for these regional trails. GM Doyle stated that there is a tunnel that is being completed. Doyle provided history on the naming of this park which is after the original owners and the great partnerships with the John Muir Land Trust. Director Lane commented that this property is a wonderful example of how the Park District works and how staff are willing to commit the time it takes to complete an acquisition. Lane commented that this acquisition has taken twelve years and will create linkages that have not been there before. Lane congratulated staff that worked on this project. Corbett asked if there are any notable plant populations. Reeves replied there is a notable wealth of information.
4. BOARD AND STAFF REPORTS a. Actions Taken by Other Jurisdictions Affecting the Park District GM Doyle gave a brief report on this item. Mike Reeves, Chief of Land Acquisition said the District closed escrow on this last week and we now 176 acres.
5. GENERAL MANAGER’S COMMENTS
a. Public Affairs Assistant General Manager Carol Johnson and Chief Administrative Officer Juliana Schirmer will discuss the Regional Parks Foundation newest outreach program that encourages multicultural communities to visit regional parks. The program was developed over the last two years by the Foundation’s Committee on Diversity and Inclusion.
Carol Johnson, AGM of Public Affairs presented the PowerPoint on the Regional Park Foundations’ Diversity, Equity and Inclusion. Johnson acknowledged that Regional Park Foundation staff are working remotely, membership sales are down by 30% due to the current pandemic and yet the Foundation camperships remain strong. The Foundation is gearing up for a capital campaign17 and will focus on corporate involvement to purchase Unapproved Minutes Board Meeting of September 15, 2020 memberships and create a greenhouse and youth development program at Ardenwood. Last year the Foundation Board established a Diversity Equity and Inclusion Committee headed up by Keith White, Senior Vice President at Salesforce.com.
Juliana Schirmer, Chief Administrative Officer for the Regional Park Foundation stated that the Foundation board wanted to take action to provide more access to the black, brown and people of color. The Foundation would like to give 10% of their net revenue to these communities which equates to 750 memberships and develop relationships with these families. The Foundation would like to develop partnerships with 3rdparty non-profits, and they will develop a program, conduct pre and post surveys and develop a deeper sense of belonging. Marathon Petroleum gave the Foundation a grant for public safety and committed $5K for 50 memberships for communities around their refinery. Schirmer discussed the 750 memberships structure which would give 465 to new partner organizations and the remaining 285 memberships to current partners.
Director Echols asked if the Foundation offers memberships to individuals. How is outreach being done and how does the Foundation engage with underserved communities in this process? Schirmer replied currently the Foundation goes through their existing partners and next year will do a broader external reach. Corbett asked what are the benefits of a Foundation membership and can it be expanded to include more activities in the parks recreationally? Schirmer outlined the benefits of a one-year family membership: access to all District parks, free swimming during swim season, the ability to bring up to three dogs to the parks, and fee reduction for some of our other programs. The Foundation doesn’t develop programs but is the bridge. Corbett suggested that various benefits such as fishing lessons, or kayaking be added for the special members. Johnson replied the family membership is for a total of 6 people. Many of the families that will receive these memberships are already participating in some way and this is like an additional benefit. Director Lane commented that there is a very large Latino community in Concord, and she would like to see the Foundation make a special effort since Concord Hills will be opening. Director Echols asked who the Foundation consults with to determine what programs a specific community will need? Johnson replied the Foundation uses their community relations and the Multicultural Advisory Committee (MAC) to assist and hopes to get additional data through their survey. Director Rosario congratulated the Foundation and said it is timely. Rosario invited Echols to attend one of the Multicultural Advisory Committee meetings, chaired by Mona Koh, Community Relations Manager. Director Waespi said this is a tremendous program. GM Doyle emphasized the role of the foundation is to help raise money and the programs are District programs created by park staff. All cities have their own outreach, but we host them in our parks.
6. ANNOUNCEMENTS FROM CLOSED SESSION
District Counsel Victor announced there were none.
5. BOARD COMMITTEE REPORTS
a. Operations Committee 7/16/20 (Rosario)
6. BOARD COMMENTS
Director Corbett reported on meetings attended. Director Corbett • Attended 2 EOC meetings; • Attended the Regional Parks Foundation meeting; • Attended Executive Committee meeting, an important meeting with heartfelt stories. It was agreed that to continue discussions is the right thing to do to obtain additional information on the naming; • Met with Brent Ives regarding the GM Transition; • Attended the MLK Rally committee meeting and the committee is planning a virtual MLK celebration; • Visited Crown Beach and thanked Public Safety18 officers because that beach was so busy; Unapproved Minutes Board Meeting of September 15, 2020 • Attended the Joint Labor Task Force in Director Rosario’s place; • Attended Moonlight on the Mountain event; • Attended GM Recruitment interviews; • Met with ASD regarding Oyster Bay Parks briefing; • Met with General Manager and Kristina Kelchner regarding upcoming land session. Corbett commented on the two Concord communities who felt that both of their stories were to be erased and it was a good idea to withhold making a decision that day. Thanked CalFire for the invitation to visit the staging area for the SCU fire which she was unable to attend due to the Executive Committee meeting. She was sorry to see Kip Walsh leave and looks forward to rebuilding the HR department to make sure it has the resources needed to do their important work. Thanked staff for the commitment to work under very challenging conditions.
Director Rosario • Attended a meeting with AFSCME 2428 regarding Tesla; • Attended the Executive Committee meeting; • Attended the Contra Costa County Mayors Conference; • Attended the Alameda County Special District Association meeting; • Attended the Covid taskforce meeting; • Attended Nancy Skinner’s town hall; • Attended Moonlight on the Mountain; • Attended Oakland Pride. Rosario said that he is frustrated that the Board never has an opportunity to discuss things as a board and would like to have the following addressed. He would like the review of Police Policy agendized. Rosario sent an email to the legislative staff to consider a recommendation for the District to support Prop 15 schools which came up at the last board meeting. He would like to have an update on his request that DGM Alvarez look into the Mosaic Project. Rosario wanted to figure out the timeline and the District’s failure to get a letter to the Richmond City Council regarding Point Molate; he was disappointed that board members didn’t speak at public comments. Rosario has been advocating for a resolution to support the Save the Bees program and it’s been months and he hasn’t received an update. Finally, the City of Berkeley recently proposed an emergency resolution to investigate and enforce the instances of fireworks along Grizzly Peak. Rosario hopes the District can piggyback on what they have proposed and do a sister resolution. GM Doyle responded staff did get the letters in but didn’t get them in at the deadline on 1:30 pm to get them summarized at the meeting. DGM Alvarez replied that planning did follow up on Mosaic Project request. Alvarez said the Mosaic Project is a discretionary development project that is applying for land use entitlements from the County and MAC to develop a youth camp and there is some opposition on the type of land use. Brian Holt, Chief of Planning replied that the District does not support any development projects prior to the project completion of the environmental review process. Rosario asked if he could support the project as an individual board member. Project Mosaic introduced 4,000 kids of color to this program. Carol Victor, District Counsel, replied you do have first amendment rights to. Corbett asked if a letter can be sent out on District letterhead? Victor said generally yes, but there are nuances and will respond to the Board in writing.
Director Lane reported on meetings attended. Director Lane • Attended the Natural and Cultural Resources Committee meeting; • Attended the Contra Costa County Mayors Conference; • Talked with Matt Moore at Las Trampas regarding Borel; • Attended Moonlight on the Mountain. Lane sat in on the Executive Committee meeting on the Concord naming. It was very interesting, and agreed it was a good idea to not make a decision that day. Hiked at Lafayette Moraga Trail, George Miller Trail and ended up going to Half Moon Bay. Sorry to hear that Kip Walsh is leaving. We need to be sure that we fill the Cultural Resources Coordinator and Dave Zuckermann19 ’s position needs to be filled. Asked if the District Unapproved Minutes Board Meeting of September 15, 2020 was going to have a park district facemask. Lane sent her best regards to the people who have been suffering through this fire. Thanked the firefighters and staff coping with being inside/outside and how parks are being managed with less staff. Lane commented to Rosario that when she writes a letter she identifies herself as a board member and uses her own personal stationary.
Director Coffey reported on meetings attended. Director Coffey • Met with Kristina Kelchner, Brian Holt and Sean Dougan on projects in Ward 7; • Attended a virtual tour of Pt Molate; • Attended the Contra Costa County Mayors Conference; • Attended the Natural and Cultural Resources Committee meeting; • Attended Moonlight on the Mountain; • Attended the Campaign Yes on T meeting hosted by Save Mt. Diablo; • Attended the Annual Contra Costa Building Trades Networking Luncheon held in the Union Hall parking lot; • Attended Representatives Thompson and DeSaulnier’s zoom town hall; • Attending a Carquinez Waterfront Shoreline Planning meeting; • Attending the Board Workshop this Friday. Coffey announced he is a signatory on the Save Sand Creek Antioch initiative and identified as a board member, but doesn’t identify the Park District as an endorser. He commented on the naturalist videos that are incredible and enjoyable. Shared the sentiments of his colleagues on the workforce and management in operating these trails and parks and gave thanks to all.
Director Waespi reported on meetings attended. Director Waespi • Attended a Fire Awareness Community Webinar in Castro Valley and commented that Fire Chief Theile and Brede did a great job representing the Park District; • Attended GM Recruitment interviews. Waespi visited parks on Labor Day weekend. Asked for information on the defacing of the rocks at the Little Yosemite in Pinole. AGM Public Safety, Ciaburro replied they were charged with two counts of felony. Waespi thanked staff for the great work being done under a lot of duress.
Director Wieskamp reported on meetings attended. Director Wieskamp • Attended the Executive Committee meeting; • Attended the Alameda County Special District Association meeting; • Attended the LAFCo meeting; • Attended the GM Consultant search with the Adhoc GM Committee. Director Wieskamp complimented the Compass Magazine. She talked to Park Supervisors: Brad at Shadow Cliffs is doing a lot of projects that had been delayed; Gordon Wiley at Ohlone, Mission Peak, Vargas and Sunol said there was a soft opening of Mission Peak this morning. The Ohlone fire swept through and the hot spots are being watched, Matt McDonell at Coyote Hills said things are quiet and there was a small 5-acre fire. Wieskamp is grateful to the Fremont Fire Department who responded quickly and put it out.
Director Echols reported on meetings attended. Director Echols • Attended Alameda County Central Committee meeting; • Attended the Contra Costa County Mayors Conference; • Attended the Richmond Special City Council meeting; • Attended the Natural and Cultural Resources Committee meeting; • Attended Moonlight on the Mountain. Director Echols said that there have been some reports of illegal fireworks, burning trash and throwing the trash off the hillside at Grizzly Peak. She spoke with Chief Ciaburro and he had already been involved with the community chiefs and are willing to help patrol the area. Echols said her Berkeley city councilmember shared a resolution to request that all responsible jurisdictions20 take immediate action to stop this activity at Unapproved Minutes Board Meeting of September 15, 2020 Grizzly Peak. Thanked the park staff for their hard work and echoed Director Rosario’s thought that Prop 15 could benefit the Park District financially and she would support it’s endorsement.
E. ADJOURNMENT
President Corbett adjourned the meeting at 4:00 p.m.
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22 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, October 6, 2020
D. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
c. Resolution Reaffirming the Existence of a Local East Bay Regional Park District Emergency (Victor)
RECOMMENDATION
The General Manager recommends that the Board of Directors adopt a Resolution Reaffirming the Existence of a Local East Bay Regional Park District Emergency due to the COVID-19 pandemic.
REVENUE/COST
As part of the mid-year budget review, the Board of Directors allocated and additional $600,000 to COVID-19 emergency response project 533800, providing total funding from the Park District of $850,000. COVID-19 cost reimbursement has been approved by FEMA in the amount of $1,075,239.
BACKGROUND
At a Special Board meeting of March 19, 2020, the Board of Directors adopted Resolution No. 2020-03-051 declaring a local East Bay Regional Park District Emergency related to the COVID- 19 pandemic. The Resolution requires the Board of Directors to reaffirm the existence of an emergency every sixty (60) days until termination of the emergency has been proclaimed by the Board of Directors. On May 19, 2020 by Resolution No. 2020-05-090 and on July 21, 2020 by Resolution No. 2020-07-156, the Board of Directors reaffirmed the existence of a local East Bay Regional Park District Emergency.
The State of California declared a public health emergency on March 4, 2020. On March 16, 2020, six Bay Area counties (Santa Clara, San Francisco, San Mateo, Marin, Alameda and Contra Costa) issued Orders directing all individuals living in these specific counties to shelter at their place of residence. On March 19, 2020, Governor Newsom issued a state-wide Stay at Home order. Although each of these orders has been modified from time to time, public health orders remain in place and continue to greatly restrict normal activities of Bay Area residents.
23 After a steep rise in COVID-19 cases over the summer, the number of cases and hospitalizations in California has begun to decline. The local health officers and the state are slowly moving toward relaxing some restrictions in the public health orders. Despite the positive trend, COVID-19 is and will remain a significant risk to public health and continues to greatly disrupt normal activities for residents of the state and to impact East Bay Regional Park District operations.
The attached Resolution will reaffirm the existence of an emergency in the East Bay Regional Park District and continues the emergency powers conferred on the General Manager as provided by state law and Board approved resolutions and ordinances, including the Park District’s Emergency Preparedness Policy and Emergency Services Workers Resolution (Resolution No. 2005-12-237).
ALTERNATIVES
No alternatives are recommended.
24 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2020 – 10 -
October 6, 2020
RESOLUTION REAFFIRMNG THE EXISTENCE OF A LOCAL EAST BAY REGIONAL PARK DISTRICT EMERGENCY
WHEREAS, the California Emergency Services Act, Chapter 7, of the California Government Code, commencing with § 8550, confers upon governing bodies of the political subdivisions of this state emergency powers necessary to protect health and safety and preserve lives and property; and
WHEREAS, on March 19, 2020, the Board of Directors adopted Resolution No. 2020- 03-051 proclaiming that a local emergency exists in the East Bay Regional Park District; and
WHEREAS, on May 19, 2020 the Board of Directors adopted Resolution No. 2020-05- 090 reaffirming the existence of a local East Bay Regional Park District Emergency; and
WHEREAS, on July 21, 2020 the Board of Directors adopted Resolution No. 2020-07- 156 reaffirming the existence of a local East Bay Regional Park District Emergency; and
WHEREAS, the Board of Directors of the East Bay Regional Park District does find that conditions of extreme peril to the safety of persons and property have arisen within the East Bay Regional Park District due to COVID-19 commencing on or about March 16, 2020 and continuing as follows:
On March 4, 2020, California Governor Gavin Newsom issued a Proclamation of a State of Emergency relating to COVID-19 that included a waiver of the 30-day renewal requirement for a local emergency;
On March 6, 2020, the County of Alameda adopted a resolution ratifying the declaration of a local health emergency by the County Health Officer;
On March 10, 2020, the County of Contra Costa declared the existence of a local emergency due to COVID-19;
On March 16, 2020, the Alameda County Health Department and Contra Costa County Health Services, as part of a coalition of six Bay Area county health departments, issued a legally enforceable order dictating that citizens of the Bay Area shelter in place beginning at 12:01 a.m. on March 17, 2020 (“Bay Area Public Health Order”);
25 On March 19, 2020, Governor Newsom issued a state-wide Stay at Home order;
The State of California; the County of Alameda and Contra Costa County continue to operate under public health orders as they have been modified from time to time; and
COVID-19 remains a significant threat to public health; and
That the aforesaid conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency; and
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby proclaims that a local emergency continues to exist throughout the East Bay Regional Park District; and
BE IT FURTHER RESOLVED, that during the existence of said local emergency the powers, functions and duties of the General Manager/EOC Manager and the emergency organization of the East Bay Regional Park District shall be those prescribed by state law, and by the ordinance and resolutions of the East Bay Regional Park District approved by the Board of Directors including the Emergency Preparedness Policy and Emergency Services Workers Resolution adopted by the Board of Directors on December 20, 2005 by Resolution No. 2005- 12-237 and pursuant to the Proclamation of a Local East Bay Regional Park District Emergency adopted by the Board of Directors on March 19, 2020 by Resolution No. 2020-03-051, reaffirmed on May 19, 2020 by Resolution No. 2020-05-090, and further reaffirmed on July 21, 2020 by Resolution No. 2020-07-156; and
BE IT FURTHER RESOLVED the Board of Directors shall reaffirm the existence of a local East Bay Regional Park District emergency every sixty (60) days until termination of the emergency is proclaimed by the Board of Directors
BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed, on behalf of the Park 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 seconded by , and adopted this 6th day of October, 2020 by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
26 AGENDA REGULAR MEETINGS BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, October 6, 2020
D. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
d. Resolution to Support Proposition 15, Tax on Commercial and Industrial Properties for Education and Local Government Funding Initiative 2020 (Pfuehler/Doyle) RECOMMENDATION
The Legislative Committee of the Board and General Manager recommend the Board of Directors adopt a resolution to support Proposition 15, Tax on Commercial and Industrial Properties for Education and Local Government Funding Initiative 2020.
REVENUE/COST
There would be no cost impact as a result of this action.
BACKGROUND
The qualified ballot initiative would amend the State of California’s constitution to require commercial and industrial properties, except those zoned as commercial agriculture, to be taxed based on their market value. The proposal to assess taxes on commercial and industrial properties at market value, while continuing to assess taxes on residential properties based on purchase price, is known as split roll. Residential market values in California tend to increase faster than two percent per year, meaning the taxable value of commercial and industrial properties is often lower than the market value.
The ballot initiative would create a process in the State constitution for distributing revenue from the revised tax on commercial and industrial properties. The revenue would be distributed to (a) the State to supplement decreases in revenue from the State's overall tax collection due to increased tax deductions, and (b) counties to cover the costs of implementing the measure. Sixty percent of the remaining funds would be distributed to local governments and special districts. Forty percent of the remaining funds would be distributed to school districts and community colleges (via a new Local School and Community College Property Tax Fund). If adopted by the voters, it could contribute to the District’s General Fund.
ALTERNATIVES None recommended.
27 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2020 - 10 -
October 6, 2020
RESOLUTION TO SUPPORT PROPOSITION 15, TAX ON COMMERCIAL AND INDUSTRIAL PROPERTIES FOR EDUCATION AND LOCAL GOVERNMENT FUNDING INITIATIVE 2020
WHEREAS, this ballot initiative would require commercial and industrial properties in California, except those zoned as commercial agriculture, to be taxed based on their market value; and
WHEREAS, funds raised by this change would be distributed to local governments, special districts, school districts and community colleges; and
WHEREAS, the additional revenue could contribute to the East Bay Regional Park District’s General Fund; and
WHEREAS, this effort aligns with objective of ensuring the fiscal health of the District.
NOW, THEREFORE, BE IT RESOLVED the Board of Directors of the East Bay Regional Park District hereby support Proposition 15, Tax on Commercial and Industrial Properties for Education and Local Government Funding Initiative 2020; and
BE IT FURTHER RESOLVED, 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 6th day of October, 2020 by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
28 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, October 6, 2020
D. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
e. Authorization to Negotiate with Various Property Owners (Reeves/Kelchner)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize the General Manager and the Assistant General Manager, Acquisition, Stewardship & Development Division, to negotiate with: APN/ADDRESS PROPERTY OWNER PARK/TRAIL Alameda County 085A-6445-008 (portion) Stonebrae LP Garin Regional Park Fairview Avenue, Hayward Contra Costa County 432-090-001-4 (portion) EBMUD Kennedy Grove Regional 6533 San Pablo Dam Road, Recreation Area El Sobrante
REVENUE/COST
Items of cost, terms or conditions of any option are subject to negotiation and would be presented to the Board for formal approval at a later date.
BACKGROUND
The proposed resolution for this item is in direct response to the Brown Act. According to District Counsel, "The Board may meet in Closed (Executive) Session prior to or during negotiations to give instructions to its negotiator regarding the price and terms of payment for the purchase or the lease of the property only after it has identified the parcels of concern, and has identified the people with whom this negotiator may negotiate in open session."
ALTERNATIVES No alternatives are recommended.
29 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2020 – 10 -
October 6, 2020
AUTHORIZATION TO NEGOTIATE WITH VARIOUS PROPERTY OWNERS
WHEREAS, Government Code Section 54956.8 requires that prior to or during the negotiations concerning the acquisition of real property, the Board of Directors in closed session may give instructions to its negotiator regarding the price and terms of payment of such property; and
WHEREAS, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies the real property or real properties which the negotiations may concern, and the person or persons with whom its negotiator may negotiate;
NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby approves the authorization to negotiate as presented to the Board of Directors on October 6, 2020; and
BE IT FURTHER RESOLVED that the General Manager and the Assistant General Manager, Acquisition, Stewardship & Development Division, are hereby authorized by the Board of Directors on behalf of the East Bay Regional Park District and in its name to negotiate the price and terms of payment of the following parcels of real property:
APN/ADDRESS PROPERTY OWNER PARK/TRAIL Alameda County 085A-6445-008 (portion) Stonebrae LP Garin Regional Park Fairview Avenue, Hayward Contra Costa County 432-090-001-4 (portion) EBMUD Kennedy Grove Regional 6533 San Pablo Dam Road, Recreation Area El Sobrante
Moved by Director , and seconded by Director , and adopted this 6th day of October, 2020, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
30 Acquisition, Stewardship & AUTHORIZATION TO NEGOTIATE Development Division Date: October 6, 2020
Antioch
Concord
Richmond 2
Hwy 24 Contra Costa Berkeley County Mt. Diablo State Park
Danville
Oakland
Alameda San Francisco County Bay Livermore Hayward 1
EBRPD Lands 0 5 Miles [ O:\GIS\Land\A2Ns_2020\10_06_2020.mxd
ALAMEDA COUNTY CONTRA COSTA COUNTY
Park/Trail: Garin Regional Park Park/Trail: Kennedy Grove Regional Recreation Area 1 Owner: Stonebrae LP 2 Owner: EBMUD APN: 085A-6445-008 (portion) APN: 432-090-001-4 (portion) Location: Fairview Ave, Hayward Location: 6533 San Pablo Dam Road, El Sobrante
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32 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, October 6, 2020
D. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
f. Authorization to Appoint Allison Picard to the Position of Interim Chief Human Resources Officer Pursuant to Government Code Section 21221(h) (Alvarez)
RECOMMENDATION
The General Manager recommends the Board of Directors authorize the appointment of Allison Picard to serve in an interim capacity as the Chief Human Resources Officer at Step F of the management salary range MG07 in the Executive and Legislative Division, Human Resources Department in the Executive & Legislative Division.
REVENUE/COST
The cost associated with this action is within the adopted 2020 Budget.
BACKGROUND
Due to the retirement of Ms. Kip Walsh, the position of Chief Human Resources Officer in the Human Resources Department will be vacant, effective October 9, 2020. Due to COVID-19, staff has been unable to recruit and secure a permanent appointment to fill the Chief Human Resources Officer position. The demands of managing a complex workforce and the support needed from Human Resources in responding to the COVID-19 pandemic requires an interim appointment.. While the Park District continues to undertake an open recruitment to fill the position permanently, it is necessary to provide the appropriate level of leadership and specialized skills to the Human Resources function during the transition. Staff is recommending that CalPERS retired annuitant, Ms. Allison Picard, be appointed as the Interim Chief Human Resources Officer under Government Code section 21221(h) for up to one year, pending the completion of a recruitment to ensure the continuity of public business related to the personnel management of the Park District during the COVID-19 pandemic.
Ms. Picard has over 25 years of experience managing human resources in the public sector and is experienced in employee relations and labor relations, recruitment and selection, classification and compensation, benefits administration, workforce planning and succession planning, and employee training and development. She worked for several agencies in California and retired as
33 a Human Resources Director for the City of Fairfield in 2018. She has served since then in several special projects and interim assignments, most recently with the City of Richmond and BART.
Government Code section 21221(h) allows the governing body of the Park District to appoint a CalPERS retiree with specialized skills to an interim position during the recruitment for a permanent appointment. The compensation for retirees appointed pursuant to this provision “shall not exceed the maximum monthly base salary paid to other employees performing comparable duties as listed on a publicly available pay schedule for the vacant position.” Furthermore, retired annuitants are not eligible to receive any additional benefits or compensation and cannot work more than 960 hours per fiscal year. Based on this information, Ms. Picard will be paid an hourly rate of $99.65 (Step F) within the Management Salary Range MG07, commensurate to the Chief Human Resources Officer’s compensation structure . Ms. Picard’s extensive experience and specialized skills in the field of Human Resources makes her appointment as the Interim Chief Human Resources Officer critical to maintaining essential functions for the Park District.
ALTERNATIVES
There are no alternatives recommended.
34 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2020 - 10 -
October 6, 2020
AUTHORIZATION TO APPOINT ALLISON PICARD TO THE POSITION OF INTERIM CHIEF HUMAN RESOURCES OFFICER PURSUANT TO GOVERNMENT CODE SECTION 21221(h)
WHEREAS, effective October 9, 2020, the position of Chief Human Resources Officer will be vacant; and
WHEREAS, the East Bay Regional Park District cannot leave the position vacant at a time that requires strong leadership to meet the demands of managing a complex workforce in responding to the COVID-19 pandemic; and
WHEREAS, the Park District has initiated a recruitment process to fill the position of Chief Human Resources Officer; and
WHEREAS, the Park District wishes to appoint an Interim Chief Human Resources Officer, effective October 10, 2020, and for up to one year while a recruitment for a permanent appointment to the position of Chief Human Resources Officer is being conducted; and
WHEREAS, management of the Park District’s Human Resources Department requires specialized skills and knowledge and is necessary to prevent the stoppage of public business; and
WHEREAS, the position of Chief Human Resources Officer is a critically needed position that helps ensure that the Park District is a safe place to work, helps ensure that employees receive the benefits to which they are entitled, and responds to and helps minimize the Park District’s potential liabilities; and
WHEREAS, Government Code section 21221, subsection (h), allows a retiree of the California Public Employees’ Retirement System (CalPERS) to serve without reinstatement “upon interim appointment by the government body of a contracting agency to a vacant position during recruitment for a permanent appointment”; and
WHEREAS, Allison Picard, a PERS retired annuitant as of December 2018, has the specialized skills and knowledge necessary to ensure the continued operations of the Park District’s Human Resources Department; and
WHEREAS, the General Manager recommends the Board of Directors authorize appointment of Ms. Picard at Step F of the management salary range MG07; and
35 NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorize the interim appointment of Allison Picard to the position of Chief Human Resources Officer at the rate of $99.65 per hour (Step F) within the Management Salary Range MG07; 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 approved this 6th day of October, 2020, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
36 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, October 6, 2020
D. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
g. Authorization to Amend a Contract with Anchor CM and Augment the Construction Contingency for Gordon N. Ball for Phases II and III and to Transfer and Appropriate Funds to the Albany Beach Restoration and Public Access Project: McLaughlin Eastshore State Park Regional Shoreline (Goorjian/Kelchner)
RECOMMENDATION
The General Manager recommends that the Board of Directors:
1. Authorize an amendment in the amount of $140,400 to the professional services contract with Anchor CM of Lafayette, California (Anchor CM), for construction management and inspection services for the Albany Beach Restoration and Public Access Project – Phases II and III (Project); and
2. Augment the construction contingency with Gordon N. Ball (GNB), by $436,000 for the existing construction contract for the Albany Beach Restoration and Public Access Project – Phases II and III; and
3. Authorize the transfer and appropriation of $107,063 from Measure WW Development Funds from the Bay Water Trail Allocation Area (WP07) to the Build Golden Gate Fields Trail Project (No. 148600); and
4. Authorize the transfer and appropriation of $368,177 from the Legal Contingency Fund (2862) to Build Golden Gate Fields Trail Project (No. 148600).
REVENUE/COST
This action will authorize an amendment to the contract with Anchor CM by $140,400 from $1,078,741 to a total amount of $1,219,141; and will increase the project construction contingency with Gordon N. Ball by $436,000 from $1,669,346 to a total amount of $2,105,346. These amendments will be funded with appropriations from Measure WW Bay Water Trail funds and Legal contingency as noted below.
37 PROPOSED APPROPRIATIONS Available Measure WW Bay Water Trail Development (WP07) $ 107,063 Appropriation to Build Golden Gate Fields Trail Project (No. 148600) (107,063) BALANCE REMAINING IN WP07 $ 0
Available Legal Contingency (2862) $1,000,000 Appropriation to Build Golden Gate Fields Trail Project (No. 148600) 368,177 BALANCE REMAINING $631,823
SOURCE OF FUNDS Restore Albany Beach Project (#571500WX29) $ 40,572 Build Golden Gate Fields Trail Project (#148600) 60,558 Appropriation from WW Bay Water Trail Development (WP07) 107,063 Legal Contingency 368,177 TOTAL AVAILABLE BALANCE $ 576,400
USE OF FUNDS Anchor CM Amendment and GNB Construction Contingency Increase $ 576,400
BALANCE REMAINING $ 0
BACKGROUND
This action will amend the construction management contract with Anchor CM and augment the construction contingency with GNB to perform additional work to improve drainage at the San Francisco Bay Trail in Albany.
The Albany Beach Restoration and Public Access Project is complete and open to the public, including new parking, restrooms, site furnishings, nearly one-mile of San Francisco Bay Trail between Gilman Street and Buchanan Street, and enhanced and expanded beach and dune areas. However, in response to concerns expressed by neighboring property owner Golden Gate Fields’ (GGF) regarding drainage issues associated with the new segment of the San Francisco Bay Trail, staff worked closely with hydrology experts and found that additional drainage work is recommended at GGF’s north parking lot along the trail alignment. This work involves installing additional drainage features to convey water under the trail and will require additional construction work and construction management services.
On July 3, 2018, by Resolution No. 2018-07-171, the Board awarded a construction contract to GNB in the amount of $10,430,957, along with a $1,043,096 construction contingency. A professional services contract with Anchor CM was also approved in the amount of $497,670 for construction management and inspection services for Phases II and III of the Project.
On May 21, 2019, by Resolution No. 2019-05-110, the construction contingency for GNB’s contract was increased by $626,250 for a total amount of $1,669,346; and a contract amendment in the amount of $441,280 was approved for Anchor CM. A subsequent contract amendment
38 was completed in April 2020 in the amount of $139,791, increasing Anchor CM’s contract to $1,078,741. This amendment did not require Board approval, per Board Operating Guidelines. These amendments were necessary to address additional costs associated with Golden Gate Fields construction access, schedule restrictions, and associated settlement agreement issues.
The additional construction management and inspection services required for drainage improvements exceeds Anchor CM’s current budget. Staff recommends the Board approve an amendment to Anchor CM’s contract in the amount of $140,400 to provide these services. Staff also recomments the Board approve a $436,000 (4%) increase in the construction contingency for the project, from $1,669,346 to $2,105,346 to cover construction costs associated with constructing additional drainage features.
ALTERNATIVES
No alternatives are recommended.
39 Page Left Blank Intentionally
40 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2020 – 10 -
October 6, 2020
AUTHORIZATION TO AMEND A CONTRACT WITH ANCHOR CM AND AUGMENT THE CONSTRUCTION CONTINGENCY FOR GORDON N. BALL FOR PHASES II AND III AND TO TRANSFER AND APPROPRIATE FUNDS TO THE ALBANY BEACH RESTORATION AND PUBLIC ACCESS PROJECT: MCLAUGHLIN EASTSHORE STATE PARK REGIONAL SHORELINE
WHEREAS, the Albany Beach Restoration and Public Access Project – Phases II and III enhances and expands the beach and dunes, provides parking, restrooms, and site furnishings, and also includes construction of a nearly one-mile segment of the San Francisco Bay Trail between Gilman Street and Buchanan Street; and
WHEREAS, in response to neighboring property owner Golden Gate Fields’ (GGF) concerns expressed over drainage issues associated with the Bay Trail, staff worked closely with hydrology experts and found that additional drainage work should be performed at GGF’s north parking lot along the trail alignment; and
WHEREAS, on July 3, 2018, by Resolution No. 2018-07-171, the Board of Directors awarded a construction contract to Gordon N. Ball Inc. in the amount of $10,430,957 and a $1,043,096 construction contingency; and approved a professional services contract with Anchor CM in the amount of $497,670 for construction management and inspection services for Phases II and III of the Project; and
WHEREAS, in response to additional costs associated with Golden Gate Fields construction access and schedule restrictions and associated settlement agreement, on May 21, 2019, by Resolution No. 2019-05-110, the construction contingency for Gordon N. Ball’s contract was increased by $626,250 for a total amount of $1,669,346; and a contract amendment in the amount of $441,280 was approved for Anchor CM, and another amendement in April 2020 in the amount of $139,791, increasing Anchor CM’s contract to $1,078,741; and
WHEREAS, the cost of additional drainage work exceeds the GNB construction contract contingency by $436,000 and Anchor CM construction management contract amount by $140,400; and
WHEREAS, project funds are available in the Restore Albany Beach Project (#571500) and the Build Golden Gate Fields Trail Project (#148600) for these purposes; and
WHEREAS, Measure WW Bay Water Trail (WP07) and Legal Contingency (2862) funds are available for appropriation to the Project for these purposes;
41 NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the Budget Change form attached hereto, which will appropriate $107,063 from Measure WW Bay Water Trail Development Funds (WP07) and $368,177 from General Fund Committed Fund Balance for Legal Contingency (2862) to Build Golden Gate Fields Trail Project (No. 148600); and
BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park District approves an amendment to the existing professional services contract with Anchor CM in the amount of $140,400 for additional construction management and inspection services, for an amended contract total of $1,219,141; and
BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the augmentation of the construction contingency for the contract with Gordon N. Ball, Danville, CA in the amount of $436,000 from Project No. 148600 (Build Golden Gate Fields Trail Project); and
BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed, on behalf of the Park 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 , and seconded by Director , and adopted this 6th day of October, 2020, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
42 McLaughlin Eastshore State Park Albany Beach Restoration and Public Access Project Phases II & III Feet [ 0 300 600
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44 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM
NEW APPROPRIATIONS BUDGET TRANSFERS X Appropriate from Measure WW X Between Funds From New Revenues Between Projects
DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Measure WW Project Account Name: Revenue: Capital - Non- Funds -NonDepartmental -Administrative Departmental - Administrative Dept - Department - Transfer Out Transfer In -Build Golden Gate Trail- Revenue
Account: 337-9110-000-9980 $ 107,063.53 333-9110-000-3981-148600-000 $ 475,240.53 Account Name: Legal Contingency Account Name: Expense: Capital- Reserves Environmental Programs -McLaughlin Eastshore-Construction in Progress-Build Golden Gate Trail-Measure - Construction & Contract Administration
Account: 101-0000-000-2862 $ 368,177 333-7350-423-7020-148600-300 $ 475,240.53 REASON FOR BUDGET CHANGE ENTRY: As being presented at the Board of Directors meeting on October 6, 2020 the General Manager recommends that the Board of Directors authorize the appropriation of funds from legal contingency and Measure WW Bay Water Trail (07) Development funds to Project #148600 (Build Golden Gate Trail).
Board of Directors Resolution Number: 2020-10- Posted By: Date: 10/6/2020 Signature
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46 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, October 6, 2020
D. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
h. Authorization to Amend a Sole-Source Contract with Rural Pig Management, Inc. for Feral Pig Control: District-wide (Graul/Kelchner)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize an amendment to the contract with Rural Pig Management, Inc. of Pleasanton, California for feral pig control, increasing the current contract amount by $30,000, for a new total amount not to exceed $112,500.
REVENUE/COST
Funds for the increase in costs are available as follows:
Wildlife Management (101-7430-000-6191) $ 5,000 Integrated Pest Management (101-7481-000-6191) $20,000 Wildland Vegetation Management (101-7440-000-6191) $ 5,000 TOTAL: $30,000
BACKGROUND
A primary mission of the East Bay Regional Park District is to preserve, protect, and restore natural resources and habitats within its jurisdiction for future generations. One threat to Park District lands are non-native, feral (wild) pigs, which are widespread in certain parks, cause significant damage to natural resources, and threaten water quality. Their high reproductive rate and California’s recovery from drought conditions, coupled with pigs relocating from neighboring open space, have caused feral pig populations to increase in many areas of the Park District. This population increase has exacerbated impacts to natural resources and is a threat to public safety.
The current contract with Rural Pig Management is insufficient to control overabundant feral pig populations and protect Park District lands from outright destruction through the action of pig rooting and foraging. The Park District’s annual budget for control of feral pigs has not been substantially increased for the past ten years. Continuing control of feral pigs on District lands
47 is necessary to promote public safety and to protect sensitive plant and wildlife, including threatened and endangered species.
Feral pigs are regulated as game mammals under State Fish and Game law. The California Department of Fish and Wildlife recognizes the threat posed by feral pigs to sensitive resources and issues depredation permits to the District for feral pig control. Rural Pig Management, Inc. has the established expertise, safety record and training required to implement the District’s feral pig control program. Rural Pig Management, Inc. has also been the contractor for controlling feral pigs on neighboring agency parcels including those of Mt. Diablo State Park, Contra Costa Water District, East Bay Municipal Utility District, and San Francisco Water Park District. This allows for extremely cost-effective and coordinated control of feral pigs on District lands. Staff is therefore recommending the sole-source contract with Rural Pig Management, Inc. be amended by $30,000 with existing funds for a total amount of $112,500 in 2020 to retain their services.
ALTERNATIVES
The Board could elect to not amend this contract. This is not recommended because feral pig control is necessary to meet District’s obligations to protect natural resources on its lands.
48 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2020 – 10 -
October 6, 2020
AUTHORIZATION TO AMEND A SOLE-SOURCE CONTRACT WITH RURAL PIG MANAGEMENT, INC. FOR FERAL PIG CONTROL: DISTRICT-WIDE
WHEREAS, the East Bay Regional Park District is responsible for resource management and public enjoyment of its parklands; and
WHEREAS, feral pig damage is a serious and on-going problem that threatens natural resource and habitat values in District parks; and
WHEREAS, the District has developed and implemented a Feral Pig Capture and Removal Program; and
WHEREAS, feral pigs are not native to California and the District is working under a Depredation Permit with the State Department of Fish and Wildlife which permits this program; and
WHEREAS, Board Resolution 2015-12-335 authorized the General Manager to renew a sole source contract with Rural Pig Management, Inc., with an option to extend the contract for up to four consecutive one-year periods at the discretion of the General Manager, at a cost not to exceed $72,000 per calendar year; and
WHEREAS, the General Manager amended the original sole source contract with Rural Pig Management, Inc., Pleasanton, California and increased the existing contract amount by $10,500.00 to $82,500.00 for fiscal year 2020; and
WHEREAS, Rural Pig Management, Inc., Pleasanton, California has incurred significant costs to control an expanding feral pig population in 2020 and has nearly exhausted funds in the existing contract; and
WHEREAS, the required funding is available in Accounts 101-7430-000-6191 Wildlife Management, 101-7481-000-6191 Integrated Pest Management, and 101-7440-000-619 Wildland Vegetation Management;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the encumbrance of funds and the amendment of the contract with Rural Pig Management, Inc., Pleasanton, California, to increase its contract by $30,000.00 to an amount not to exceed $112,500.00 in 2020; and
49 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 approved this 6th day of October, 2020, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
50 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, October 6, 2020
D. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
i. Authorization to Accept a Recreational Trail Easement from Contra Costa County Flood Control and Water Conservation District for a Segment of the Stage Road Trail: Diablo Foothills Regional Park (Reeves/Kelchner)
RECOMMENDATION
The General Manager recommends that the Board of Directors accept a recreational trail easement from Contra Costa County Flood Control and Water Conservation District (CCFC) at Diablo Foothills Regional Park.
REVENUE/COST
Other than staff time and a $1,000 payment to CCFC as nominal value consideration for the trail easement, there are no additional costs associated with this acquisition. The $1,000 payment will be taken from General Fund Account 101-7330-000-6191.
BACKGROUND
The Park District operates and maintains the Stage Road Trail as part of the Diablo Foothills Regional Park trail system. An approximately 692-foot segment of the trail crosses property owned by CCFC immediately adjacent to the park. In 2019 staff was made aware that there is no formal agreement between the Park District and CCFC to operate this segment of the trail, and on March 19, 2019 by its Resolution No. 2019-03-046, the Park District Board of Directors authorized negotiations with CCFC to formalize our use of this trail segment. CCFC has agreed to grant the Park District a permanent easement allowing us to continue to operate this segment of the Stage Road Trail. Acceptance of the trail easement will not result in any operational changes to the park or the trail.
ALTERNATIVES
No alternative is recommended.
51 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2020 – 10 -
October 6, 2020
AUTHORIZATION TO ACCEPT A RECREATIONAL TRAIL EASEMENT FROM THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR A SEGMENT OF THE STAGE ROAD TRAIL: DIABLO FOOTHILLS REGIONAL PARK
WHEREAS, the East Bay Regional Park District operates an approximately 692-foot segment of the Stage Road Trail located on land adjacent to Diablo Foothills Regional Park on land owned by the Contra Costa County Flood Control and Water Conservation District (CCFC); and
WHEREAS, it was recently discovered that there is no formal agreement between the Park District and CCFC to operate this segment of the trail; and
WHEREAS, by Resolution No. 2019-03-046 adopted on March 19, 2019, the Board of Directors authorized negotiations with CCFC to formalize the Park District’s use of this trail segment; and
WHEREAS, CCFC has agreed to grant a permanent easement allowing the Park District to continue to operate this segment of the Stage Road Trail; and
WHEREAS, the renewal of this lease is categorically exempt from California Environmental Quality Act (CEQA) requirements for preparing and processing environmental documentation pursuant to Section 15325 of State CEQA Guidelines which in part exempts the transfer of ownership of an interest in land (such as an easement right) for park purposes;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the General Manager to accept a permanent recreational trail easement from Contra Costa County Flood Control and Water Conservation District allowing the Park District to continue to operate and maintain an approximately 692-foot segment of the Stage Road Trail across CCFC lands located adjacent to Diablo Foothills Regional Park; and
BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed, on behalf of the Park 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.
52 Moved by Director , seconded by Director , and adopted this 6th day of October 2020 by the following vote:
FOR:
AGAINST: ABSENT: ABSTAIN:
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56 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, October 6, 2020
D. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
j. Authorization to Award Consultant Contract to McKay & Somps Inc. for Engineering and Permitting of FEMA Projects: Aurelia Reinhardt Redwood and Anthony Chabot Regional Parks (Rasmussen/Auker)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize the award of a consultant contract to McKay & Somps Inc. for engineering and permitting of FEMA projects at Aurelia Reinhardt Redwood and Anthony Chabot Regional Parks.
REVENUE/COST
This action will award a $468,463 contract to McKay & Somps Inc. for engineering and permitting of FEMA projects at Aurelia Reinhardt Redwood and Anthony Chabot Regional Parks.
SOURCE OF FUNDS Project Account Regrade Stream Trail 515200 $845,454 Repair Slopes 529100 $72,987 Repair Trail and Road Slope 529700 $557,418 Repair Big Bear & E. Ridge Tr 532300 $62,737 AMOUNT AVAILABLE $1,538,596
USE OF FUNDS Award to McKay & Somps Project Account Regrade Stream Trail 515200 $222,765 Repair Slopes 529100 $161,632 Repair Trail and Road Slope 529700 $41,233 Repair Big Bear & E. Ridge Tr 532300 $42,833 TOTAL $468,463
AMOUNT REMAINING $1,070,133
57 BACKGROUND
In early 2017 three major disasters were declared for Alameda and Contra Costa counties and the East Bay Regional Park District (Park District) incurred approximately $10.4 million in storm damage on 58 projects requiring permanent repair. The Park District was eligible to apply for Public Assistance funds from the Federal Emergency Management Agency (FEMA) to fund actual repair costs for damage not covered by the insurance claim, estimated at $6.8 million. These FEMA Public Assistance Grants require a 6.25% local match, and FEMA does not always cover all repair costs, therefore the Park District appropriated approximately $1,000,000 in a 2017 Storm project account (524400). The Park District has been working with FEMA for over three years to complete the assessments of these unanticipated storm damage projects in an efficient and timely manner.
On August 3, 2020, the Park District posted a Request for Proposal (RFP) for environmental and engineering services on its website. The Park District received proposals from eight firms. On September 14, 2020, staff interviewed four firms. Based on the selection criteria, staff recommended a contract with McKay & Somps Inc. for engineering and permitting of FEMA projects at Aurelia Reinhardt Redwood Regional Park through 2024.
On July 5, 2017, Resolution 2017-07-200, the Board of Directors authorized a master contract with Stantec Consulting Services, Inc. Staff had planned to use Stantec for environmental and engineering services at Redwood and Anthony Chabot but was unable to come to terms with Stantec. Staff intends to cancel the master contract with Stantec.
No additional appropriation of funds is necessary for this action; however, it is important to note that these are preliminary estimates which may change as additional information about each project becomes available. FEMA Public Assistance Grants are based on actual project costs. As projects are scoped, staff may need to return to the Board to recommend changes to these consulting contracts.
ALTERNATIVES
No alternatives are recommended.
58 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2020 - 10-
October 6, 2020
AUTHORIZATION TO AWARD CONSULTANT CONTRACT TO MCKAY & SOMPS INC. FOR ENGINEERING AND PERMITTING OF FEMA PROJECTS: AURELIA REINHARDT REDWOOD AND ANTHONY CHABOT REGIONAL PARKS
WHEREAS, in early 2017 three major disasters were declared for Alameda and Contra Costa counties and the East Bay Regional Park District (Park District) incurred approximately $10.4 million in storm damage on 58 projects requiring permanent repair. The Park District was eligible to apply for Public Assistance funds from the Federal Emergency Management Agency (FEMA) to fund actual repair costs for damage not covered by the insurance claim, estimated at $6.8 million. These FEMA Public Assistance Grants require 6.25% local match, and FEMA does not always cover all repair costs, therefore the Park District appropriated approximately $1,000,000 in a 2017 Storm project account (524400). The Park District has been working with FEMA for over three years to complete the assessments of these unanticipated storm damage projects in an efficient and timely manner; and
WHEREAS, on August 3, 2020, the Park District posted a Request for Proposal (RFP) for environmental and engineering services on its website. The Park District received proposals from eight firms. On September 14, 2020, staff interviewed four firms. Based on the selection criteria, staff recommended a contract with McKay & Somps Inc. for engineering and permitting of FEMA projects at Aurelia Reinhardt Redwood and Anthony Chabot Regional Parks through 2024; and
WHEREAS, on July 5, 2017, Resolution 2017-07-200, the Board of Directors authorized a master contracts with Stantec Consulting Services, Inc. Staff had planned to use Stantec for environmental and engineering services at Redwood and Anthony Chabot but was unable to come to terms with Stantec. Staff intends to cancel the master contract with Stantec; and
WHEREAS, no additional appropriation of funds is necessary for this action; however, it is important to note that these are preliminary estimates which may change as additional information about each project becomes available. FEMA Public Assistance Grants are based on actual project costs. As projects are scoped, staff may need to return to the Board to recommend changes to these consulting contracts.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the award of a $468,463 consultant contract to McKay & Somps Inc. for engineering and permitting of FEMA projects at Aurelia Reinhardt Redwood and Anthony Chabot Regional Parks through 2024; 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
59 may be deemed necessary or appropriate to accomplish the intentions of this resolution.
Moved by Director , seconded by Director , and approved this 6th day of October, 2020, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
60 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, October 6, 2020
D. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
k. Authorization to Purchase Adobe Software Products from Taborda Solutions Inc. (Tallerico/Auker)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize the purchase of the Adobe Enterprise Agreement and the Adobe E-Sign Electronic Signature Agreement from Taborda Solutions, Inc. for a five-year period.
REVENUE/COST
The cost of the 2020 software agreements has exceeded $50,000 due to the number of Adobe licenses used throughout the District. Total costs for Adobe products from Taborda will not exceed $56,100 annually. Funding in 2020 is available in the Information Services budget, Account No.101-4150-000-6921.
BACKGROUND
The East Bay Regional Park District uses over 875 personal computers to assist with the efficient administration and management of park facilities throughout Alameda and Contra Costa counties, and the Adobe software was selected as a District standard. Purchasing the Adobe Enterprise Agreement provides a 40% discount on licensing costs and internal management to deploy licenses. Bids were received from three firms, and the Taborda Software company was selected as the vendor based on the providing the lowest bid.
ALTERNATIVES
The Board could decline to purchase additional Adobe Software licenses at this time. This would require that the District purchase additional Adobe licenses at retail pricing. This alternative is not recommended.
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62 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2020-10-
October 6, 2020
AUTHORIZATION TO PURCHASE ADOBE SOFTWARE PRODUCTS FROM TABORDA SOLUTIONS INC.
WHEREAS, the East Bay Regional Park District uses over 875 personal computers 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 Adobe software is current has been made available to the District; and
WHEREAS, the software was sent out for bid and Taborda Solutions Inc. provided the lowest cost satisfying the District’s public bid requirement; and
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes the licensing of Adobe software products from Taborda Solutions Inc. for a five-year period at a not-to-exceed amount of $56,100 annually; and
BE IT FURTHER RESOLVED that funding is available in the current year budget Account No. 101-4150-000-6921; 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 6th day of October 2020 by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
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64 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, October 6, 2020
D. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
L. Authorization to Purchase One CXT Denali Type Double Restroom: San Francisco Bay Trail at Lone Tree Point (Dougan/Holt/Kelchner)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize the purchase of one CXT Denali double restroom from CXT Inc. of Spokane, Washington for installation at Lone Tree Point Staging Area, for a total cost of $103,385.65.
REVENUE/COST
Sufficient funds are available for the purchase of this restroom from Project No. 131300, Develop Lone Tree Trail:
SOURCE OF FUNDS Balance Available, Acct 333-7340-495-7020-131300 $ 178,594.89 (Develop Lone Tree Trail) Proposed Encumbrance $ 103,385.65 Balance Remaining $ 75,209.24
PROPOSED ENCUMBRANCE CXT Incorporated $ 81,090.00 CA Sales Tax $ 5,838.65 Permit (estimated building permit fee) $ 5,000 Freight $ 11,457.00 Total Encumbrance $ 103,385.65 BACKGROUND
The San Francisco Bay Trail (SFBT) at Lone Tree Point project will close a 2,600-foot gap in the SFBT located between the existing Victoria by the Bay residential development in Hercules, and the Park District’s Lone Tree Point Staging Area on San Pablo Avenue in Rodeo. The project includes installation of a restroom facility and improvements to the Lone Tree Point Staging Area.
65 District staff has determined that the prefabricated concrete CXT Denali restroom is the appropriate restroom to be installed at this location. The Denali model proposed is a double unit flush style restroom that will be connected directly to an EBMUD sewer line. The roof and siding are fabricated with high strength precast concrete to meet all local building codes and textured and painted to match the architectural style of other Park District CXT restrooms. The building is designed to meet A.D.A. and to withstand high wind and category E seismic loads. The concrete construction makes the buildings easy to maintain and withstand the rigors of vandalism. The unit will be delivered and installed on site by CXT, Inc. and utility connections and finish work will be completed by the Park District’s contractor.
ALTERNATIVES
For this purchase, staff has determined that there are no significant advantages in formally seeking other bids; therefore, no alternatives are recommended.
66 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2020 – 10 -
October 6, 2020
AUTHORIZATION TO PURCHASE ONE CXT DENALI TYPE RESTROOM: SAN FRANCISCO BAY TRAIL AT LONE TREE POINT
WHEREAS, the East Bay Regional Park District has included funds in Project No. 131300 for the purpose of purchasing a restroom for the Lone Tree Point Staging Area as part of the San Francisco Bay Trail project at Lone Tree Point; and
WHEREAS, the Park District has determined that the prefabricated concrete CXT Denali restroom is the appropriate restroom to be delivered and installed by CXT, Incorporated at this location; and
WHEREAS, the Denali model proposed is a double unit flush style restroom that will be connected directly to an EBMUD sewer line with roof and siding fabricated with high strength precast concrete to meet all local building codes and textured and painted to match the architectural style of other Park District CXT restrooms; and
WHEREAS, CXT Incorporated of Spokane, Washington is a State of California recognized vendor offering suitable ADA compliant restroom buildings based on the results of competitive pricing through contracts issued by the National Joint Powers Alliance;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the purchase of One (1) CXT Denali double restroom to be installed at the Lone Tree Point Staging Area from CXT, Inc. of Seattle, Washington for a total cost of $103,385.65, with said sum to be encumbered from the remaining unspent funds in the existing Project Account 131300, Develop Lone Tree Trail; 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 6th day of October, 2020, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
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68 San Francisco Bay Trail ® Lone Tree Point Environmental Programs April 2, 2014 Feet t:/bstone/mxd projects/trails/ sfbaytrail/sfbt_lonetreepoint_b+w.mxd 0 100 200 400
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70 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, October 6, 2020
D. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
m. Authorization to Apply for Grant Funds from the Bay Area Urban Securities Initiative for an Airborne High Definition Digital Video Downlink System: District-wide (Hornbeck/Ciaburro/Auker)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize an application for grant funds from the Bay Area Urban Securities Initiative for an Airborne High Definition Digital Video Downlink System.
REVENUE/COST
This authorizes a grant application of approximately $650,000 to upgrade helicopter mission equipment and install mobile and ground-based receivers. This action will increase the ongoing annual operating cost of the Park District by approximately $23,500.
BACKGROUND
Since its inception in 2003, the intent of the Urban Areas Security Initiative (UASI) program has been to enhance regional terrorism preparedness in major metropolitan areas by developing integrated systems for terrorism prevention, protection, response, and recovery. The FY 21 UASI Grant program will likely provide financial assistance to address the unique regional, multi- discipline terrorism preparedness planning, organization, equipment, training, and exercise needs of high threat, high-density urban areas. UASI funds are intended for regional approaches to overall preparedness and should adopt regional response structures whenever appropriate.
The Park District’s Air Support Unit plays an integral part in regional law enforcement agencies’ ability to effectively fight crime, monitor terrorism activities, check the region’s vital infrastructure, maintain order, conduct search and rescue operations and detect and suppress fires.
Park District aircraft are currently equipped with an obsolete, short range, analogue SD video downlink system that is dependent upon the recipient being in possession of one of four portable receivers within a range of 5-7 miles. Local on-scene ground teams without a receiver and
71 remotely stationed management or command staff often lack important decision-making information that may directly affect the conduct and safe outcome of the mission.
UASI grant funds would replace this obsolete analog equipment and replace it with a cloud based High Definition Digital Video Downlink System. This will allow subscribing Public Safety Staff and Management of all authorized agencies to receive real time HD video imagery of an incident (same quality as news helicopters) via any internet connected device. This will greatly increase the quality of real time information and decision making during critical incidents.
ALTERNATIVES
No alternatives are recommended.
72 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2020 – 10 –
October 6, 2020
AUTHORIZATION TO APPLY FOR GRANT FUNDS FROM THE BAY AREA URBAN SECURITIES INIIATIVE FOR DIGITAL DOWNLINK HELICOPER EQUIPMENT: DISTRICT-WIDE
WHEREAS, the intent of the Urban Securities Initiative is to enhance regional terrorism preparedness in major metropolitan areas by developing integrated systems for terrorism prevention, protection, response, and recovery and offers grant funds to support these efforts; and
WHEREAS, the current analog video system used in the helicopter is obsolete and needs to be replaced with a Digital Video Downlink system; and
WHEREAS, if awarded, the State Homeland Security grant would be used to purchase these helicopter equipment upgrades;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes a grant application to the UASI Grant up to the maximum allowed under the program to purchase equipment; and
BE IT FURTHER RESOLVED that the General Manager or Assistant General Manager of Finance and Management Services/CFO be authorized, as an agent of the District, to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, receive grant funds, amendments, payment requests, and compliance with all applicable current state and federal laws and perform such acts which may be deemed necessary for the completion of the aforementioned project; 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, upon receipt of the executed contract from the Grants Manager. The budget amendment will include an increase in budgeted revenue and a corresponding increase in appropriation for the amount stipulated in the contract.
Moved by Director , seconded by Director , and adopted this 6th day of October 2020, by the following vote,
FOR:
AGAINST: ABSTAIN: ABSENT:
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74 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, October 6, 2020
D. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
n. Authorization to Apply for Grant Funds from the San Francisco Bay Restoration Authority for Restoration Projects: District-wide (Hornbeck/Kelchner/Auker)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize application for grant funds from the San Francisco Bay Restoration Authority Grant Program for restoration projects District-wide.
REVENUE/COST
This action proposes authorization to submit the following grant applications: • Approximately $600,000 for McLaughlin Eastshore State Park, Berkeley North Basin project • Approximately $5,100,000 for Coyote Hills Restoration and Public Access project
Grant funds would be budgeted into existing project #154800 (Coyote Hills, Improve Access and Habitat). A new project account will be created for the Berkeley North Basin project.
These projects will likely increase the ongoing operating costs of the Park District.
BACKGROUND
The San Francisco Bay Restoration Authority has issued its fourth call for projects for funding from Measure AA: The San Francisco Bay Clean Water, Pollution Prevention and Habitat Restoration Measure. Measure AA was approved by voters from the nine county Bay Area with a 70% majority on June 7, 2016. As a special district in Alameda and Contra Costa counties the Park District is eligible to apply for Measure AA funds. Eligible projects must be located along the shorelines of San Francisco Bay, San Pablo Bay, Carquinez Strait, Suisun Bay, and most of the Northern Contra Costa County Shoreline. There are three eligible project types: 1). Habitat Projects, 2). Flood Management, as part of a habitat project, and 3). Public Access, as part of a habitat project.
75 The Park District has previously received the following SFBRA grant awards:
o $450,000 Encinal Beach, Alameda Point Regional Shoreline ▪ Dune restoration and shoreline stabilization ▪ Applied 2017, Awarded 2018 o $450,000 Coyote Hills Regional Park ▪ Vegetation Management ▪ Applied 2018, Awarded 2019 o $500,000 Hayward Regional Shoreline ▪ Applied 2019, Awarded 2020
For this fourth round of Restoration Authority grants, applications are due at the end of October 2020 and project award selection will be announced Spring 2021.
Staff recommends submitting applications for the following projects:
1. McLaughlin Eastshore State Park, Berkeley North Basin (Exhibit A): The Berkeley North Basin Project will progress the shoreline protection, habitat restoration, sea level rise, adaptation, and public access elements described in the McLaughlin Eastshore State Parks General Plan (2002) through the preliminary design and CEQA process. The San Francisco Bay Restoration Authority grant would provide funds for the design and planning phase of these improvements.
2. Coyote Hills Restoration and Public Access (Exhibit B): The Coyote Hills Restoration and Public Access Project will improve 306 acres between the existing eastern park boundary and Paseo Padre Parkway for restoration of rare high value habitat along the Bay margin including wet meadow, seasonal wetland, coastal prairie, willow thicket and mixed riparian forest habitat and provide public access. The San Francisco Bay Restoration Authority grant would provide funds for construction of these habitat restoration improvements.
ALTERNATIVES
No alternatives are recommended.
76 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2020 - 10-
October 6, 2020
AUTHORIZATION TO APPLY FOR GRANT FUNDS FROM THE SAN FRANCISCO BAY RESTORATION AUTHORITY FOR RESTORATION PROJECTS: DISTRICT-WIDE
WHEREAS, the San Francisco Bay Restoration Authority has issued a call for projects for funding Measure AA: The San Francisco Bay Clean Water, Pollution Prevention and Habitat Restoration Measure, approved by voters in June 2016; and
WHEREAS, the East Bay Regional Park District (Park District) is seeking funding for restoration and public access projects at Coyote Hills and Berkeley North Basin; and
WHEREAS, Park District procedures require Board Approval for all grant applications; and
WHEREAS, said application contains assurances and certifications that the applicant must comply with in order to enter into an agreement with the San Francisco Bay Restoration Authority; and
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby:
1. Approves the filing of applications with the San Francisco Bay Restoration Authority up; and
2. Certifies the Grantee understands the assurances and certification in the application form; and
3. Certifies that Grantee has or will have sufficient funds to operate and maintain the project; and
4. Authorizes and directs the General Manager or Assistant General Manager of Finance and Management Services/CFO, on behalf of the Park District in its name, to accept grant funds and execute and deliver such documents including, but not limited to applications, agreements, payment requests and amendments and to do such acts as may be deemed or appropriated to accomplished the intentions of this resolution; 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, upon receipt of the executed contract from the Grants Manager. The budget amendment will include an increase in budgeted revenue and a
77 corresponding increase in appropriation for the amount stipulated in the contract.
Moved by Director , seconded by Director , and approved this 6th day of October, 2020 by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
78 Exhibit A McLaughlin Eastshore State Park Berkeley North Basin Project
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80 Exhibit B COYOTE HILLS REGIONAL PARK Public Access and Restoration Project 0 1,000 2,000 Feet
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STATE OF CA. BAUMBERG TRACT
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COYOTE HILLS REGIONAL PARK Project Area (Patterson Donation)
SF NATIONAL WILDLIFE REFUGE
N ACQUISITION STEWARDSHIP DEVELOPMENT AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, October 6, 2020
D. BUSINESS BEFORE THE BOARD
2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION
a. Authorization to Award a Contract with Preston Pipeline for Site Stabilization and Development Preparation; Authorization for Construction Related Direct Payments; Amend a Contract with Placeworks, Inc.; and Authorization to Transfer and Appropriate Funds to the Develop Tidewater Day Use Project: Martin Luther King, Jr. Regional Shoreline (Goorjian/Kelchner)
RECOMMENDATION
The General Manager recommends that the Board of Directors:
1. Authorize a sole source contract with Preston Pipeline of Milpitas, California for site stabilization and development preparation for the Develop Tidewater Day Use Project- Phase I in the amount of $1,100,100; and
2. Authorize an amendment in the amount of $100,000 to the professional services contract with Placeworks Inc. of Berkeley, California (Placeworks), for construction administration services for the Develop Tidewater Day Use Project- Phase I; and
3. Authorize direct payments for utility connections and permits related to construction in an amount not-to-exceed $300,000; and
4. Authorize the transfer and appropriation of $250,000 from Measure WW Development Funds from MLK JR Shoreline (WP40) to the Develop Tidewater Day Use Project- Phase I (No. 154300)
REVENUE/COST
This action will authorize a new contract with Preston Pipeline in the amount of $1,100,100; amend a contract with Placeworks for new services by $100,000, from $590,000 to a new total amount of $690,000; authorize direct payments for utility connections and permitting not-to- exceed $300,00; and will increase the project budget to $1,145,088. These actions will be augmented with additional funds from Measure WW MLK Jr Shoreline funds and from the source of funds indicated below.
82 SOURCE OF FUNDS Develop Tidewater Day Use Area Project (No. 154300) $ 2,179,677 Appropriation of Measure WW MLK Jr Shoreline (WP40) 250,000 Encumbrances and Expenditures to Date (684,589) AVAILABLE BALANCE $ 1,145,088
USE OF FUNDS Preston Pipeline Contract Amendment $ 1,100,100 Placeworks Amendment 100,000 Utility Connections and Permits 300,000 Other project costs including contingency and staff time 244,988 BALANCE REMAINING $ 0
BACKGROUND
The Martin Luther King Jr. Shoreline Tidewater site was acquired by the East Bay Regional Park District in 1979. The eight (8) acre acquisition was based upon the 1977 Land Use Development Plan for Martin Luther King, Jr. Regional Shoreline, which was adopted in 1977. The Land Use Plan identified an “estuary restoration cluster” to include tree massing, picnic areas, and meadows. The site was leased from the time the property was acquired until January 1, 2017, to Flexi-van as a storage yard for truck chassis for freight shipping containers. The containers have been removed and the site is currently undeveloped and secured with fencing. The San Francisco Bay Trail runs along the outside perimeter of the site adjacent to San Leandro Bay.
In 2017-2018 the Park District developed a concept plan for the site which was approved by the Board Executive Committee in September 2018. The concept planning process included public engagement as well as an inter-division Park District project team. The design incorporates sea level rise, parking, a new play area, an outdoor classroom, and a restroom.
For economy and efficiency to address the sea level rise component of the development, staff has recommended dividing the project into two phases. The first phase will stabilize the site and prepare it for future development. Phase I will import fill to raise the site to address sea level rise, while also surcharging and compacting the subgrade. Additionally, existing utilities will be relocated underground, and the existing metal shed structure will be removed. Once the work associated with the first phase is completed the site can remain undisturbed until the Park District is ready to proceed with development of the public access component as identified in the approved concept plan.
District staff received a proposal from Preston Pipelines to provide offsite fill and grade the fill for Phase I for free. Working with Park District Counsel to utilize the sole source contracting method, Preston Pipelines, at the District’s request, provided an amended proposal to deliver all the Phase I work needed while sequencing it with the needed fill and grading work. Consolidating this work is a benefit to the District as it enables the work needed for Phase I to be completed without entering into multiple contracts with multiple contractors for work at one site. The proposed contract amount that staff received from Preston Pipelines was significantly less than
83 the engineer’s estimate, largely because they are providing the imported fill and grading it at no cost.
On February 7, 2017, by Resolution No. 2017-02-032, the Board awarded a professional services contract to Placeworks in the amount of $390,000 to provide design services. Additional services were necessary due to splitting the project up into two phases; therefore, on October 16, 2018, by Resolution No. 2018-10-259 and on June 4, 2019 by Resolution No, 2019-06-129 Placeworks’ contract was amended to a total contract amount of $590,000. An amendment in the amount of $100,000 is necessary for Placeworks to provide additional construction administration support during Phase 1, revising the total contract amount to $690,000.
During Phase 1, permitting and utility connection fees will require timely direct payment. Staff is estimating the cost of these fees to be up to approximately $300,000.
Funding is available for Phase I from Proposition 68 grant funds and from Measure WW. As such, staff recommends advancing the work associated with Phase I improvements to stabilize the site and prepare the site for future development.
ALTERNATIVES
No alternatives are recommended.
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85 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2020 – 10 –
October 6, 2020
AUTHORIZATION TO AWARD A CONTRACT WITH PRESTON PIPELINE FOR SITE STABILIZATION AND DEVELOPMENT PREPARATION; AUTHORIZATION FOR CONSTRUCTION RELATED DIRECT PAYMENTS; AMEND A CONTRACT WITH PLACEWORKS, INC.; AND AUTHORIZATION TO TRANSFER AND APPROPRIATE FUNDS TO THE DEVELOP TIDEWATER DAY USE PROJECT: MARTIN LUTHER KING, JR. REGIONAL SHORELINE
WHEREAS, the East Bay Regional Park District (Park District) desires to complete the Develop Tidewater Day Use Area Project (Project) for the Tidewater Day Use Area at Martin Luther King, Jr. Regional Shoreline; and
WHEREAS, the original Project scope included development of a park with a parking lot, a restroom, picnic areas, trails, and landscaping; and
WHEREAS, the Park District developed a concept plan that also incorporated sea level rise, a new play area, and an outdoor classroom which was approved by the Board Executive Committee in September 2018; and
WHEREAS, for economy and efficiency to address sea level rise, the project was divided into two phases; and
WHEREAS, the first phase will stabilize the site and prepare the site for future development while ensuring that the public can continue to access the existing Tidewater Day Use area after completion of Phase 1; and
WHEREAS, the Park District has developed construction documents for Phase 1 and solicited a proposal for construction of Phase 1 from Preston Pipeline of Milpitas, California with the understanding that all required imported fill will be provided at no cost; and
WHEREAS, Preston Pipeline is uniquely suited as a sole source contractor to provide imported fill at no cost with the expertise to complete all other Phase 1 construction activities at a competitive price; and
WHEREAS, a contract with Preston Pipeline has been successfully negotiated by staff in the amount of $1,100,100; and
WHEREAS, the Park District has an existing contract with Placeworks Incorporated of Berkeley, California (Placeworks), by Resolution No. 2017-02-032, dated February 7, 2017, to provide design services for the development of Develop of Tidewater Day Use Area Project; and
86 WHEREAS, the Park District Board amended the contract by Resolution No. 2017-02- 032, dated February 7, 2017, and Resolution No. 2018-10-259, dated October 16, 2018 for increased project scope and to update the construction documents into two phases to address sea level rise; and
WHEREAS, it is necessary to amend Placeworks contract to include cost for construction administration services for Phase I in the amount of $100,000; and
WHEREAS, there will be utility connection and construction permit fees that are not finalized and will require timely payment for completion of Phase 1; and
WHEREAS, Measure WW MLK JR Shoreline (WP40) funds are available for appropriation to the Project for these purposes;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the Budget Change form attached hereto, which will appropriate $250,000 from Measure WW MLK JR Shoreline Development funds (WP40) to Develop Tidewater Day Use Project (No. 154300); and
BE IT FURTHER RESOLVED, that the Board of Directors hereby authorizes the contract with Preston Pipeline, Milpitas, CA in the amount of $1,100,100 for construction, to be funded out of Develop Tidewater Day Use Project (No 154300); and
BE IT FURTHER RESOLVED, that the Board of Directors approves an amendment to the existing professional services contract with Placeworks in the amount of $100,000 for construction administration services, for an amended contract total of $690,000; and
BE IT FURTHER RESOLVED, that the Board of Directors authorizes direct payments for associated utility and permit fees in the amount of $300,000; and
BE IT FURTHER RESOLVED that the General Manager, or his designee, is hereby authorized and directed, on behalf of the Park 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 6th day of October, 2020, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
87 IMPROVE PUBLIC ACCESS Martin Luther King Jr. Regional Shoreline
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89 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM
NEW APPROPRIATIONS BUDGET TRANSFERS X Appropriate from Measure WW X Between Funds From New Revenues Between Projects
DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Measure WW Project Account Name: Revenue Capital - Non- Funds - NonDepartmental - Departmental - Administrative Dept - Administrative Department - Transfer Out Transfer In -Develop Tidewater Day Use Area -Measure WW MLK Shoreline WW Bond - Revenue
Account: 337-9110-000-9980 $ 250,000 333-9110-000-3981-154300WP40-000 $ 250,000 Account Name: Expense: Capital- Design Dept -MLK Shoreline- Construction in Progress-Tidewater Day Use Area -Measure WW MLK Shoreline - Development
333-7120-437-7020-154300WP40-300 $ 250,000 REASON FOR BUDGET CHANGE ENTRY: As being presented at the Board of Directors meeting on October 6, 2020 the General Manager recommends that the Board of Directors authorize the appropriation of funds from Measure WW MLK Shoreline Development funds to Project #154300 (Develop Tidewater Day Use Area).
Board of Directors Resolution Number: 2020-10- Posted By: Date: 10/6/2020 Signature
T:\BOARDCLK\BOARD MATERIAL\2020\17 - October 6, 2020\S DRIVE\D-2-a 3 Budget Change for Tidewater Day Use Proj
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91 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, October 6, 2020
D. BUSINESS BEFORE THE BOARD
2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION
b. Authorization to Enter into a Lease Revenue Allocation Agreement with the East Contra Costa County Habitat Conservancy and Transfer Lease Revenues for Establishment of a Permanent Endowment Fund for Long- Term Management of HCP Preserve Lands (Kelchner/Auker)
RECOMMENDATION
The General Manager and the Board Finance Committee at its September 30, 2020, meeting, recommend that the Board of Directors:
1. Authorize entering into a Lease Revenue Allocation Agreement (Agreement) with the East Contra Costa Habitat Conservancy (Conservancy), which will establish terms by which lease revenues generated on District-owned lands purchased in partnership with the Conservancy will be allocated and used.
2. Authorize an initial transfer of $1,103,556 to the Conservancy for establishment of a Permanent Endowment Fund (Endowment), and annual transfers of a portion of lease revenues thereafter. The Endowment, primarily funded through HCP developer fees, is projected to eventually total $80 million and will be managed by the Regional Parks Foundation (Foundation) to provide a permanent funding source for management of these lands after the year 2037.
REVENUE/COST
From 2009 through June 30, 2020, the District received $5.02 million in lease revenues earned on properties purchased in partnership with the Conservancy (the Preserve Lands). These revenues come from agricultural, communications, residential and wind power leases that existed on the properties prior to the District’s acquisition. Over the same period, the District expended just over $2.86 million of those lease revenues on the current operation and management of the Preserve Lands, leaving a balance in Fund 259 of just over $2.16 million. The Agreement will require the District to deposit $1,103,556 of this balance into the Endowment. The Agreement will also require the District to allocate $525,875 of this balance into a new land acquisition fund. Following the initial allocation for land acquisition and transfer to the Endowment, each year the District will transfer a portion of lease revenues from Fund 259 into both the land acquisition
92 fund and the Endowment and continue to expend lease revenue funds on operation and management of the Preserve Lands.
BACKGROUND
The Conservancy is a joint exercise of powers authority formed by the Cities of Brentwood, Clayton, Oakley and Pittsburg, and Contra Costa County to implement the East Contra Costa County Habitat Conservation Plan / Natural Community Conservation Plan (HCP). The District is the primary partner in land acquisition and management of Preserve Lands. The Conservancy helps fund staff time and due diligence for property acquisitions through an annual cost-sharing agreement and secures state and federal grant funds in addition to developer fees to pay for the bulk of the property sale price. Under the terms of the HCP, the Conservancy is responsible to cover costs relating to management of the land for the benefit of covered species and the District is responsible for management costs relating to public access and public use of the Preserve Lands.
The HCP requires the establishment of an Endowment to pay for management of those Preserve Lands after the HCP permit term expires in 2037. Much of the Endowment will be funded by the developer fees, but the District is also required to contribute a portion of lease revenue earned on Preserve Lands to the Endowment, as stated in the individual Funding Agreements for each HCP acquisition.
Since 2009, the District and Conservancy have purchased 37 properties totaling over 13,000 acres of open space in East Contra Costa County. Out of those 37 properties, 11 generate lease revenue for the District. The Funding Agreements for these 11 properties specified that lease revenues would be allocated into three categories: primarily current land management, plus a portion for land acquisition projects, and a portion towards an Endowment to pay for future land management.
Since 2009, the District has received $5.02 million in lease revenues, which the Park District accounts for in a separate ECCC HCP Fund (Fund 259). To date, the District has expended nearly 60% ($2.86 million) of lease revenues from Fund 259 on the operation and management of Preserve Lands, leaving a balance of over $2.16 million in lease revenues held in Fund 259. In accordance with the Funding Agreements for each property, staff now recommends transferring approximately 22% ($1.1 million) of the total lease revenues received to date for establishment of a Permanent Endowment Fund.
Staff recommends executing a Lease Revenue Allocation Agreement with the Conservancy that conforms to the individual Funding Agreements and formally establishes the terms for allocating lease revenue to 1) ongoing parkland management, 2) land acquisition, and 3) the Endowment. The land acquisition fund will be held by the District and will be used to acquire real property rights within the HCP plan area.
Under the proposed Lease Revenue Allocation Agreement, lease revenues will continue to be apportioned into three categories to contribute to the following: (1) expenses related to current management of Preserve Lands, (2) additional District acquisitions in the Vasco Hills area; and (3)
93 an Endowment to help fund the long-term management of Preserve Lands. For the land acquisition fund, the Agreement calls for an initial allocation of $525,875 of lease revenue into this District-held fund. For the Endowment, the Agreement will establish the terms for an initial transfer of $1,103,556 of current lease revenues from the District to the Permanent Endowment Fund via the Conservancy, as well as future annual transfers of lease revenue to the Permanent Endowment Fund. The endowment is expected to be managed by the Regional Parks Foundation (Foundation) to provide disbursements for a portion of the District’s management of these lands after the year 2037, when the HCP’s permit term expires. The Conservancy is currently entering into an agreement with the Foundation to transfer funds and establish terms for the Permanent Endowment Fund. The District will be entering into a separate agreement with the Foundation to establish the terms for disbursements from the Endowment.
In summary, the Lease Revenue Allocation Agreement will do the following:
• Establish the three allocation funds: Current Management, Acquisition, and Endowment; • Establish a land acquisition fund with an initial allocation of $525,875 for the future purchase of real property rights in the Vasco corridor; • Transfer an initial deposit of $1,103,556 of lease revenue from the District’s Fund 259 to the Conservancy for establishment of the Endowment to be held by the Foundation; • Divide the balance of lease revenue collected through June 30, 2020, and future lease revenue based on the following percentages:
Lease Revenue from Martin, Souza III Lease Revenue from all other and GQ properties 15% to fund Acquisition -- 25% to fund Endowment 15% to fund Endowment 60% to ongoing Parkland Management 85% to ongoing Parkland Management
• Allocate future lease revenues into the same three categories according to those percentages, pursuant to an annual review, and; • Establish terms for the regular transfer of funds from the District to the Conservancy for contribution to the Permanent Endowment Fund.
All funds remaining in Fund 259 amount after these transfers are completed will continue to be used for expenses related to operations of Preserve Lands, including staff time and other supplies and services.
Staff recommends that the Board authorize staff to enter into a Lease Revenue Allocation Agreement with the East Contra Costa Habitat Conservancy to establish terms by which lease revenues on District-owned lands purchased in partnership with the Conservancy will be allocated and used; and to make an initial transfer of $1,103,556 to the Permanent Endowment Fund.
ALTERNATIVES
No alternatives are recommended.
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95 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2020 – 10 -
October 6, 2020
AUTHORIZATION TO ENTER INTO A LEASE REVENUE ALLOCATION AGREEMENT WITH THE EAST CONTRA COSTA COUNTY HABITAT CONSERVANCY AND TRANSFER LEASE REVENUES TO A PERMANENT ENDOWMENT FUND FOR THE DISTRICT’S FUTURE PRESERVE LANDS MANAGEMENT COSTS
WHEREAS, the East Contra Costa County Habitat Conservancy is a joint exercise of powers authority formed to implement the Habitat Conservation Plan / Natural Community Conservation Plan (HCP) and the East Bay Regional Park District (District) is the primary partner in land acquisition and management of HCP Preserve Lands; and
WHEREAS, the HCP requires the establishment of an Endowment to pay for management of those Preserve Lands after the HCP permit expires in 2037, and the District is required to contribute a portion of lease revenue earned on Preserve Lands to that Endowment, as stated in the individual Funding Agreements for each HCP acquisition; and
WHEREAS, eleven properties jointly acquired by the District and Conservancy earn lease revenue, and the Funding Agreements specified that lease revenues would be allocated into three categories: current land management, land acquisition, and an Endowment; and
WHEREAS, since 2009 the District has received $5.02 million in lease revenues in its ‘259’ fund while spending just over $2.86 million on the operation and management of Preserve Lands, leaving a balance of over $2.16 million in Fund 259; and
WHEREAS, staff recommends entering into the Lease Revenue Allocation Agreement to establish terms for allocating lease revenue to 1) ongoing parkland management, 2) acquisition, and 3) an Endowment that will provide funds to the District after the year 2037 for managing the Preserve Lands;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District authorizes executing a Lease Revenue Allocation Agreement with the East Contra Costa County Habitat Conservancy that establishes three lease revenue allocation categories, divides the balance of lease revenue collected through June 30, 2020 and future lease revenue based upon certain percentages; and
BE IT FURTHER RESOLVED, that the Board of Directors authorizes transferring funds to the preliminary acquisition project account with an initial allocation of $525,875 of lease revenue transferred from the District’s Fund 259 to be held by the District and used for the acquisition of real property rights in the HCP plan area; and
96 BE IT FURTHER RESOLVED, that the Board of Directors authorizes the District to appropriate from the District’s Fund 259 an initial deposit of $1,103,556 of lease revenue to the East Contra Costa County Habitat Conservancy for establishment of the Endowment to be held by the Regional Parks Foundation and make future annual transfers of a portion of lease revenues to the Endowment; and
BE IT FURTHER RESOLVED that the General Manager, or designee, is hereby authorized and directed, on behalf of the Park 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 6th day of October, 2020 by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
97 East Contra Costa County Habitat Conservancy Lands Properties Jointly Aquired by District and Conservancy
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}4 }160 PITTSBURG OAKLEY
ANTIOCH BIG BREAK CONTRA SHORELINE CONCORD LOMA KNIGHTSEN CONCORD 1 HILLS BLACK DIAMOND 5 MINES CLAYTON DEER DELTA 2 VALLEY ACCESS 6 CLAYTON 7 DIABLO RANCH FOOTHILLS BRENTWOOD WALNUTCREEK
DISCOVERY BAY
MOUNT DIABLO ROUND STATE PARK BYRON VALLEY 3 MORGAN ALAMO TERRITORY
VASCO 11 HILLS 4 8 BYRON LOS VAQUEROS VERNAL RESERVOIR POOLS BLACKHAWK DANVILLE SYCAMORE 10 VALLEY VASCO 9 CAVES
TASSAJARA
BISHOP RANCH ¨¦§680 S A N R A M O N Y UNT BRUSHY CO STA PEAK CO TRA Y 205 ON UNT ¨¦§ C CO DOOLAN DA ME CANYON ALA DUBLIN DUBLIN HILLS 580
¨¦§ 9/17/2020 O:\GIS\CMcKaskey\Projects_2020\ASD\Planning\hcp_LeaseRevenue\Delete\HCP_LeaseRevenue.mxdDate: # Acquisition Name Year Acres Lease Type # Acquisition Name Year Acres Lease Type 1 Affinito 2011 116.49 Residential Lease 7 Roddy Home Ranch 2017 40.0 Residential Lease 2 Austin-Thomas 2011 852.33 Telecom Lease * 8 Souza II 2009 190.56 Residential Lease * 3 Galvin 2013 111.95 Residential Lease 9 Souza III 200 1021.0 Telecom and Wind* Leases 4 Martin 2010 232.41 Residential and Telecom Leases 10 Souza-Gramma's Quarter 2010 157.0 Wind Lease 5 Nunn 2015 645.95 Agricultrual Lease 11 Vaquero Farms 2011 319.93 Residential Lease Lease Terminated * 6 Roddy Golf Club 2018 230 Telecom Lease 98 * Page Left Blank Intentionally
99 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM
NEW APPROPRIATIONS BUDGET TRANSFERS Appropriate from Measure WW X Between Funds X From Fund Balance Between Projects
DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: ECCC HCP Properties - Account Name: Revenue: Capital - Non- NonDepartmental - Administrative Departmental - Administrative Dept - Location - Transfer Out Transfer In -Future Preliminary Acquisition - Land Habitat Conservation Plan - Revenue
Account: 259-9110-000-9980 $ 525,875.00 333-9110-000-3981-230000LHCP-000 $ 525,875.00 Account Name: Expense: ECCC HCP Properties-ASD Administration - Administrative Location - Payments to Other Agencies
259-7010-000-8902 $ 1,103,556.00 REASON FOR BUDGET CHANGE ENTRY: As being presented at the Board of Directors meeting on October 6, 2020 the General Manager recommends that the Board of Directors authorize the appropriation of funds from the East Contra Costa County HCP Fund to the Future Preliminary Acquisition Project (230000) and a payment to the ECCCHCP to be used for the establishment of an endowment to manage HCP properties, to be held by the Regional Parks Foundation.
Board of Directors Resolution Number: 2020-10- Posted By: Date: 10/6/2020 Signature
T:\BOARDCLK\BOARD MATERIAL\2020\17 - October 6, 2020\S DRIVE\D-2-b 3 Budget Change form HCP Endowment
100 BOARD AND STAFF REPORTS AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, October 6, 2020
D. BUSINESS BEFORE THE BOARD
3. BOARD AND STAFF REPORTS
a. Actions Taken by Other Jurisdictions Affecting the Park District (Doyle)
Contra Costa County Transportation Authority – State Route 4 Mokelumne Trail Bike /Pedestrian Overcrossing
On September 16, 2020, the Contra Costa County Transportation Authority authorized the Chair to execute an agreement with the East Contra Costa County Habitat Conservancy (Conservancy) for the State Route 4 Mokelumne Trail Bicycle/Pedestrian Overcrossing in the amount not-to-exceed $59,877 for mitigation of project impacts to habitat related to endangered and threatened species. The project will construct a pedestrian and bicycle bridge that spans Highway 4 – closing a gap along the Mokelumne Trail and will provide safe access for bicyclists and pedestrians. The Mokelumne Trail runs from the Martinez Regional Shoreline to the north and Oakland/Jack London Square shoreline in the west. The eastern boundary is in Antioch where the Delta meets the San Francisco Bay, and Brentwood near the Contra Costa - San Joaquin County border. The existing Mokelumne Trail in the overcrossing project area is part of the larger Mokelumne Coast to Crest Trail, identified as a potential Regional Trail in the Park District’s Master Plan. When completed, the trail would connect six counties across California from the East Bay to the Sierra Nevada Mountains. An agreement with the Conservancy is necessary for the implementation of the Conservancy’s Habitat Conservation Plan/Natural Community Conservation Plan. The next Conservancy Board meeting is expected to occur on October 16, 2020. The agreement must be executed by both parties prior to the start of construction, which is anticipated to begin in early 2021.
101 GM COMMENTS AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, October 6, 2020
D. BUSINESS BEFORE THE BOARD
4. GENERAL MANAGER’S COMMENTS
STAFF PRESENTATION Chief of Government and Legislative Affairs Erich Pfuehler and Legislative and Policy Management Analyst Lisa Baldinger will be presenting Park and Public Interest and Covid-19 Survey Results.
GM COMMENTS OPERATIONS Interpretive and Recreation Services Department Community Outreach On August 1, Mobile Education staff led a virtual Stay Healthy in Nature Everyday campfire program at Anthony Chabot for 10 participants.
North/West Region Coyote Hills: On September 1 and 2, staff conducted the first three virtual field trips of the school year. To date, staff has scheduled nearly 70 school programs through the end of the calendar year.
Crab Cove: Between July 30 and September 2, staff produced five videos, including three Natty’s Corner videos and two promotional videos for Coastal Cleanup 2020. Staff also created content for teacher education bundles and the National Association of Interpretation Conference Monarch Butterfly Poster Session.
Mobile Education: On August 1, staff, along with outdoor recreation and YES Nature to Neighborhoods participants, conducted a socially distanced scavenger hunt for 11 Adventure Crew/Richmond Rangers.
Outdoor Recreation: On August 12, staff recorded an Intro to Saltwater Fishing and Squid Creature Feature video at Tidewater Boating Center.
Tilden Nature Area: During the week of August 10, staff joined 13 campers online for virtual Little Farm camp. Staff led children in activities including farm crafts, baking with garden vegetables, and steer roping.
102 South/East Region Big Break Visitor Center: From July 30 to September 2, staff published 32 Facebook posts, reaching a total of 22,488 views.
Black Diamond: On August 1, staff conducted a community Family Fun Night at Contra Loma for 46 people. Each family group of a maximum of six individuals reserved a time slot in advance and practiced social distancing for the duration of the event.
On August 21, staff conducted a virtual Women in Coal Country program that was streamed live to Facebook with 55 people in attendance.
Community Services & Volunteers: On August 30, staff launched the newly formatted Coastal Cleanup event Clean the Shore from your Front Door campaign using social media platforms to announce the event and the District’s website for registration.
Sunol: On August 28, staff launched a virtual hike in partnership with the National Park Service for the Eugene O’Neill Festival. To date, it has reached 6,031 people on Facebook.
Park Operations Department Delta Unit Old Moraga Ranch Trail/Contra Costa Trails: In August, park staff partnered with the California Conservation Corps on the Old Moraga Ranch Trail in Moraga. Over a four-day period, crews worked together on a trail improvement project to open a 10-foot-wide span for more than a half mile of trail leading to the EBMUD watershed trail network. A remote-controlled mower was utilized to mulch and recycle over 4,000 pounds of green waste into the landscape.
Interpretive Parklands Unit Black Diamond Mines: During the weeks August 17 and 24, staff installed 60-plus feet of new steel water pipe across underground bridges to replace the temporary flexible lines installed 12 years ago.
Black Diamond Park: In August, Park Operations staff worked on the Stewartville Trail entryway improvement project at Fredrickson Lane. Old wood fence posts and railings were removed, and steel posts and a new information panel were installed.
Parkland Unit Tilden: In August, staff mowed sections of Grizzly Peak Trail with a remote-controlled mower for fuel abatement projects. District Fire Department staff provided in-house training for park rangers on the use of the new equipment.
Wildcat Canyon: During the weeks of August 10 and 17, Park and Roads and Trails staff worked together to replace a failed culvert and restore the surface of Havey Canyon Trail. The project will allow the water to be diverted off and under the trail surface, preventing future trail erosion.
103 Shoreline Unit Judge John Sutter Regional Shoreline: In August, staff attended a Caltrans training on the storm water lift station, sewer system, power pedestal, and lighting at the new day use parking area. These systems are in addition to the new bathrooms and will be instrumental in diverting water out of the parking lot area through the occurrence of winter storms.
Lakes Unit Coyote Hills: On August 31, the park had a five-acre grass fire just above the Visitor Center. The City of Fremont Fire Department and the District Fire Department staff responded to extinguish the fire. Fortunately, the grazing sheep had just exited the area prior to the fire and had consumed a significant portion of the fuels load. The fire was extinguished by 7:30 p.m. and there was no infrastructure damage.
Recreation Areas During the month of August, staff worked on weed abatement, park repairs, rehabilitating irrigation, trail maintenance and improvements, invasive plant removal, repairing trail gates, and clean-ups of homeless encampments.
Maintenance and Skilled Trades Department (MAST) Roads and Trails In mid-August, crews began Trails Creeks and Ponds work. When the fires started, staff were re- directed to assist District Fire Department staff to harden defensible space around critical structures and assets in Del Valle and Camp Arroyo.
Sanitation Crews coordinated the installation of two CXT vault toilets at Volmer Peak and Garin Park to accommodate the increasing number of park visitors amidst COVID-19 associated restroom closures.
Pavement Maintenance and Preservation Program (PMPP) This year’s paving started with the removal and replacement of 0.6 miles of shoreline trail at Crown Beach. Major paving is currently taking place at Temescal, the Iron Horse Trail in Walnut Creek, Alameda Creek Trail, and Delta DeAnza Trail. Significant work on the Lafayette-Moraga Trail is scheduled for completion by the end of September.
Small Trails In partnership with the District Fire Department, the Student Conversation Association received First Aid and CPR training and chainsaw training which was promptly utilized to assist with the cleanup of hazardous trees from the recent fires. Additionally, the trails crew is helping with mitigation work including knocking down bulldozer berms and felling/bucking hazardous trees at Del Valle and Camp Arroyo.
104 North County Trades Unit Crews completed the restroom renovation at Lake Anza, creating ADA-compliant restrooms. ADA improvements to the restrooms and pathways at Point Isabel are near completion. The Vasco Flag Barn has been stabilized with interior bracing. A new epoxy flooring has been applied in the concession area at the Tilden Merry-Go-Round. Currently, the exterior support columns at the Merry-Go-Round are being replaced. Staff has started work on the Redwood Schoolhouse restroom remodel and laundry room addition for Fire Station 2.
South County Trades Unit Crews completed the concrete foundation and framework for the greenhouse at the Meyers Garden. The restroom renovation and sewer line replacement at Public Safety have been completed. ADA improvements are in progress at Anthony Chabot campsite 61 and at the new CXT restroom at Coyote Hills. Windows have been replaced at the Lake Chabot residence, the Garin Lot residence has received various repairs and fresh paint, and Low Landers Pavilion at Little Hills is being renovated.
Water Utilities Crews completed repairs to the Miller-Knox Bay Water Lagoon pumping system and replaced four underwater irrigation pumps at Contra Loma. Staff also replaced two high voltage power poles, crossarm insulators, transformers, and conductors on Remington Loop.
Staff continues to provide oversight and operational management of the water treatment plant renovation at Del Valle. Crews are coordinating the fabrication of custom RV electrical pedestals for Anthony Chabot RV sites 5-8, currently the pedestals for sites 9-12 are being built.
105 BOARD COMMITTEE REPORTS AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, October 6, 2020
D. BUSINESS BEFORE THE BOARD
6. BOARD COMMITTEE REPORTS
a. Board Executive Committee (08/06/2020) (Corbett)
Participants (Via Video Conference):
Board: Committee Chair Ellen Corbett, Dee Rosario, Ayn Wieskamp (via teleconference)
Staff: Dr. Ana Alvarez, Becky Pheng, Carol Victor, Kristina Kelchner, Anthony Ciaburro, Brian Holt, Devan Reiff, Katherine Dudney, Steve Castile, Debra Auker, Erich Pfuehler, Rachel Arbios
Public: Members of the public were able to access the meeting via live video stream.
The May 7, 2020 Board Executive Committee meeting was held via video conference pursuant to Governor Newsom’s Executive Order No. N-29-20. Committee Chair Ellen Corbett called the meeting to order at 12:44 pm.
1. Roll Call
Becky Pheng, Recording Secretary, conducted a roll call of Board Executive Committee members and staff.
2. Concord Hills Regional Park Naming Information
Devan Reiff, Principal Planner, presented an update on the naming recommendation for the future park in Concord. At the May 7, 2020 Board Executive Committee meeting, the Committee directed staff continued to consult with native peoples of the East Bay and their tribal leadership regarding a name for the future park.
With the assistance of former Park District Cultural Services Coordinator Dr. Beverly Ortiz, Park District staff started with a list of contacts from the California Native American Heritage Commission, which included federally recognized tribes and tribal entities. From that larger list, staff was able to speak with nine tribal entities, including: • Association of Ramaytush Ohlone • California Indian Water Commission
106 • Confederated Villages of Lisjan • Costanoan Rumsen Carmel • Him.re-n of Ohlone, Bay Miwok and Plains Miwok • Indian Canyon Mutsun Band of Costanoan People • Muwekma Ohlone Tribe • Ohlone Indian Tribe
Park names suggested by tribal leaders fall into two categories: 1. Name that honors and recognizes the people for whom Concord, and this side of the mountain, was the ancestral homeland. Suggested names include: “Costanoan/Bay Miwok Regional Park,” “Chupcan Territory Regional Park,” “Chupcan Regional Park” and “Chupcan/Bay Miwok Regional Park.” 2. Name that uses words in Bay Miwok languages to honor and recognize the land where the tribal ancestors lived, such as “Fighting for the high ground” into a Bay Miwok dialect; or, other phrases which honor the spirit of the place.
Staff will continue to reach out to other tribal entities. A naming recommendation will be brought back to the Committee on September 3, 2020 for review and consideration.
Director Rosario thanked Mr. Reiff for his work and the extensive process involved in the naming recommendation. Chair Corbett commented about the military history in the area, and liked the various naming options presented including the Bay Miwok dialect or phrase to honor the spirit of the place. She also appreciated the extensive process undertaken by staff.
Mr. Reiff thanked the tribal leaders who spoke with him, and noted that there will be other opportunities for tribal participation as the project moves forward.
Recommendation: This was an informational item.
3. 2020 Performance Plan Mid-Year Update
Deputy General Manager Dr. Ana Alvarez introduced this agenda item. The Performance Plan (“Plan”) shows the Park District’s commitment to mission delivery with an emphasis on measureable results and public transparency. The 2020 Performance Plan was adopted by the Board in December 2019. The framework for the Plan focuses on eight goals derived from the 2013 Master Plan. The COVID-19 pandemic has been largely responsible for the delay in achieving objectives as work priorities have shifted in order to prioritize the Park District’s response to the emergency.
Katherine Dudley, Management Analyst, summarized the eight goals and objectives. Highlights include: • Beginning McCosker Creek Restoration. • Initiating Jewel Lake Feasibility Study. • Creation of a COVID-19 SharePoint site for employees. • Initiation of Summit online training system. • Peralta Oaks North study and design.
107 • Construction of Interpretive Pavilion at Shadow Cliffs. • Installation of exhibits at the newly-renovated Del Valle Visitor Center. • Planning for future finances of the Park District. • Fuels management education campaign. • COVID-19 safety outreach campaign. • Recruitment of bilingual parks ambassadors.
Chair Corbett inquired if surveys have been undertaken recently to identify park user preference in specific communities. Erich Pfuehler, Chief of Government Affairs, responded that a survey was conducted last year to identify park user interests, and that data was made available to the Board and public. Staff is looking at undertaking more specific trail user surveys after the COVID- 19 pandemic when human to human contact is permissible. Director Rosario emphasized the importance of collecting trail user data. He complimented staff on their work especially during the COVID-19 pandemic.
Director Wieskamp joined the meeting via teleconference. The Committee requested that staff provide more information on the bilingual ambassadors program. Dr. Alvarez responded that staff will provide an update to the full Board at a future meeting. Director Wieskamp expressed her concerns about airflow at Peralta Oaks and the new Peralta Oaks North Building given COVID-19. Kristina Kelchner, Assistant General Manager for Acquisition, Stewardship & Development, responded that the consultant will consider COVID-19 as part of the design process for the Peralta Oaks North Building. Debra Auker, Assistant General Manager for Finance & Management Services, responded that staff works closely with the consultant to monitor the HVAC system, and that the Peralta Oaks Building has an extensive air filtration system. Dr. Alvarez acknowledged staff for all their work and dedication in carrying out the mission of the Park District. The Committee thanked Ms. Dudney for her work on the performance plan.
Recommendation: This was an informational item.
4. Open Forum for Public Comments
Kelly Abreu submitted a public comment via voicemail about the future property tax revenue over the next five years.
5. Board Comments
Director Wieskamp missed agenda item no. 2 and asked staff for a summation of the presentation and discussion. Mr. Reiff provided a short summary. Director Wieskamp also thanked staff for all their work on the Performance Plan.
Director Rosario also thanked staff for their work on the Performance Plan and their ability to be flexible during COVID-19. He also inquired about future agenda items including review of public safety policies and Board resolution to save the bees.
108 Chair Corbett also commented how impressed she is with staff’s work and thanked Mr. Reiff for his work on the Concord naming recommendation. She also noted that the Board requested a review of public safety policies and would like to see that item brought forward a future meeting.
6. General Manager Comments
None.
There being no further business, Committee Chair Corbett declared the meeting adjourned at 2:15 pm.
Respectfully submitted,
Becky K. Pheng Legal Assistant
109 AGENDA REGULAR MEETINGS BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
October 6, 2020
D. BUSINESS BEFORE THE BOARD
6. BOARD COMMITTEE REPORTS
b. Board Legislative Committee (08.21.2020) (Waespi)
Present
Board: Dennis Waespi, Beverly Lane, Elizabeth Echols
Staff: Robert E. Doyle, Erich Pfuehler, Lisa Baldinger, Yulie Padmore, Debra Fuller, Rachel Sater, Debra Auker
Consultants: Doug Houston, Peter Umhofer, David Mermin, Jacklyn Juetten
Public: N/A
This meeting was called to order at 12:30 pm.
Items to be discussed:
I. PARK AND PUBLIC INTEREST SURVEY COMMUNITY ENGAGEMENT PROJECT UPDATE Chief of Government and Legislative Affairs Erich Pfuehler and Legislative and Policy Management Analyst Lisa Baldinger presented findings of a recent N=500 scientific survey conducted by Lake Research Partners from July 27 – July 30, 2020. Consultants gave their impressions and answered, along with staff, questions from the Board Members and General Manager.
II. STATE LEGISLATION / OTHER MATTERS A. NEW LEGISLATION – RECOMMENDED BILLS FOR SUPPORT 1. AB 2371 (Friedman D-Glendale) – Climate Resilience Science Advisory Team Legislative Advocate Doug Houston stated AB 2371 and SB 1320 work hand in glove. Both bills infuse science based quantitative data into decision-making models associated with climate change expenditures and planning. AB 2371 creates a new science advisory team within the Office of Planning and Research (OPR) to inform decision making. This bill is in response to a paucity of science and scientific minds associated with these activities. It recognizes the need for a more robust presence by the scientific community to better inform policy decisions.
2. SB 1320 (Stern D-Canoga Park) – California Specific Climate Change Assessment Houston continued with AB 1320 adding OPR has been developing climate change assessments nearly every five-years, although it is not required to do so. This bill would create a law requiring OPR to conduct an
110 assessment every five years.
The motion to support AB 2371 and SB 1320 passed unanimously.
B. NEW LEGISLATION – RECOMMENDED BILLS FOR WATCH 1. SB 1349 (Glazer D-Orinda) – Contra Costa County Tax Increase Authority Houston shared SB 1349 would allow Contra Costa County to exceed sales tax limitations by 0.5% in order to implement their Healthy and Safe Contra Costa programs. Such programs could include funding for East Contra Costa Fire, Contra Costa’s regional hospitals and “safety net” services. Pfuehler added a vote by the Board of Supervisors is scheduled for today, but predicted the final vote will be extended until August 31st.
Motion to watch passed unanimously.
C. OTHER STATE MATTERS 1. State Budget Houston explained due to Covid-19, it is anticipated between last year's budget and this year’s, the state will have a $54 billion deficit. If the Federal Government helps states with an additional stimulus package, it may mitigate some of the negative impacts. During the May revisions, the Governor took a frugal route cutting a number of programs and proposals under the resources category. The good news is the legislature restored the programs with the Governor's blessing, including $20 million available for nature education programs from AB 209. The Park District and the Regional Parks Foundation will be eligible to apply and compete for some of those funds. The initial budget proposed a $20 million one-time allocation for the acquisition and development of a new California state park. Ultimately, the $20 million was reduced to $5 million. In the Governor’s original budget, he also proposed reallocating Habitat Conservation Funds (HCF), about $30 million annually, for habitat improvement and land acquisitions. Those monies were to be directed to the Secretary's biodiversity program within California Department of Fish and Wildlife. The idea was dismissed by the legislature, so the HCF program continues to live on. The legislature is working with the administration on the budget trailer bills. In the spirit of economic stimulus, they are looking to expedite the release of Proposition 68 dollars. Instead of waiting, they want to front load those dollars to be available to parks for competitive programming and for improvements in the state park system.
2. Hertzberg-Ting Job Stimulus Package Houston continued District staff has worked diligently, independent of and in concert with a number of coalitions, to advance legislation for a Park Resources Bond. There were two separate vehicles, SB 45 and AB 3256, but because of the impacts of Covid-19 on the Governor’s budget, a new bond was not a priority. Next year, with all the advanced work having been done, templates have been created by SB 45 and AB 3256. They can be referenced as a starting point in 2021. Pfuehler expanded it is important for the District to stay engaged. It is the beginning of a conversation about green infrastructure, civic corps jobs, funding for the Coastal Conservancy Program and the San Francisco Bay Restoration Authority. Staff expects to receive information back from Beacon Economics about jobs by the end of the month. The report will use an algorithm to predict the number of jobs future projects will create. Once finalized, the information can be shared with legislators about the importance of a bond to stimulate the economy and the importance parks play in the effort. Houston has been working on the bond as part of the statewide coalition. Baldinger has been working through TOGETHER Bay Area. Additionally, Pfuehler is on the Executive Committee of the statewide coalition. Although the bond most likely will not make it this year, it has been important to have the District’s voices in the room. Once it was clear the bond efforts were stalled, the coalition began working on a job stimulus package led by Senator Hertzberg and Assembly Member Ting. The idea would
111 be allowing California residents to make future tax payments now to create a surge in revenue to be spent on green infrastructure projects. This idea also appears to be stalling.
3. Statewide Ballot Measure Overview Pfuehler shared staff is tracking the statewide propositions. Houston added they are qualified ballot measures for November. Director Elizabeth Echols asked about Proposition 15 as it is one of the hottest issues this year. Assistant General Manager and Chief Financial Officer Debra Auker added staff is having the District’s property tax consultants provide information about Proposition 15 to understand what it would mean to the District. Staff should have the information in September.
4. Other Matters None
III. FEDERAL LEGISLATION / OTHER MATTERS A. NEW LEGISLATION - RECOMMENDED BILLS FOR SUPPORT 1. H.J.Res. 79 (Speier D-CA) – Deadline Removal for the Ratification of the Equal Rights Amendment Pfuehler explained H.J.Res. 79 would remove the deadline for ratification of the Equal Rights Amendment (ERA). If the deadline were removed, there is a possibility the ERA would be approved. The District has a commitment to diversity, equity and inclusion. It is worth supporting this resolution.
2. H.R. 7264 (Neguse D-CO) – 21st Century Conservation Corps for Our Health and Our Jobs Act Pfuehler explained the 21st Century Conservation Corps for Our Health and Our Jobs Act is similar to legislation the District considered earlier by Senator Ron Wyden of Oregon. The dollar amount has been reduced in order to draw more support, but it is similar in terms of advancing the Conservation Corps, providing funding for wildfire mitigation and the forest service, as well as funding for concessionaires. Legislative Advocate Peter Umhofer added if there is additional legislation at the start of the New Year related to infrastructure and stimulus, the Conservation Corps could be part of the package. Additionally, the Great American Outdoors Act and Land Water Conservation Fund passed, which will allow some stakeholders to shift their attention to supporting Conservation Corps legislation.
3. S. 3964 (Coons D-DE) – Cultivating Opportunity and Response to the Pandemic through Services (CORPS) Act Pfuehler stated SB 3964 is revised legislation introduced earlier by Senator Chris Coons. In order to acquire more bipartisan support, he reduced funding and the number of new corps positions. The bill is very similar to H.R. 7264 with a bit broader reach and more rural programs including AmeriCorps.
4. S. 4273 (Harris D-CA) and H.R. 7585 (DeSaulnier D-CA) – Expanding Rosie the Riverter/World War II Home Front National Historical Park Pfuehler provided S. 4273 and H.R. 7585 would expand Rosie the Riveter/World War II Home Front National Historical Park. The way the legislation is written would allow for added expansions without having to go back to Congress.
The motion to support H.J.Res. 79, H.R. 7264, SB 3964, S. 4273 and H.R. 7585 passed unanimously.
B. NEW LEGISLATION – RECOMMENDED BILLS FOR WATCH 1. N/A
112 C. OTHER FEDERAL MATTERS 1. Federal Response to Covid-19 and Federal Relief Funding Umhofer mentioned the House of Representatives will vote on the funding needs of the postal service and to prohibit changes requested by the postmaster general. As a result, there are 117 House of Representative Members who have written to the Speaker asking to vote on unemployment insurance benefit extension as well. There is increasing pressure for White House leadership to come back to the table and reach an agreement on a Covid-19 relief package. Senate Republicans have put forward a $500 billion bill with zero money for state and local aid, including special districts. In the last four weeks, there have been discussions about $900 million to $1 trillion for state and local aid from Democrats. There seems to be increased pressure on the House, Senate and White House to come back to the table in September to reach an agreement due to country wide need. A special district bill was introduced in the Senate. It has bipartisan support. There are growing conversations by Republicans and Democrats with their leadership in support of making sure special districts are eligible for state and local funding. The need is great for a national special district association. This has been an illustrative moment to show special districts’ presence and footprint across the country. Their collective voice needs to be organized. Director Dennis Waespi reinforced stating a national organization is needed. Umhofer expanded Senator Feinstein and Senator Harris have stepped up to help Senator Sinema of Arizona and Senator Cornyn of Texas. Senators Sinema and Cornyn are the bipartisan leaders of the Senate special district bill similar to the bill introduced by Representative Garamendi. There is momentum and collective effort. Pfuehler added the California Special District Association (CSDA) has been hosting a weekly call for special districts as essential. Given the polling seen earlier today and back in May – the District needs to say parks are essential. Acting Legislative Assistant Yulie Padmore added she participates on the special district calls. The District had a coalition meeting with the CSDA group this morning. They are asking for drafted proposed guidelines on allocation and methodology. They are seeking feedback from special districts. Additionally, they are requesting a report regarding revenue and losses which the District will provide in September.
2. Update about S. 4308 (Sinema D-AZ) and H.R. 7073 (Garamendi D-CA) – Special Districts Qualifying for Coronavirus Relief Fund Umhofer stated staff and the Board has reached out to communicate with the delegation and continue to make the case urging conversations with leadership. This is a real-time conversation about the emergency relief bill. The need is great to continue to be front and center.
3. Land and Water Conservation Fund / Great America Outdoors Act Umhofer said the Great American Outdoors Act and permanent full funding for the Land Water Conservation Fund were signed into law. The National Park Service is beginning implementation. Pfuehler provided the Grants Department estimates the state would receive between $26 to $28 million annually in the Land and Water Conservation Fund’s stateside competitive grant program for which the Park District has historically favorably competed. D. ARTICLE No comment E. OPEN FORUM PUBLIC COMMENT An email was received from Hayward resident David Garcia requesting the addition of adult calisthenic equipment in the parks. Director Waespi asked the email to be forwarded to him for response.
IV. BOARD COMMENTS
This meeting adjourned at 2:34 PM.
Respectfully Submitted:
113 Debra Fuller Confidential Secretary
114 NEWSCLIPS 115
Weighing August Vollmer's tarnished legacy: Should his name be scrubbed from peak? Berkeley wants his name erased from nearby landmark By Mike Moffitt, SFGATE Updated 11:07 am PDT, Monday, September 28, 2020 Photo: Bettmann/Bettmann Archive In 1929, when this photo was taken, Berkeley Police Chief August Vollmer was already known internationally for his contributions and innovations in the field of criminology.
Vollmer Peak, the highest point on a ridge adjacent to the Berkeley Hills, is named for August Vollmer, the City of Berkeley’s first police chief.
Berkeley honored the chief with the tribute in 1940. Now the city wants to strip the landmark of its namesake.
Earlier this month, the City Council urged the East Bay Regional Park District to rechristen the peak, which lies within park borders.
Vollmer has been called “the father of modern law enforcement.” He pioneered criminal justice as an academic field, and his reforms and innovations were adopted by many other departments across the country. But, like many historical figures, he had a dark side.
A heroic act propelled Vollmer into police work at a young age. He was working his mail route when he noticed a flatcar that had broken loose from a rail siding on Shattuck Avenue. He leapt onto the car and pulled its brake only seconds before it could crash into the crowded Berkeley Station platform and the trains stopped there. The act of bravery led to a successful run for town marshal.
In the early 1900s, the “Boy Marshal” smashed gambling rings and opium dens, cracked down on prostitution and hunted international criminals. He coordinated the emergency housing and care in Berkeley for 20,000 refugees left homeless by the Great 1906 San Francisco Earthquake.
After being appointed Berkeley’s chief of police in 1909, he overhauled the department’s primitive record systems and installed call boxes across the city to improve police response times. He was the first to put patrolmen on bicycles — and later in cars and on motorcycles. He incorporated technological advancements in fingerprinting, lie detectors, crime labs and radio communication into the department.
According to the biography “August Vollmer: The Father of American Policing” by Willard M. Oliver, some of Vollmer’s officers complained about having to work with a “Negro” after the department hired its first Black policeman in 1919. The chief told them to leave their badges on his desk on their way out.
116 Vollmer’s vision of how a community should be policed stands out as particularly exemplary, even if few departments embrace his attitudes today. He once explained it to a group of officers, according to his protégé O.W. Wilson (per Oliver):
“You prevent people from doing wrong; that’s the mission of a policeman. I’ll admire you more if in the first year you don’t make a single arrest. I’m not judging you on arrests. I’m judging you on how many people you keep from doing something wrong. Remember, you’re almost a father confessor; you’re to listen to people, you’re to advise them.”
Vollmer thought force should only be used in self-defense and deadly force only as a last resort. During his career he was shot at, knifed and bludgeoned; only once did he find it necessary to shoot a man to death. He treated lawbreakers with respect and protected those in police custody from abuse. Unlike most chiefs of his era, he banned his officers from “the third degree” — torture to induce confessions.
After Pearl Harbor, he lobbied for humane treatment of Japanese immigrants and Japanese-Americans interred in prison camps.
That’s the “good” Vollmer — tough but compassionate, morally upright, driven to innovate and improve, a staunch defender of the law but protective of basic human rights.
But there’s another side. Vollmer studied eugenic theories and thought they should be part of the criminology curriculum he established at UC Berkeley in 1916. Courses taught how heredity and racial degeneration contributed to crime.
In one essay, he writes about what could be done to prevent “defectives from producing their kind,” which he felt would reduce the crime rate. He joined the American Eugenics Society in 1924.
Drawing from his experience while serving in the Philippines during the Spanish- American War, Vollmer organized mobile units to respond to robberies as if they were insurgent strikes. He applied military tactics to police work and believed that they could be highly effective against crooks and “the enemies of society.”
While Vollmer would be unlikely to support the current trend of paramilitarization of police forces, he nonetheless had a hand in seeding it.
A letter from Berkeley City Council to the East Bay Regional Park District argues that Vollmer “perpetuated racism through his participation in eugenics societies and the inclusion of eugenics and other racist philosophies in his criminology school’s curriculum.”
EBRPD spokesman Dave Mason said in an email to SFGATE that Vollmer Peak was named to honor Chief Vollmer’s service as a founding member and longtime board director of the park district, not because of his accomplishments in the field of police work.
“The Park District has an extensive protocol process for the naming and renaming of parks and trails, which includes research using historical archives, the local park’s land use plan, and public engagement and transparency, including the Park Advisory
117 Committee and formal Board review and action," Mason wrote. "Once the City of Berkeley request is received, the Park District will schedule it for discussion at an upcoming Board meeting or subcommittee meeting, and determine whether potential renaming is of interest.”
While commonly thought to be in the Berkeley Hills, the 1,906-foot peak is actually part of the adjacent San Pablo Ridge near Tilden Park in Orinda. It was formerly called Bald Peak.
118
Park It: Some reminders for enjoying fall in the East Bay parks Due to pandemic, more people visiting for safe and much-needed exercise By NED MACKAY | East Bay Regional Park District PUBLISHED: September 27, 2020 at 5:00 a.m. | UPDATED: September 27, 2020 at 6:02 a.m. Aric Crabb/staff archives A pedestrian walks along Bollinger Canyon Road last fall in San Ramon. With generally clear weather after summer’s heat has passed, autumn is always a good season in the East Bay Regional Park District. Fall colors should start arriving on trees soon as Bay Area temperatures cool down.
Autumn is always a good season in the East Bay Regional Park District. The weather is generally clear and the heat of summer has abated. There are even some fall colors, though the displays are not as vivid as in New England, for example.
These times have been especially busy. The coronavirus pandemic has limited other forms of recreation and largely restricted socializing to immediate family and household members. As a result, more people have visited the parks for safe and much-needed exercise.
So here are a few reminders. When you visit the parks, please pack out any trash you generate. Especially in the back country, you won’t find trash receptacles, and it’s hard for the rangers to cover all the territory. Plastic water bottles and aluminum cans are easy to carry back and recycle at trailhead bins. And please don’t discard citrus peels along the trails. The peels don’t biodegrade quickly, and the animals don’t snack on them either.
Common courtesy helps everyone to have a more enjoyable experience. On the trails, hikers and cyclists are supposed to yield the right-of-way to equestrians, and cyclists are supposed to yield to pedestrians. With some exceptions, which are signed on the trails and marked on the maps, bicycles are supposed to stay on the wider trails and fire roads. The speed limit is 15 mph. Of course, regardless of who has the right-of-way, it’s always nice to accommodate other trail users when circumstances make it appropriate.
Dogs should be under their owners’ control, which means the pooch will come when called. The dogs are supposed to be on leash on the paved trails such as the Iron Horse and Contra Costa Canal trails in the Diablo/San Ramon Valley. And dogs must be leashed when cattle are nearby.
Coronavirus precautions are still in effect. Please maintain social distance of at least 6 feet and have a mask available to wear when closer contact can’t be avoided. And please don’t visit the parks in large, organized or meet-up groups. The coronavirus remains a threat until vaccines become generally available.
119 As mentioned in my previous column, several parks have been reopened that were closed because of recent wildfires. So limited day use, camping and boating are back on the agenda at Del Valle Regional Park south of Livermore, Quarry Lakes in Fremont and Anthony Chabot and Lake Chabot in Castro Valley. Round Valley south of Brentwood, Morgan Territory east of Mount Diablo and Sunol/Ohlone Wilderness in southern Alameda County all remain closed due to impacts from the recent wildfires.
District picnic areas, barbecues and group campsites are closed in accordance with state and local health orders. No swimming is allowed at the park district’s designated swim facilities because of the pandemic. However, visitors can swim at their own risk at Crown Beach in Alameda and Keller Beach in Richmond, both on San Francisco Bay. Neither has lifeguard service.
You can get the full story on current regional parkland status by visiting the district’s home page at ebparks.org. “COVID-19 & Wildfire-Related Closures” is at the top of the page and all webpages. “Latest News” is under “All Notices” on the right side of the page.
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Illegal marijuana grow removed from East Bay regional park Approximately 2,000 pounds and 500 plants in Hayward’s Garin Regional Park eradicated By RICK HURD | [email protected] | Bay Area News Group PUBLISHED: September 25, 2020 at 3:52 p.m. | UPDATED: September 27, 2020 at 6:36 a.m. Illegal marijuana grow removed from East Bay regional park
HAYWARD — Bay Area authorities removed approximately 500 marijuana plants from an East Bay regional park Friday after coming upon it during a routine patrol earlier this week.
The East Bay Regional Parks police said they worked with the Alameda County Sheriff’s Office to remove approximately 2,000 pounds of marijuana from two separate places within Garin Regional Park. One site was about a quarter-acre and the other about one-tenth of an acre, regional parks police said.
Evidence also existed that about 500 additional plants were harvested in the illegal grow, police said. The removal began around 7 a.m. The area where the marijuana was found is rugged, according to authorities, and located in remote terrain. Authorities said they removed it because of the high fire potential.
Nobody was at the site when police discovered it, and no arrests were made, police said.
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Illegal marijuana grow operation found in Hayward's Garin Regional Park Published 3 days ago KTVU FOX 2 This photo shows the exterior of Garin Regional Park
HAYWARD, Calif. (KTVU) - Officers uncovered an illegal marijuana grow operation at a regional park in Hayward, authorities said.
Officers with the East Bay Regional Park District Police Department were on routine patrol of Garin Regional Park when they located the marijuana site.
Park officials said the illegal pot was found in rugged and remote terrain. Due to the high fire danger potential, officers had to act quickly to clear the area.
RELATED: Officer rearrested in theft of cash at California cannabis facility
Officers and Alameda County sheriff's deputies conducted a marijuana eradication operation and seized 500 plants, weighing almost 2,000 pounds.
Officials said evidence suggests that another 500 plants had already been harvested.
No one was located at the site.
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2K pounds of marijuana removed from illegal grow near Hayward by: Bay City News Posted: Sep 25, 2020 / 07:07 PM PDT / Updated: Sep 25, 2020 / 07:07 PM PDT
(BCN) – About 2,000 pounds of marijuana plants was removed Friday morning from a park just outside of Hayward, police with the East Bay Regional Park District said.
During a routine patrol by park police officers, the illegal grow was located around 7 a.m. in a remote area in Garin Regional Park at 1320 Garin Ave.
The marijuana was removed quickly because of the current high fire danger and no one was located. Police said no threat exists to public safety.
About 500 plants were removed from two sites and another 500 appeared to have already been harvested, according to police.
Copyright © 2020 by Bay City News, Inc.
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A Message from General Manager Robert E. Doyle Corps, Jobs, Wildfires, Smoke and Health Sep 24, 2020 The continued heavy pressure on park agencies as an essential service and limited staffing coupled with the out of massive control fires in the west is not sustainable without a greater investment in public lands stewardship
As one of the largest employers of youth in the East Bay, the East Bay Regional Park District supports recent Federal legislation to expand national service jobs programs. Two bills specifically will help large land management agencies, like the Park District, address the challenge of managing large urban forests safely to avoid catastrophic wildfire.
The Cultivating Opportunity and Response to the Pandemic through Service (CORPS) Act (referred to in an opinion piece on Sept. 4) and the 21st Century Conservation Corps for Our Health and Our Jobs bills will fund job corps teams in urban areas with high youth unemployment to assist with important and necessary work benefitting the community while receiving lifelong learning and marketable job skills.
In addition to fire-related funding in the 21st CCC legislation, the CORPS Act would help address the challenges experienced by park agencies during the pandemic. Given the limited options for essential outdoor activity, park visitation has surged well beyond the expected annual increase as observed over the last 86 years. The Park District continues to invest in the necessary work to keep parks open and safe for communities of the East Bay and greater San Francisco Bay Area.
Recent Park District commissioned surveying revealed 96 percent of East Bay respondents believe accessibility to parks and trails has been significantly important for maintaining the mental and physical health of East Bay communities during this pandemic. Additionally, 89 percent of respondents supported providing safe, outdoor jobs for youth.
The Park District has historically provided the largest number of jobs for youth in the East Bay at nearly 400 positions per year. Expanding national service opportunities through AmeriCorps and other programs can provide East Bay youth jobs for a variety of important functions. EBRPD is currently working with the Student Conservation Association to repair, maintain and improve the more than 1,330 miles of trails within the district’s trail network. Projects for the preservation of natural habitats and expansion of accessible recreation areas continue to move forward across the two-county jurisdiction – investing in the local economy and supporting a variety of jobs.
The work of the East Bay Regional Park District and East Bay communities would all directly and indirectly benefit from additional national service jobs.
When asked if parks are an essential service during a pandemic, 89 percent of respondents said yes. Parks have always been important, but never so much as now. Parks and other public lands have remained largely open during the pandemic and will still be there after COVID-19. Proper and ongoing stewardship of public lands, particularly with extreme weather and climate change, is as important now as ever and will continue to be more so in the future.
124 The CORPS Act and the 21st Century Conservation Corps legislation would benefit jobs, the economy, parks, and our communities at a crucial time.
Let’s invest in the health of our community and our young people by providing jobs -- environmentally, through parks and national service.
((ITAL))Robert Doyle is general manager of the East Bay Regional Park District. Doyle has been with the Park District since 1975 and has served as General Manager since 2011. The East Bay Regional Park District is the largest park district of its kind in the United States with 73 regional parks on over 130,000 acres of open space.((ITAL))
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Makeover for Delta Weed Patch & Salt Trap? By Joe Eaton
What began as a project to convert a submerged Delta island into habitat for endangered native fish has morphed into a multi- benefit package with additional payoffs for water quality and recreation. The collaborative design process for the Franks Tract Futures project brought initially skeptical local stakeholders on board and is being hailed as a model for future initiatives. Yet major uncertainties remain as interested parties explore the challenges of implementing a complex redesign of a big chunk of the Delta.
The proposed project would take a big shallow lake full of weeds, deepen some parts, fill in others with new lands and fish habitats, add beaches and recreational amenities, and stanch the spread of salt water from the ocean toward the South Delta export pumps.
Carl Wilcox of the California Department of Fish and Wildlife (CDFW) has taken on many large-scale ventures in his career, but none quite like this one. “This project is unique in my experience because it’s in the Delta and it’s transformational,” he reflects.
“You’re not just enhancing something that’s already there and functions to some degree,” Wilcox says. “You’re making a large-scale ecosystem change that alters negative ecological and hydrodynamic characteristics resulting from past alteration.”
Franks Tract (large water area) with Bethel Island in foreground and San Joaquin River over top. Photo: Christina Sloop
One of the largest and least subsided of the Delta’s flooded islands, 3,000-acre Franks Tract, probably named after dredge operator John C. Franks, was drained and converted to farmland between 1902 and 1906. Over the years, the levees around the Tract
126 repeatedly failed. Following a 1938 breach that flooded Franks Tract, no attempt was made to reclaim it.
Little Franks Tract, a 330-acre appendage west of the main Tract, flooded in 1982. After a stint as a Navy bombing range during World War II, the Franks Tract State Recreation Area became a popular boating and fishing destination for Bay and Delta residents, serviced by Bethel Island. Apart from this unincorporated community, there are few roads and little electricity around the edges of Franks Tract.
Over time, submerged aquatic vegetation — invasive species like egeria, water hyacinth, and water primrose — degraded Franks Tract. Boat propellers became tangled in the weeds. Chemical control was expensive and raised alarms about effects on fish. No one maintained the remnant levees along adjoining Piper and Shellmound sloughs. “If those go, waves will break on the Bethel Island shoreline and the marinas,” Wilcox says.
Navigable sloughs silted up. Sea-level rise loomed. “There were a lot of trends people were not happy with,” recalls UC Davis landscape architecture professor Brett Milligan. It became clear to some local residents that the status quo was unsustainable.
The status quo changed a little more abruptly in 2015 with construction of a temporary barrier across the False River to prevent salt water intrusion from ocean tides into the area of the water export pumps. “The barrier did what it was supposed to do from a water-quality perspective, but it had negative consequences for the Delta boating and fishing community and some of the neighboring island landowners because it changed the hydrology,” Wilcox says.
Jamie Bolt manages the Bethel Harbor marina, family-owned since 1972 with 85 in- water berths and dry storage for 400 more boats. “We were affected by the dynamics of water flow with the barrier,” she says. “It was inconvenient for our customers to get up to the Sacramento and San Joaquin rivers because of the closure of False River. One of the ways around it, Fisherman’s Cut, had such increased flows that it became dangerous. The Jersey Island ferry was caught in the current and damaged.”
Retired engineer David Gloski, who bought property on the island in 2000, lives half a mile from the barrier and recalls that it drew him into the planning process for improving Franks Tract. “My job is to keep this area an asset for myself and my neighbors,” he reflects. “Why don’t we try to figure out the best things we can get out of the whole process?”
Under the aegis of the Delta Smelt Resiliency Strategy, CDFW conducted a feasibility study for a Franks Tract project to improve fish habitat in 2017-18. The resulting proposal, calling for the creation of tidal marsh close to Bethel Island and the closure of False River, drew a strong negative reaction. “We understood why after talking with them,” says Wilcox. Part of it was aesthetic, a preference for open-water views from the island over marsh vegetation.
Photo: Brett Milligan
127 “Marsh habitat was going to be situated in a major boating corridor and aligned along residential areas, bad for property values,” Gloski says. For marina operators like Bolt, the design meant loss of access to “fast water,” which at Bethel Island means water you can boat through at high speed. Her marina would have been 20 minutes from fast water. “It’s as if I ran a ski resort and my family operated the lift and you made me put the lift 20 minutes away from the mountain.”
Gloski countered the landscape redesign CDFW had floated with his own “local option,” in which the marshes would be moved away from Bethel Island. Wilcox calls Gloski’s role “really helpful and constructive — he came up with a concept design addressing concerns about navigation and access, especially the fishing component.” While some neighbors resisted the idea of any changes, Gloski recognized the need for action: “The Tract isn’t staying the way it is and isn’t changing for the better. Something needs to be done if we want it functional and navigable.” He calls the positive response to his design “the beginning of an evolution.”
Returning to the drawing board, CDFW reconfigured the project development process. The new process combined an agency-heavy steering committee, an advisory committee of local stakeholders (including Bolt and Gloski), a public engagement effort led by Milligan, and an iterative approach to design beginning in 2019. A “no action” alternative — leaving the Tract as it is — was on the table at every stage. Online geospatial surveys let respondents drop a pin on a map to show their locations and current features they liked and disliked. Locals hosted field trips for Milligan’s undergraduate students, who helped generate alternative designs.
Meeting with the community. Photo: Alexander Kraus-Polk
“There was lot of distrust initially,” Milligan recalls. “People were convinced that they weren’t going to be heard, wouldn’t have a voice in the process, that it was all part of a water grab. That’s a legacy in the Delta that has to be undone. The salinity barrier left a bad taste.”
The engagement process changed that. “This process was something I had been hoping would show up for a project for years,” says steering committee member Michael Moran, supervising naturalist at neighboring Big Break Regional Shoreline, part of the East Bay Regional Park District. “There was something wrong about the way we were trying to do projects, so much resistance to things with good benefits. Try to change anything in the Delta and it’s ‘Katy, bar the door!’” He remembers some local participants being caught off guard by the agencies’ openness, wary of being co-opted. “The project was as much about the process as about the physical changes.”
All the resulting designs for Franks Tract moved the marshes away from Bethel Island. “Playing out the ‘no action’ alternative was a key turning point,” says Milligan. “Stakeholders got to see how their interests potentially aligned with the project.” Seven initial designs were whittled down to three for the final decision round. At each stage, “no action” lost support: “In the final survey, three-quarters of the responders voted for one of the three designs over ‘no action.’ That was a major shift,” he says.
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Local doubts lingered about the connection to a water grab or new tunnels under the Delta, but gradually diminished. Planners insist there is no relationship between the Franks Tract project and any water “conveyance” project. “The project has independent utility irrespective of the tunnel or current operations,” says Wilcox. According to the Franks Tract Futures 2020 Reimagined report, “While the Department of Water Resources is coordinating with the project and provided hydrodynamic modeling of enhancement scenarios, the project is being developed independently from ongoing water operations, Delta exports, or proposals for alternate conveyances.” In terms of effects on public trust in the project process, the tunnel concern was always there but slowly evaporated, says Milligan. “At first we got tons of comments about that; in the last survey very few.”
The landscape redesign chosen as the Preferred Alternative would use dredged material from within the Tract to build up areas on the northern and eastern sides and in adjoining Little Franks Tract where tidal marsh vegetation could take root, creating 1,150 acres of marsh, intertidal habitat, and tidal channels. Other potential sources of fill, including sediment from tunnel excavations, were ruled out.
Final concept favored by the community and stakeholders.
“The project isn’t proposing to use any ‘tunnel muck,’” says the project’s principal engineer, Michelle Orr of Environmental Science Associates (ESA). “Onsite dredge is the cheapest source of fill and has the benefit of deepening the channels and open water areas.” The resulting 1,100 acres of deeper water would improve navigation for boaters and fishers and make
129 the Tract less hospitable to invasive weeds and less prone to harmful algal blooms (see p. 5). Habitat for striped bass would be enhanced, and largemouth black bass might also benefit.
By impeding the movement of water from the western Delta to the south Delta, the new marshlands would also block saltwater intrusion without resorting to hard salinity barriers. The marshes would also mitigate the risk of Delta smelt and juvenile salmon being pulled toward the water project pumps (“entrained”) in the south Delta. Little Franks Tract would be set aside for Delta smelt and for kayakers, paddle-boarders, and other non-motorized boaters. Twelve miles of remnant levees would be upgraded. Duck hunters would lose some traditional blinds on the water, although new and diversified hunting sites would be created within and on the edges of the tidal marshes.
“We took Peter Moyle’s perspective that the Delta is a novel ecosystem, incorporating native and non-native species,” says Wilcox. “You can’t put it back the way it was.” But some historic functions can be restored. Wilcox sees the plan as an exercise in reconciliation ecology, benefiting native fish as well as “desirable” introduced species like striped bass and largemouth black bass — non-natives with constituencies.
Future vision for slice of new tidal marsh channel and fish habitat at Little Franks Tract that would also help plug saltwater intrusion into the south Delta.
“Delta smelt are very important to CDFW, but that’s only one stakeholder; others need to be part of the process,” says Orr. “We did look closely at smelt. Little Franks Tract is closest to where smelt are typically found and farthest from the pumps. The new marshes would provide food web support. Preferentially setting aside that area, optimizing it for smelt habitat, works well with non-motorized boating.”
The Tract’s reshaped hydrology would aid salmon and smelt as well as water quality. “Entrainment of fish goes along with reduction in salinity intrusion,” Wilcox explains. “The way Franks Tract is now, the hydrology carries things through the Tract to Old River. For smelt coming out of the river confluence or Suisun Marsh to spawn, it’s an easy route to pull them into the south Delta and the pumps.” If you reduce the potential for salinity movement in dry years when there’s not a lot of outflow, the project works the same way. Breaking the flow that brings fish and saltwater with the tides and allows them to move toward the pumps addresses both problems.
The non-native fish, meanwhile, are of greater interest to the Bethel Island community, as black bass fishing is a huge economic driver for the local economy. “Rarely a weekend goes by without a bass tournament, either national or local, with a hundred or more bass boats taking off at 6 o’clock,” Gloski observes. Bass like weeds but the latter can slow boats and clog fast water channels.
Wilcox describes tradeoffs for bass anglers: “We’re addressing the weed issue through dredging, making the Tract more pelagic, less weed-dominated. We’ll still have lots of
130 edge habitat with weeds whatever we do. Arguably it could be better for black bass than it is now, with more linear habitat.”
Future vision for accessible marsh channels supporting fishing and hunting at Franks Tract.
Striped bass, meanwhile, would benefit from the pelagic effect. “Striped bass like velocity gradients, or seams,” says Orr. “You have that kind of seam at what hydrologists call the ‘nozzle,’ where water from False River enters Franks Tract, a great place to fish for striped bass. We added in a few more seams to our design as desirable features for bass.”
Along with water quality and fish habitat, recreational use is the third leg of the new design tripod. “Probably the engineering issue we spent the most time on was what kind of channels were required to meet the water quality and navigation goals at the same time,” Orr notes. Enhanced navigation is one piece of the project that draws enthusiastic local support, along with proposed beaches and other boat-accessible recreational facilities.
Future vision for a new beach and adjacent recreational area on Franks Tract.
Looking past the construction phase, Gloski and Bolt stress the importance of maintenance. “We’re really concerned for how this area gets managed going forward,” Gloski says. “It’s one thing to implement, but are you just going to walk away and in five years it’s a mess?”
Other unanswered questions include where the estimated construction cost of $560 million will come from. “It could be a line item in a bond,” Wilcox speculates. Previous bond issues have earmarked funding for specific actions, like implementing the Baylands Ecological Goals Project and dam removal on the Klamath River. “Other interests like water contractors may see it as something that addresses their needs,” he says. Wilcox notes that salinity reduction has some benefit beyond exports for in-Delta diverters that support local agriculture.
In addition to funding and community support, agency involvement will be critical. “There needs to be a champion to keep it going,” says Wilcox, noting that CDFW is not likely to be the lead agency going forward.
The California Department of Parks and Recreation owns the Tract, although the agency’s budget and staffing for it is minimal and its resources, already tight, will be further strained by 2020 fire damage at Big Basin, Julia Pfeifer Burns, and other parks. Jim Micheaels, former manager of the State Parks district that includes the Tract and another steering committee member, describes the projected increase in recreational use as “a key concern” of his agency: “Our Department is not funded to operate,
131 maintain, and manage the proposed recreation facilities or features and increased use that would result from the Franks Tract Futures Plan,” he says.
Some kind of co-management between State Parks and the East Bay Regional Park District may be an option; precedents include Crown Beach in Alameda and McLaughlin Eastshore park. Moran cautions that a sustainable funding source and a lot of planning will be needed. “Right now, it’s very early in the process. The District is supporting the planning process but has no official position on future management,” he says. (According to Michaels, State Parks has not discussed operating the Tract in conjunction with any other agency.)
Photo: Brett Milligan.
Despite the questions and challenges lurking in the weeds, the Franks Tract Futures project does offer a bold vision for rearranging a major chunk of the Delta to achieve a variety of common goods, all in one package. Steve Rothert, who heads the Department of Water Resources’ newly created Division of Multiple Benefit Initiatives notes pragmatic incentives for addressing multiple societal goals in one effort: “Projects cross jurisdictional and statutory- authority boundaries. We’ve learned increasingly that it’s almost impossible to do any meaningful project of any significant size and significant benefits alone. Also, given the current economy and the challenging state budget situation, over the next five years or longer we’ll be forced to be creative in developing multi-source funding packages to get big projects done. The broader the base of interests who want a project to be implemented, the greater the likelihood that stakeholders will find support among funding entities.”
Rothert says the Franks Tract project’s approach to achieving multiple benefits looks like a good fit for the mission of DWR and his division in particular: “We would consider getting involved in it going forward.”
At press time, the Preferred Alternative had just completed a public comment period. Wilcox, retiring from CDFW at the end of September, is trying to drum up support to keep the project going. On Bethel Island, people are waiting with cautious optimism, among other emotions, for what happens next.
Top Photo: Fast water is prized by local boaters on Franks Tract. Photo: Brett Milligan Renderings: Yiwei Huang
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Three East Bay parks get go-ahead to open in limited capacity Del Valle, Quarry Lakes, Anthony Chabot parks begin operating again Oct. 2 By RICK HURD | [email protected] | Bay Area News Group PUBLISHED: September 21, 2020 at 10:31 a.m. | UPDATED: September 22, 2020 at 6:00 a.m. FREMONT, CA – APRIL 28: An empty dock is seen at Quarry Lakes Regional Recreation Area in Fremont, Calif., on Tuesday, April 28, 2020. Many lakes are closed to swimmers during the coronavirus pandemic as the weather gets hotter. (Jane Tyska/Bay Area News Group)
Three East Bay parks that were closed because of the COVID-19 pandemic will begin operating again in October, authorities said Monday.
Del Valle Regional Park in Livermore, Quarry Lakes Regional Recreation Area in Fremont, and Anthony Chabot Regional Park in Castro Valley will reopen to boaters and campers in a limited capacity Oct. 2, according to the East Bay Regional Park District.
The parks have been closed since March 25 because of state and local health orders issued to prevent the spread of the coronavirus.
Boat launching and fishing on a boat will be allowed at Del Valle and Quarry Lakes, and Del Valle also will rent out boats, according to the district. The family campground will be opened at Del Valle and Anthony Chabot parks at 50% capacity.
Boat rentals and boat launching already began at Lake Chabot on Sept. 10.
The Ohlone Wilderness Trail at Del Valle remains closed because of the recent wildfires, as are the Round Valley, Morgan Territory and Sunol trails, the district said. All of the designated swimming areas at the parks remain closed, too, according to the district.
Swimming is allowed at Crown Beach in Alameda and Keller Beach in Richmond.
Up-to-date information is available at www.ebparks.org/COVID-19.
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Reopenings: East Bay Regional Parks To Allow For Some Camping, Boating; Picnic Areas Stay Closed September 21, 2020 at 11:10 am
OAKLAND (CBS SF) – The East Bay Regional Park District announced Sunday it is reopening day use, camping and boating at some parks on Oct. 2 with capacity limitations in place after closing them in March due to the COVID-19 pandemic.
Though most East Bay regional parks, shorelines and trails have been open to the public during the pandemic, many park areas and facilities were closed on March 25 to avoid overcrowding and to adhere to state and local health orders.
Park areas and facilities reopening at the start of October for day use are subject to limited capacity operating on a first-come, first-serve basis.
Additionally, all picnic areas, barbeques, and group campsites will continue to be closed in adherence to state and local health orders.
Parks with planned area and facility reopenings include Del Valle Regional Park, Quarry Lakes Regional Recreation Area, Anthony Chabot Regional Park, Lake Chabot Regional Park, and Sibley Volcanic Regional Preserve.
“Regional Parks have played an essential role in the community as a place for people to maintain their mental and physical health when most people have been in their homes the majority of the day,” EBRPD general manager Robert Doyle said.
The park district asks visitors to follow all social distancing guidelines from local health agencies, and people must bring a mask or face covering to wear when within 6 feet of other visitors.
The East Bay Regional Park District said it is continuing to evaluate and plan for additional park area and facility openings. Parks that continue to remain closed are being evaluated for safety hazards before reopening.
For up-to-date information on park status during COVID-19, people can visit http://www.ebparks.org/COVID-19.
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Berkeley City Council calls for renaming of
Vollmer PeakNY MONDAY, SEPTEMBER 21, 2020SHEN/SENIOR STAFF According to Dave Mason, spokesperson for East Bay Regional Park District, Bald Peak, the highest point in the Berkeley Hills, was renamed after August Vollmer because he was a beloved and respected founding member of the district and served as its board director for 15 years, not because of his status as the 'Father of Policing.' BY JACOB SOUZA | SENIOR STAFF LAST UPDATED SEPTEMBER 21, 2020
Berkeley City Council is calling for Vollmer Peak to be renamed amid claims that August Vollmer, after whom the popular hiking destination is named, upheld ideas of white supremacy during his lifetime.
During its regular meeting Sept. 15, the City Council approved a letter to East Bay Regional Park District, or EBRPD, claiming Vollmer, Berkeley’s first chief of police, “perpetuated racism through his participation in eugenics societies and the inclusion of eugenics and other racist philosophies in his criminology school’s curriculum.”
The letter, submitted by Councilmember Cheryl Davila, urges the EBRPD Board of Directors to take action to rename the peak.
“Although historic persons may have been chosen as namesakes for our parks’ landmarks due to their popularity and service to the community, keeping their names attached to our landmarks signals to our Black, indigenous, and community members of color that they are not welcome,” the letter states.
Vollmer was appointed as Berkeley Police Department’s first chief of police in 1909 and is widely considered to be the father of American policing for the many contributions he made to the profession throughout his career.
Additionally, Vollmer is remembered for hiring Walter Gordon, the city’s first Black police officer, despite criticism from other officers and the community. When a white officer would object to working with Gordon, Vollmer would tell them to resign from the force.
Though this history acknowledges Vollmer’s reputation as a progressive leader, Davila’s letter calls attention to Vollmer’s association with the theory of eugenics and its place within the curriculum of the criminology school he established at UC Berkeley in 1916.
In a 1917 proposal for the school’s curriculum, Vollmer and a co-author listed units on theories such as “race degeneration,” “eugenics” and “heredity.”
137 An article Vollmer wrote in 1926 during his time as BPD chief advanced the notion that preventing the “socially unfit” from reproducing would reduce crime rates.
The City Council’s request is the first time this aspect of Vollmer’s history has been brought to the park district’s attention, said EBRPD spokesperson Dave Mason in an email.
According to Mason, Bald Peak, the highest point in the Berkeley Hills, was renamed after Vollmer because he was a beloved and respected founding member of EBRPD and served as board director for 15 years, not because of his status as the “Father of Policing.”
If the EBRPD Board of Directors decides to move forward with renaming the peak, there is a formal protocol in place that would provide for a public engagement process, Mason added in the email. The board, however, does have the option to decide what to name the peak internally.
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Park It: Visiting monarch butterflies’ fading numbers cause concern Migrating insects usually spend winters in droves at Fremont’s Ardenwood Historic Farm, other regional parks By NED MACKAY | East Bay Regional Park District PUBLISHED: September 20, 2020 at 5:00 a.m. | UPDATED: September 20, 2020 at 8:45 a.m.
Anda Chu/staff archives Visitors spot monarch butterflies previously at Fremont’s Ardenwood Historic Farm, where the butterflies have been a seasonal attraction for many years, spending the winter there as part of their migratory, multigenerational life cycle. The monarchs’ population has been sparse at best in recent years, though, leading to concerns.
For many years, monarch butterflies have been a seasonal attraction at Ardenwood Historic Farm in Fremont, where they spend the winter as part of their migratory, multigenerational life cycle.
Every year from November through January, monarch butterflies congregate in the park’s eucalyptus groves, their black and orange wings creating an autumn leaf effect in the trees. Their stopover is part of what has been described as an intergenerational relay race, during which the monarchs spend parts of their life cycle in habitats ranging from the western slopes of the Rocky Mountains to the California coast. In recent times, however, the monarchs’ population has been sparse at best, leading to concerns that the insects are on the way to extinction.
Kristen Van Dam, an East Bay Regional Park District ecologist, provided an update on the monarchs’ status at a recent meeting of a district Board of Directors subcommittee. There are two populations of monarch butterflies in the United States, she said, separated by the Rockies. The western group ranges from Washington state to Mexico.
Monarchs have been seen spending the winter in four regional parks: Ardenwood, Point Pinole, Oyster Bay and Coyote Hills. By far the largest group is at Ardenwood; a few show up at Point Pinole. Although monarchs have been seen flying through all regional parks, they seem to roost only at the four just mentioned.
Scientists have noticed a 99% decline in the monarch population in the last 30 years, with the greatest decline in 2017 and 2018. There’s no single explanation. Factors include loss of habitat, use of insecticides, disease, predation, climate change and fires. The monarchs leave the overwintering sites to breed inland on milkweeds. The caterpillars feed exclusively on milkweed; adults can use other nectar sources too.
In terms of habitat, overwintering monarchs need good places to roost (eucalyptus at Ardenwood and Point Pinole), protection from the wind and enough sunlight to keep warm. The park district’s role in monarch preservation has been maintaining the
139 overwintering and breeding sites, expanding nectar planting, public education and collaborating with other public agencies and nonprofits such as the Xerces Society, which is dedicated to monarch butterfly protection.
Van Dam says that the park district obtained a grant to fund removal of some trees at Point Pinole to enhance the overwintering habitat for monarchs and the district has planted some pollinator gardens for the butterflies. There are also plans to create monarch-friendly habitat at Diablo Foothills Regional Park and Black Diamond Mines Regional Preserve. For the general public, if you do establish a monarch-friendly garden, monarch scientists strongly recommend that you plant native milkweed, not the tropical variety.
The naturalists at Ardenwood Historic Farm usually schedule a whole series of programs highlighting the overwintering monarch butterflies. Although Ardenwood is closed and all in-person naturalist programs are on hold because of the ongoing coronavirus pandemic, you can still learn about the beautiful monarchs. Visit the Xerces Society website at xerces.org.
Reopenings: Here’s some good news — the park district plans to reopen some of its closed facilities starting on Oct. 2. At Del Valle Regional Park south of Livermore, reopenings will include the boat launch, boat rentals, the family campground at reduced capacity and day use on the lake’s east side, at reduced capacity.
At Quarry Lakes in Fremont, the boat launch ramp will reopen. The family campground at Anthony Chabot Regional Park near Castro Valley will reopen at reduced capacity. And the boat launch and marina concession at Lake Chabot reopened on Sept. 10.
Because of the pandemic and current fire season, circumstances are always changeable. So your best bet is always to check the park district webpage at bayareane.ws/3hhHdvS for up-to-date information.
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Berkeley wants Vollmer Peak renamed because of namesake’s eugenics views August Vollmer was city’s first police chief By ANGELA RUGGIERO | [email protected] | Bay Area News Group PUBLISHED: September 18, 2020 at 9:23 a.m. | UPDATED: September 19, 2020 at 2:45 p.m.
BERKELEY, CA - SEPTEMBER 19: Outdoor goers hike along Vollmer Peak trail at Tilden Park in Berkeley, Calif., on Saturday, Sept. 19, 2020. The Berkeley City Council agreed to send a letter to the East Bay Regional Parks District, asking them to rename Vollmer Peak. The peak is named after August Vollmer, Berkeley's first police chief, known as a pioneer in modern policing. Although he hired Berkeley's first woman and first African-American police officers, it is believed that he had been a member of eugenics societies, a philosophy and social movement that advocated for selective breeding to improve the genetic composition of the human race. (Ray Chavez/Bay Area News Group)
BERKELEY — The Berkeley City Council wants Vollmer Peak renamed, claiming the man it’s named after was instrumental in instilling “systemic racial bias in policing.”
At its meeting Tuesday, the council agreed to send a letter asking the East Bay Regional Park District to find another name for the peak which is part of Tilden Regional Park.
August Vollmer (with glasses) pictured with Aurelia Reinhardt (middle) in the 1940s. They were part of the original five members of the the board of the East Bay Regional Parks District. (Courtesy of East Bay Regional Park District)
The peak is named after August “Gus” Vollmer, dubbed the “Father of American Policing” in history books, who served as the city’s first appointed police chief in 1909 and last elected town marshal. He was known for being ahead of his time when it came to policing — a pioneer in technological innovations such as using police cars, police radios, lie detectors and forensic evidence. He helped organize a criminology school at UC Berkeley and believed police officers should have a college degree.
He hired Berkeley’s first woman and first African- American police officers a century ago, and told white officers who objected they could resign if they didn’t want to work with a black officer.
But according to Berkeley Councilmember Cheryl Davila, who introduced the resolution seeking a name change for Vollmer Peak, even though he may have been considered progressive, “it is clear that he personally upheld White Supremacy and further codified it in his esteemed criminology school.”
141 His criminology school and curriculum included units on racial types, race degeneration, eugenics and hereditary crime and criminal tendencies, according to a city staff report prepared for the council’s discussion.
“Vollmer’s own biases have been programmed into the operations of the Berkeley Police Department since its inception,” according to the staff report. which noted he was believed to have been a member of eugenics societies. Eugenics is a philosophy and social movement that advocates for selective breeding to improve the genetic composition of the human race.
“The killing of George Floyd and the countless others, prompted a constituent to contact me about Vollmer Peak to voice their concerns, I listened and agreed. We came up with a plan, collected some data and proceeded,” Davila told this news organization in an email explaining why she is pursuing the name change.
In a survey of 125 East Bay Regional Park respondents, 88% said they would support renaming the peak. When presented with the choice of renaming the peak or just informing the public about Vollmer’s background, 87% said they would still rename the peak. Of those surveyed, 73 were from Berkeley, 20 from Oakland, and others from surrounding areas.
East Bay Regional Parks spokesman Dave Mason said although the peak is technically in Orinda, the board will receive Berkeley’s request for name change consideration.
“The Park District has an extensive protocol for the naming and renaming parks, trails, or special features, including research using the park’s land use plan and public engagement with the District’s Park Advisory Committee and formal Board review.”
He said the district board or a board subcommittee will discuss the request at an upcoming meeting.
After Vollmer died in 1955, Bald Peak was renamed Vollmer Peak in his honor. The renaming was mostly because he was a founder and board director of the East Bay Regional Park District for 15 years, according to the district. He wrote a lot about how parks and recreational activities were positive alternatives for people and a deterrent to criminal behavior.
Vollmer opposed the death penalty and Japanese-American incarceration during World War II.
Although he had no children, he loved kids and was known as “Uncle Gus” in his Oakland neighborhood. One child, Gretchen Fretter, was inspired to become a police officer for the parks district because of him, according to the district.
In recent years, schools, streets, buildings, parks and other institutions or places have been renamed when the racist pasts of their namesakes have been flagged. UC Berkeley’s law school, for example, recently changed Boalt Hall to The Law Building after it was discovered John Boalt fueled anti-Chinese racism in 1870s and 1880s. Stanford University in 2018 announced it would rename campus buildings and areas that included the name of Father Junipero Serra, the 18th-century founder of California’s missions who has more recently been reviled for abusing Native Americans.
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Coronavirus: How California’s Coastal Cleanup Day is different this year No crowds, but volunteers are still needed to clean beaches, creeks and lakes By PAUL ROGERS | [email protected] | Bay Area News Group PUBLISHED: September 18, 2020 at 6:00 a.m. | UPDATED: September 18, 2020 at 6:22 a.m.
About 80 volunteers scour the shoreline picking up trash as they take part in the 34th annual California Coastal Cleanup Day at Middle Harbor Shoreline Park in Oakland, California, on Saturday, Sept. 15, 2018. (Ray Chavez/Bay Area News Group)
It’s an annual tradition as summer turns to fall, just like high school football and picking pumpkins.
Saturday is supposed to be Coastal Cleanup Day. But the coronavirus pandemic has turned the largest volunteer event in California upside down, just as it has with so many other facets of life. The event isn’t cancelled, but it’s different.
For the first time in the 36-year history of Coastal Cleanup Day there will be no organized groups handing people bags and helping them record what they found on the third Saturday of September. Instead, the California Coastal Commission, which organizes the event every year, is asking people to fly solo.
Volunteers have been asked to bring their own bags to beaches, creeks and even their own neighborhoods over the month, especially on Saturday mornings. They should wear gloves and also masks if they are going to be near other people. And they are being asked to record what they find on a free app called Clean Swell that they can download to their phones, so that organizers can continue to track litter trends across the state.
The annual cleanup drew more than 74,000 people last year — families, corporate groups, scouting troops — who pitched in to remove more than 900,000 pounds of garbage to beautify the outdoors and help wildlife along beaches, creeks, rivers and lakes in nearly all of California’s 58 counties.
But that isn’t advisable this year.
“We don’t want to encourage 1,000 people to meet at Ocean Beach in San Francisco, like we have in the past,” said Eben Schwartz, marine debris program manager for the Coastal Commission. “The idea of spreading out the cleanup effort over a month and discouraging groups in specific sites is to keep people safe.”
Much of California’s beach debris doesn’t originate on the coast. People drop or throw trash on the street, and it washes or blows into storm drains, which flow into creeks and rivers, eventually emptying into the ocean. The debris, particularly plastic, not only
143 makes the state’s beaches look messy, but it also can kill wildlife, like fish, birds and sea turtles, which eat it or become entangled in it.
The idea of the cleanup every September is to remove as much as possible along the coast and in inland counties before winter rains wash it toward the ocean.
But with shelter-in-place orders and group gatherings restricted, many smaller cleanups that usually occur earlier in the year haven’t happened.
“This work is critical,” Schwartz said. “It’s more critical now than any time I can remember. Our outdoor recreation spaces are one of the few places left to us for escape and exercise. All of the trash is just piling up. I’ve heard reports from all parts of the state that our parks, trails, rivers and creeks are just trashed.”
Should you be worried about getting COVID-19 from picking up fast food wrappers, cigarette butts, or empty soda cans along a creek or beach? Not really, say experts.
Coronavirus spreads much more easily indoors than outdoors, and from people who are infected transmitting airborne particles to others through talking, coughing or sneezing in enclosed spaces.
Studies have shown that the virus can remain infectious on surfaces for about 24 hours. It is possible that a person can get COVID-19 by touching a surface or object that has the virus on it and then touching their mouth, nose, eyes, but this isn’t the main way the virus spreads, according to the FDA.
“If people practice good hand hygiene, there should not be a risk,” said Dr. John Swartzberg, a professor emeritus at the UC Berkeley School of Public Health.
That means wearing gloves while picking up trash, and using hand sanitizer afterward, he said. Also, people should only do the cleanup in groups of family members or others they live with.
Since the Coastal Cleanup began, more than 1.6 million volunteers have removed over 26 million pounds of trash as part of the largest volunteer event in the state.
From 1988 to 2016, the most common item collected was the cigarette butt — more than 7.5 million of them statewide, and 37% of all the items collected. Second were food wrappers and containers, at 10%, and third were caps and lids, representing 9%. Also commonly found were paper and plastic bags, cups, plates and utensils, straws and glass bottles.
To find out how to join the cleanup effort this year, please visit www.coastalcleanupday.org.
In most counties, nonprofit organizations or government agencies, such as Save Our Shores in Santa Cruz, Heal the Bay in Los Angeles, the Santa Clara Valley Water District in San Jose or the East Bay Regional Park District in Alameda County, are helping coordinate volunteers as they have in past years.
144 Already, according to the Clean Swell app, more than 2,000 volunteers have cleaned more than 1,000 locations in California since Sept. 1, Schwartz said.
“Every year this is the time we make the biggest push to get trash out of our environment, and out of the ocean,” he said. “We can’t afford to take a year off.”
Girl scouts from Troop 32015, Camryn Caverly, 12, and Rebecca Wynn, 12, left to right, both of San Mateo, search for trash along the San Francisco Bay at Ryder Park in San Mateo, Calif., on Saturday, Sept. 17, 2011. (Anda Chu/Staff)
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Fireworks spark crackdown in the East Bay hills By Debora Villalon Published 5 hours ago News KTVU FOX 2 Patrols from multiple jurisdictions cracking down on fireworks, bonfires in Berkeley Hills Reports of fireworks and bonfires in the East Bay hills areas along Skyline Boulevard and near Grizzly Peak have residents on edge during fire season. Multiple jurisdictions said they will cooperate to add patrols to this area as part of a crackdown.
OAKLAND, Calif. - Fireworks, especially dangerous now, are sparking a crackdown in the Oakland-Berkeley hills.
People who head up there for nighttime views will find some turnouts blocked and risk a citation for stopping.
Officials say it's been a problem all summer, with people drawn outdoors by the weather and pandemic, and some of them reckless about fire danger.
"We are a ticking time bomb up here, it's not a matter of if but when, and we have already had eight to ten fires up here since June 1," said Michael Hunt of the Oakland Fire Department.
Hunt was among representatives of several East Bay agencies expressing concern at a briefing on Wednesday.
He noted California remains overwhelmed with dozens of wildfires.
"Any threat created by a fire on this hillside would only harm our departments, the residents, and the state mutual aid system," said Hunt.
A cell phone video, making the rounds, shows several people around a bonfire while another person sets off fireworks at a vista point on Grizzly Peak.
"Well it's absolutely selfish, a selfish thing to do, and we're all on edge," said Berkeley hills resident Susan Muscarella, whose home was destroyed in the hills firestorm almost 30 years ago. "It's absolutely terrifying and I don't know why anybody would think about doing that, especially now."
This week, Berkeley's City Council approved a resolution calling for a unified approach, and for callers reporting firework activity to be automatically routed as high priority, instead of non- emergency.
Oakland Fire Lt. Carleton Lightfoot recounted some of those calls: "I hear people hanging out on Grizzly Peak in spite of curfew and no one should be up there, I hear fireworks, can you go up and investigate and ensure that there's not a fire?"
146 Grizzly Peak and Skyline Boulevards are popular corridors for gatherings, to enjoy nature, panoramic views, and late-night partying.
Smoking and grilling are banned, and Alameda County generally outlaws fireworks.
Visitors expressed shock that anyone would set them off in such a woodsy landscape, with its winding roads.
"Bad idea, fireworks late at night, no surveillance, it's crazy, and imagine evacuating at night," said one young man, enjoying the vista with friends.
Since the activity comes after dark, police plan to enforce "no parking" at about 9 turn-outs, not only with signs and traffic cones at entrances, but extra patrols seven days a week.
"We don't want people to stop and park and have the behavior that leads to danger," said Officer Johnna Watson of the Oakland Police Department.
"We cannot forget the 1991 hills fire that claimed 25 lives and thousands of homes."
Because the area is a mix of jurisdictions, enforcement will come from several cities, plus East Bay Regional Parks, and the UC Berkeley Police.
"It just takes one bad actor to start a big fire," noted Oakland City Councilmember Dan Kalb.
"We have to make sure we enforce what the rules are, and not just have rules, they don't mean much if we're not enforcing them."
Frequent visitors were happy to hear of any added fire prevention.
"We've already been experiencing the impacts of the fires around us with all the horrible air quality," said one woman.
Added her friend, "If fire starts up here in the hills, it's going to travel all the way down, and I'm not trying to leave, you feel me?"
Berkeley's Assistant Fire Chief Keith May offered a sobering historical note, looking back on the devastating 2001 firestorm.
"There was a fire here, bigger than that if you can imagine," said May.
"In 1923, someone dropped a cigarette up here and with the Diablo winds and low humidity that fire burned all the way down to Shattuck Avenue."
Officials expressed the hope that by raising awareness, they won't have to issue many citations for parking between 9 pm and 6 a.m.
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City of Berkeley to administer fines for mask violations, act on fire risk in Berkeley Hills /FILE During a Berkeley City Council meeting Tuesday, members discussed and took action on public safety issues related to the COVID-19 pandemic and wildfires. In response to COVID-19 concerns, an ordinance to allow city employees to cite individuals and businesses failing to follow city COVID-19 guidelines was approved. BY JACOB SOUZA | SENIOR STAFF LAST UPDATED 1 MIN AGO
On Tuesday, Berkeley City Council took action at its first meeting back from its summer recess and addressed items dealing with two major public safety threats: the COVID-19 pandemic and wildfires.
During the meeting, the City Council approved an ordinance allowing city staff to administer citations to individuals and businesses violating the city’s COVID-19 health officer orders, including requirements to use facial coverings while out of the home and to restrict outdoor gatherings to fewer than 12 people.
With the passage of the ordinance, $100 penalties can now be issued for violations and can be escalated up to $500 a day for repeat violations.
So far, the city has focused on using education and outreach through various departments to encourage compliance with the orders, the item states. While most residents have followed the orders voluntarily, possible actions for staff to take were previously limited in situations where education and outreach were not sufficient.
“I see a lot of mask compliance when I’m out and about, but there are some people who just are not taking this seriously. Those are the people we really need to go after,” said Councilmember Rashi Kesarwani during the meeting.
To minimize the potential for citations disproportionately impacting low-income individuals, the ordinance provides for a process where penalties may be waived in cases of financial hardship. An addition made to the item recommended that any revenue collected from fines be used for the purchase and distribution of masks to those who need them.
City staff will continue to focus on encouraging people to wear facial coverings and socially distance voluntarily, even with the passage of the ordinance. According to the item, city policy will be to prioritize enforcement at social gatherings indoors, or with 12 or more people outdoors.
“If you’re not going to do it for yourself, please think about others,” Kesarwani said. “We want to get to a point where we can get our kids back in school, so we all need to do our part.”
148 Last weekend, a video showing people lighting fireworks and burning trash at a lookout point along Grizzly Peak Boulevard raised concerns about the possibility of a fire breaking out in the Berkeley Hills, according to an emergency item authored by Councilmember Susan Wengraf.
The proposal calls for all jurisdictions responsible for the area, including Oakland, UC Berkeley and the East Bay Regional Park District Police Department, to work cooperatively and take immediate action to address the situation.
“Wildfire doesn’t know boundaries, and nor should jurisdictions know boundaries when it comes to enforcement,” Wengraf said during the meeting. “Everybody needs to work together to collaborate and stop this very, very dangerous behavior that is threatening all of our safety.”
The sound of fireworks coming from Grizzly Peak Boulevard and neighboring lookout areas has been reported numerous times since June, according to the item, heightening anxieties among residents during the fire season.
According to the item, attempts by law enforcement to curb the dangerous activity have been ineffective, and signs prohibiting nighttime parking have failed to prevent people from gathering at the lookouts. As wildfires continue devastating much of the West Coast, the city is now calling for a “more aggressive” multijurisdictional approach to prevention.
“A little bit more than a year ago, this Council declared wildfire safety and prevention a top priority,” Wengraf said. “The item that I brought forward this evening is basically following through on that commitment.”
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Regional Park Users Advised to Avoid Keller Beach Due to ‘Swimmer's Itch' According to Centers for Disease Control and Prevention, "these parasites are released from infected snails into fresh and salt water." By Bay City News • Published September 16, 2020 • Updated on September 16, 2020 at 10:37 am
The public is advised not to use Keller Beach at Miller/Knox Regional Shoreline in Richmond following reports of "swimmer's itch" and tests showing unsafe bacteria levels.
"Swimmer's itch, also called cercarial dermatitis, appears as a skin rash caused by an allergic reaction to certain microscopic parasites that infect some birds and mammals," according to the Centers for Disease Control and Prevention. "These parasites are released from infected snails into fresh and salt water (such as lakes, ponds, and oceans)."
Contra Costa County Environmental Health officials have issued an advisory and signage will be posted.
There are no serious health effects from swimmer's itch, but it is a nuisance for those afflicted, according to county officials.
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Police respond to concerns of illegal fireworks, bonfires in Grizzly Peak corridor OOGLE/COURTESY The area along Grizzly Peak Boulevard where concerns have been raised falls within the jurisdictions of UCPD, the Oakland Police Department and the East Bay Regional Park District Police Department, so residents will likely see an increased law enforcement presence. BY ALEXANDRA FELDMAN | SENIOR STAFF LAST UPDATED 1 DAY AGO
UCPD has increased patrols in response to concerns over the past few days about illegal ignition of fireworks and bonfires along Grizzly Peak Boulevard between Centennial Drive and Claremont Avenue, according to a Nixle alert from the Berkeley Police Department.
More than 2 million acres have been set aflame across California in 2020, causing respiratory issues and property damage. To deter behaviors that could increase the risk of additional fires, UCPD has increased its uniformed patrols of the Grizzly Peak corridor, the alert states.
The area along Grizzly Peak Boulevard where concerns have been raised falls within the jurisdictions of UCPD, the Oakland Police Department and the East Bay Regional Park District Police Department, so residents will likely see an increased law enforcement presence, according to the alert.
Community members are encouraged to report anyone igniting fireworks or setting fires to their local police department immediately, the alert states.
Check back for updates.
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Berkeley’s first police chief supported eugenics, prompting calls to rename Vollmer Peak August Vollmer has long been lauded for the innovations he brought to policing. But revelations about some of his beliefs are making people reexamine his legacy. By Tony Hicks Sept. 15, 2020, 8:39 a.m. Berkeley’s first police chief, August Vollmer. Photo: Berkeley Police Department
City Councilmember Cheryl Davila wants the East Bay Regional Park District to rename Tilden Park’s Vollmer Peak – named after Berkeley’s first police chief and park district co-founder, August Vollmer – amid accusations Vollmer supported eugenics and was at least partially responsible for what she characterizes as “systemic racism” in today’s department.
Davila’s recommendation, slated for the council’s consent calendar Tuesday, urges the district to ask the community to suggest new names. It’s an extension of what Davila wrote is “unprecedented engagement in discussions of policing and community safety in the past several months.”
“As the city takes the time to deeply consider the role of police in public safety and figure out the best way to invest in community safety resources, we must also consider the history of policing in Berkeley,” wrote Davila.
“Vollmer Peak is a popular hiking and cycling destination; upholding this name is a covert signal that not all are welcome to enjoy the East Bay Regional Parks,” wrote Davila, who didn’t respond to requests to comment for this story.
Davila acknowledges that Vollmer has been called “the father of American policing” for his innovations, which included hiring African-Americans and women. She also wrote, “his innovations were foundational for institutionalizing the systemic racial bias in policing that is evident in (the) Berkeley Police Department in recent years.”
Vollmer is integral to the history and identity of BPD
Sgt. Michael Holland, head of BPD’s historical unit, with former Berkeley Police Chief Michael Meehan (right) standing in front of a photo of August Vollmer in 2017. Meehan is holding a badge of Vollmer’s that was recovered in a $5 box of books in Texas. Vollmer is wearing the same badge. Photo: BPD
The Berkeley Police Department is proud of Vollmer’s legacy and has a display at its headquarters that includes artifacts, documents, and photos. It also discusses Vollmer’s
153 accomplishments on its website. When Andrew Greenwood was sworn in as the new chief in 2017 at a ceremony at the UC Theatre, he quoted Vollmer and pointed out the former chief’s badge and revolver were on display in the lobby. In 2010, former Police Chief Michael Meehan also quoted Vollmer when he was sworn in.
A spokesperson for the Berkeley Police said the department doesn’t comment on council legislation.
Vollmer, who was born in 1876 and settled in Berkeley in 1890, became town marshal in 1905, then Berkeley’s first police chief from 1909 until 1932. He also created the first policing program at UC Berkeley in 1916.
Vollmer was the first to put officers on bicycles and vehicles and establish a call box system around the city so police could communicate with one another while out in the field. He was also responsible for the country’s first police crime lab and insisted his department rely on scientific evidence like fingerprints in solving crimes. He rejected brute force and other methods that could be construed as torture.
In 1919, Vollmer hired the country’s first African American police officer, Walter Gordon, who was also a Cal football star and the country’s second Black All-American, according to August Vollmer: The Father of American Policing, a 2017 biography by Willard Oliver, a criminal justice professor at Sam Houston State University in Texas. When white police officers complained, Vollmer told them they could resign. Vollmer also fired officers who continued to badmouth Gordon.
“Vollmer was very progressive when it came to treating everyone equally, looking for the qualities they brought to the job and not their ethnicity or gender,” said retired Berkeley Police Sgt. Michael Holland, who directs the department’s historical unit. “Vollmer was a person ahead of his time, who also realized, I believe, that you need to work within the system that exists in order to promote change.”
In 2017, Oliver, who didn’t reply to requests for comment for this story, told Berkeleyside, “I think his story could teach (modern police) a lot about what good policing truly is about … if I had to say one thing (about Vollmer) I would say it was Volmer’s unshakeable belief in humanity, and that his lesson for his officers was to remember that the criminal element, as bad as they can be, are still humans.”
Vollmer became involved with eugenics in 1924
In 1924, Vollmer became a member of the American Eugenics Society, which “described eugenics as the study of improving the genetic composition of humans through controlled reproduction of different races and classes of people.” His writings around that time suggest he regarded certain humans as superior to others. In a 1926 paper, Vollmer suggested improving the country’s economic conditions was one way to prevent crime. Other ways should include limiting “undesirables” from immigrating and prohibiting reproduction by people with disabilities, he wrote.
“What shall be said of the children begotten of feeble-minded, insane, epileptic and other degenerate persons?” Vollmer wrote in “The Prevention and Detection of Crime as Viewed by a Police Officer,” in The Annals of the American Academy of Political and Social Science, Vol. 125, (May 1926). “Why not make an effort to prevent such defectives from reproducing their
154 kind? Preventing the socially unfit from multiplying [is] … vital to national welfare and would greatly reduce crime statistics.”
In Vollmer’s 1917 outline of how he would structure a “school of police” at UC Berkeley, he included many books about eugenics as well as courses that would discuss the topic, such as one titled: “Criminology, Anthropology and Heredity.”
Davila acknowledged in her letter Vollmer’s progressiveness for his time. She also wrote “it is clear that he personally upheld white supremacy and further codified it in his esteemed criminology school. Vollmer was a member of multiple eugenics societies and his proposed curriculum for his criminology school included units on racial types, race degeneration, eugenics, and hereditary crime and criminal tendencies.”
In recent years, Berkeley has renamed some of its buildings named after people who were later deemed racist or who enslaved others. In June, BUSD pledged to rename Washington and Jefferson elementary schools. In 2018, the district renamed LeConte Elementary the Sylvia Mendez Elementary School. In January, Berkeley Law took down the name John Boalt from a hall named after him.
Vollmer was also a founding board member of the East Bay Regional Parks District, on which he served for 15 years, said district spokeswoman Carol Johnson. A district document cites Vollmer’s work with the district as the main reason it renamed the former Bald Peak. At 1,905 feet above sea level, Vollmer Peak in Tilden Park is the highest point in the Berkeley Hills.
“(Vollmer) wrote a great amount of correspondence relating to how parks and recreation activities were positive alternatives for all communities and a significant deterrent to criminal behavior,” it says.
The document also points out “three controversial things we know and that might be researched if there is additional public interest in Vollmer.”
“He was on the leadership board of the Eugenics Society and involved with growing the organization,” it says. “That included having controversial opinions of controlling populations of disadvantaged communities and/or people who were thought to be mentally incapable (including people who had problems with addiction) – and supported birth control to that end. It also says he taught “race degeneration,” and that poor communities of color needed additional police involvement.
Vollmer “moved away” from eugenics when society members became involved with “race and Nazism,” according to the EBRPD document. It also mentions his support for euthanasia (faced with poor health, Vollmer killed himself in 1955 at the age of 79).
“Certainly, our board will look forward to receiving Berkeley’s request and doing its due diligence to review and publicly discuss any potential name changes,” Johnson said. “Earlier this year, our board took action via resolution to denounce racism and stand in solidarity with the Black community and persons of color.”
City Councilmember Cheryl Davila at #GeorgeFloyd protest. Photo: Frances Dinkelspiel
155 Davila’s letter comes with a survey of “East Bay Regional Park Stakeholders” with 125 respondents – 73 from Berkeley, 20 from Oakland, and the rest from surrounding communities.
About 88% answered “yes” when asked if Vollmer Peak should be renamed. More than 87% answered “no” to the statement “I think we should keep Vollmer’s name and educate the public about him.”
Vollmer, known as “Uncle Gus,” gave out sweets to neighborhood kids
Berkeley resident Steve Taylor grew up next door to Vollmer during the 1950s and remembers the neighborhood kids calling him “Uncle Gus.”
“We’d visit him in his library regularly,” said Taylor, who still lives in Berkeley. “As kids, we knew where to go in the ‘hood for free sweets in the afternoon and Vollmer’s house was one of our favorites.”
Taylor, who once wrote an article about Vollmer for the Berkeley Historical Society, said Vollmer was interested in what made some young people criminals while others were law- abiding.
“He observed us carefully from that point of view, my mother told me,” Taylor said. “My mother was Latinx. She grew up in Los Angeles during the depression, learned English by reading the Sunday comics, and knew what racism looked like and what it felt like. She opposed racism, but she liked and admired August Vollmer. I think she sensed that he was not a racist.”
Davila’s request follows her recent push to cut the police budget by 50%, a proposal the council rejected in July, in favor of Mayor Jesse Arreguin’s “omnibus motion” of reforms. The new policy creates a new transportation department with a “racial justice lens,” launching a comprehensive audit of police calls and creating a new community process around a variety of public safety reforms.
Arreguin declined to comment on Davila’s latest proposal.
Davila unsuccessfully called for a vote of no confidence in Chief Greenwood, after the June 9 council meeting, at which Greenwood was asked what tools officers would have if their lives were threatened and they didn’t have tear gas at their disposal.
“Firearms,” Greenwood said. “We can shoot people. If you are being attacked with lethal force, if we don’t have less lethal that can drive it back, then we’re absent a tool. That’s my concern. I’m not trying to be overly dramatic and I apologize.”
Frances Dinkelspiel contributed reporting for this article.
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Park District Supports Federal Legislation
Bea Karnes Patch•September 14, 2020
EAST BAY — A message from East Bay Regional Park District General Manager Robert E. Doyle —
The continued heavy pressure on park agencies as an essential service and limited staffing coupled with the out of massive control fires in the west is not sustainable without a greater investment in public lands stewardship
As one of the largest employers of youth in the East Bay, the East Bay Regional Park District supports recent Federal legislation to expand national service jobs programs. Two bills specifically will help large land management agencies, like the Park District, address the challenge of managing large urban forests safely to avoid catastrophic wildfire.
The “Cultivating Opportunity and Response to the Pandemic through Service (CORPS) Act” (referred to in an Opinion piece on September 4th) and the “21st Century Conservation Corps for Our Health and Our Jobs” bills will fund job corps teams in urban areas with high youth unemployment to assist with important and necessary work benefitting the community while receiving lifelong learning and marketable job skills.
- ADVERTISEMENT -
In addition to fire-related funding in the 21st CCC legislation, the CORPS Act would help address the challenges experienced by park agencies during the pandemic. Given the limited options for essential outdoor activity, park visitation has surged well beyond the expected annual increase as observed over the last 86 years. The Park District continues to invest in the necessary work to keep parks open and safe for communities of the East Bay and greater San Francisco Bay Area. Recent Park District commissioned surveying revealed 96% of East Bay respondents believe accessibility to parks and trails has been significantly important for maintaining the mental and physical health of East Bay communities during this pandemic. Additionally, 89% of respondents supported providing safe, outdoor jobs for youth.
The Park District has historically provided the largest number of jobs for youth in the East Bay at nearly 400 positions per year. Expanding national service opportunities through AmeriCorps and other programs can provide East Bay youth jobs for a variety of important functions. EBRPD is currently working with the Student Conservation Association to repair, maintain and improve the 1,330+ miles of trails within the District’s trail network. Projects for the preservation of natural habitats and expansion
157 of accessible recreation areas continue to move forward across the two-county jurisdiction – investing in the local economy and supporting a variety of jobs. The work of the East Bay Regional Park District and East Bay communities would all directly and indirectly benefit from additional national service jobs.
When asked if parks are an essential service during a pandemic, 89% of respondents said yes. Parks have always been important, but never so much as now. Parks and other public lands have remained largely open during the pandemic and will still be there after COVID-19. Proper and ongoing stewardship of public lands, particularly with extreme weather and climate change, is as important now as ever and will continue to be more so in the future. The CORPS Act and the 21st Century Conservation Corps legislation would benefit jobs, the economy, parks, and our communities at a crucial time.
Let’s invest in the health of our community and our young people by providing jobs… environmentally, through parks and national service.
Robert Doyle is general manager of the East Bay Regional Park District. Doyle has been with the Park District since 1975 and has served as General Manager since 2011. The East Bay Regional Park District is the largest park district of its kind in the United States with 73 regional parks on over 130,000 acres of open space.
This article originally appeared on the Castro Valley Patch
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Berkeley may start fining people $100 when they don’t wear face masks Currently, the city must seek a criminal prosecution to do anything other than warn people to wear masks. A proposed ordinance will allow officials to hand out an administrative citation instead. By Eden TellerSept. 14, 2020, 8 a.m. Berkeley law requires people to wear a mask outdoors anytime they come within six feet of someone not in their household. The health order states that people should start putting masks on when they are 30′ away. Now the city wants to have the option of fining people who don’t comply with the rules. Photo: Pete Rosos
The City Council is considering adding another tool to its COVID-19 enforcement arsenal: an ordinance that could pack the sting of a $100 fine for those who don’t follow city safety mandates.
The Council will discuss the proposed urgency ordinance, which would allow Berkeley’s public health officer or her designees to fine people who repeatedly violate the city’s mask and social distancing mandates, at its Sept. 15 meeting.
Tune into the Berkeley city council meeting on Sept. 15
Since the pandemic began, Berkeley officials have primarily relied on education to encourage residents to wear masks and follow safety procedures. The ordinance would address the “relatively infrequent instances” in which that isn’t enough, according to a city manager report.
Nearby jurisdictions, including Contra Costa, Napa and Sonoma counties have all passed similar urgency ordinances since the pandemic began in March.
Officials and residents have already begun to discuss how the proposed ordinance will work. A listener at Mayor Jesse Arreguin’s Sept. 8 virtual town hall asked where money from the fines would go, and Arreguin later mentioned it when discussing how the city can respond to health order violations by UC Berkeley students who returned to campus in August.
What isn’t working with the current ordinance?
Currently, the city must seek a criminal prosecution under the health and safety code to do anything other than warn people not wearing masks or staying socially distant. Berkeley can also order a business to shut down to correct violations. Officials want a less blunt instrument to encourage people to comply.
What will the proposed ordinance change?
159 It would allow the health officer or her designees to give out an administrative citation to people or businesses violating a health order. This would be a civil rather than a criminal remedy for the situation. Using an ordinance and fines as a follow-up to education is a more appropriate step and avoids “unnecessary criminalization,” the staff report reads.
District 4 Councilmember Kate Harrison agrees although she expressed concern that any potential ordinance shouldn’t discriminate against low-income residents who can’t afford masks.
“We definitely need more compliance with mask-wearing,” she said. “It’s pretty stressful, as an individual, when you ask someone to wear a mask and they yell at you,” adding that the burden shouldn’t be on residents. “There are people who don’t want to wear masks, and those people should be given citations.” City of Berkeley graphic on mask- wearing. How many people aren’t complying with the health orders?
There is no official tally of people not wearing masks or gathering in large groups, but lots of anecdotal information. Popular outdoor areas like Lake Anza have been crowded on hot days. A Berkeleyside reader saw several crowded gatherings with few masks at the Tilden lake over Labor Day weekend, the reader wrote in an email.
East Bay Regional Parks District, which oversees Tilden, has primarily relied on signs and social media to inform visitors of safety requirements, said Dave Mason, a spokesperson for EBRPD. The public safety division also responds to reports of unsafe behavior.
“We obviously have stressed what folks need to do to stay safe in parks,” Mason said. “It’s all driven by how busy parks are.”
The district doesn’t generally issue tickets related to COVID-19, Mason added. The most frequent enforcement it does is around illegal or unsafe parking, which spikes on busy days.
Other hotspots have occurred in connection with UC Berkeley students. In early July, the university reported 47 COVID-19 cases connected to a series of CalGreek parties.
Elmwood resident Phil Bokovoy is dissatisfied with how the university has addressed student gatherings in his neighborhood. Most of the students he sees on campus wear masks, he said, but the ones who live in his neighborhood often don’t.
“A lot of the students don’t even move off the sidewalk if they’re not wearing a mask,” Bokovoy added. “It makes me not want to get out much.”
Other universities have taken an active role in monitoring off-campus health violations, like the University of Illinois, which hired additional staff to crack down on student parties, Bokovoy said, referencing reporting from WBEZ Chicago. UC Berkeley should take a similarly active role
160 in protecting its neighbors, perhaps suspending off-campus students who don’t comply with city health mandates, he said.
“We have expressed our concern to the university that they need to take responsibility for the students they’ve pushed out into the neighborhoods over the last couple of years,” he said.
Social distancing among students has been “largely successful” during the first few weeks of the fall semester, Janet Gilmore, a UC Berkeley spokesperson, said in an email. With around 2,000 students now living in dorms, the university’s Center for Student Conduct has received roughly 19 reports of COVID-related violations since the August move-in, she said.
Off-campus, the city is responsible for enforcing health mandates, Gilmore said. She recommended that residents should report students not complying with shelter-in-place orders while off-campus to Berkeley officials, though they can also report COVID-related student misconduct to the university’s Center for Student Conduct.
“The university generally does not have jurisdiction to discipline individual students who violate ordinances when off-campus, such as shelter-in-place regulations, unless harm results to a member of the university community,” she wrote.
“I somewhat challenge that,” Harrison said of the university’s ability to respond to off-campus violations. “I think the university could play a more serious role.”
Currently, the city can respond to disperse a “loud and unruly gathering or party” and fine the hosts upon a second offense. The proposed ordinance would allow an immediate fine if enforcers deem it necessary.
“Violations of the health order are violations of the student code of conduct, and there are serious consequences if students do violate health orders,” Arreguin said at the town hall. “We do have tools that we can use to hold people accountable.”
How would the ordinance work?
Berkeley’s environmental health and neighborhood services code enforcement divisions would be largely responsible for enforcing the ordinance with support from other city divisions, said Matthai Chakko, a city spokesperson said.
If the council implements the ordinance, the city would still use education as its first intervention for businesses and individuals that don’t follow the safety mandate, Chakko said.
However, violations with a serious risk of COVID-19 transmission, like “a large indoor gathering with no social distancing or face masks worn, where participants refuse to come into compliance with the ordinance,” may be given a fine without a prior warning, Chakko added.
The fine could rise to $500 per day for repeated violations, the city manager’s report says.
The city manager would be able to waive the fine at her discretion if it would be a financial hardship and the resident shows that they’ve followed safety mandates since the violation, Chakko added.
161 “Criminal penalties remain available but would be reserved for egregious violations,” Chakko wrote.
It’s hard to predict if the ordinance would be effective, Harrison said, but “it says something about the seriousness with which we take this.”
The Downtown Berkeley BART Plaza with well-spaced outdoor seating and a woman reading her book with her mask pulled down under her chin. September 8, 2020. Photo: Pete Rosos
Where would money from the fines go?
The proposed ordinance doesn’t specify how the funds would be used. At Arreguin’s Sept. 8 town hall, a listener asked if the money could be used to buy masks for those who can’t afford them.
City Manager Dee Williams-Ridley replied that the city already provides free masks to Berkeleyans, particularly unhoused residents, and has since the mandate went into effect, but she didn’t dismiss the idea.
In an interview, Harrison also suggested using funds from the ordinance to purchase masks for residents who can’t afford them.
Who else is doing this?
Contra Costa County passed its own urgency ordinance on July 28, allowing the county to fine businesses and individuals for violating social distancing orders. The county hasn’t fined anyone yet but has received nearly 500 complaints from residents about potential safety violations since March, said Scott Alonso, a spokesperson for the Contra Costa County District Attorney’s Office.
“It gives us more flexibility to respond to a situation,” Alonso said. Previously, the county’s “only avenue” beyond education was to file a misdemeanor charge, which can take months to resolve, he added.
The four departments enforcing Contra Costa’s ordinance — the District Attorney’s office and the health, conservation and sheriff’s departments — are focusing on businesses over individuals in their efforts to protect local customers, employees and residents, Alonso said. Residents can also contest a fine in an administrative hearing.
“We’re not necessarily going to fine someone for not having their mask while they’re walking down the street. We’ll give them a warning and talk to them,” he said.
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Park It: Tarantulas’ longing for love goes on despite COVID-19 East Bay arachnids’ mating season shan’t be stopped by mere global pandemic By NED MACKAY | East Bay Regional Park District PUBLISHED: September 13, 2020 at 5:00 a.m. | UPDATED: September 13, 2020 at 6:25 a.m.
While human activity has been constrained for months because of the coronavirus pandemic, the rest of nature marches on. In particular, it’s time again for the annual tarantula mating season in parks and open spaces throughout the East Bay and beyond.
A male tarantula makes its way down a Mount Diablo road near Walnut Creek, apparently searching for a mate, which may greet him and then eat him. The year’s annual tarantula mating season in parks and open spaces throughout the East Bay and beyond is again upon us. (Arleen Ng/staff archives)
Every fall the furry arachnid males, guided by scent, venture forth in search of females, who await in their silk-lined boudoirs for purposes of procreation. When an acceptable candidate arrives, the two will mate. Then, if the male is unlucky, the female will sometimes kill him. Even if he survives, the male will die soon after. In contrast, females can live for years and produce multiple offspring.
Generally, tarantulas are gentle, slow-moving, nonaggressive creatures. Apart from the mating season, they tend to remain in their burrows, emerging to eat insects, spiders and even small lizards. Tarantulas can bite though, and their bites are painful, about like a bee sting. There’s venom in the bites but not in sufficient quantity to harm humans. Tarantulas’ other defensive mechanism is barbed bristles covering their abdomens. The spiders can use their hind legs to eject the bristles toward predators, causing serious irritation. The hairs can give humans a rash.
Tarantula hawks, a variety of wasp, are a nemesis for the spiders. The wasp can deliver a paralyzing sting, drag the still-living victim into a burrow, and lay eggs on its body. When the larvae hatch, they feed on the helpless spider. I suspect this was inspiration for a well-known science fiction film series. This time of year you can see the dark brown males moving slowly around in search of females’ burrows. At Castle Rock Regional Recreation Area in Walnut Creek, the rangers have spotted them in the past on the road by the picnic areas and along the Fairy Lantern Trail. Some areas of Mount Diablo State Park are said to be crawling with them in season. October may be the peak month. Although Castle Rock is closed for picnicking and swimming, it is permissible to park at the Orchard staging area near the end of Castle Rock Road, then walk though Castle Rock en route to the trails of Diablo Foothills Regional Park.
If looking for tarantulas in the wild isn’t your idea of a good time, you can get lots of information about them at the East Bay Regional Park District’s website, ebparks.org.
163 Just type “tarantula” in the search option at the top of the home page. And if you do see a tarantula in the wild, please leave it alone. Along with all other animals and plants in the regional parks, tarantulas are protected. Collecting them or disturbing them is against the rules.
Current closures: At this writing, a number of regional parks remain closed because of the coronavirus and/or firefighting needs: Del Valle Regional Park, south of Livermore; Sunol/Ohlone Regional Wilderness in southern Alameda County; Mission Peak Regional Preserve and Ardenwood Historic Farm in Fremont; Little Hills Picnic Ranch in San Ramon; Bay Point Regional Shoreline in Pittsburg; Morgan Territory Regional Preserve, east of Mount Diablo; and Round Valley Regional Preserve, south of Brentwood.
All other regional parks and trails are open for hiking and riding, though picnic areas are closed and drinking fountains are generally turned off. Some restrooms are open. When you do visit a park, please do not arrive in large groups. Carry masks to wear when narrow trails or other choke points preclude social distancing. For up-to-date park district information on the status of its parks and trails, visit bayareane.ws/3hhHdvS online.
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New study: Cattle grazing significantly reduces wildfire spread By SIERRA DAWN McCLAIN Capital Press Sep 9, 2020 Updated Sep 9, 2020 UC Cooperative Extension researchers found that across California, cattle remove, on average, 596 pounds per acre of fuel. This varied from about 174 pounds per acre in the southwest interior region to about 1,020 pounds per acre in the San Joaquin- Sierra region. Photo contributed by UC Cooperative Extension
BERKLEY, Calif. — University of California Cooperative Extension researchers just completed a timely study showing cattle grazing is an essential tool in reducing wildfire — a tool they say should be expanded and refined.
Recent record-shattering wildfires across California, Oregon and Washington have demonstrated the need for better fire control.
Researchers say their study shows that without the 1.8 million beef cattle that graze California’s rangelands annually, the state would have hundreds to thousands of additional pounds per acre of fine fuels on the landscape, and this year’s wildfires would be even more devastating. Researchers say cattle grazing is underutilized on public and private lands and targeted grazing should be expanded.
“Cattle grazing directly impacts fuel load and fire behavior,” said Felix Ratcliff, a rangeland consultant who contributed to the research.
Researchers say more private landowners and public land agencies should contract for grazing.
About 40% of California is grazed, according to Sheila Barry, University of California natural resource and livestock adviser and researcher in the study.
But many grazable acres aren’t grazed, she said.
The public, said Barry, often don’t see benefits of grazing; they see short grass and cow patties. Cattle’s role in preventing wildfires, she said, is often overlooked.
Justin Oldfield, executive director of the California Cattle Council, which funded the research, told the Capital Press he hopes the study demonstrates grazing benefits.
Some public land agencies already use cattle.
Allison Rofe, rangeland specialist for East Bay Parks in California, said she considers cattle grazing of annual grasslands the “single most effective passive management tool” in fire control.
The East Bay Regional Park District, she said, leases 70% of its 123,000 acres for grazing.
165 Rofe said the district’s popular lease program has a waiting list.
Alan Renz, a cattle rancher with 20 leases, said leasing public land demands more driving time, diesel and employees. But it also provides financial opportunities, forage and security; if one property burns, he still has 19 others.
But grazing more land isn’t the end-all solution. Researchers say grazing needs to be targeted.
Statewide, researchers found cattle remove, on average, 596 pounds of fuel per acre. In some regions, cattle would need to consume another 180 pounds per acre to bring grass down to 4 feet, a critical threshold for accessibility to firefighters.
Not every area should be grazed to four feet, researchers say. Farmers have competing goals. Preventing erosion and promoting forage require more grass, while preventing fire requires less.
Renz, the rancher, called it a balancing act.
“If I don’t graze it enough, fire. If I graze it all the way down, nothing left to eat,” he said.
Devii Rao, livestock and natural resources adviser at the University of California Cooperative Extension and the study’s lead, said ranchers should target grazing around homes, infrastructure, roadsides and at the wildland-urban interface.
Researchers also encourage ranchers to consider mixed-species grazing.
“There are so many things we can do better. Cattle grazing is really important to fire safety, and it’s time we have more conversations about it,” said Rao.
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Richmond approves 1,450 homes, commercial buildings at Point Molate Plans for the Richmond peninsula site have long been debated By ANNIE SCIACCA | [email protected] | Bay Area News Group PUBLISHED: September 9, 2020 at 1:02 a.m. | UPDATED: September 15, 2020 at 2:11 p.m.
The main building and former Naval officers’ homes, foreground, are seen from this drone view at Winehaven in Richmond, Calif., on Monday, Aug. 14, 2018. Winehaven was the world’s largest winery from 1907-1919, and then became a fuel depot for the U.S. Navy. The city will be selling the Point Molate property to developers. (Jane Tyska/Bay Area News Group)
RICHMOND — City leaders have approved a controversial plan that will change a large portion of Richmond’s northern bayfront by injecting 1,450 homes and more than 400,000 square feet of commercial space on the Point Molate peninsula, the site of a former military base.
The City Council’s action Tuesday night culminated a decades-old battle between those who see the future project as a beacon for new jobs, needed housing and economic vitality and others who view it as an environmental disaster.
“I don’t want to see Point Molate fenced off for another 10 years. I want to see a project that has something for everyone. … I want to see a neighborhood at Point Molate,” Mayor Tom Butt said.
After hearing from dozens of residents who urged it to reject the proposal, the council voted 4-2 to approve a disposition and development agreement, various entitlements and a final environmental impact report allowing Winehaven Legacy, LLC — a subsidiary of development firm SunCal — to proceed.
As part of the deal, about 70% of the Point Molate site — 193 acres — will be reserved for public parks and open space.
The plan also envisions construction of a fire station and police station and rehabilitation of large buildings and about 30 cottages at the north end of the property, known as the Winehaven Historical District, into a “live-work village.”
With Councilmember Jael Myrick absent, council members Ben Choi and Demnlus Johnson and Vice Mayor Nat Bates joined Butt in voting for the proposal. Council members Eduardo Martinez and Melvin Willis dissented after the council majority rejected their request to postpone a decision.
Martinez wondered whether Richmond could afford to support such a large development, saying it’ll join other cities that “have expanded more than their capabilities.”
167 Residents and activists against the project questioned whether developers would be able to sell all the homes at a high enough price for the property tax revenue to cover the true costs of maintaining the infrastructure and staffing a fire department or other services.
During Tuesday’s meeting, city’s consultants pushed back on those concerns, noting the project will produce revenue for the city even if property values take a hit. The developer is buying the site for $45 million, which under terms of a court-approved settlement the city is required to split with other developers who sued it after the council rejected their plans to build a casino on Point Molate.
The master developer is also obligated to pay the city $25,000 for each housing built after the initial 1,260. The city’s consultants estimate the project could generate about $29 million in one-time fees and sales costs and an annual net of $6.8 million.
Other opponents said they do not want to create a community for the wealthy on property they believe should be entirely for the public.
Willis criticized the development agreement for committing to only 67 units of affordable housing. While city law would require additional affordable housing based on the actual number of units and affordability levels, the developer can meet that obligation by paying in lieu fees instead of actually building affordable units.
“I’m concerned that we’re unintentionally creating a gated community if we don’t have enough affordability,” Willis said.
Opponents of the plan also urged the city to do a more thorough analysis of the environmental impact report.
Pam Young, of the Golden Gate Audobon Society, told the council that Point Molate supports more than 200 bird species and “provides cost-free protection against sea level rise.”
Others said the area could be difficult to escape from in disasters such as a fire, with cars potentially packed onto Stenmark Drive.
A letter from East Bay Regional Parks District Manager Robert Doyle echoed that concern, saying, “It is our opinion that the design of Suncal’s development areas between the Shoreline and the slope of Ridgeline poses an extreme fire danger which cannot be mitigated by having a fire station nearby.”
Doyle also rejected the city’s previous request that the park district potentially manage the hillside open space, citing the risk posed by homes.
Community residents and activists opposed to the plan as part of the Point Molate Alliance have encouraged an alternative: building some commercial space, including a hotel, to promote jobs while moving housing to downtown and keeping most of Point Molate open as accessible land.
Resident Courtney Cummings pointed out there are still human remains on the site — the former burial sites of people indigenous to the area — and building over it would “desecrate” that.
168 “It’s amazing how much time and effort we’re putting into buildings that were after colonialism, yet we’re forgetting the original people of this land,” Cummings said in response to the developer’s proposal to restore the historic buildings on the site. “People do want free access to this land. I don’t see that happening.”
Mayor Butt and Vice Mayor Bates countered that about 70% of the site is reserved for open space.
Bates noted that under the terms of redeveloping many of the area’s former military bases and sites, there’s an understanding that cities would ensure “economic development and job creation” for the areas.
“Those resources could really be used to help Black and Brown communities in Richmond,” Councilmember Johnson said of potential revenue from the development’s property taxes.
Before any work can begin, the property must be transferred to the developer by May 2022, with construction to follow in two phases. The first phase will include the police and fire stations, master infrastructure for the neighborhood of restored historic buildings and affordable housing. The second phase will include the rest of the housing and other construction.
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When will Big Basin reopen? Estimates for reopening parks hit by fires range from weeks to years Tom Stienstra Sep. 8, 2020 Updated: Sep. 8, 2020 5:40 p.m. A welcome sign along Pope Canyon Road that leads to Lake Berryessa was destroyed in the LNU Lightning Complex fires. Photo: Santiago Mejia / The Chronicle
Four of the greater Bay Area’s most treasured recreation destinations, Lake Berryessa, Big Basin Redwoods State Park, Point Reyes National Seashore and the Los Vaqueros Watershed, could open within weeks or face recoveries that take years.
The first to reopen likely will be Los Vaqueros Reservoir in Contra Costa County, which avoided infrastructure damage when fire crews set a backfire near Cowboy Cove that burned into the Deer Fire and stopped it, said Jeff Houston, recreation manager at Los Vaqueros Marina.
The fire was 100% contained last week, but the watershed remained closed Tuesday with red flag warnings, wind and smoke. “It looks like a war zone this morning,” Houston said. “Smoke is ripping through with 40 mph winds.”
Here is an update:
Lake Berryessa
The Hennessey Fire burned down to the exposed high-water line in many spots at Lake Berryessa, the region’s No. 1 recreation lake, more than 15 miles long and spanning 20,000 acres.
Yet Pleasure Cove emerged without damage, according to Facebook posts from the site. Spanish Flat Marina and campground were virtually untouched, though the fire burned into the site’s gateway. Markley Cove, at the southern end of the lake, had the most damage, where the fire incinerated the store, rental cabins, the boat ramp and rental boats. Yet this week at Markley Cove, work was under way to reinstall docks at the boat ramp, reported John and Linda Frazier.
“Markley Cove will be back,” they posted.
Prognosis: The Bureau of Reclamation said it hopes to reopen Lake Berryessa “as soon as possible.”
Contact: Lake Berryessa Information Center, www.usbr.gov/mp/ccao/berryessa.
Point Reyes National Seashore
171 CalFire reported the Woodward Fire as 95% contained Tuesday, with 4,835 acres burned. According to park fire maps, the fire burned west of the Bear Valley Visitor Center (south of Limantour Road) up the flank to Inverness Ridge (and the Sky Trail) and through its fir and pine forest, then down the other side west across the grasslands to the ocean bluffs at the Coast Trail.
Underbrush burns during firing operation along Limantour Road while Woodward Fire burns in Point Reyes National Seashore in Marin County. Photo: Scott Strazzante / The Chronicle
Within that fire zone is the Sky Trail; Glen Camp high on the flank of Mount Wittenburg; and out of headquarters, the Bear Valley Trail (to Arch Rock) and its two spurs, Meadow and Old Pine Trail (to Sky Trail). Sky Camp near Limantour Road was on the edge of the fire zone, and Coast and Wildcat camps outside the fire zone. The fire has had no effect on the park’s elk herds, park staff reported (the elk instead face a critical lack of drinking water on the Tomales Peninsula).
Prognosis: The natural comparison is the Mt. Vision Fire, which burned much of the same area in the fall of 1995, and where most of the park reopened after the first saturating rains of early winter. The west flank of Inverness Ridge, primarily grasslands, re-emerged the next few springs with fresh grass and wildflowers amid the remains of burned trees. It took about 10 years for the forest on the ridge to begin to flourish.
Contact: Point Reyes National Seashore, www.nps.gov/pore.
Big Basin Redwoods
The CZU Lightning Complex fire roared through the heart of Big Basin and its old-growth redwoods. Gov. Gavin Newsom, in his walk-through last week, found all the park’s major structures at headquarters reduced to ash on concrete and bricks. District superintendent Chris Spohrer said the park will be closed for at least a year.
The headquarters building was burned to the ground at Big Basin Redwoods State Park in Boulder Creek. Photo: LiPo Ching / Special to The Chronicle
The old-growth mammoths, with their 12-inch-thick bark, were scorched but survived. The burn zone spans 86,509 acres in the Santa Cruz Mountains, and according to CalFire on Tuesday, was 81% contained.
After forest fires, crews identify underground burning root balls, and along roads and trails, spray paint trees in danger of falling with a large “H” to tag it as a “hazard tree.” Another concern is that winter rains will cause mudslides in steep canyons suffering vegetation loss. Affected areas will remain closed until access is deemed safe.
Prognosis: The best hope, many here believe, is that the park could be reopened by early winter of 2021 for hiking, after trails have been certified safe from hazard trees and slides. There is no
172 projected timeline when campgrounds might be reopened. In old-growth redwoods, a fire will scour the forest floor, but the big trees live on.
Contact: California State Parks. www.parks.ca.gov
East Bay parks, lakes
SCU Lightning Complex fires burned pieces of the Los Vaqueros Watershed, Del Valle Regional Park, Round Valley, Morgan Territory, Ohlone Wilderness, Sunol Wilderness and Mission Peak. It was 94% contained Tuesday after burning 396,624 acres, according to CalFire.
Prognosis: The good news is the fires spared important park infrastructure, rangers said. In addition, most of the landscape that burned consists of rolling grasslands, where fresh grass will sprout neon green next spring. Oak trees grow about 1 to 2 feet per year, and in 10 years, can reach 20 feet.
Contacts: East Bay Regional Park District www.ebparks.org; Los Vaqueros Watershed, www.ccwater.com/9/Los-Vaqueros.
173 page 4 THE VALLEY SENTINEL July / August 2020 valleysentinel.com Briones Regional Park By Beverly Lane, President, East Bay Regional Park District Board of Directors and gathering ground for Gloria Terrace in Pleasant Hill Native Americans whose (limited parking). villages were on the shores of • Lafayette Ridge staging area Carquinez Strait. The park’s on Pleasant Hill Road just name derives from Felipe and north of Highway 24, next to Maria Briones, who obtained Springhill Elementary School a Mexican land grant and and across from Acalanes established a rancho in the area. High School. After passing through For peace and quiet, several ownerships in • The Buckeye entrance at natural beauty, panoramic subsequent years, including the end of Springhill Road, views, abundant wildlife and water companies and Contra also off Pleasant Hill Road healthy outdoor exercise, one Costa County, the core acreage near the high school (limited of your best bets is an East Bay was transferred to the regional parking). regional park. park district in 1964. Land Highest point in the park is Briones Regional Park in acquisitions since then have Briones Peak at 1,483 feet. But central Contra Costa County expanded the park to its one of the best viewpoints is is a good example. present size. nearby on the Table Top Trail at Although Briones is Briones is a favorite of hikers, the junction with the Spengler surrounded by the communities equestrians and mountain Trail. From there you can see of Martinez, Pleasant Hill, bikers. The park’s largest the Diablo Valley, Mt. Diablo, Lafayette and Orinda, its entrance is on Bear Creek the town of Martinez, the Delta, camping and reservable group off, so visitors should bring location and topography create Road about five miles east of and even the Sierra Nevada picnic areas. Because of the their own water. People should the sense that you are many the intersection with Camino crest on a clear day. There’s coronavirus pandemic, these hike or ride with members of miles removed from the hustle Pablo/San Pablo Dam Road in another great view from atop and similar sites throughout their own households, not and bustle of urban life. Stand Orinda. Other access points Mott Peak, named for a former the regional parks are not with large unrelated groups. on a hilltop there, and you’ll are: Park District general manager currently available. The Park Maintain social distance, and see mostly open space in every • The pear orchard entrance who later became head of the District plans to resume carry masks to wear when direction. off Alhambra Valley Road National Park Service. normal operations, including distancing is not possible on At 6,256 acres, Briones near Martinez. A unique feature at reservations, as soon as it is narrow trails. is one of the largest regional Briones is the Briones deemed safe to do so by county A Briones Regional Park parks. And 67 miles of trails • Briones Road entrance, also Archery Club range, which health departments and the brochure, which includes a offer opportunities ranging off Alhambra Valley Road is open to the public during state of California. trail map, can be downloaded from easy strolls to challenging near the intersection with general park hours. For Meanwhile, park trails from the Park District website, treks for hiking, bicycling and Reliez Valley Road. Drive to information on the club, visit are open, with virus-related www.ebparks.org. Look also horseback riding. Wildlife in the top of the hill. www.brionesarchery.org. precautions in place. Some for “COVID-19 Park & Trail the park includes birds of prey, • Alhambra Creek staging area Briones Regional Park has toilets are open, but drinking Updates” at the top of the coyote, deer and mountain off Reliez Valley Road near facilities for overnight group fountains have been turned home page. lions. Martinez. Before the arrival of Europeans, the area was hunting • Reliez Valley staging area on Reliez Valley Road near East Bay Regional Park District Survey and Other News back to resuming as normal a Restoration and Public Access by Ned MacKay life as possible. Project, awarded in 2017. If you’d like to participate In general LWCF funds are During the coronavirus in the survey, go to the used to expand public lands, Give Back pandemic, the East Bay Regional park district website, www. safeguard natural areas and Park District has experienced ebparks.org. At the top of protect cultural heritage sites what the district describes as an the home page is a slide nationwide. unprecedented surge in visitor display that changes every In advocating full perma- To Your East Bay Regional Parks! attendance, as people head to few seconds. When “Covid19 nent funding of LWCF, the the parks for healthy exercise Park U Community Survey” district has had the support and relief from stress. appears, click on it. The of the East Bay’s entire According to findings of a survey is available in both Congressional delegation. recent survey, 96 percent of English and Spanish. The park district’s virtual the respondents stated that it Here’s more good news: nature programs continue, Purchase a Regional Parks Foundation has been important to keep The Senate and House of with all kinds of information regional parks and trails open Representatives have both and activities on video at membership, and the funds will support during the pandemic. Ninety just approved the Great www.ebparks.org, thanks to educational programs and stewardship percent believed that having American Outdoors Act, which the district’s naturalist corps. projects in the East Bay Regional Parks. access to the parks and trails mandates permanent funding From art to zoology, you As a thank you, you’ll receive: Free Parking, has been important to their of $900 million annually for can view it all by clicking health and wellbeing. And 94 the national Land and Water on “Digital Learning” when Free Swimming, Annual Dog Pass (up to percent believed the parks will Conservation Fund (LWCF). it appears on the serial slide 3 dogs), Camping Discounts and more… play an equal or greater role in The bill now goes to President show, or by clicking on the their lives when the pandemic Donald Trump, who has said “Digital Learning” display near Memberships are available at select Regional Parks is over. he will sign it. the bottom of the home page. and Bay Area REI stores – and you can use your Now, the district is conducting The LWCF receives its And when you are actually REI membership dividend to purchase! an online survey along the money from royalties paid out in the parks, please don’t Or visit RegionalParksFoundation.org/Join to same lines, and would like to by energy companies drilling forget to bring along a face purchase online. hear from as many people as for oil and gas on the Outer mask to wear when social possible. The purpose is to assist Continental Shelf. Over the distancing is difficult on the district in developing ways past 50 years, the program has narrow trails. The more we to mitigate the negative impact provided more than $16 million make a habit of mask wearing, of the pandemic, both while it in funding for various parks and the safer we will be and the is still a threat and afterwards, trails in the East Bay Regional sooner we’ll all get through the when the coronavirus has been Park District, most recently pandemic. Thanks to everyone controlled and people can get for the $750,000 Bay Point for cooperating. 174 175
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